Opinion Flash

November 22, 2002
Volume 8 — Number 207

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

This Issue (IN THIS ORDER):
02 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
00 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


	STATE OF TENNESSEE v. KEITH GOODMAN

Court:TSC

Attorneys: 

J. Thomas Marshall, Jr., Office of the Public Defender, Clinton,
Tennessee, for the appellant, Keith Goodman

Paul G. Summers, Attorney General & Reporter; Michael E. Moore,
Solicitor General; Elizabeth B. Marney, Assistant Attorney General;
James N. Ramsey, District Attorney General; and Jan Hicks, Assistant
District Attorney General, for the appellee, State of Tennessee.                          

Judge: DROWOTA

First Paragraph:

The threshold issue presented in this appeal is whether the Court of
Criminal Appeals erred in holding that the defendant's motion to
dismiss was not capable of pretrial determination under Tennessee Rule
of Criminal Procedure 12(b) because it requires a determination of the
general issue of the defendant's guilt or innocence.  In our view, the
defendant's motion presents a legal question - the proper
interpretation of a statute - and does not require a determination of
the defendant's guilt or innocence.  Having decided the threshold
issue, we also are of the opinion that the trial court correctly
interpreted the statute when it held that a parent is not subject to
prosecution for especially aggravated kidnapping under Tennessee Code
Annotated section 39- 13-305(a)(2) when the indictment fails to allege
that the minor child was removed or confined by force, threat, or
fraud. Therefore, the judgment of the Court of Criminal Appeals is
reversed.  The judgment of the trial court granting the defendant's
pretrial motion to dismiss count one of the indictment is reinstated.

http://www.tba.org/tba_files/TSC/goodmank.wpd

JOHN HOUGHTON, ET AL. V. ARAMARK EDUCATIONAL RESOURCES, INC.

Court:TSC

Attorneys:     

F. Dulin Kelly and Andy L. Allman, Hendersonville, Tennessee, for the
petitioners, John Houghton, et al.

Carol P. Michel, Helen M. Donnelly, Atlanta, Georgia,  and Rebecca
Wells Demaree, Nashville, Tennessee, for the respondent, Aramark
Educational Resources, Inc.                     

Judge: BARKER

First Paragraph:

Pursuant to Tennessee Supreme Court Rule 23, we accepted certification
of a question of law from the United States District Court for the
Middle District of Tennessee concerning regulations issued by the
Tennessee Department of Human Services.  The certified question from
the district court asks us to determine whether the rationale of
statutorily imposed vicarious liability under Gleaves v. Checker Cab
Transit Corp., 15 S.W.3d 799 (Tenn. 2000), applies to rules governing
licensing and operation of day care centers in Tennessee.  For the
reasons given herein, we answer that our holding in Gleaves is
distinguishable from the present case, and the Tennessee regulations
governing day care centers do not, absent fault on the part of the
licensee, provide for vicarious liability for the injurious acts of an
employee occurring outside the scope of employment.

http://www.tba.org/tba_files/TSC/houghtonj.wpd

STATE OF TENNESSEE v. OLIVIA WILLIAMS

Court:TCCA

Attorneys:

Susanna L. Thomas, Newport, Tennessee, for the appellant, Olivia
Williams.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney
General; and Ronald C. Newcomb, Assistant District Attorney General,
for the appellee, State of Tennessee.                          

Judge: RILEY

First Paragraph:

The defendant pled guilty to one count of Class D felony theft over
$10,000, received an agreed three-year sentence, and agreed to allow
the trial court to determine the manner in which her sentence would be
served.  The trial court ordered the sentence to be served in
incarceration.  In this appeal, the defendant argues the trial court
erred in denying alternative sentencing.  We affirm the judgment of
the trial court.

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

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