42 TAM 38, September 18, 2017

Right to counsel in Tennessee misdemeanor cases

National reports have documented the failure of state and local governments and their courts to implement, as required, the right to counsel in misdemeanor cases for accused persons unable to afford an attorney.

Highlights

Supreme Court

•Supreme Court holds that preferred service employee with State of Tennessee does not have protected property interest in his or her continued employment. For the full text, click here.

Workers' Comp Appeals Board

•Workers' Comp Appeals Board, in issue of first impression, holds “Notice of Withdrawal of Petition for Benefit Determination” issued by mediator does not serve as voluntary dismissal of claim for purposes of statute of limitation. For the full text, click here.

Court of Appeals

•Court of Appeals affirms grant of summary judgment in favor of defendant hospital when plaintiff, while exiting hospital, was hit by automatic door, fell, and broke her femur, in absence of showing that defendant could have discovered, by reasonable inspection, alleged dangerous or defective condition that caused plaintiff’s injuries. For the full text, click here.

•Court of Appeals reverses summary judgment in favor of defendant restaurant when plaintiff fell after picking up box of food and bag of ice when defendant had superior knowledge with regard to how long bag of ice had been sitting out at room temperature before plaintiff arrived to pick up her order. For the full text, click here.

•Court of Appeals holds that when three witnesses, all of whom were long-time employees of decedent, testified that decedent was of “sound mind and disposing memory” when he executed purported will, TCA 32-1-104(b) operated to integrate witnesses’ signatures into will even though affidavit was silent as to decedent’s capacity to execute will. For the full text, click here.

Court of Criminal Appeals

•Court of Criminal Appeals rejects vagueness constitutional challenge to “failure to appear” statute. For the full text, click here.