March 9, 2000
Volume 6 -- Number 036

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.

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
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Lucian T. Pera
Editor-in-Chief, TBALink

REUBEN N. PELOT, III
VS.
NICHOLAS S. CAKMES

Court:TCA                        

Judge:  GODDARD

First Paragraph:

Defendant Nicholas S. Cakmes files a petition requesting that instead
of adjudging the value of the remaining interest of Plaintiff Reuben
N. Pelot, III, in their dentistry partnership, that the case be
remanded for the Trial Court to make that determination.

http://www.tba.org/tba_files/TCA/pelotreuR.wpd





STATE OF TENNESSEE
VS.
GREGORY AUSTIN

Court:TCCA

Attorneys:      

For the Appellant:          For the Appellee:

Walker Gwinn                Paul G. Summers
Asst. Public Defender       Attorney General and Reporter
201 Poplar Avenue   
Memphis, TN  38103          J. Ross Dyer
                            Assistant Attorney General      
                            Criminal Justice Division
AC Wharton                  425 Fifth Avenue North
District Public Defender    2d Floor, Cordell Hull Building
                            Nashville, TN 37243-0493            
    
                        
                            William L. Gibbons
                            District Attorney General
    
                            Lee Coffee and Jennifer Nichols
                            Asst. District Attorneys General
                            Criminal Justice Complex, Suite 301
                            201 Poplar Avenue
                            Memphis, TN  38103                    

Judge:  HAYES

First Paragraph:

The appellant, Gregory Austin, appeals his jury conviction for first
degree premeditated murder.  The appellant was originally indicted for
felony murder in the perpetration of attempted robbery and first
degree premeditated murder.  Because the State did not seek a sentence
of death or life without parole, the trial court imposed a life
sentence.   On appeal, the appellant argues the trial court erred in
failing to: (1) suppress the appellant's statement to the police; (2)
permit redaction of portions of appellant's statement to the police
prior to its admission; and (3) contemporaneously instruct the jury
regarding prior inconsistent statements.

http://www.tba.org/tba_files/TCCA/AUSTIN~1.wpd





STATE OF TENNESSEE
VS.
KERMIT MAURICE COZART

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

JIM L. FIELDS               PAUL G. SUMMERS
111 East Wood Street        Attorney General & Reporter
Paris, TN 38242             

PATRICIA C. KUSSMAN
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493

ROBERT "GUS" RADFORD
District Attorney General
P. O. Box 686
Huntingdon, TN 38344                          

Judge:  WILLIAMS

First Paragraph:

The defendant, Kermit Maurice Cozart, appeals from a guilty verdict
returned against him by a Henry County jury for Aggravated Kidnapping,
a Class B felony.  The trial court sentenced the defendant to ten
years at 100% as a violent offender for the aggravated kidnapping. 
The defendant contends that the trial court erred in failing to give
the defendant's requested special jury instruction.

http://www.tba.org/tba_files/TCCA/Cozartkm.wpd





STATE OF TENNESSEE
VS.
DAVID REMUS

Court:TCCA

Attorneys:  

For the Appellant:          For the Appellee:

C. Anne Tipton              Paul G. Summers
140 N. Third Street         Attorney General and Reporter
Memphis, TN  38103  
                            Tara B. Hinkle
                            Assistant Attorney General                              
                            Criminal Justice Division
                            425 Fifth Avenue North
                            2d Floor, Cordell Hull Building
                            Nashville, TN 37243-0493                
                            
                            William L. Gibbons
                            District Attorney General

                            Jennifer Nichols
                            Asst. District Attorney General
                            Criminal Justice Complex
                            Suite 301, 201 Poplar Avenue
                            Memphis, TN  38103                        

Judge:  HAYES

First Paragraph:

The appellant, David Remus, appeals the jury verdict of the Shelby
County Criminal Court finding him guilty of burglary of a building, a
Class D felony..  The trial court imposed a sentence of three years
and three months in the county workhouse.  On appeal, the appellant
challenges (1) the sufficiency of the evidence; (2) the jury's viewing
of the appellant while "shackled;" and (3) the trial court's
application of an enhancement factor in determining the appellant's
sentence.

http://www.tba.org/tba_files/TCCA/REMUSD.wpd

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