State vs. Dimarko Bojere Williams
M1997-00113-SC-R11-CD
Dimarko Bojere Williams was convicted of second degree murder and was sentenced to the Department of Correction for twenty-five years. Williams appealed, contending, inter alia, that the evidence was insufficient to support the conviction for second degree murder because he and the victim had been engaged in "mutual combat" at the time of the killing. In cases in which a victim is killed during mutual combat, he asserted, the defendant may be convicted of voluntary manslaughter only. The Court of Criminal Appeals affirmed the conviction for second degree murder but modified Williams's sentence on other grounds. We hold that the evidence is sufficient to support the conviction for second degree murder. In so doing, we reject the defendant's contention that a killing which occurs during mutual combat is, as a matter of law, voluntary manslaughter. The judgment of the Court of Criminal Appeals is, therefore, affirmed.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Jim T. Hamilton |
Maury County | Supreme Court | 05/23/00 | |
State vs. Henry
M1995-00005-SC-R11-CD
We granted this appeal to determine whether the trial court erred in admitting statements made by the co-defendant following the arrest of the defendant and the co-defendant for first-degree murder, attempted first-degree murder and related offenses. The Court of Criminal Appeals concluded that although the conspiracy to commit the offenses had ended, the co-defendant's statements were made during the course of and in furtherance of a separate conspiracy to conceal the offenses and were admissible pursuant to the co-conspirator exception to the hearsay rule set out in Tenn. R. Evid. 803(1.2)(E). After reviewing the record, we conclude that the co-defendant's statements were made after the conspiracy had ended and, therefore, were not admissible under Tenn. R. Evid. 803(1.2)(E). We further conclude, however, that the error was harmless, and we affirm the judgment of the Court of Criminal Appeals.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Seth W. Norman |
Davidson County | Supreme Court | 05/23/00 | |
Martin, et al vs. Coleman
E1998-00739-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:John A. Turnbull |
Cumberland County | Supreme Court | 05/16/00 | |
State vs. West
E1997-00166-SC-R11-PD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:John K. Byers |
Union County | Supreme Court | 05/12/00 | |
ATS Southeast, Inc., et al vs. Carrier Corp.
M1999-02658-SC-R23-CQ
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Aleta A. Trauger |
Supreme Court | 05/12/00 | ||
Yvonne McCann, et al., v. Glen Hatchett, et al.
W1998-00808-SC-WCM-CV
In this workers’ compensation case the sole issue is whether the death of a traveling employee by
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Chancellor D. J. Alissandratos |
Shelby County | Supreme Court | 05/08/00 | |
State of Tennessee v. Roy D. Nelson
E1997-00021-SC-R11-CD
This is an appeal from the Criminal Court for Washington County which convicted the
Authoring Judge: Justice William M. Barker
Originating Judge:Judge Lynn W. Brown |
Knox County | Supreme Court | 05/02/00 | |
Donald E. Griffin v. Shelter Mutual Insurance Company
M1997-00042-SC-R11-CV
The appellant, Donald E. Griffin, brought suit seeking damages for injuries he sustained when his vehicle was struck from the rear in Maury County by a car driven by Richard Vaughn. After obtaining a judgment against Vaughn in the amount of $225,000, Griffin learned that Vaughn had only $50,000 of liability insurance coverage. Griffin then requested that his uninsured motorist carrier, the appellee Shelter Mutual Insurance Company (“Shelter”), pay the remainder of the judgment up to its policy limit of $100,000. When Shelter refused the claim, Griffin brought this action against Shelter in the Chancery Court for Davidson County. The Chancellor granted summary judgment to Shelter, finding that Griffin had failed to comply with the notice provisions of the insurance policy and with the service provisions of Tenn. Code Ann. § 56-7-1206(a). The Court of Appeals agreed that Griffin had failed to comply with the service provisions of Tenn. Code Ann. § 56-7-1206(a) and thus affirmed the grant of summary judgment in favor of Shelter. This Court thereafter granted Griffin’s application for permission to appeal. Tenn. R. App. P. 11 Appeal by Permission from the Court of Appeals to the Supreme Court; Judgment of the Court of Appeals Affirmed DROWOTA, J.,
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Chancellor Carol L. McCoy |
Davidson County | Supreme Court | 05/01/00 | |
Kenneth L. Storey v. Randall E. Nichols, et al.
