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If you're looking for guidance in applying Tennessee's Rules of Professional Conduct to the technology you use in your daily practice, a new TennBarU online course could help. The interactive text format offers a lively learning experience, with scenarios that relate to the challenges you face.

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Court: TCA


Anthony M. Avery, Knoxville, Tennessee, for appellant.

John M. Lawhorn, Tennessee, for appellee.


The Trial Court dismissed plaintiff's malicious prosecution action. On appeal, we affirm.


Court: TCA


Ursula Bailey, Knoxville, Tennessee, for the Appellant, Helen C. Swanson.

Mary Ann Stackhouse, Chief Deputy Law Director and Robert C. McConkey III, Knoxville, Tennessee, for the Appellee, Knox County, Tennessee.

Judge: LEE

This case presents the issue of the applicability of Tenn. Code Ann. section 8-8-302 to a suit against a county government based on the failure of one or more of its deputy sheriffs to perform an administrative task. Ms. Swanson applied for a job with a hospital, and at the request of the hospital, the county sheriff's department issued a criminal background report on Ms. Swanson which contained some erroneous information. The sheriff's department corrected and reissued the report but failed to send the hospital a letter of explanation. Ms Swanson sued the county for damages pursuant to Tenn. Code Ann. section 8-8-302 . The trial court granted the county's motion for summary judgment. Upon review, we affirm. Ms. Swanson's suit for the "inaction" of various sheriff's deputies is a suit for negligence, which is controlled by the Tennessee Governmental Tort Liability Act, not Tenn. Code Ann. section 8-8-301, et seq. No relief is available under Tenn. Code Ann. section 8-8- 302, because the "act" complained of, i.e. failure to write an explanatory letter, is not an intentional act of misconduct for which the statute affords relief.


Court: TCCA


Timothy Boxx, Assistant Public Defender, Dyersburg, Tennessee, for the appellant, Edward Ray Armstrong.

Robert E. Cooper, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; and C. Phillip Bivens, District Attorney General, for the appellee, State of Tennessee.


The Petitioner, Edward Ray Armstrong, appeals as of right from the judgment of the Dyer County Circuit Court denying post-conviction relief. In 2006, the Petitioner pled guilty as a Range I, standard offender to theft of property valued at $1000 or more but less than $10,000, a Class D felony. Following a sentencing hearing, the trial court imposed a three-year sentence. On appeal, the Petitioner argues that he received the ineffective assistance of counsel due to trial counsel's failure to subpoena his medical records and to adequately prepare for trial. After a review of the record, we affirm the judgment of the post-conviction court.


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