MATTIE P. PATTERSON, Surviving Spouse of LARRY PATTERSON, Deceased v.
MUHAMMAD ARIF
Court:TCA
Attorneys:
William T. Winchester, Memphis, Tennessee, for the appellant, Mattie
P. Patterson.
Jerry O. Potter and Katherine M. Anderson, Memphis, Tennessee, for the
appellee, Muhammad Arif, M.D.
Judge: FARMER
First Paragraph:
The trial court awarded summary judgment to Defendant physician and
dismissed Plaintiff's action upon finding it was one for medical
malpractice and that Plaintiff had failed to offer competent expert
proof of negligence as required by Tennessee Code Annotated S
29-26-115. Plaintiff appeals, asserting the trial court erred in
determining the action was not one for ordinary negligence and that
the alleged negligence of Defendant was not within the common
knowledge exception. We affirm.
http://www.tba.org/tba_files/TCA/pattersomattiep.wpd
SHAWN RUNIONS v. BILL EMERSON, ET AL.
Court:TCA
Attorneys:
Charles W. Cagle of Nashville for Appellant, Bells City Schools
Marcella G. Fletcher of Jackson for Appellee, Shawn Runions
Judge: CRAWFORD
First Paragraph:
Tenured elementary school teacher appeals her termination for alleged
incompetence, inefficiency, insubordination, neglect of duty, and
compromising the integrity of the Tennessee Comprehensive Assessment
Program (TCAP) test. The Chancery Court reversed the termination,
finding that the school board's decision to terminate teacher was
arbitrary and capricious and based on no material evidence. Concluding
that the Chancery Court did not err in reversing the termination, we
affirm the judgment of the chancery court
http://www.tba.org/tba_files/TCA/runionsshawn.wpd
JERRY D. CARNEY V. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Cynthia F. Burnes, Nashville, Tennessee, for the appellant, Jerry D.
Carney.
Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Roger D. Moore, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: SMITH
First Paragraph:
On November 19, 1998, the petitioner was convicted by a jury of first
degree murder. He was sentenced to life in prison with the
possibility of parole. The petitioner appealed to this Court, and we
affirmed the judgment of the trial court. State v. Jerry D. Carney,
M1999-01139-CCA-R3-CD, 2000 WL 1335770, at *1-2 (Tenn. Crim. App. at
Nashville, Sept. 15, 2000) perm. to appeal denied (Tenn. 2001). The
petitioner then filed a petition for post-conviction relief. The
post-conviction court denied this petition. The petitioner appeals
the post-conviction court's decision. We affirm the decision of the
post-conviction court.
http://www.tba.org/tba_files/TCCA/carneyjerryd.wpd
STATE OF TENNESSEE v. JAMES KENNETH CARROLL
Court:TCCA
Attorneys:
Spence R. Bruner, Kingston, Tennessee, for the appellant, James
Kenneth Carroll.
Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; J. Scott McCluen, District Attorney
General; and D. Roger Delp, Assistant District Attorney, for the
appellee, State of Tennessee.
Judge: OGLE
First Paragraph:
The appellant, James Kenneth Carroll, was convicted in the Roane
County Criminal Court of driving under the influence (DUI), child
endangerment, and a violation of the implied consent law. The trial
court imposed consecutive sentences of eleven months and twenty-nine
days in the Roane County Jail for the DUI and child endangerment
convictions. For his violation of the implied consent law, the
appellant's license was suspended for one year. On appeal, the
appellant challenges the trial court's actions as thirteenth juror.
Upon our review of the record and the parties' briefs, we affirm the
judgments of the trial court.
http://www.tba.org/tba_files/TCCA/carrolljamesk.wpd
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