Opinion FlashJuly 15, 2003Volume 9 — Number 125 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 PAULA YORK and BRIAN YORK, Appellants, SEVIER COUNTY Vs. SEVIER COUNTY AMBULANCE AUTHORITY, ET AL., and BLUE CROSS AND BLUE SHIELD OF TENNESSEE, CORRECTION Court:TSC Attorneys: For the Appellants: Richard T. Wallace, WALLACE & JONES, Sevierville, Tennessee Stephen J. Cox, REISCHLING & AULT, Knoxville, Tennessee For Appellee, Blue Cross and Blue Shield of Tennessee: Daniel M. Gass, O'NEIL, PARKER & WILLIAMSON, Knoxville, Tennessee Judge: VANCE First Paragraph: We granted this appeal to decide whether an insured must receive full compensation for losses, i.e., be "made whole," before an insurer may receive reimbursement for medical expenses paid on behalf of the insured. http://www.tba.org/tba_files/TSC/yorkpaula.wpd SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0714.wpd RANDY CARROLL v. STATE OF TENNESSEE Court:TCCA Attorneys: Travis Hawkins, Nashville, Tennessee, for the appellant, Randy Carroll. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Jeffrey L. Long, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The petitioner appeals the denial of his petition for post-conviction relief from his convictions for six counts of sexual battery and one count of aggravated sexual battery, arguing that the post- conviction court erred in finding he received the effective assistance of counsel and in failing to address as plain error the trial court's erroneous jury instructions on aggravated sexual battery. Following our review, we affirm the post-conviction court's denial of the petition for post- conviction relief. http://www.tba.org/tba_files/TCCA/carrollrandy.wpd STATE OF TENNESSEE v. EUEL FRANKLIN LOCKHART Court:TCCA Attorneys: Terry J. Leonard, Camden, Tennessee, for the appellant, Euel Franklin Lockhart. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General; Eleanor Cahill, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Euel Franklin Lockhart, pled guilty to possession of less than .5 grams of methamphetamine with the intent to distribute, a Class C felony. See Tenn. Code Ann. S 39-17-417. Pursuant to Tennessee Rule of Criminal Procedure 37, the defendant reserved as a certified question of law the issue of whether the trial court erred by denying his motion to suppress. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/lockhart.wpd STATE OF TENNESSEE v. WILLIAM BRIAN ROBINSON
Court:TCCA
Attorneys:
Gregory D. Smith (on appeal), Clarksville, Tennessee; and Robert J.
Turner (at trial), Nashville, Tennessee, for the appellant, William
Brian Robinson.
Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; Katrin N. Miller and Angelita Dalton, Assistant District
Attorneys General, for the appellee, State of Tennessee.
Judge: WEDEMEYER
First Paragraph:
The Davidson County Grand Jury indicted the Defendant for first degree
premeditated murder. A Davidson County jury found the Defendant
guilty as charged, and the trial court sentenced him to life
imprisonment. The Defendant now appeals, claiming that the evidence
was insufficient as a matter of law to sustain the verdict, and in
particular, that the evidence was insufficient to prove premeditation.
Finding no error, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/robinsonwb.wpd
STATE OF TENNESSEE v. ANTONIO T. SEAY Court:TCCA Attorneys: Harry A. Christensen, Lebanon, Tennessee, for the appellant, Antonio T. Seay. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and David E. Durham, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Antonio T. Seay, pled guilty in the Wilson County Criminal Court to possession of a weapon by a convicted felon, a Class E felony, and the trial court sentenced him as a Range I, standard offender to one year in the Department of Correction. He appeals upon certified questions of law from the trial court's denial of his motion to suppress evidence that was seized pursuant to a stop and frisk. See T.R.A.P. 3(b); Tenn. R. Crim. P. 37(b). He claims that the trial court should have granted his motion because (1) a federal district court had granted his motion to suppress in an earlier federal proceeding and (2) the police lacked reasonable suspicion to stop him. We hold that the trial court was not bound by the federal district court's ruling and affirm the trial court's denial of the motion to suppress. http://www.tba.org/tba_files/TCCA/seayantoniot.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 |
|
© Copyright 2003 Tennessee Bar Association
|