SUPREME COURT OPINIONS

03S01-9409-CR-00089
03S01-9409-CR-00089
Trial Court Judge: Douglas A. Meyer

03S01-9407-CR-00069
03S01-9407-CR-00069

Nancy M. Cronin v. John W. Howe, M.D.
03S01-9406-CV-00053
Authoring Judge: Chief Justice Riley Anderson
Trial Court Judge: Judge Wheeler Rosenbalm

The issue in this appeal is whether the Tennessee savings statute1operates to save a medical malpractice action which was initially filed within the three-year statute of repose, but which was voluntarily dismissed and refiled beyond the three-year statute of repose.2 We hold that it does. The judgment of the Court of Appeals is reversed and the cause remanded to the trial court.

03S01-9401-CR-00095
03S01-9401-CR-00095
Trial Court Judge: Mary Beth Leibowitz

03S01-9401-CR-00095
03S01-9401-CR-00095

03S01-9407-CH-00067
03S01-9407-CH-00067
Trial Court Judge: Earl H. Henley

03S01-9502-CR-00011
03S01-9502-CR-00011

02S01-9406-CH-00027
02S01-9406-CH-00027

State of Tennessee v. Jerrell C. Livingston, State of Tennessee v. Steve Bundy, State of Tennessee v. John R. Tilley, & State of Tennessee v. David Johnson
01S01-9305-CR-00077
Authoring Judge: Special Justice Charles H. O'Brien
Trial Court Judge: Judge J. Randall Wyatt

We accepted the application for review filed pursuant to Rule 11, Tenn. R. App.P. In these four cases in order to determine whether the fresh-complaint doctrine recently modified in State v. Kendricks 1 applies in cases wherein a child is the victim of abuse. For the reasons below appearing, we hold that the fresh-complaint doctrine does not apply in such cases.

State of Tennessee v. Anthony Darrell Dugard Hines
01S01-9303-CC-00052
Authoring Judge: Special Justice Charles H. O'Brien
Trial Court Judge: Judge Robert E. Burch

This defendant was convicted of murder in the perpetration of armed robbery and sentenced to death. On direct appeal this Court affirmed defendant's conviction and remanded the case for resentencing because of erroneous jury instructions.

State of Tennessee v. Anthony Darrell Dugard Hines
01S01-9303-CC-00052
Authoring Judge: Special Justice Charles H. O'Brien
Trial Court Judge: Judge Robert E. Burch

This defendant was convicted of murder in the perpetration of armed robbery and sentenced to death. On direct appeal this Court affirmed defendant's conviction and remanded the case for resentencing because of erroneous jury instructions.1

Misty Atchley v. Lifecare Center of Cleveland
03S01-9312-CH-00077
Authoring Judge: Justice Frank W. Drowota, III
Trial Court Judge: Chancellor Earl H. Henley

We granted review of the Special Workers' Compensation Appeals Panel decision pursuant to Tenn. Code Ann. § 50-6-225(e)(5)(A), in order to determine, inter alia, whether the provisions contained in Tenn. Code Ann. § 50- 6-241(a)(1) [the multiplier statute], limiting an employee's permanent partial disability award to two and one-half (2½) times the medical impairment rating in cases in which the pre-injury employer returns the employee to employment at awage equal to or greater than the wage the employee was receiving at the time of the injury, apply to injuries involving scheduled members

01S01-9409-CV-00111
01S01-9409-CV-00111
Trial Court Judge: Thomas Goodall

In Re: Estate of George C. Vincent
E2001-03035-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Billy Joe White
In this will construction case, we address the question of whether or not the doctrine of exoneration applies to a mortgage on real property passing by right of survivorship where the decedent's will directed that his personal representative pay all his "just debts." We find that the general direction to pay "just debts" is not sufficient to require that the estate pay the remaining balance on the mortgage of non-probate property. Furthermore, additional language in the will regarding the payment of installment debts is not sufficient to indicate that the testator intended to include mortgages of non-probate property where the testator's will specified only one beneficiary and did not mention either the property held by joint tenancy or the joint tenant.

