June 17, 1999
Volume 5 -- Number 082

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink


ELEASE OWENS, for herself and   as  
next-of-kin to ETHERLINE        
BAILEY, Deceased
VS.
METHODIST HEALTH CARE               
SYSTEMS and WILLIAM C. PHELPS,  
M.D.

Court:TCA

Attorneys:                          
For the Plaintiff/Appellant:    For the Defendant/Appellee, 
                                William C. Phelps, M.D.:

Duncan E. Ragsdale              Jerry E. Mitchell                           
Memphis, Tennessee              Stephen C. Barton   
                                Memphis, Tennessee
                                
Judge:LILLARD

First Paragraph:

This is a medical malpractice case.  The plaintiff asserts that the
defendant physician caused the death of the decedent in the course of
childbirth.  The jury found in favor of the defendant physician.  The
plaintiff appeals, asserting error in the jury instructions and juror
misconduct.  We affirm.

http://www.tba.org/tba_files/TCA/owensele_opn.WP6






STATE OF TENNESSEE
VS.
MARK JOHN TURNER

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:


C. EDWARD FOWLKES           JOHN KNOX WALKUP
172 Second Ave., North      Attorney General & Reporter
Suite 214
Nashville, TN 37201-1908    ELIZABETH B. MARNEY
                            Asst. Attorney General
                            John Sevier Bldg.
                            425 Fifth Ave., North                                       
                            Nashville, TN  37243-0493
    
                            VICTOR S. JOHNSON, III
                            District Attorney General

                            BERNARD F. McEVOY
                            Asst. District Attorney General 
                            Washington Square, Suite 500
                            222 Second Ave., North
                            Nashville, TN 37201
                            
Judge:PEAY

First Paragraph:

In 1996, the defendant was convicted by a jury of driving under the
influence of an intoxicant (DUI), second offense.  The trial court
sentenced him to eleven months, twenty-nine days incarceration, all but
fifty-five days suspended, with the balance to be served on probation. 
He now presents several arguments why enhancement to second-offense DUI
was improper.  After a review of the record, we affirm.

http://www.tba.org/tba_files/TCCA/Turnermj_opn.WP6

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