Opinion FlashNovember 22, 2002
Volume 8 Number 207
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
STATE OF TENNESSEE v. KEITH GOODMAN Court:TSC Attorneys: J. Thomas Marshall, Jr., Office of the Public Defender, Clinton, Tennessee, for the appellant, Keith Goodman Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Elizabeth B. Marney, Assistant Attorney General; James N. Ramsey, District Attorney General; and Jan Hicks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: DROWOTA First Paragraph: The threshold issue presented in this appeal is whether the Court of Criminal Appeals erred in holding that the defendant's motion to dismiss was not capable of pretrial determination under Tennessee Rule of Criminal Procedure 12(b) because it requires a determination of the general issue of the defendant's guilt or innocence. In our view, the defendant's motion presents a legal question - the proper interpretation of a statute - and does not require a determination of the defendant's guilt or innocence. Having decided the threshold issue, we also are of the opinion that the trial court correctly interpreted the statute when it held that a parent is not subject to prosecution for especially aggravated kidnapping under Tennessee Code Annotated section 39- 13-305(a)(2) when the indictment fails to allege that the minor child was removed or confined by force, threat, or fraud. Therefore, the judgment of the Court of Criminal Appeals is reversed. The judgment of the trial court granting the defendant's pretrial motion to dismiss count one of the indictment is reinstated. http://www.tba.org/tba_files/TSC/goodmank.wpd
JOHN HOUGHTON, ET AL. V. ARAMARK EDUCATIONAL RESOURCES, INC. Court:TSC Attorneys: F. Dulin Kelly and Andy L. Allman, Hendersonville, Tennessee, for the petitioners, John Houghton, et al. Carol P. Michel, Helen M. Donnelly, Atlanta, Georgia, and Rebecca Wells Demaree, Nashville, Tennessee, for the respondent, Aramark Educational Resources, Inc. Judge: BARKER First Paragraph: Pursuant to Tennessee Supreme Court Rule 23, we accepted certification of a question of law from the United States District Court for the Middle District of Tennessee concerning regulations issued by the Tennessee Department of Human Services. The certified question from the district court asks us to determine whether the rationale of statutorily imposed vicarious liability under Gleaves v. Checker Cab Transit Corp., 15 S.W.3d 799 (Tenn. 2000), applies to rules governing licensing and operation of day care centers in Tennessee. For the reasons given herein, we answer that our holding in Gleaves is distinguishable from the present case, and the Tennessee regulations governing day care centers do not, absent fault on the part of the licensee, provide for vicarious liability for the injurious acts of an employee occurring outside the scope of employment. http://www.tba.org/tba_files/TSC/houghtonj.wpd
STATE OF TENNESSEE v. OLIVIA WILLIAMS Court:TCCA Attorneys: Susanna L. Thomas, Newport, Tennessee, for the appellant, Olivia Williams. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and Ronald C. Newcomb, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant pled guilty to one count of Class D felony theft over $10,000, received an agreed three-year sentence, and agreed to allow the trial court to determine the manner in which her sentence would be served. The trial court ordered the sentence to be served in incarceration. In this appeal, the defendant argues the trial court erred in denying alternative sentencing. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/williamsolivia.wpd
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