E1998-00851-SC-R3-CV
The dispositive issue in this case is whether an appeal as of right from a trial court’s judgment in an attorney-disciplinary proceeding initiated pursuant to Tenn. Code Ann. §§ 23-3-201–2041 lies in the Court of Appeals or in the Supreme Court. Because we hold that jurisdiction over an appeal as of right in a statutory disciplinary proceeding lies in the Court of Appeals, we reverse the intermediate appellate court’s order transferring the case to the Supreme Court, and we transfer the case to the Court of Appeals for its review on the merits. Tenn. R. App. P. 3; Transfer Order of the Court of Appeals Reversed; Case Transferred to Court of Appeals
Authoring Judge: Justice Janice M. Holder
Originating Judge:Chancellor David H. Cate |
Knox County | Supreme Court | 05/01/00 | |
Brown vs. Bd. of Professional Responsibility
E1999-02636-SC-R3-CV
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Howell N. Peoples |
Hamilton County | Supreme Court | 04/28/00 | |
Crabtree vs. Crabtree
M1997-00262-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:Muriel Robinson |
Davidson County | Supreme Court | 04/24/00 | |
Lavin vs. Jordon
M1997-00259-SC-R11-CV
Authoring Judge: Justice William M. Barker
Originating Judge:Barbara N. Haynes |
Davidson County | Supreme Court | 04/24/00 | |
Lavin vs. Jordon
M1997-00259-SC-R11-CV
Authoring Judge: Justice William M. Barker
Originating Judge:Barbara N. Haynes |
Davidson County | Supreme Court | 04/24/00 | |
State et al vs. Brown & Williamson Tobacco Corp. et al vs. Gregory Bennett Perry and Steve Lloyd Champion, et al
M1999-00455-SC-R11-CV
Originating Judge:Carol L. Mccoy |
Davidson County | Supreme Court | 04/19/00 | |
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Supreme Court | 04/17/00 | ||
State vs. Carter
W1997-00248-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Jon Kerry Blackwood |
McNairy County | Supreme Court | 04/17/00 | |
State vs. Keen
W1997-00147-SC-DDT-DD
Authoring Judge: Justice William M. Barker
Originating Judge:John P. Colton, Jr. |
Shelby County | Supreme Court | 04/12/00 | |
State vs. Keen
W1997-00147-SC-DDT-DD
Authoring Judge: Justice William M. Barker
Originating Judge:John P. Colton, Jr. |
Shelby County | Supreme Court | 04/12/00 | |
State vs. Culbreath, et al
W1999-01553-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Originating Judge:L. Terry Lafferty |
Shelby County | Supreme Court | 04/12/00 | |
Maestas vs. Sofamor Danek Group, Inc.
W1998-01907-SC-R11-CV
The plaintiffs alleged that defendants' products, surgically implanted in their backs, were defective. The trial court granted summary judgment for defendants on grounds that the statute of limitations had expired. The plaintiffs appealed, contending that: 1) genuine issues of material fact existed as to whether the statute of limitations was tolled by the "discovery rule"; and 2) under the doctrine of "cross-jurisdictional tolling," the statute of limitations was tolled during the period in which the plaintiffs sought class certification in a class action filed in federal court. We decline to adopt the doctrine of cross-jurisdictional tolling. As the plaintiffs have conceded a "universal date of discovery" that is outside the applicable statute of limitations, our rejection of cross-jurisdictional tolling renders the plaintiffs' claims time-barred. Accordingly, we need not address the "discovery rule" issue raised by plaintiffs. The judgment of the Court of Appeals, affirming the trial court's grant of summary judgment, is hereby affirmed.
Authoring Judge: Justice Janice M. Holder
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Supreme Court | 04/12/00 | |
State vs. Chalmers
W1997-00174-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Carolyn Wade Blackett |
Shelby County | Supreme Court | 04/11/00 | |
State vs. Beauregard
W1997-00060-SC-R11-CD
In this appeal, we consider whether the constitutional principle of either double jeopardy or due process is violated and therefore bars separate convictions for both rape and incest when the offenses arise from a single act committed against the same victim. The Court of Criminal Appeals affirmed the defendant's convictions for rape and incest. After our review of the record and applicable authorities, we conclude that the separate convictions for rape and incest did not violate double jeopardy principles under the United States or Tennessee Constitutions because the offenses require different elements, different evidence, and have different purposes. We also conclude that the convictions for rape and incest did not violate due process under the United States or Tennessee Constitutions because neither offense was "essentially incidental" to the other. Accordingly, we affirm the judgment of the Court of Criminal Appeals.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Supreme Court | 04/11/00 | |
Lipscomb vs. Doe
W1997-00132-SC-R11-CV
Authoring Judge: Justice William M. Barker
Originating Judge:D'Army Bailey |
Shelby County | Supreme Court | 04/11/00 | |
Lipscomb vs. Doe
W1997-00132-SC-R11-CV
Authoring Judge: Justice William M. Barker
Originating Judge:D'Army Bailey |
Shelby County | Supreme Court | 04/11/00 | |
State vs. Chalmers
W1997-00174-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Carolyn Wade Blackett |
Shelby County | Supreme Court | 04/11/00 |