This is an action for damages arising from a motor vehicle accident in which a five-year-old child was struck after she ran into a roadway and in front of the Defendant/Driver?s truck in a residential neighborhood in Clarksville. The trial court granted Defendant/Driver?s motion for summary judgment upon determining that Defendant did not breach the duty of care as a matter of law. We reverse and remand for further proceedings.

Initially, no words adequately describe the horrible nature of this murder. Nevertheless, I concur with the majority that a new sentencing hearing is warranted based upon the ineffective assistance of counsel at the penalty stage of the trial. Moreover, I believe that the deficiency in counsel’s performance was such that an entirely new trial should be granted. In that regard, I dissent.

Appellant, Reese L. Smith, was convicted of aggravated perjury, and the trial court sentenced him to six years and one month, suspended to eight years of supervised probation. On appeal, appellant challenges his conviction. Following our review of the parties? briefs, the record, and the applicable law, we affirm the judgment of the trial court.

This accelerated interlocutory appeal results from the trial court‘s denial of Appellant‘s motion for recusal. Having reviewed the trial court‘s ruling on the motion for recusal pursuant to the de novo standard of review required under Tennessee Supreme Court Rule 10B, we affirm.

A hospital instituted a review of an orthopaedic surgeon’s removal of spinal hardware from patients within one year of implantation; the review resulted in a peer review proceeding under the hospital’s bylaws and the eventual revocation of the doctor’s surgical privileges. The doctor filed suit for breach of contract, defamation, common law and statutory disparagement, and intentional interference with business relationships, arising out of the revocation of his surgical privileges.

Petitioner, James Todd, filed a petition for post-conviction relief, alleging that his trial counsel provided ineffective assistance by inadequately presenting a motion to suppress to the trial court. Because trial counsel’s performance was not deficient, the post-conviction court’s denial of the petition is affirmed.

Defendant, Fredrick Thomas, was indicted by the Shelby County Grand Jury with first degree murder and employing a firearm during the commission of a felony after the shooting death of his wife and his unsuccessful attempt at suicide. After a jury trial, Defendant was found guilty of first degree murder. The trial court dismissed the remaining count. Defendant was sentenced to life imprisonment. On appeal, Defendant challenges the sufficiency of the evidence and the trial court?s refusal to allow expert testimony on premeditation, deliberation, passion, and provocation.

Petitioner, Bobby Glen Crocker, filed a petition for post-conviction relief, which was dismissed by the post-conviction court as being barred by the statute of limitations. He appeals the post-conviction court?s finding that the statute of limitations should not be tolled due to Petitioner?s mental incompetency. Following a careful review of the record, we affirm the decision of the post-conviction court.

Doctor filed this lawsuit against a former patient, alleging malicious prosecution, tortious interference, defamation, and intentional infliction of emotional distress. After the patient refused to respond to discovery, the trial court eventually entered an order striking the patient‘s answer and entering a default judgment against the patient. The trial court later awarded the doctor nominal damages and a permanent injunction. Affirmed.