Sweeney first candidate for Court of Appeals opening

Matthew Sweeney, a lawyer with Baker, Donelson, Bearman, Caldwell & Berkowitz in Nashville, is the first candidate to apply to fill the Middle Division Court of Appeals seat left open by the appointment of William Koch to the Supreme Court bench. Candidates have until July 16 to apply for consideration by the Judicial Selection Commission. Learn more or apply now.

http://www.tsc.state.tn.us.

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ASHTON SCOTT ADAMS v. HENDERSONVILLE HOSPITAL CORP., ET AL.
Correction to opinion originally filed on May 18, 2007


Court: TCA

Attorneys:

Randall L. Kinnard and Daniel L. Clayton, Nashville, Tennessee; Steven R. Walker, Memphis, Tennessee, for the appellant, Ashton Scott Adams.

Thomas A. Wiseman, III, and Margaret Moore, Nashville, Tennessee, for the appellees, Hendersonville Hospital Corporation, Hendersonville Hospital Corporation d/b/a Hendersonville Hospital, Hendersonville Hospital.

Judge: CAIN

Patient presented to hospital emergency department with complaints of high fever, body aches (specifically in her right knee and calf), vomiting, nausea, and diarrhea. Approximately four and a half hours later, patient was discharged from the emergency room with a diagnosis of flu and dehydration. The patient died three days later, and an autopsy revealed that the cause of death was septic shock, secondary to a bacterial infection. In the suit against the hospital and treating physician, Appellant submitted three suggested jury instructions to the trial court, all three of which were denied. Appellant appeals the trial court's denial of the three jury instructions, as well as a specific portion of the instructions given to the jury. The judgment of the trial court is reversed and the case remanded for a new trial.

http://www.tba2.org/tba_files/TCA/2007/adamsa_corr_062207.pdf


GEORGE T. HAYNIE, JR. v. RICKY BELL, Warden,

Court: TCCA

Attorneys:

Nicholas W. Utter, Nashville, Tennessee, for the appellant, George T. Haynie.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Brian Clay Johnson, Assistant District Attorney General, for the appellee, Ricky Bell, Warden, State of Tennessee.

Judge: WELLES

The Petitioner, George T. Haynie, Jr., appeals the denial of his petition for a writ of habeas corpus. The Petitioner, serving a sentence of nine years for two convictions for passing worthless checks, alleges that his judgments of conviction are void because (1) the affidavit in support of the arrest warrant failed to disclose that the Petitioner had made partial payment towards the debt, (2) the indictment failed to make any reference to written notice, (3) accepting partial payment from the Petitioner constituted an election to pursue the matter civilly, and (4) the State engaged in prosecutorial misconduct. After a review of the record and the applicable law, we affirm the judgment of the habeas corpus court.

http://www.tba2.org/tba_files/TCCA/2007/haynieg_062207.pdf


STATE OF TENNESSEE v. ANTHONY TYRONE ROBERTSON

Court: TCCA

Attorneys:

Edward DeWerff, Clarksville, Tennessee, for the appellant, Anthony Tyrone Robertson.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; John W. Carney, District Attorney General; and Arthur Bieber, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Anthony Tyrone Robertson, appeals from the order of the Montgomery County Circuit Court revoking his probation. In July of 2000, the Defendant pled guilty to sexual battery and received a six-year sentence as a Range III, persistent offender. The sentence was suspended following service of one year in the county jail, and the Defendant was placed on probation. On July 16, 2004, a warrant was issued, wherein it was alleged that the Defendant violated the conditions of his probation. The warrant was twice amended to include additional violations. After a hearing, the trial court concluded that the Defendant violated the conditions of his probationary sentence and ordered that his original six-year sentence to the Department of Correction be reinstated. On appeal, the Defendant argues that the trial court abused its discretion by revoking his probation and ordering that the remainder of his sentence be served in confinement. After a review of the record, the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2007/robertsona_062207.pdf


TODAY'S NEWS

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Legal News
Koch takes oath to join Supreme Court
Judge William C. Koch Jr. was sworn in as the fifth justice on the Tennessee Supreme Court during a ceremony today in the Old Supreme Court Chambers of the State Capitol. Koch had served on the Court of Appeals since 1984.
See scenes from the ceremony
Editorial says Koch a solid choice
A Knoxville News Sentinel editorial says Koch will be a strong addition to the court: "William Koch is widely regarded as an astute jurist who knows Tennessee history and will administer justice fairly and even-handedly from his new position on the state Supreme Court."
Read the full editorial
Legislators ask for pardon of death row inmate
Thirty-two state lawmakers have signed a letter asking Gov. Phil Bredesen to pardon death row inmate Paul House, whose guilt has been called into question by the U.S. Supreme Court.
Read more in the Tennessean
Court officials question police claims of night court delays
The Metro Police Department and the county court system appear to be at an impasse over how to resolve alleged delays in getting police officers in and out of night court in a timely manner.
Read about it in the City Paper
House OKs money to track down unsolved murders
The U.S. House of Representatives has passed a bill that would give the Justice Department more than $100 million for new prosecutors, FBI agents and other resources to revisit unsolved murders from the civil rights era, WMC-TV reports. The bill, which is also moving swiftly through the Senate, would authorize $10 million a year over the next decade to build on the Justice Department's recent successes in reopening racially motivated crimes that had sat cold for decades.

Councilman admits to bribes
Former Memphis City Councilman Rickey Peete walked into federal court Wednesday and admitted accepting $12,000 in bribes from an informant to vote for a zoning proposal before the City Council last year.
Read more about Peete's bribery case in the Commercial Appeal
Legislative News
Anit-crime bill praised by Tennessean editorial
A Tennessean editorial praises the new "Crooks with Guns" law that was part of an ambitious anti-crime agenda passed by the General Assembly this session. Along with setting tougher sentences for people who commit felonies while carrying guns, the bill provides $6 million for 32 new assistant district attorneys and 19 new assistant public defenders.
Read the full opinion piece
State to cover costs of rape victims' exams
Legislation passed this session will set up a fund to cover victims' out-of-pocket costs for rape exams. The fund payments would cost the state about $527,000 during the next fiscal year.
Read more in the Tennessean
Upcoming
Holder book offers memories
Sylvia Abraham Holder, the mother of Tennessee Supreme Court Justice Janice M. Holder, will be signing copies of her book, "Poetry & Memoirs," Thursday from 11 a.m. to 2 p.m. at the Little Tea Shop, 69 Monroe Ave. in Memphis.
Read about Holder's life and work
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