Opinion FlashFebruary 11, 2002
Volume 8 Number 026
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.
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Howard H. Vogel
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0211.wpd
MARY HENRY, et al. v. OBSTETRICS AND GYNECOLOGY CONSULTANTS, P.C., et al. Court:TCA Attorneys: J. D. Lee and Dan C. Stanley, Knoxville, Tennessee, for the Appellants, Mary Henry and Travis Henry James G. O' Kane, Knoxville, Tennessee, for the Appellees, Obstetrics and Gynecology Consultants, P.C., and Jeffrey R. Dell, M.D. Judge: GODDARD First Paragraph: Mary Henry and Travis Henry sue Obstetrics and Gynecology Consultants, P.C., and Jeffrey R. Dell, M.D., for medical malpractice which they contend resulted in the death of their daughter. The Trial Court excluded the testimony of the expert witness presented by the Henrys on the ground that he was not entitled to testify because he did not know the standard of care on the date of the alleged malpractice in Knoxville or a similar community. We affirm. http://www.tba.org/tba_files/TCA/henrym_opn.wpd
MARY HENRY, et al. v. OBSTETRICS AND GYNECOLOGY CONSULTANTS, P.C., et al. FRANKS CONCURRING http://www.tba.org/tba_files/TCA/henrym_con.wpd
STATE OF TENNESSEE v. MARK A. CALDWELL Court:TCCA Attorneys: John C. Cavett, Jr., Chattanooga, Tennessee, for the appellant, Mark A. Caldwell. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; William H. Cox, III, District Attorney General; and Rodney C. Strong, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant was convicted of first degree premeditated murder, first degree felony murder, and especially aggravated robbery, with the murder convictions merged into a single conviction for first degree murder following the jury's verdict. The jury sentenced him to life imprisonment on the murder conviction, and the trial court sentenced him to twenty-two years on the especially aggravated robbery conviction, to be served concurrently to the life sentence. Following the denial of his motion for a new trial, the defendant filed a timely appeal to this court, raising four issues: (1) whether the evidence was sufficient to support his convictions; (2) whether the trial court erred in allowing testimony about a statement of denial he made to police; (3) whether the trial court erred in allowing a photograph of the victim's body to be introduced into evidence; and (4) whether the jury should have been instructed that the State had taken the position, in a dismissed conspiracy indictment, that the defendant's accomplice was the shooter. After a careful review, we affirm the judgment of the trial court but remand for entry of corrected judgments. http://www.tba.org/tba_files/TCCA/caldwellmarka.wpd
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