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CORRECTION on Page 12, Line 11 of the Koch concurring/dissenting opinion: "the directions of" has been added before "any person who is an heir...".

Court: TSC


Robert D. MacPherson and Elizabeth Lee Luongo Youmans, Lebanon, Tennessee, for the Plaintiff, Linda F. Seals.

Alisha M. Toll, Benjamin James Miller, and Dianne M. Schwartz, Nashville, Tennessee, for the Defendant, H & F, Inc.; and James Randolph Tomkins, Nashville, Tennessee, for the Defendant, Sellars Cremation Service, Inc.

Judge: WADE

The defendants, a funeral home and a crematory operator, arranged for and conducted a cremation at the joint request of the decedent's fiance' and his fourteen-year-old son. The decedent's mother, who claims the entitlement to have directed the disposal of his body, filed suit in the United States District Court for the Middle District of Tennessee contending wrongful cremation and seeking damages under a variety of theories in tort. Three certified questions of state law have been presented to this Court for consideration. Our responses are as follows: (1) where decedent did not make a pre-mortem election for the method of disposal of his remains, a parent has a right of control superior to that of a fiancée or minor child; (2) while a minor may be an "heir" under the safe harbor provisions for crematory operators under our statute, reliance on the instructions of a minor may qualify as so reckless as to subject the operator to liability; and (3) a funeral home that merely makes arrangements for a cremation and contracts for another party to perform the cremation is not the operator of a crematory facility for purposes of the statutory safe harbor.

KOCH concurring in part and dissenting in part (Corrected)


Court: TCA


Robert L. Moore and Dawn Davis Carson, Memphis, Tennessee, for the appellants, James K. Patterson, M.D. and Rushton E. Patterson, Jr., M.D.

William L. Bomar, Memphis, Tennessee, for the appellee, Methodist Healthcare-Memphis, Hospitals.


The plaintiffs/appellants, two doctors, filed suit after they were deemed to have voluntarily relinquished their medical staff privileges at Methodist Healthcare-Memphis Hospitals for failure to maintain compulsory insurance coverage. The doctors' complaint and amended complaint alleged breach of contract, intentional interference with business relationships, common law retaliatory discharge, and violation of federal and state whistleblower statutes. In separate orders, the trial court dismissed the doctors' whistleblower and retaliatory discharge claims. The court later granted summary judgment in favor of the defendant on the remaining claims. We affirm.


Court: TCA


Brent R. Watson and Suzanne N. Price, Knoxville, Tennessee, for Appellant, Craig Pierrepont Strange.

Lauren G. Strange-Boston, Knoxville, Tennessee, for Appellee, Lynette Linton Strange.


This appeal involves a wife's effort to set aside or modify a final judgment of divorce after learning that the husband had concealed the receipt of pension benefits prior to wife signing the marital dissolution agreement. The trial court granted the wife's Rule 60 motion and the trial court awarded her attorney fees and interest. We affirm the judgment of the trial court.


Court: TCCA


Brian Hunt (on appeal), Clinton, Tennessee; Mark Stephens, District Public Defender; and Christy Murray and Jessica Greene (at trial), Assistant Public Defenders, attorneys for appellant, Cory Shane Rollins.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; Randall E. Nichols, District Attorney General; and Philip Morton, Assistant District Attorney General, attorneys for appellee, State of Tennessee.


The Defendant, Cory Shane Rollins, was convicted by a Knox County Criminal Court jury of aggravated robbery, a Class B felony; evading arrest, a Class D felony; and driving under the influence (DUI), a Class A misdemeanor. Following a sentencing hearing, the trial court sentenced the Defendant as a career offender to consecutive sentences of thirty years and twelve years for the aggravated robbery and evading arrest convictions, respectively. A concurrent sentence of eleven months and twenty-nine days was imposed for the DUI. In this appeal as of right, the Defendant argues that: (1) the trial court erred in denying his motion to suppress identification testimony based upon an inherently suggestive pretrial showup; (2) the trial court erred in denying his motion to suppress his statement where the waiver of rights was not voluntarily, knowingly, and intelligently given; (3) the evidence was insufficient to support his conviction for the aggravated robbery; (4) the trial court erred in denying his pretrial motion to exclude references to his drug use contained within his statement; (5) the trial court erred in denying his pretrial motion to exclude testimony regarding destroyed evidence; (6) the trial court erred in overruling his objection to witness testimony that the Defendant was "in the projects" on the night of the offense; (7) the trial court erred in denying his motion to allow him to display the tattoos on his arms to the jury to rebut the victim's identification testimony; (8) the trial court erred in denying his requested jury instruction regarding an alleged violation of the rule of sequestration; and (9) the trial court erred in sentencing him as a career offender for the aggravated robbery conviction and in imposing consecutive sentences for the aggravated robbery and evading arrest convictions. After reviewing the record, we affirm the judgments of the trial court.

Constitutionality of Restriction on Fund-Raising Activities of Incumbent Legislators

TN Attorney General Opinions

Date: 2010-02-02

Opinion Number: 10-11

Ability of Municipalities to Charge a Fee for Building Permits for Agricultural Land

TN Attorney General Opinions

Date: 2010-02-02

Opinion Number: 10-12


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