| State of Tennessee v. Brown & Williamson Tobacco Company, et al., v. Gregory Bennett Perry and Steve Lloyd Champion, et al.
M1999-00455-SC-R3-CV
A petition for rehearing has been filed on behalf of the Beckom appellants pursuant to Tennessee Rules of Appellate Procedure Rule 39. After consideration of the same, the Court is of the opinion that the petition should be and the same hereby is denied at the cost of the Beckom appellants. Enter this 24th day of May, 2000.
Authoring Judge: Per Curiam
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Davidson County | Supreme Court | 05/24/00 | |
| Dotson vs. Blake, et al
W1998-00710-SC-R11-CV
This is an appeal from the Circuit Court of Weakley County, which refused to permit the jury in a personal injury case to allocate fault to tortfeasors who successfully asserted a statute of repose defense. The Court of Appeals affirmed the trial court. We granted review to decide whether fault may be attributed to tortfeasors who cannot be held liable because of a statute of repose. After examining the record, considering the arguments of the parties, and analyzing the applicable law, we conclude that the courts below erred in not allowing fault to be assigned to the tortfeasors who successfully asserted a statute of repose to the claims against them. Accordingly, for the reasons explained hereafter, the lower courts are reversed.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:William B. Acree |
Weakley County | Supreme Court | 05/24/00 | |
| BVT Lebanon Shopping Cehter, Ltd. vs. Wal-Mart Stores, Inc., et al
M1997-00059-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:Bobby H. Capers |
Wilson County | Supreme Court | 05/24/00 | |
| BVT Lebanon Shopping Cehter, Ltd. vs. Wal-Mart Stores, Inc., et al
M1997-00059-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Originating Judge:Bobby H. Capers |
Wilson County | Supreme Court | 05/24/00 | |
| State vs. Harris
M1998-00325-SC-R11-CD
We grant permission to appeal as requested by Kenneth Bryan Harris in order to review the judgment of the Court of Criminal Appeals. The Court of Criminal Appeals found that the trial court had erred in making the following rulings: (1) overruling the State's motion to enter a nolle prosequi on an indictment for aggravated assault; (2) dismissing a superseding indictment for attempted first degree murder and aggravated assault; and (3) reversing the district attorney general pro tempore's rejection of the defendant's application for pretrial diversion on the original indictment. Accordingly, the Court of Criminal Appeals reversed each ruling and remanded the cause to the trial court for further proceedings. After careful consideration, we conclude that the trial court erred in overruling the State's motion for a nolle prosequi on the original indictment. We conclude also that the trial court erred in dismissing the superseding indictment for attempted first degree murder and aggravated assault. Moreover, because the superseding indictment contains a count charging Harris with an offense for which pretrial diversion is not available, we need not consider the question of pretrial diversion. Based on these conclusions, we affirm the decision of the Court of Criminal Appeals and remand the cause to the trial court for proceedings on the superseding indictment.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Bobby H. Capers |
Wilson County | Supreme Court | 05/24/00 | |
| Harris vs. Chern
M1998-00250-SC-R11-CV
We granted this appeal to determine the standard to be applied in ruling upon a Tenn. R. Civ. P. 54.02 motion to revise a grant of partial summary judgment based upon evidence beyond that which was before the court when the motion was initially granted. For the reasons stated below, we reject the newly discovered evidence rule applied by the trial court and set forth in Bradley v. McLeod, 984 S.W.2d 929 (Tenn. Ct. App. 1998). We adopt a test requiring the trial court to consider, when applicable: 1) the movant's efforts to obtain evidence to respond to the motion for summary judgment; 2) the importance of the newly submitted evidence to the movant's case; 3) the explanation offered by the movant for its failure to offer the newly submitted evidence in its initial response to the motion for summary judgment; 4) the likelihood that the nonmoving party will suffer unfair prejudice; and 5) any other relevant factor. Accordingly, we reverse the judgment of the Court of Appeals and remand to the trial court for application of this standard.
Authoring Judge: Justice Janice M. Holder
Originating Judge:Thomas W. Brothers |
Davidson County | Supreme Court | 05/24/00 | |
| 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 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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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 |