July 9, 2001
Volume 7 — Number 124

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.

This Issue (IN THIS ORDER):
 
03 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 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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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

EDGAR FORREST DOYLE, et al. v. CHARLES FROST, M.D., et al. 
Court:TSC

Attorneys:

Richard J. Myers, Memphis, Tennessee, Attorney for the Appellants,
Edgar Forrest Doyle and Brenda Doyle.

Jerry D. Kizer, Jr. and Patrick W. Rogers, Jackson, Tennessee,
Attorneys for the Appellees, Jimmy Pratt, M.D., Bolivar General
Hospital, Inc., and West Tennessee Health Care, Inc.

Judge: BIRCH

First Paragraph:

In this appeal, the plaintiffs contest the trial court's overruling of
a motion to amend their complaint to add the Jackson-Madison General
Hospital District, a governmental entity, as a party defendant.  At
issue is the scope of Tenn. R. Civ. P. 15.03, which allows the filing
date of certain amendments to a pleading to "relate back" to the date
of the filing of the original pleading.  We are asked to determine
whether Rule 15.03 applies to governmental entities.  We conclude that
it does and, accordingly, reverse the judgment of the Court of Appeals.

http://www.tba.org/tba_files/TSC/doylee.wpd


STATE OF TENNESSEE v. PETER ALLEN ROSS Court:TSC Attorneys: Richard W. DeBerry, Assistant Public Defender, Camden, Tennessee, for the appellant, Peter Allen Ross. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Elizabeth T. Ryan, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee. Judge: BARKER First Paragraph: The appellant was convicted of possession of a controlled substance and drug paraphernalia with intent to sell after officers discovered 53.5 grams of cocaine in his motel room. Prior to trial, he challenged the search of his motel room under the federal and state Constitutions, but the trial court denied his motion to suppress, finding that he possessed no reasonable expectation of privacy in the room after he disclaimed ownership of the room key. Following his conviction, the appellant urged the trial court to consider as a mitigating factor that his conduct did not cause or threaten serious bodily injury, but the trial court disagreed and sentenced the appellant to serve the maximum term in the range. The Court of Criminal Appeals affirmed the convictions and the sentences, and we granted permission to appeal. Based on our review of the record and applicable legal authorities, we agree that the appellant relinquished his otherwise legitimate expectation of privacy in his motel room by disclaiming ownership of the key and by asserting that it belonged to another person. We also conclude that the evidence is sufficient to support the convictions on both charges. Finally, although the trial court should have considered the mitigating factor in Tennessee Code Annotated section 40-35-113(1), we conclude that the maximum sentence in the Range is nevertheless appropriate. The judgment of the Court of Criminal Appeals is affirmed. http://www.tba.org/tba_files/TSC/rosspeter_opn.wpd
BIRCH DISSENTING http://www.tba.org/tba_files/TSC/rosspeter_dis.wpd
WANDA CARY SCOTT v. ASHLAND HEALTHCARE CENTER, INC., et al. Court:TSC Attorneys: Steve R. Darnell, Clarksville, Tennessee, for the appellant, Wanda Cary Scott. Peter F. Klett and Robert Larry Estes, Nashville, Tennessee, for the appellees, Ashland Healthcare Center, Inc., Medical Holdings, Ltd., and Stephen W. Creekmore. Judge: HOLDER First Paragraph: We granted review of this case to determine whether the holder of a certificate of need may be held liable for the healthcare facility operator's tortious acts. We hold that the Tennessee statutes and rules governing certificates of need impliedly impose a non-delegable duty upon the certificate of need holder to initiate operation of the healthcare facility. We therefore reverse the judgment of the Court of Appeals, reverse the trial court's judgment, and remand this case to the trial court for further proceedings. http://www.tba.org/tba_files/TSC/scottwc.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS http://www.tba.org/tba_files/TSC_Rules/certlist_0709.wpd
STATE OF TENNESSEE v. MICHAEL O. JOHNSON Court:TCCA Attorneys: Theodora A. Pappas, Nashville, Tennessee, for the appellant, Michael O. Johnson. Paul G. Summers, Attorney General and Reporter; Mark E. Davidson, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Roger Moore, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: The defendant appeals from the trial court's denial of probation or some other form of alternative sentencing. After a review of the record, we affirm the trial court's judgment. http://www.tba.org/tba_files/TCCA/johnsonmo.wpd
STATE OF TENNESSEE v. GLENN T. TIDWELL Court:TCCA Attorneys: Paul G. Summers, Attorney General & Reporter; Marvin E. Clements, Jr., Assistant Attorney General; Victor S. Johnson, District Attorney General; James D. Sledge, Assistant District Attorney, for appellant, State of Tennessee. Paul Bennett Seusy, Nashville, Tennessee for appellee, Glenn T. Tidwell. Judge: SMITH First Paragraph: The State of Tennessee appeals from the trial court's dismissal of an indictment for DUI against the appellee, Glenn Tidwell. The trial court determined that the indictment should be dismissed because Tidwell's right to a speedy trial had been violated. After a review of the record, we find that the appellee's right to a speedy trial was violated by the delay in bringing him to trial. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/tidwellglenn.wpd
STATE OF TENNESSEE v. ROCKY LANE WILKERSON Court:TCCA Attorneys: Gregory D. Smith, Clarksville, Tennessee, for appellee, Rocky Lane Wilkerson. Paul G. Summers, Attorney General & Reporter; Elizabeth T. Ryan, Assistant Attorney General; John Carney, District Attorney General and Dent Morriss, Assistant District Attorney, for appellee, State of Tennessee. Judge: SMITH First Paragraph: On March 17, 2000, the defendant pled guilty to two counts of driving after having been declared a habitual traffic offender. At his May 5, 2000, sentencing hearing the transcript indicates that the trial court ordered him to serve two consecutive one-year sentences for these crimes as a Range I, standard offender. However, the judgments indicate that the defendant received consecutive two- year sentences. On June 5, 2000, the defendant filed his notice of appeal, and now asks this Court to modify the judgments to reflect the announced sentence. After reviewing the record and applicable caselaw, we find this issue to have merit and, thus, remand the matter for correction of the judgments. http://www.tba.org/tba_files/TCCA/wilkersonrocky.wpd

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