Opinion FlashOctober 01, 2003Volume 9 — Number 178 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 JUDY C. BURROUGHS, Individually and as Surviving Spouse and Personal Representative of the Estate of Harold L. Burroughs, Deceased v. ROBERT W. MAGEE, M.D. WITH OPINIONS CONCURRING AND DISSENTING IN PART Court:TSC Attorneys: J. Houston Gordon, Lyle Reid, and Jason G. Whitworth, Covington, Tennessee, for the Appellant, Judy C. Burroughs. Hubert B. Jones and Gary H. Nichols, Dyersburg, Tennessee, for the Appellee, Robert W. Magee, M.D. David L. Steed and Bryan K. Williams, Nashville, Tennessee, for the Amicus Curiae, Tennessee Medical Association. Judge: BARKER First Paragraph: This is an action for damages for personal injury and wrongful death resulting from an automobile accident in which the plaintiff was injured and her husband was killed. The plaintiff filed suit against the driver of the other vehicle. The plaintiff later amended her complaint to assert a claim against the other driver's physician, alleging that on the day before the accident the physician negligently prescribed two medications to his patient (the other driver), medications that can impair a person's ability to drive, and that the physician failed to warn his patient of the risks of driving while under the influence of the two drugs. The trial court granted the physician's motion for summary judgment on the ground that the physician owed no duty of care to the plaintiff and her husband. The Court of Appeals affirmed in part and reversed in part; the intermediate court held that the physician owed a duty to the plaintiff and her husband to warn his patient of the risks of driving while under the influence of the prescribed drugs, but the court held that the physician owed no duty to the plaintiff or her husband in deciding whether or not to prescribe the medications to his patient. We affirm the judgment of the Court of Appeals. http://www.tba.org/tba_files/TSC/burroughsjc_opn.wpd CONCURRING AND DISSENTING http://www.tba.org/tba_files/TSC/burroughsjc_cd.wpd CONCURRING AND DISSENTING http://www.tba.org/tba_files/TSC/burroughsjc_con.wpd STATE OF TENNESSEE v. GONZALO MORAN GARCIA WITH ORDER Court:TSC Attorneys: Richard M. McGee and James O. Martin, III, Nashville, Tennessee, for the appellant, Gonzalo Moran Garcia. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Daryl J. Brand, Associate Solicitor General; Victor S. Johnson, III, District Attorney General; and John Zimmerman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: BARKER First Paragraph: The defendant, Gonzalo M. Garcia, was convicted in the Criminal Court for Davidson County of possession of one thousand grams or more of methamphetamine with intent to deliver. We granted this appeal to determine whether the evidence obtained as a result of the stop should have been suppressed. After examining the facts and law relevant to the issues, we hold that the defendant's traffic stop was not based upon reasonable suspicion, in violation of the Fourth Amendment to the Federal Constitution and Article I, section 7 of the Tennessee Constitution. We also hold that the evidence in this case must be suppressed because the defendant's consent to search his vehicle was not sufficiently attenuated from his unlawful detention. http://www.tba.org/tba_files/TSC/garciagm_opn.wpd ORDER http://www.tba.org/tba_files/TSC/garciagm_ord.wpd IN RE: M.A., A.A., and J.V. Court:TCA Attorneys: Martha Brooke Perry, Ashland City, Tennessee, for the appellant, S.V. Paul G. Summers, Attorney General and Reporter; Pamela A. Hayden-Wood, Assistant Attorney General, for the appellee, State of Tennessee Department of Children's Services. Judge: COTTRELL First Paragraph: This appeal involves a petition filed by the Department of Children's Services to terminate the parental rights of Mother to her three minor children. The juvenile court granted the petition, and Mother appeals the decision, arguing there was not clear and convincing evidence to support termination. Because we find the petition was properly granted, we affirm the juvenile court. http://www.tba.org/tba_files/TCA/inremaaajv.wpd DANIEL B. TAYLOR v. DONAL CAMPBELL, ET AL. Court:TCA Attorneys: Daniel B. Taylor, Only, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Kimberly J. Dean, Deputy Attorney General, for the appellees, Donal Campbell, Commissioner, Tennessee Department of Correction, Williams Keeling, Roland Colson, Faye