Justia Tennessee Supreme Court Opinion Summaries

After a second jury trial, Defendant was convicted of thirty-seven counts of sexual battery by an authority figure. The Court of Criminal Appeals reversed the convictions and remanded for a new trial, holding that the State failed to make a proper election of offenses but that the evidence was sufficient to support the convictions. The Supreme Court reversed, holding (1) the election of offenses doctrine does not require the prosecution to identify a single incident of sexual battery in cases where the child victim testifies to repeated incidents of sexual contact occurring over a substantial period of time but does not furnish specific dates, details, or distinguishing characteristics as to individual incidents of sexual battery; (2) where a prosecution is based solely on generic evidence, such as this one, the trial court must provide the jury with a modified unanimity instruction that allows a conviction only if the jury unanimously agrees the defendant committed all the acts described by the victim; and (3) although the trial court did not provide such a modified unanimity instruction in this case, the omission of this instruction was harmless beyond a reasonable doubt. View "State v. Qualls" on Justia Law

After a jury trial, Defendant was convicted of three counts of facilitation of first degree murder and one count of facilitation of aggravated robbery. The court of criminal appeals affirmed. The Supreme Court affirmed, holding (1) the trial court did not err in admitting an autopsy report through the testimony of a medical examiner who did not perform the autopsy, as the autopsy report was not testimonial and therefore did not violate Defendant’s rights under the Confrontation Clause; (2) the warrantless search of Defendant’s home by officers who entered the home after the first responding officer’s initial entry into the home was lawful, and consequently, the trial court did not err by denying Defendant’s motion to suppress the evidence that was in plain view and within the scope of the search; and (3) even if the trial court erred in admitting items that were not in plain view, the error was harmless. View "State v. Hutchison" on Justia Law

Plaintiff, a bank, filed suit against multiple defendants for fraud, constructive fraud, civil conspiracy, negligent misrepresentation, unjust enrichment, and violation of the Tennessee Securities Act. Three non-resident defendants (the “Ratings Agencies”) moved to dismiss based on lack of personal jurisdiction and failure to state a claim. The trial court granted the motion and dismissed Plaintiff’s claims. The Supreme Court (1) affirmed the judgment of the trial court finding that Plaintiff failed to establish a prima facie case of personal jurisdiction under a theory of general jurisdiction or specific jurisdiction; but (2) vacated the dismissal of Plaintiff’s action against the Ratings Agencies on the theory of conspiracy jurisdiction, holding that although Plaintiff has failed to establish a prima facie case of conspiracy jurisdiction at this point, the case must be remanded for the trial court to determine if Plaintiff should be allowed to conduct jurisdictional discovery on the conspiracy theory of personal jurisdiction in a manner consistent with the guidelines set forth in this opinion. View "First Cmty. Bank, N.A. v. First Tennessee Bank, N.A." on Justia Law

Mortgage Electronic Registration Systems, Inc. (MERS) brought this action to set aside a tax sale of real property, arguing that the county’s failure to provide it with notice of the sale violated his right to due process. The purchaser of the real property (Defendant) moved for judgment on the pleadings, asserting that MERS did not tender payment of the sale price plus the accrued taxes before bringing suit, as is statutorily required in a suit challenging the validity of a tax sale, and that MERS did not have a protected interest in the subject property. The trial court granted Defendant’s motion, concluding that MERS did not have an interest in the property. The Court of Appeals on the grounds that MERS lacked standing to file suit. The Supreme Court affirmed on different grounds, holding (1) MERS was not required to tender payment before filing this lawsuit; and (2) MERS acquired no protected interest in the subject property, and therefore, its due process rights were not violated by the county’s failure to notify it of the tax foreclosure proceedings or the tax sale. View "Mortgage Elec. Registration Sys., Inc. v. Ditto" on Justia Law

Appellant filed a pro se motion under Tenn. R. Crim. P. 36.1 alleging that his sentences in two cases were illegal because the trial court increased his sentences above the statutory presumptive minimum sentence but failed to find enhancement factors justifying the increase. The Criminal Court denied Appellant’s Rule 36.1 motion, determining that Appellant’s sentences had expired and, therefore, the court had no jurisdiction to rule on Appellant’s Rule 36.1 motion. The Court of Criminal Appeals affirmed, concluding that Appellant had failed to state a colorable claim for relief under Rule 36.1. The Supreme Court affirmed, holding (1) the definition of “colorable claim” in Rule 28, section 2(H) of the Rules of the Tennessee Supreme Court applies to the term “colorable claim” in Rule 36.1; (2) the definition of “illegal sentence in Rule 36.1 is coextensive with the definition this Court has applied to the term for purposes of habeas corpus proceedings; and (3) in this case, Appellant failed to allege a colorable claim for correction of an illegal sentence. View "State v. Wooden" on Justia Law

