Tennessee Supreme Court Decisions 2017

Tennessee Department of Correction v. Pressley  
Date: September 14, 2017
Docket Number: M2015-00902-SC-R11-CV

Justia Opinion Summary: A “preferred service” state employee does not have a protected property interest in his or her employment, and the State did not bear the ultimate burden of proof in a post-termination administrative appeal under section...

Beard v. Branson  
Date: August 30, 2017
Docket Number: M2014-01770-SC-R11-CV

Justia Opinion Summary: At issue was whether a surviving spouse who files a wrongful death lawsuit was acting as a legal representative of the decedent and whether a wrongful death lawsuit filed pro se by the surviving spouse was void ab initio...

State v. Itzol-Deleon  
Date: August 25, 2017
Docket Number: M2014-02380-SC-R11-CD

Justia Opinion Summary: In this case, the Supreme Court expressly overruled its decision in State v. Barney, 986 S.W.2d 545 (Tenn. 1999), and held that double jeopardy principles apply when determining whether multiple convictions of sexual off...

Ray v. Madison County  
Date: August 16, 2017
Docket Number: M2016-01577-SC-R23-CV

Justia Opinion Summary: The Supreme Court accepted certification of questions of law from a federal district court and answered (1) for split confinement sentences, Tennessee trial judges are authorized to fix a percentage the defendant must se...

In Re: Paul Julius Walwyn, BPR #18263
Date: August 4, 2017
Docket Number: M2016-01507-SC-BAR-BP
Bray v. Khuri  
Date: July 5, 2017
Docket Number: W2015-00397-SC-R11-CV

Justia Opinion Summary: A potential plaintiff who provides pre-suit notice to one potential defendant is not required under Tenn. Code Ann. 29-26-121(a)(2)(E) to provide the single potential defendant with a HIPAA-compliant medical authorizatio...

State v. Stephens  
Date: June 16, 2017
Docket Number: E2014-02514-SC-R11-CD

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated stalking. The Court of Criminal Appeals reduced Defendant’s conviction from aggravated stalking to misdemeanor stalking on the basis of insufficient evidence. Spe...

State v. Rowland  
Date: June 2, 2017
Docket Number: W2014-02311-SC-R11-CD

Justia Opinion Summary: A defendant has no appeal as of right under Tenn. R. App. P. 3(b) from the denial of a Tenn. R. Crim. P. 41(g) motion for return of property when the defendant did not file a pretrial motion to suppress and pleaded guilt...

Peter M. Napolitano v. Board of Professional Responsibility
Date: May 24, 2017
Docket Number: M2016-00869-SC-R3-BP
Eberbach v. Eberbach  
Date: May 23, 2017
Docket Number: M2014-01811-SC-R11

Justia Opinion Summary: Upon their divorce, Wife and Husband entered into a marital dissolution agreement (MDA) that contained a provision entitling the prevailing party to an award of appellate attorney’s fees in subsequent legal proceedings....

State v. Hawkins  
Date: May 1, 2017
Docket Number: W2012-00412-SC-DDT-DD

Justia Opinion Summary: A jury found Defendant guilty of the premeditated first degree murder of his girlfriend,of initiating a false report concerning her disappearance, and of abuse of her corpse. The jury imposed the death sentence on the f...

State of Tennessee v. James Hawkins (Concurring)
Date: May 1, 2017
Docket Number: W2012-00412-SC-DDT-DD
Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr.
Date: April 19, 2017
Docket Number: M2014-02379-SC-R11-CV
Kilburn v. Granite State Insurance Co.  
Date: April 10, 2017
Docket Number: M2015-01782-SC-R3-WC

Justia Opinion Summary: Charles Kilburn was injured in a motor vehicle accident and underwent surgery to resolve his neck injury complaints. Charles took oxycodone to alleviate his back pain. Several months after his surgery, Charles died due t...

State of Tennessee v. James Robert Christensen, Jr.
Date: April 7, 2017
Docket Number: W2014-00931-SC-R11-CD
Jenkins v. Big City Remodeling  
Date: April 5, 2017
Docket Number: E2014-01612-SC-R11-CV

Justia Opinion Summary: When homeowners’ partially completed house and its contents were destroyed by fire, the homeowners sued the general contractor and the flooring subcontractors for damages, alleging that the fire was caused by the neglige...

State v. Tuttle  
Date: April 5, 2017
Docket Number: M2014-00566-SC-R11-CD

Justia Opinion Summary: In this case, the Supreme Court overruled State v. Jacumin, in which the Court rejected a totality-of-the circumstances analysis for determining whether an affidavit establishes probable cause and instead adopted another...

Moore-Pennoyer v. State  
Date: March 28, 2017
Docket Number: E2015-01701-SC-R11-CV

Justia Opinion Summary: Plaintiff was the secretarial assistant of Circuit Judge Harold Wimberly when Judge Wimberly lost the contested general election to William Ailor. Ailor informed Plaintiff that he would not require her services after tak...

West v. Schofield  
Date: March 28, 2017
Docket Number: M2015-01952-SC-RDM-CV

Justia Opinion Summary: Plaintiffs Stephen Michael West and Derrick D. Schofield were each convicted of first degree murder and sentenced to death. Plaintiffs bought a declaratory judgment action seeking a declaration that the written protocol...

Reginald Dion Hughes v. Tennessee Board of Probation and Parole (Dissent)
Date: March 23, 2017
Docket Number: M2015-00722-SC-R11-CV
Aragon v. Aragon  
Date: March 16, 2017
Docket Number: M2014-02292-SC-R11-CV

Justia Opinion Summary: The trial court entered a divorce decree between Mother and Father that incorporated an agreed parenting plan that did not designate a primary residential parent. After the divorce, Father spent the majority of the resid...

Hardy v. Tournament Players Club at Southwind, Inc.  
Date: March 8, 2017
Docket Number: W2014-02286-SC-R11-CV

Justia Opinion Summary: Employee asserted a private right of action against Employer under the Tennessee Tip Statute, Tenn. Code Ann. 50-2-107, for Employer’s failure properly to pay tips, gratuities, and service charges. The trial court grante...

Emory v. Memphis City Schools Board of Education  
Date: January 13, 2017
Docket Number: W2014-01293-SC-R11-CV

Justia Opinion Summary: Rogelynn Emory, a full-time tenured teacher in the Memphis City School System, was terminated after the Memphis City Schools Board of Education concluded after a hearing that there was ample evidence of Emory’s unsatisfa...

Brennan v. Tennessee Board of Parole  
Date: January 10, 2017
Docket Number: M2014-01591-SC-R11-CV

Justia Opinion Summary: In 2009, Appellant pleaded guilty to attempted rape of a child. That same year, Appellant began serving his sentence. On March 26, 2013, a Tennessee Board of Parole hearing officer conducted a parole hearing for Appellan...

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