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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