Opinion FlashJanuary 30, 2003Volume 9 — Number 017 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):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel JUDICIAL ETHICS COMMITTEE ADVISORY OPINION NO. 02-01 Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/ethics02-01.wpd SANDOR TURUCZ v. BETTY T. MADEWELL Court:TCA Attorneys: John M. Higgason, Jr., Chattanooga, Tennessee, for the appellant, Sandor Turucz. R. David Benner, Knoxville, Tennessee, for the appellee, Betty T. Madewell. Judge: SUSANO First Paragraph: Sandor Turucz sued Betty T. Madewell seeking to recover for personal injuries and property damage sustained by him in a two-vehicle accident in Hamilton County. The case was tried to a jury, who found both parties 50% at fault. The trial court entered its judgment decreeing that "the plaintiff shall have and recover nothing from the defendant." The plaintiff appeals, arguing that errors were made by the trial court in its charge to the jury and that the verdict of the jury is not supported by material evidence. We affirm. http://www.tba.org/tba_files/TCA/turuczs.wpd STATE OF TENNESSEE v. SCOTT L. HAYCRAFT Court:TCCA Attorneys: Leslie S. Hale, Blountville, Tennessee, for appellant, Scott L. Haycraft. Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; Greeley Wells, District Attorney General; and William B. Harper, III, Assistant District Attorney General, for appellee, State of Tennessee. Judge: SMITH First Paragraph: The defendant pled guilty to violating a habitual traffic offender order and to a second offense of driving under the influence of an intoxicant. Pursuant to his plea agreement the defendant received a sentence of three years as a multiple offender for violating the habitual traffic offender order and eleven months and twenty-nine days for the second offense of driving under the influence. The trial court ordered these sentences to run concurrently. At the conclusion of a subsequent sentencing hearing, the trial court denied the defendant's request for probation or any other form of alternative sentencing. Through the instant appeal the defendant challenges this denial. After reviewing the facts and relevant caselaw, we find the denial appropriate concerning the violation of the habitual traffic offender judgment and, therefore, affirm the trial court's determination in this regard. We also affirm the denial of alternative sentencing with respect to the defendant's second offense of driving under the influence. However, because of a conflict between the transcript of the sentencing hearing and the judgment, we remand this case for correction of the judgment. http://www.tba.org/tba_files/TCCA/haycraft.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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