Cloud, Dinna Wilson, Wyema Helms, and Shirley Pluckett. Judge: KOCH First Paragraph: This appeal involves a dispute between a prisoner and the Department of Correction regarding the prisoner's sentence credits. After his request for a declaratory order was denied, the prisoner filed suit in the Chancery Court for Davidson County against the Commissioner of Correction and others seeking a declaration that the Department had miscalculated his sentence and had erroneously refused to classify him as a Range I especially mitigated offender. The trial court granted the Department's motion for summary judgment and dismissed the petition. We concur with the trial court's conclusion that the Department is entitled to a judgment as a matter of law and, accordingly, affirm the summary judgment. http://www.tba.org/tba_files/TCA/taylordb.wpd STATE OF TENNESSEE v. PATRICK J. GRAY Court:TCCA Attorneys: Randall A. York, Crossville, Tennessee, for the appellant, Patrick J. Gray. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William E. Gibson, District Attorney General; and Gary S. McKenzie, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Patrick J. Gray, pled guilty in the Cumberland County Criminal Court to vehicular homicide and was placed on judicial diversion. During his probationary period, the appellant violated the terms of his probation. Accordingly, the trial court revoked the appellant's probation and ordered him to serve a six-year sentence in the Tennessee Department of Correction. On appeal, the appellant complains that the trial court erred in its rulings during the probation revocation hearing. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/graypj.wpd JOE CLARK MITCHELL v. STATE OF TENNESSEE Court:TCCA Attorneys: Joe Clark Mitchell, Clifton, Tennessee, pro se, for the petitioner, Joe Clark Mitchell. Paul G. Summers, Attorney General and Reporter; Christine Lapps, Assistant Attorney General; and T. Michael Bottoms, District Attorney General; for the appellee, State of Tennessee. Judge: SMITH First Paragraph: Petitioner filed a petition for writ of habeas corpus alleging that the indictments against him were fatally defective and that this Court's reduction of one of his convictions for aggravated rape to rape violated the constitutional prohibition against double jeopardy. The trial court dismissed the petition without an evidentiary hearing. Following a review of the record in this matter, we affirm the order of the trial court's dismissing the petition for writ of habeas corpus. http://www.tba.org/tba_files/TCCA/mitchelljoe.wpd JAMES E. POLK v. STATE OF TENNESSEE Court:TCCA Attorneys: Hershell D. Koger, Pulaski, Tennessee, for the appellant, James E. Polk. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Brent C. Cherry, Assistant Attorney General; T. Michel Bottoms, District Attorney General; and Robert C. Sanders, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Maury County jury convicted the Petitioner of aggravated robbery, and the trial court sentenced him to twelve years in the Tennessee Department of Correction. On direct appeal, this Court affirmed the conviction, and the Tennessee Supreme Court denied the Defendant's application for permission to appeal. The Petitioner then sought post-conviction relief, alleging that he was denied due process and effective assistance of counsel. Following a hearing, the post-conviction court dismissed the petition, and this appeal ensued. We affirm the dismissal of the petition. http://www.tba.org/tba_files/TCCA/polkje.wpd STATE OF TENNESSEE v. HERSHEL DAVID STANDRIDGE Court:TCCA Attorneys: David Brady and John B. Nisbet, III, Cookeville, Tennessee (on appeal); and Joe L. Finley, Jr., Cookeville, Tennessee (on appeal and at trial), for the appellant, Hershel David Standridge. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; William Edward Gibson, District Attorney General; and John A. Moore, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: A jury in the White County Criminal Court found the appellant, Hershel David Standridge, guilty of theft of property valued under $500 and resisting arrest. The trial court imposed a total effective sentence of eleven months and twenty-nine days incarceration in the White County Jail but suspended service of the sentence and immediately placed the appellant on probation. Later, subsequent to his timely filing a notice of appeal, the appellant's probation was revoked. On appeal, the appellant raises issues concerning the sufficiency of the evidence, sentencing, and the jury instructions. Upon review of the record and the parties' briefs, we affirm in part and reverse in part the judgments of the trial court. http://www.tba.org/tba_files/TCCA/standridgehd.wpd STATE OF TENNESSEE v. JOHN WILLIE STONE Court:TCCA Attorneys: Donna Leigh Hargrove, District Public Defender; Andrew Jackson Dearing, III, Assistant Public Defender, for the appellant, John Willie Stone. