The Tennessee Supreme Court has ruled that a prior conviction for robbery can increase the penalty for a criminal defendant’s conviction for unlawful possession of a firearm but only if a jury finds that the prior robbery was committed with the use of violence. In the case of Christopher Oberton Curry Jr., who was convicted in 2022 of unlawful firearm possession after a felony conviction for robbery, the trial court had instructed the jury that robbery was a "crime of violence." The appellate court affirmed. The Supreme Court found that the trial judge erred in making a determination that the prior robbery had been violent and reduced the conviction. The court said that a jury should have made that determination. Read more about the opinion from the Administrative Office of the Courts.

In a new opinion, the Tennessee Supreme Court has affirmed a damages award to a man who sustained serious injuries after falling on a pedestrian bridge at his apartment complex. The court ruled that the owner and operator of the complex, Mid-America Apartments (MAA), had a duty to maintain safe conditions on the bridge. The central issue in the case was whether the owner could have discovered the dangerous condition beforehand through proper diligence. The court concluded that the condition of the bridge was a “general or continuing condition” that was reasonably foreseeable. In a 4-1 decision, the court upheld the trial court’s damages award of more than $2 million to the plaintiff. The decision by the court reaffirmed its long-standing precedent governing premises liability cases in Tennessee set forth in Blair v. W. Town Mall, the Administrative Office of the Courts reports in a release. Justice Sarah K. Campbell dissented, arguing that MAA lacked constructive knowledge of the dangerous condition because there was no evidence that a similar issue had occurred previously on the bridge or elsewhere on the property.

The Tennessee Supreme Court has amended Rule 17 of its rules to update the uniform judgment document that must be used in all cases falling within the Tennessee Criminal Sentencing Reform Act of 1989. Rule 17 provides for a uniform judgment document to be used in all trial courts of record in all cases brought under the act. The new form must be used beginning Jan. 15. It can be accessed in today's order.

The Tennessee Supreme Court has two cases set for its Jan. 8, 2025, docket in Knoxville: Matthew Long v. Chattanooga Fire and Police Pension Fund, and Brett Houghton et al. v. Malibu Boats LLC. Read more about the cases in a press release from the Administrative Office of the Courts. The cases will be heard at the Tennessee Supreme Court building, 535-599 Main St. SW, Knoxville 37902, beginning at 9 a.m. EST and will be livestreamed to the TNCourts YouTube page.

The Tennessee Supreme Court on Friday issued an opinion in Pharma Conference Education Inc. v. State rejecting the state’s argument that its contract with Pharma Inc. was not enforceable because the company’s promise to perform was “illusory.” The court instead held that Pharma’s promise to provide the University of Tennessee Health Science Center as many continuing education programs as feasible was a real obligation and therefore adequate consideration for the contract. The state had sought to terminate the agreement, but Pharma sued for breach of contract. Chief Justice Holly Kirby concurred in the majority decision but wrote separately to argue that depositions in the case could not be used to contradict the contract. Read more about the opinions from the Administrative Office of the Courts.

The Tennessee Supreme Court has ordered an increase of $100 in the annual registration fee paid by attorneys to the Board of Professional Responsibility (BPR) and adjustment to the allocation of those funds. The order amends Supreme Court Rules 9 and 33 and will be effective March 1, 2025, according to a press release from the Administrative Office of the Courts. In October, the court published for public comment the proposed amendments to increase the annual registration fee from $170 to $270 and to adjust the allocation of funds to $225 to the Board of Professional Responsibility (BPR), $30 to the Tennessee Lawyer Assistance Program (TLAP) and $15 to the Tennessee Lawyers Fund for Client Protection (TLFCP). According to the release, the court adopted the proposed amendments because the annual registration fee is one of the lowest in the country and has remained unchanged since 2009. Lawyers will begin paying the increased annual registration fee as of March 1, 2025.

The Tennessee Supreme Court has adopted amendments to Rule 54. The court noted that the changes were requested by the Administrative Office of the Courts. The rules will take effect immediately. View the red-line changes to the rule in the court’s order.

The Tennessee Supreme Court has adopted amendments to the Rules of Appellate Procedure and the Rules of Civil Procedure, which now are subject to legislative consideration. If approved by the General Assembly, the rules will take effect on July 1, 2025.

The terms of four Tennessee Commission on Continuing Legal Education members — Stephanie Coleman, Jay Ebelhar, Lynda Minks Hood and David Veile — will expire on Dec. 31. These members are not eligible for reappointment. To replace them, the Tennessee Supreme Court has adopted an order appointing new members to serve three-year terms starting Jan. 1, 2025, and ending Dec. 31, 2027. They are: Amy J. Farrar, founding partner of Tennessee Center for Estate & Elder Law in Murfreesboro; Joseph W. Smith, senior attorney at Miles Mason Family Law Group in Memphis; Mary Ann Upchurch, executive director of the Memphis Bar Association; and Wencke West, a Cleveland attorney in private practice. The court also has reappointed Julie Bennett, chief legal officer and corporate secretary at Ballad Health in Kingsport, as chair of the commission for a one-year term beginning Jan. 1 and ending Dec. 31, 2025.

The Tennessee Supreme Court will hear oral arguments in two cases on Dec. 4 at Austin Peay State University in Clarksville as part of its Supreme Court Advancing Legal Education for Students (SCALES) program. The cases are Theresa Thompson Locke et al. v. Jason D. Aston M.D. et al. and State of Tennessee v. Ambreia Washington. SCALES is an initiative launched by the court in 1995 to educate high school students about the Tennessee legal system and the functions of the judicial branch. SCALES has provided more than 40,000 students from more than 500 high schools the ability to witness the Tennessee Supreme Court in action. Read more about the program and the cases to be heard beginning at 9 a.m. CST that day. The session also will be livestreamed on the court's Youtube page.