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.

Tennessee Atty General's...
P.O. Box 20207
Nashville, TN 37202-0207
Immediate Past Chair
Baker, Donelson, Bearman, Caldwell...
165 Madison Ave Suite 2000
Memphis, TN 38103
Staff Coordinator
Tennessee Bar Association
221 4th Avenue N. Suite 400
Nashville, TN 37219

Justice Kavanaugh Issues First SCOTUS Opinion

Justice Brett M. Kavanaugh issued his first opinion for the U.S. Supreme Court yesterday, The ABA Journal reports. The unanimous opinion held that federal judges don’t have the authority to decide whether a dispute can be arbitrated when the contract gives the decision to the arbitrator. The Supreme Court ruled in a dispute between a dental equipment manufacturer and a distributor, Henry Schein Inc. v. Archer and White Sales Inc.
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TSC Holds Evidence Not Enough to Convict for Attempt to Sexually Exploit a Minor

In a divided opinion, the Tennessee Supreme Court has reversed and dismissed the conviction of a Davidson County man for attempted especially aggravated sexual exploitation of a minor — “attempted child sexual exploitation” — in a case in which he secretly videotaped a 13-year-old female relative while she was in her bedroom. Based on the language of Tennessee’s child sexual exploitation statutes, which were adopted to address the production of child pornography, the majority of the Court found that there was not enough evidence at trial to affirm the conviction. Justice Holly Kirby authored the majority opinion, and the dissent was authored by Justice Roger Page.
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