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; William Michael McCown, District Attorney General; Michael D. Randles, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: SMITH First Paragraph: Following a jury trial in the Circuit Court of Bedford County, Defendant, John Willie Stone, was convicted of burglary of an automobile, a Class E felony, in violation of Tenn. Code Ann. S 39-14- 402(a)(4). On appeal, Defendant challenges the sufficiency of the evidence to support the conviction. After a careful review of the evidence, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/stonejohn.wpd STATE OF TENNESSEE v. VIDAL L. STRICKLAND Court:TCCA Attorneys: James Robin McKinney, Jr., Nashville, Tennessee, for the appellant, Vidal L. Strickland. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Sharon L. Brox and Philip H. Wehby, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant, Vidal L. Strickland, was convicted by a Davidson County Criminal Court jury of aggravated robbery, a Class B felony; attempted aggravated robbery, a Class C felony; and felony possession of a weapon, a Class E felony. He was sentenced as a Range I, standard offender by the trial court to ten years for the aggravated robbery conviction, four years for the attempted aggravated robbery conviction, and two years for the felony possession of a weapon conviction, with the robbery sentences ordered to be served consecutively, for an effective sentence of fourteen years in the Department of Correction. Following the denial of his motion for a new trial, the defendant filed a timely appeal to this court, arguing: (1) the evidence was insufficient to support his robbery convictions; (2) the trial court erred in denying his motion to suppress the results of the victims' pretrial identifications; (3) the trial court erred in ordering consecutive sentencing; and (4) the trial court erred in granting the State's motion in limine to suppress the defendant's statements to law enforcement officers. Following our review, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/stricklandvidall.wpd ANTONIO L. SWEATT, PRO SE v. STATE OF TENNESSEE Court:TCCA Attorneys: Antonio L. Sweatt, Pro Se, Wartburg, Tennessee, for the appellant. Michael E. Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Kathy Morante, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WOODALL First Paragraph: Appellant, Antonio L. Sweatt, appeals from the trial court's order dismissing Appellant's Petitions for Writ of Error Coram Nobis and for DNA analysis pursuant to the "Post-Conviction DNA Analysis Act of 2001," Tenn. Code Ann. SS 40-30-401 - 413. The trial court dismissed the petitions without an evidentiary hearing. Following a review of the entire record, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/sweattantoniol.wpd Issuance of Handgun Carry Permits to Persons Who Have Been Admitted to Hospitals or Other Institutions for Mental Evaluations but Subsequently Released Because Treatment was not Necessary Date: September 23, 2003 Opinion Number: 03-118 http://www.tba.org/tba_files/AG/2003/op118.pdf "Chief Executive Officer" under Tenn. Code Ann. S 7-52-107 Date: September 24, 2003 Opinion Number: 03-119 http://www.tba.org/tba_files/AG/2003/op119.pdf Sale of County Hospital Assets Date: September 24, 2003 Opinion Number: 03-120 http://www.tba.org/tba_files/AG/2003/op120.pdf Abolition of Office of Constable in Johnson, Sullivan, McNairy, Stewart, and Lauderdale Counties Date: September 24, 2003 Opinion Number: 03-121 http://www.tba.org/tba_files/AG/2003/op121.pdf Effect of 2003 Tenn. Pub. Acts Ch. 226: Functions of Juvenile Court Clerk Date: September 25, 2003 Opinion Number: 03-122 http://www.tba.org/tba_files/AG/2003/op122.pdf Amendment to In Lieu of Tax Payments Statute Date: September 25, 2003 Opinion Number: 03-123 http://www.tba.org/tba_files/AG/2003/op123.pdf 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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