Appellate Practice Section

This is TBA’s newest section and was created by TBA leadership to provide members the opportunity to come together for the purposes of exchanging information and to provide CLE on appellate practice issues.

Miller & Martin PLLC
832 Georgia Ave Ste 1000
Chattanooga, TN 37402
Immediate Past Chair
Hagan & Farrar, PLLC
106 North Church Street
Murfreesboro, TN 37130

Are Bloggers ‘Way’ Overreacting?

Justice Elena Kagen sent some bloggers into a frenzy over her use of the word “way” as an adverb, writing in an opinion that pharmaceutical company Omnicare “way overstates” a mandated congressional inquiry. A University of California at Los Angeles law professor says the phrase “way overstates” has never been used in a published United States court opinion, the ABA Journal reports. Others pointed out that the word had appeared as an adverb before, citing a 1998 federal court opinion that used the phrase “way overreacted."

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Multiple Errors Result in New Trial For Defendant

The Tennessee Supreme Court has granted a new trial to a Memphis man convicted of rape due to multiple trial court errors. The Court employed a legal principle called the “cumulative error doctrine,” which represents the idea that multiple errors, while individually harmless, when combined, create a cumulative effect that is prejudicial to the defendant. The AOC has more.

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