Opinion Flash

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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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
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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

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