Opinion FlashSeptember 24, 2004Volume 10 — Number 185 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 ANNA MAE PUCKETT, DECEASED, B/N/F ANTHONY PUCKETT v. LIFE CARE OF AMERICA, d/b/a LIFE CARE OF MORRISTOWN Court:TCA Attorneys: Douglas C. Weinstein, Knoxville, Tennessee, for the Appellant, Anthony Puckett. Clarence Risin, Knoxville, Tennessee, for the Appellee, Life Care of America d/b/a Life Care of Morristown. Judge: LEE First Paragraph: This is a wrongful death action against a nursing home which was filed one year from the date of the patient's death. The Defendant nursing home filed a Tennessee Rule of Civil Procedure 12.02(6) motion requesting the Court to dismiss Plaintiff's claim for injuries suffered by Plaintiff, prior to her death on or about October 18, 2000, as same was barred by the one-year statute of limitations, Tenn. Code Ann.S28-3-104(a)(1). The Plaintiff responded by affidavit that suit was filed within one year of the discovery of the injury. The trial court granted the Defendant's motion to dismiss. On appeal, Plaintiff argued that the discovery rule applies, that the complaint was timely filed and that the trial court erred in granting the dismissal of Plaintiff's claims. We agree, vacate the dismissal and remand for further proceedings. http://www.tba.org/tba_files/TCA/puckettannam.wpd STATE OF TENNESSEE v. FRANKIE E. CASTEEL Court:TCCA Attorneys: John C. Cavett, Jr., Chattanooga, Tennessee, for the appellant, Frankie E. Casteel. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William H. Cox, III, District Attorney General; C. Leland Davis, Assistant District Attorney, and Rodney C. Strong, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WOODALL First Paragraph: Defendant was indicted on three counts of first degree murder, and a jury found Defendant guilty on all counts. On appeal, this Court reversed Defendant's convictions and remanded for a new trial because of the inappropriate admission of certain evidence and the prosecutor's reliance on the inadmissable evidence during closing argument. State v. Frankie E. Casteel, No. E1999-00076- CCA-R3-CD, 2001 WL 329538 (Tenn. Crim. App., Knoxville, April 5), perm. to appeal denied (Tenn. 2001). At the conclusion of the second trial, the jury again found Defendant guilty of three counts of first degree murder. On appeal, Defendant argues that (1) the Hamilton County District Attorney's Office should have been disqualified from prosecuting Defendant in this case; (2) the evidence is insufficient to support Defendant's convictions; (3) the trial court erred in allowing certain testimony; and (4) the trial court erred in admitting Defendant's adopted admission through Marie Hill's testimony. Following a thorough review of the record in this matter, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/casteelfrankie.wpd GEORGE G. FAULKNER v. HOWARD CARLTON, WARDEN, and the STATE OF TENNESSEE Court:TCCA Attorneys: George G. Faulkner, pro se. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; J. Scott McCluen, District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, George G. Faulkner, appeals the order dismissing his petition for writ of habeas corpus. 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 petition fails to establish a cognizable claim for relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/faulknergeorge.wpd STATE OF TENNESSEE v. STANLEY CRAIG HUGHES Court:TCCA Attorneys: Charles M. Corn, District Public Defender; and A. Wayne Carter, Assistant Public Defender, for the appellant, Stanley Craig Hughes. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; Jerry N. Estes, District Attorney General; and Shari Tayloe, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Stanley Craig Hughes, was indicted for one count of second degree murder, one count of aggravated assault, two counts of reckless endangerment, and one count of unlawful possession of a weapon. The State entered a nolle prosequi on the unlawful possession of a weapon charge, and Defendant was tried on the other charges. Defendant's first trial ended in a mistrial. At the conclusion of Defendant's second trial, the jury found Defendant guilty of aggravated assault and not guilty of the charge of second degree murder and both counts of reckless endangerment. Following a sentencing hearing, the trial court sentenced Defendant to six years in the Tennessee Department of Correction. On appeal, Defendant argues that the evidence was insufficient to support his conviction for aggravated assault, and that the trial court improperly applied enhancement factors and failed to consider mitigating factors in determining the length of Defendant's sentence. After a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hughesstanleycraig.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 |
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