John Doe v. Jane Doe
M2003-01142-SC-S25-BP
Authoring Judge: Justice William M. Barker

The petitioner, an attorney identified as John Doe, filed a petition for contempt alleging violations by the respondent, an attorney identified as Jane Doe, of the confidentiality requirement of Rule 9, section 25 of the Rules of the Tennessee Supreme Court. The Court directed the parties to address as a threshold matter the constitutionality of Rule 9, section 25. After considering the arguments of the parties, the Attorney General and amicus curiae, and analyzing the applicable law, we hold that section 25 of Rule 9 violates free speech protections of Article I, section 19 of the Tennessee Constitution and the First Amendment to the United States Constitution. We further conclude that sanctions for criminal contempt are not appropriate under the circumstances of this case. Accordingly, the petition for contempt is denied.

State of Tennessee v. John R. Farner, Jr.
E1999-00491-SC-R11-CD
Authoring Judge: Per Curiam
Trial Court Judge: Judge R. Jerry Beck

The State of Tennessee has filed a petition to rehear asking this Court to reconsider certain
portions of the opinion. Contrary to the assertions of the petition the opinion does not require the giving of a special “proximate cause” instruction in every homicide case. The opinion requires the giving of a general causation instruction whenever the homicide offense does not itself explicitly or implicitly include a causation instruction. As the State recognizes, some of the homicide offenses include elements that implicitly instruct the jury that a causation finding is necessary. Also without merit is the State’s assertion that the suggested pattern jury instruction set out in footnote 16 conflicts with existing law and relieves the State of its burden of proof. The State’s petition confuses criminal negligence and causation. Both elements must be proven beyond a reasonable doubt to establish criminally negligent homicide. Moreover, we emphasize that the language in footnote 16 is merely a suggestion which may be accepted, revised, or rejected by the Pattern Jury Instruction Committee. Accordingly, the State’s petition to rehear is DENIED. Costs of this petition are taxed to the State of Tennessee, for which execution may issue if necessary.
 

M2001-01866-CCA-R3-DD
M2001-01866-CCA-R3-DD

01C01-9606-CR-00230
01C01-9606-CR-00230

April Wallace, Vickie Guinn, et al., v. National Bank of Commerce, et al.
02S01-9509-CV-00074
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Judge James M. Tharpe

This case presents for review the decision of the Court of Appeals affirming the trial court's award of summary judgment for the defendants. The trial court found that the
record shows, as a matter of law, that the defendant banks did not breach the duty of good faith in imposing fees for returned checks drawn on accounts with insufficient funds.
This Court concurs in the decision made by the trial court and the Court of Appeals.

State of Tennessee v. Gussie Willis Vann - Dissenting
03S01-9706-CR-00068
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge R. Steven Bebb

I agree with the majority’s resolution of every issue in this case but one: the effect of the trial court’s failure to instruct the jury on second-degree murder. The majority concludes that the trial court’s failure to instruct the jury on the offense of second-degree murder is not error because the evidence in the record does not support that offense. Because I find the evidence can indeed support a conviction of seconddegree murder, I respectfully dissent.

Deborah Lorraine Brooks v. Rickey Lamar Brooks - Dissenting
03S01-9804-CV-00034
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge Earle G. Murphy

It is apparent that this Court has based its finding that Mr. Brooks is willfully and voluntarily underemployed simply on the fact that he, at one time, was more lucratively employed. Simply because a parent is not as lucratively employed as during the marriage, or for a time thereafter, no automatic inference that he or she is willfully and voluntarily underemployed should be drawn. We must remain cognizant of a parent’s right as a citizen to the pursuit of happiness and to the freedom to make reasonable employment decisions, while at the same time heeding the duty to support.

Robert L. Delaney v. Brook Thompson, et al.
01S01-9808-CH-00144
Authoring Judge: Special Supreme Court Justice Robert D. Arnold
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This Court has been appointed by the Governor to decide the case of Delaney v. Thompson, et al., in which the plaintiff challenges the constitutionality of the uniquely statutory merit selection system for appellate judges called the Tennessee Plan. Rather than contend with the constitutional issues, the majority, deciding this case by statutory construction, utilizes a construction which reflects neither the meaning of the statute nor the positions of the parties. In doing so, the majority opinion neither clarifies issues of importance to the electorate and judiciary, nor discourages future litigation on the same issues.

Dorothy Owens, as Conservator of Mary Francis King, et al. v. National Health Corporation, et al.
M2005-01272-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Robert E. Corlew, III