Opinion Flash

March 13, 2002
Volume 8 — Number 046

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
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
 

There are three ways for TBALink members to get the full-text versions of these opinions from the Web:

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

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

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


STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. C.S.M. and
L.M.M. IN RE:  C.M.M.

Court:TCA

Attorneys:      

Gail F. Wortley, Knoxville, Tennessee, for the Appellants C.S.M. and
L.M.M.


Paul G. Summers, Attorney General and Reporter, and Elizabeth C.
Driver, Assistant Attorney General, Nashville, Tennessee, for the
Appellee State of Tennessee, Department of Children's Services.                    

Judge: SWINEY

First Paragraph:

In this appeal, C.S.M ("Mother") and L.M.M. ("Father") challenge the
termination of their parental rights, claiming there was insufficient
proof to establish grounds for termination or that it was in the best
interest of their child to terminate the parent-child relationship. 
We affirm the decision of the Juvenile Court terminating the parental
rights of Mother and Father.

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

STATE OF TENNESSEE v. NELSON TROGLIN

Court:TCCA

Attorneys:

Howard L. Upchurch, Pikeville, Tennessee, for the appellant, Nelson
Troglin.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; J. Michael Taylor, District Attorney
General; and James W. Pope, III, Assistant District Attorney General,
for the appellee, State of Tennessee.                      

Judge: WOODALL

First Paragraph:

The defendant, Nelson Troglin, was convicted of second degree murder
following a jury trial in the Bledsoe County Circuit Court.  The trial
court subsequently imposed a sentence of twenty-three years.  In this
appeal, Defendant raises the following issues: (1) whether the
evidence was sufficient to support his conviction; (2) whether the
trial court erred by ruling that Defendant's statement to the police
was admissible as evidence during his trial; (3) whether comments made
by the trial court during curative instructions to the jury
constituted impermissible expressions of bias toward Defendant,
effectively depriving him of his right to a fair trial; (4) whether
the trial court erred when it excluded evidence that a person, not
Defendant, had assaulted the victim on the day of his death, and when
it allowed an expert to testify concerning evidence which was not
revealed to Defendant during regular discovery; (5) whether the trial
court erred by failing to instruct the jury on the lesser- included
offenses of reckless homicide and criminally negligent homicide; and
(6) whether the sentence imposed by the trial court was excessive. 
After a thorough review of the record, we affirm the judgment of the
trial court.

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

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free!

For the Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank

© Copyright 2002 Tennessee Bar Association