Opinion Flash

April 8, 2003
Volume 9 — Number 062

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
00	New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03	New Opinion(s) from the Tennessee Court of Appeals
03	New Opinion(s) from the Tennessee Court of Criminal Appeals
07	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

JAMES CARROLL, et al. v. STATE OF TENNESSEE

Court:TCA

Attorneys:

Thomas McAlexander, Assistant General Counsel, for the State of
Tennessee.

Philip E. Mischke and Scott B. Ostrow, Memphis, Tennessee, for the
appellees, James Carroll and Forestine Carroll, for the Use and
Benefit of the Estate of Jessica Carroll, a minor deceased.

Judge: FARMER

First Paragraph:

This case involves an appeal from a decision of the Claims Commission
that resident physicians, as employees of the State, were negligent in
the care and treatment of Jessica Carroll, and that such negligence
was the proximate cause of her death.  The Commissioner assessed
fifty-one percent fault against the residents resulting in a judgment
against the State of $255,000.00.  We affirm.

http://www.tba.org/tba_files/TCA/carroll2.wpd
								
								
DORIS DENNIS v. WHITE WAY CLEANERS, L.P., et al.

Court:TCA

Judge: CANTRELL

OPINION DENYING PETITION FOR REHEARING

http://www.tba.org/tba_files/TCA/dennisd_reh.wpd
								
								
BYRD D. EARTHMAN v. BECKY (EARTHMAN) McRAE

Court:TCA

Attorneys:

Charles A. Sevier, Memphis, Tennessee, for appellant, Becky (Earthman)
McRae.

Mark L. Hayes, W. Lewis Jenkins, Jr., Dyersburg, Tennessee, for
appellee, Byrd D. Earthman

Judge: LILLARD

First Paragraph:

This is a child support case involving the allocation of private
school tuition.  In the parties' divorce, the father was granted sole
custody of their three minor children.  At the time of the divorce,
the mother worked part time and, upon agreement of the parties, did
not pay child support.  The mother began working full time and so
began paying child support.  The father earns substantially more
income than the mother.  The father decided to send the parties'
oldest child to boarding school.  The mother objected to assisting in
paying for the child's tuition.  The trial court determined that the
mother should pay a portion of the tuition in addition to child
support.  The mother appeals. The mother argues that the trial court
erroneously considered her new spouse's income, and erred in requiring
her to pay a portion of the tuition in addition to child support.  We
affirm.

http://www.tba.org/tba_files/TCA/earthm.wpd
								
								
STATE OF TENNESSEE v. ABRON A. COLEMAN

Court:TCCA

Attorneys:

Karen Massey, Memphis, Tennessee (at trial) and Tony N. Brayton,
Memphis, Tennessee (on appeal), for the Appellant, Abron A. Coleman.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Jim Lammey, Assistant District Attorney General, for the
Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

Aggrieved that his Shelby County jury conviction of aggravated robbery
is not supported by sufficient evidence,  Abron A. Coleman,  the
defendant, appeals.  Because we conclude that the evidence is
sufficient, we affirm the conviction.

http://www.tba.org/tba_files/TCCA/colemanp.wpd
								
								
DERWIN THOMAS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

C. Anne Tipton, Memphis, Tennessee, for the Appellant, Derwin Thomas.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Jerry Kitchen, Assistant District Attorney General, for
the Appellee, State of Tennessee.                        

Judge: WITT

First Paragraph:

Through his post-conviction petition, Derwin Thomas challenges his
1998 Shelby County Criminal Court convictions of especially aggravated
robbery, two counts of especially aggravated kidnapping, and two
counts of first-degree murder.  Following an evidentiary hearing, the
lower court dismissed the petition, which had alleged ineffective
assistance of trial counsel and the denial of a speedy trial.  The
petitioner appeals.  Discerning that the record supports the lower
court's findings and conclusions, we affirm the denial of
post-conviction relief.

http://www.tba.org/tba_files/TCCA/thomasd2.wpd
								
								
STATE OF TENNESSEE v. PAUL ANTHONY WRIGHT

Court:TCCA

Attorneys:

Charles S. Kelly, Sr., Dyersburg, Tennessee, for the appellant, Paul
Anthony Wright.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Thomas A. Thomas, District Attorney
General; and James T. Cannon, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant, Paul Anthony Wright, pled guilty in the Obion County
Circuit Court to manufacturing methamphetamine, a Class C felony, and
was sentenced as a Range I, standard offender to three years, with
ninety days to be served in the county jail and the remainder in a
community corrections program.  As a condition of his guilty plea, the
defendant sought to reserve as a certified question of law whether the
trial court erred in finding there was probable cause to issue a
search warrant for his property.  On appeal, the defendant argues that
he properly certified the question for appeal whether the trial court
erred in concluding that the search warrant sufficiently established
probable cause for the search of his premises.  We agree with the
defendant that the certified question is properly before this court
and agree with the State that the trial court properly determined that
the search warrant was adequate.  Accordingly, we affirm the order of
the trial court.

http://www.tba.org/tba_files/TCCA/wrightp.wpd
								
								
Senate Bill 1332/House Bill 977 - Governmental Tort Liability Act -
Constitutionality

Date: April 1, 2003

Opinion Number: 03-033                         

http://www.tba.org/tba_files/AG/2003/OP33.pdf
								
								
Conflicts of Interest: Claims Commissioner and State Senator Leasing
Property to State for Use as Claims Commissioner's Office 

Date: April 1, 2003

Opinion Number: 03-034                         

http://www.tba.org/tba_files/AG/2003/OP34.pdf
								
								
Authority of TRICOR (Tennessee Rehabilitative Initiative in
Correction) under Tenn. Code Ann. S 41-22-407(d) to establish
recruiting, hiring, and salary policies.

Date: April 1, 2003

Opinion Number: 03-035                         

http://www.tba.org/tba_files/AG/2003/OP35.pdf
								
								
Allocation of Net Proceeds of Lottery Revenues

Date: April 2, 2003

Opinion Number: 03-036                       

http://www.tba.org/tba_files/AG/2003/OP36.pdf
								
								
Abolishing the Memphis City School Board

Date: April 2, 2003

Opinion Number: 03-037                        

http://www.tba.org/tba_files/AG/2003/OP37.pdf
								
								
Memphis City School Board

Date: April 2, 2003

Opinion Number: 03-038                         

http://www.tba.org/tba_files/AG/2003/OP38.pdf
								
								
Railroad Grade Crossings: Obedience to Signal Indicating Approach of
Train

Date: April 3, 2003

Opinion Number: 03-039                        

http://www.tba.org/tba_files/AG/2003/OP39.pdf

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