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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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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