The Tennessee Supreme Court will hear five cases on its February docket in Nashville, including two cases that will be presented at Nashville School of Law.
Three civil cases will be heard during a morning session at the Supreme Court building. Those cases are:
- Edward Martin v. Gregory Powers, et al. – This case involves a dispute over insurance coverage. Mr. Martin was injured after being struck by a vehicle driven by Mr. Powers and rented from Enterprise Rent-A-Car. Mr. Martin sought to recover compensation for his damages from his own auto insurance policy under the uninsured motorist provision. His insurance company denied coverage, stating that Enterprise was self-insured and therefore the vehicle did not qualify as an uninsured motor vehicle. The trial court and Court of Appeals agreed with the insurance company and Mr. Martin now appeals to the Supreme Court.
- Starlink Logistics, Inc. v. ACC, LLC, et al. –This case concerns a shuttered landfill in Maury County that continues to leach chlorides and ammonia at unacceptable levels. The issue involves an order from the Tennessee Solid Waste Disposal Control Board agreed to by ACC (the owners of the land) and the Tennessee Department of Environment and Conservation. Starlink, a neighboring landowner that intervened in the case, argues that the Court of Appeals applied an improper standard of review in upholding the agreed order between the Board and ACC.
- Rogelynn Emory v. Memphis City School Board of Education n/k/a Shelby County Board of Education – Ms. Emory had been a teacher for 28 years in the Memphis City School System when her employment was terminated. She requested a hearing based on the law concerning tenured teachers, which states that after a request for a hearing is made, the hearing shall be held within 30 days. When the hearing was held nearly a year later, the board approved her termination. Ms. Emory took her case to the Chancery Court, which agreed with the Board’s termination decision and also decided that she was not entitled to relief for the delayed hearing. On appeal, the Court of Appeals granted her an award of back pay due to the delayed hearing. The school board now appeals to the Supreme Court, which will address whether the 30-day hearing provision of the Tennessee Teacher Tenure Act requires strict compliance, and if so, the remedy for failure to comply.
Both cases slated to be heard at the Nashville School of Law are criminal cases:
- Clark Derrick Frazier v. State – Mr. Clark is challenging the validity of his guilty plea in light of what he characterizes as new DNA evidence that was not available to him at the time of his plea. He petitioned for a writ of error coram nobis, a rarely used extraordinary avenue of reviewing a case based on newly discovered evidence. Along with Mr. Frazier’s claim, the Court will decide whether it should reconsider its opinion in an earlier case, in which the Court held that defendants who have pleaded guilty may challenge their convictions through a petition for writ of error coram nobis based on newly discovered evidence.
- State v. Kenneth McCormick –Mr. McCormick was found guilty of DUI after a police officer discovered Mr. McCormick’s vehicle parked partially on the roadway, with its engine running, and with Mr. McCormick slumped over at the steering wheel. Mr. McCormick contends that his initial encounter with the officer resulted in an unlawful seizure of his vehicle. The Court of Criminal Appeals determined that the officer’s activation of his emergency lights to check on Mr. McCormick was a proper exercise of the community caretaking function and not an improper seizure. Along with considering Mr. McCormick’s case, the Supreme Court will consider whether to revisit prior Tennessee decisions that have limited the community caretaking function to consensual police-citizen encounters.
The February 10 oral arguments are open to the public. The morning docket will be heard starting at 9 a.m. at the Supreme Court building, 401 7th Ave, N., Nashville. The evening docket will begin at 5 p.m. at Nashville School of Law, 4013 Armory Oaks Drive, Nashville. Each case is expected to last approximately one hour.
Each case above is linked to the intermediate appellate court opinion.