Opinion Flash

January 30, 2003
Volume 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):
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


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

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