Opinion Flash

September 24, 2004
Volume 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):
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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Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


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

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