Opinion Flash

April 6, 2004
Volume 10 — Number 066

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
01 New Opinion(s) from the Tennessee Court of Appeals
03 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


BRENDA J. SNEED v. THOMAS G. STOVALL, M.D., ET AL.

Court:TCA

Attorneys:                          

Robert L. Green and Bruce Kelley, Jr., Memphis, Tennessee, for the
Appellant, Brenda J. Sneed.

William H. Haltom, Jr., for the appellees, Thomas Stovall, M.D., and
University Physician Foundation d/b/a U.T. Medical Group, Inc.

William W. Dunlap and Tabitha F. McNabb, Memphis, Tennessee, for the
appellee, Guy Voeller, M.D.

Judge: FARMER

First Paragraph:

Plaintiff filed suit against Defendants alleging that Defendants
committed medical malpractice.  At the conclusion of the trial, the
jury returned a verdict in favor of Defendants.  Plaintiff appeals the
trial court's limiting Plaintiff's voir dire concerning his medical
expert, denial of Plaintiff's renewed motion in limine, refusal to
include proposed jury instructions, and refusal to strike a third
party opinion from the deposition of Plaintiff's expert.  We affirm
the decisions of the trial court.

http://www.tba.org/tba_files/TCA/sneedbrendaj.wpd

STATE OF TENNESSEE v. DAVID ROBERT COOK

Court:TCCA

Attorneys:                          

Michael W. Whitaker and Barney Witherington, Covington, Tennessee, for
the appellant, David Robert Cook.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; Tracey Brewer, Assistant District Attorney General; and Terry
Dycus, Assistant District Attorney General, for the appellee, the
State of Tennessee.

Judge: WOODALL

First Paragraph:

Defendant, David Robert Cook, was indicted for one count of second
degree murder, a Class A felony, and one count of attempted second
degree murder, a Class B felony.  Following a jury trial, the jury
found Defendant not guilty of the indicted offenses but guilty of one
count of voluntary manslaughter, a Class C felony, and one count of
reckless aggravated assault, a Class D felony. The trial court
sentenced Defendant as a Range I, standard offender, to three years
imprisonment for the voluntary manslaughter conviction and two years
imprisonment for the aggravated assault conviction.  The trial court
ordered Defendant's sentence for aggravated assault to run
concurrently with his sentence for voluntary manslaughter. On appeal,
Defendant argues that (1) the evidence was insufficient to support his
convictions; (2) the trial court erred in refusing to grant a mistrial
because of prosecutorial misconduct during closing argument; and (3)
the trial court erred in not sentencing Defendant as an especially
mitigated offender.  The trial court did not err by refusing to grant
a mistrial, the transcript of the sentencing hearing is not included
in the appellate record and sentencing issues are therefore waived,
and the evidence is sufficient to support Defendant's conviction for
voluntary manslaughter.  Although not raised on appeal, we further
conclude that the trial court committed plain error when it instructed
the jury that reckless aggravated assault was a lesser included
offense of attempted second degree murder.  Our supreme court has
explicitly held that reckless aggravated assault is not a lesser
included offense of attempted second degree murder.  State v. Rush, 50
S.W.3d 424, 431 (Tenn. 2001).  Accordingly, we are obligated to
reverse Defendant's conviction for reckless aggravated assault and
remand for proceedings consistent with this opinion.  We affirm
Defendant's conviction and sentence for voluntary manslaughter.

http://www.tba.org/tba_files/TCCA/cookdavidr.wpd

MICHAEL E. MILLS, PRO SE v. WARDEN GLENN TURNER

Court:TCCA

Attorneys:                          

Michael E. Mills, pro se.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe,
Assistant Attorney General, for the appellee, State of  Tennessee.

Judge: WILLIAMS

First Paragraph:

The Petitioner, Michael E. Mills, appeals the trial court's denial of
his petition for habeas corpus relief.  The State has filed a motion
requesting that this Court affirm the trial court's denial of relief
pursuant to Rule 20, Rules of the Court of Criminal Appeals.  The
Petitioner fails to assert a ground entitling him to habeas corpus
relief.  Accordingly, the State's motion is granted and the judgment
of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/millsmichaele.wpd

STATE OF TENNESSEE v. JOY LEIGH SANDIDGE

Court:TCCA

Attorneys:                          

Julie A. Rice, Contract Appellate Defender (on appeal); Stephen M.
Wallace, District Public Defender; and Joseph F. Harrison, Assistant
Public Defender (at trial), for the appellant, Joy Leigh Sandidge.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and B. Todd Martin and Rebecca H. Davenport, Assistant
District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant, Joy Leigh Sandidge, pled guilty to two counts of
vehicular assault and one count each of DUI, fourth offense, leaving
the scene of an accident involving injury, and failure to yield.  The
trial court imposed an effective sentence of two years, with the court
to make a determination as to alternative sentencing after the
defendant had served the mandatory 150 days in jail for her DUI,
fourth offense, conviction.  Subsequently, the trial court denied
alternative sentencing and ordered the defendant to serve the balance
of her sentence, and the defendant argues on appeal that the trial
court erred in this determination.  Following our review, we reverse
the judgments of the trial court and remand for the defendant to be
placed on probation for the remainder of her sentence.

http://www.tba.org/tba_files/TCCA/sandidgejoy.wpd

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