Adrian Brown filed a pro se motion under Tenn. R. Crim. P. 36.1 seeking correction of allegedly illegal sentences imposed after he pleaded guilty to several crimes. The State responded that Brown’s Rule 36.1 motion should be dismissed because Brown’s sentences had expired. The trial court dismissed the motion without explanation. The Court of Criminal Appeals affirmed, holding that the expiration of Brown’s sentences rendered his Rule 36.1 motion moot. The Supreme Court affirmed, holding (1) Rule 36.1 does not authorize the correction of expired illegal sentences; and (2) the allegation that the trial court failed to award pretrial jail credits was not sufficient to state a colorable claim for relief from an illegal sentence under Rule 36.1. However, because Brown established a clerical error in the judgments on one of his convictions under Rule 36, the matter is remanded to the trial court for correction of the clerical error. View "State v. Brown" on Justia Law

CBS Outdoor, Inc. applied to the Davidson County Metropolitan Department of Codes and Building Safety for two permits regarding billboards. The Zoning Administrator denied the permits. The Board of Zoning Appeals of Nashville and Davidson County, Tennessee (BZA) overturned the Zoning Administrator’s decision and granted the permits. The Metropolitan Government of Nashville and Davidson County, Tennessee (Metro) timely filed a petition for a writ of certiorari against the BZA in chancery court challenging the BZA’s order. The chancery court dismissed the petition, concluding that Metro did not have standing to bring this suit. The Court of Appeals reversed, holding that Metro had the requisite standing to bring this action. The Supreme Court affirmed, holding that the chancery court erred in dismissing the petition on the basis that Metro lacked standing. Remanded. View "Metro. Gov’t of Nashville & Davidson County, Tenn. v. Bd. of Zoning Appeals" on Justia Law

A Hospital brought this lawsuit against a TennCare managed care organization (MCO), alleging that the MCO had not paid the Hospital all it was due for emergency services provided to the MCO’s TennCare enrollees. The MCO counterclaimed, seeking recovery of alleged overpayments made pursuant to the TennCare regulations. Thereafter, the MCO filed a motion for partial summary judgment, arguing that the Uniform Administrative Procedures Act (UAPA) required the Hospital to exhaust its administrative remedies by bringing its claims before TennCare prior to filing suit. The trial court agreed and dismissed the Hospital’s complaint and the MCO’s counterclaim for lack of subject matter jurisdiction. The Supreme Court reversed, holding (1) the UAPA requires exhaustion of administrative remedies in this matter to the extent that resolution of the parties’ claims would require the trial court to render a declaratory judgment concerning the validity or applicability of TennCare regulations; but (2) while the UAPA prohibits the trial court from rendering such declaratory relief absent exhaustion of administrative remedies, it does not address claims for damages. Remanded to the trial court with directions to hold the parties’ damage claims in abeyance pending resolution of administrative proceedings regarding the validity or applicability of the TennCare regulations at issue. View "Chattanooga-Hamilton County Hosp. Auth. v. UnitedHealthcare Plan of the River Valley, Inc." on Justia Law

Five separate groups of Pennsylvania-domiciled insurance companies (collectively, “Claimants”) were authorized to provide workers’ compensation coverage in Tennessee. As a result of an audit conducted by the State of Tennessee, Claimants were required, under Tennessee’s retaliatory tax statute, to recalculate their Tennessee taxes to include certain Pennsylvania workers’ compensation charges, file amended tax returns, and remit payment of the additional taxes totaling over $16 million. Claimants paid the taxes under protest. Each Claimant subsequently filed a complaint with the Tennessee Claims Commission (the “Commissioner”) seeking a refund of the retaliatory taxes paid under protest. The Commissioner issued five identical judgments, each granting summary judgment in favor of the State. The Court of Appeals affirmed. The Supreme Court reversed, holding that because the Pennsylvania workers’ compensation assessments were no longer paid by the insurance companies but were imposed on the employer-policyholders in conjunction with their premium payments, the administrative task of collecting and remitting those payments did not qualify as a burden on the insurance companies for purposes of the retaliatory tax. View "Chartis Casualty Co. v. State" on Justia Law

Plaintiffs filed this action against Defendant, a licensed clinical social worker, alleging negligence, negligence per se, and intentional infliction of emotional distress for providing counseling services for their minor daughter without their consent. Defendant filed a motion to dismiss based on Plaintiffs’ failure to comply with the pre-suit notice and certificate of good faith requirements of the Tennessee Health Care Liability Act (“THCLA”). Plaintiffs responded that their claims were not subject to the THCLA’s procedural requirements because their claims sounded in ordinary negligence. The trial court dismissed all of Plaintiffs’ claims, concluding that the THCLA encompassed Plaintiffs’ claims because they related to the provision of “health care services” by a “health care provider.” The Court of Appeals vacated the trial court’s order and remanded, concluding that the trial court erred by failing to apply the Supreme Court’s analysis in determining if Plaintiffs’ claims sounded in ordinary negligence or health care liability. The Supreme Court reversed the Court of Appeals, holding (1) the Tennessee Civil Justice Act of 2011, which amended the THCLA, statutorily abrogated the Court’s decision in Estate of French; and (2) Plaintiff’s complaint was subject to the THCLA, which required them to provide pre-suit notice and a certificate of good faith. View "Ellithorpe v. Weismark" on Justia Law