Opinion FlashApril 6, 2004Volume 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):
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 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 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 2004 Tennessee Bar Association
|