Opinion FlashAugust 12, 2002
Volume 8 Number 139
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.This Issue (IN THIS ORDER):
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Howard H. Vogel
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0812.wpd
CHARLES W. SALSMAN and CHARLES M. DUKE, JR. v. TEXCOR INDUSTRIES, INC., IRBY C. SIMPKINS, JR., WESLEY G. GRACE, JAMES A MASSEY, and BROWNLEE O. CURREY, JR. Court:TCA Attorneys: John S. Golwen and Ashley S. Old, Memphis, Tennessee for the Appellants, Charles W. Salsman and Charles M. Duke, Jr. Steven C. Douse, Nashville, Tennessee and Lee S. Saunders, Somerville, Tennessee for the Appellees, Texcor Industries, Inc., Irby C. Simpkins, Jr., Wesley G. Grace, James A. Massey, and Brownlee O. Currey, Jr. Judge: LILLARD First Paragraph: This appeal arises out of a petition filed in Tennessee to enroll a Texas judgment. In this case, the plaintiffs filed a petition to enroll the foreign judgment. While this was pending, the defendants filed a motion for leave to amend their answer to assert a counterclaim. Three days later, before the trial court had ruled on the motion to amend, the plaintiffs filed a notice of voluntary dismissal, including a proposed order stating that no counterclaim had been pled. The trial court entered the proposed order. Subsequently, in response to the defendants' motion, the trial court vacated its earlier order of dismissal and granted the defendants' motion to amend to assert the counterclaim. In this interlocutory appeal, we affirm, holding under Rule 41.01(1) of the Tennessee Rules of Civil Procedure that the proposed counterclaim attached to the motion to amend is considered a "pleaded" counterclaim, thereby permitting the defendants to elect to proceed on the counterclaim despite the plaintiffs' notice of voluntary dismissal. http://www.tba.org/tba_files/TCA/salsmanc.wpd
STATE OF TENNESSEE v. JAMES STACEY CARROLL Court:TCCA Attorneys: Benjamin S. Dempsey, Huntington, Tennessee, for the Appellant, James Stacey Carroll. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; John H. Bledsoe, Assistant Attorney General; G. Robert Radford, District Attorney General; and Eleanor Cahill, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, James Stacey Carroll, was convicted by a Carroll County jury of the following offenses: (1) violation of the Motor Vehicle Habitual Offenders Act; (2) driving under the influence of an intoxicant, sixth offense; and (3) driving on a revoked license. The trial court sentenced Carroll, as a multiple offender, to four years in the Department of Correction for the habitual offender conviction and to eleven months, twenty-nine days for the DUI conviction. On appeal, Carroll raises the following issues for our review: (1) whether the evidence presented at trial was sufficient to support Carroll's convictions for driving while a motor vehicle habitual offender and for driving under the influence of an intoxicant; (2) whether the statutory provisions of Tennessee Code Annotated SS 55-10-613, -615, -616 of the Motor Vehicle Habitual Offenders Act are unconstitutional; (3) whether the trial court erred by admitting the results of Carroll's blood alcohol test into evidence; (4) whether the trial court erred by allowing Deputy Verner to testify about Carroll's verbal consent to a blood alcohol test; and (5) whether the trial court's scheduling order violated Carroll's procedural and substantive due process rights. After review, we find no error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/carollj.wpd
RUSSELL EPPERSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Danny R. Ellis, Jackson, Tennessee, for the appellant, Russell Epperson. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; James G. Woodall, District Attorney General; and Alfred L. Earls, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The petitioner appeals the denial of his petition for post-conviction relief from his convictions for facilitation of aggravated rape, facilitation of especially aggravated kidnapping, facilitation of especially aggravated robbery, and aggravated burglary, raising three claims: (1) that he was denied the effective assistance of trial counsel; (2) that his guilty plea was involuntary; and (3) that the indictment was fatally defective. We affirm the post-conviction court's denial of the petition. http://www.tba.org/tba_files/TCCA/eppersonr.wpd
STATE OF TENNESSEE v. LUIS ANTHONY RAMON WITH DISSENTING OPINION Court:TCCA Attorneys: W. Jeffery Fagan, Assistant District Public Defender, Camden, Tennessee, for the Appellant, Luis Anthony Ramon. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; G. Robert Radford, District Attorney General; and Steven L. Garrett, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Henry County Grand Jury indicted the fifteen-year-old Defendant for first degree murder. The Defendant was tried as an adult and convicted of the charged offense. The trial court sentenced the Defendant to life imprisonment. The Defendant now appeals, arguing that his insanity defense was established by clear and convincing evidence. After a thorough review of the record, we reverse the judgment of conviction, modify the judgment to "Not Guilty by Reason of Insanity," and remand for further proceedings pursuant to Tennessee Code Annotated S 33-7-303. http://www.tba.org/tba_files/TCCA/ramonla_opn.wpd DISSENTING OPINION http://www.tba.org/tba_files/TCCA/ramonla_dis.wpd
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