Opinion Flash

February 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.

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
01 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 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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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


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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