APPELLATE COURT OPINIONS

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State of Tennessee v. Jefferson C. Pennington

01S01-9607-PB-00133

We review this cause to determine whether detention immediately after arrest, purposely continued because of the accused’s refusal to submit to a breathalyzer test, constitutes punishment that prevents, under double jeopardy principles, punishment upon conviction. Because we find that jeopardy did not attach to the proceedings before the judicial commissioner and because the detention, even if punitive, did not constitute punishment for the charged offenses, we find no double jeopardy violation. Accordingly, the judgment of the Court of Criminal Appeals is reversed, the indictments are reinstated, and the cause is remanded to the trial court for further proceedings.

Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge James R. Everett
Supreme Court 09/08/97
Gertrude Jackson and Josephine J. Johnson v. Helen Patton, Executrix of the Estate if Jennie Mai Jackson, Deceased

01S01-9609-CH-00177

This will contest case presents for review the decision of the Court of Appeals that the trial court erred in sustaining the most recently executed instrument as the testatrix's last will and testament. For the reasons stated herein, the decision of the Court of Appeals is reversed and the judgment of the trial court is reinstated.

Authoring Judge: Justice Lyle Reid
Originating Judge:Chancellor Henry Denmark Bell
Supreme Court 09/02/97
Mary Blake v. Plus Mark, Inc. and Sue Ann Head, Director of the Division of Worker's Compensation, Tennessee Department of Labor

03S01-9512-CH-00137

This is an appeal from the decision of the Chancery Court in a worker's compensation case, in which the trial court granted the employee's motion for non-suit and then entered a judgment of no liability for the employer on its counterclaim. The judgment of the trial court is reversed, and the case is remanded.

Authoring Judge: Justice Lyle Reid
Originating Judge:Chancellor Dennis H. Inman
Supreme Court 09/02/97
In re: Estate of Carleton Elliott Walton, Deceased, Jeffrey O. Walton, Administrator v. Leslie Young

01S01-9612-PB-00252

This case presents for review with the decision of the Court of Appeals reversing the trial court's denial of a claim of paternity. For the reasons set forth, the decision of the Court of Appeals is reversed and the case is remanded. 

Authoring Judge: Justice Lyle Reid
Originating Judge:Judge Frank G. Clement, Jr.
Davidson County Supreme Court 09/02/97
James R. Fruge and Jane Fruge v. John and Jane Doe

02S01-9601-CV-00005

This case presents for review the decision of the Court of Appeals affirming the trial court's award of summary judgment denying the plaintiff's claims under the uninsured motorist statute. That decision is reversed, and the case is remanded. 

Authoring Judge: Justice Lyle Reid
Originating Judge:Judge George H. Brown, Jr.
Supreme Court 09/02/97
William J. Snyder v. Ltg. Lufttechnische Gmb; and HSM Pressen-GmbH

01S01-9607-FD-00143

Pursuant to Rule 23 of the Rules of the Supreme Court of Tennessee,1 this Court has accepted two questions certified to us by the United States District Court for the Eastern District of Tennessee. The questions are as follows: 1. Whether products liability defendants in a suit for personal injuries based on allegations of negligence and strict liability in tort may introduce evidence at trial that the plaintiff’s employer’s alteration, change, improper maintenance, or abnormal use of the defendants’ product proximately caused or contributed to the plaintiff’s injuries. 2. If “no,” of what effect is Tenn. Code Ann. § 29- 28-108? 3 As explained below, the answer to the first certified question is that products liability defendants in a suit for personal injuries based on allegations of negligence and strict liability in tort may introduce relevant evidence at trial that the plaintiff’s employer’s alteration, change, improper maintenance, or abnormal use of the defendants’ product was the cause in fact of the plaintiff’s injuries. The jury may consider all evidence relevant to the actions of the employer with respect to the defendants’ product in assessing whether the plaintiff has met his burden of establishing the elements necessary to recover against the defendants. However, in making that determination, the jury may not assess fault against the employer. Our answer to the first question makes it unnecessary to reach the second one.

Authoring Judge: Justice Frank W. Drowota, III
Originating Judge:Magistrate Denis H. Inman
Knox County Supreme Court 09/02/97
Lamar Fletcher vs. State

02S01-9606-CR-00056
Shelby County Supreme Court 08/25/97
Tammy R. Ganzevoort vs. Richard B. Russell, Martha T. Russell, and Jim Cassetty d/b/a Jim Cassetty Realty - Concurring

01S01-9602-CV-00040

This case presents for review the decision of the Court of Appeals reversing the trial court and dismissing an action for violation of the Tennessee Consumer Protection Act1 brought by the purchaser of  residential real property against the seller and the seller’s broker. The judgment of the Court of Appeals dismissing the suit is affirmed.

Authoring Judge: Justice Lyle Reid
Originating Judge:Judge Thomas Goodall
Sumner County Supreme Court 08/25/97
Ganzevoort vs. Russell

01S01-9602-CV-00040
Supreme Court 08/25/97
Steele , et. al. vs. Industrial Dev. Bd. of Metro Gov't.

01S01-9607-FD-00136
Supreme Court 08/25/97
Dept. of Health, Bureau of Medicaid vs. Jaco

01S01-9609-CH-00171
Supreme Court 08/25/97
State of Tennessee v. Jubal Carson

03S01-9606-CR-00063

The issue presented by this appeal is whether the defendant, who assisted his co-defendants in committing an aggravated robbery, was criminally responsible under Tenn. Code Ann. § 39-11-402(2) for additional offenses committed by them.

Authoring Judge: Justice E. Riley Anderson
Originating Judge:Judge Mary Beth Leibowitz
Knox County Supreme Court 08/04/97
Marvin & Ellyse McCarley vs. West Food Quality Service

02S01-9610-CV-00085
Supreme Court 07/14/97
Marvin & Ellyse McCarley vs. West Food Quality Service

02S01-9610-CV-00085
Supreme Court 07/14/97
Westand Land West Community Association, et al. v. Knox County, et al.

03S01-9610-CH-00098

We granted this appeal to determine whether Tenn. Code Ann. § 13-7-105(a) mandates submission of a newly proposed zoning classification amendment to the regional planning commission following the commission's rejection of a similar but different proposed classification. The Court of Appeals held that the statute does not require futile resubmissions of revised proposals. We, however, find that the proposal in question was not merely a revised prior
proposal but was a new and previously unsubmitted proposal. The statute clearly mandates submission of new proposals to the regional planning commission. We reverse the Appellate Court and hold that the new zoning proposal should have been submitted to the regional planning commission.

Authoring Judge: Justice Janice M. Holder
Originating Judge:Judge Sharon J. Bell
Knox County Supreme Court 07/07/97
03S01-9607-CV-00082

03S01-9607-CV-00082
Supreme Court 06/11/97
State of Tennessee v. David Paul Martin

03S01-9604-CR-00040

We granted review in this case to determine whether a court-ordered mental evaluation violated the defendant’s right against self-incrimination and the right to counsel under the United States and Tennessee Constitutions.

Authoring Judge: Justice E. Riley Anderson
Originating Judge:Judge Richard Baumgardner
Supreme Court 06/09/97
02S01-9611-Ch-00101

02S01-9611-Ch-00101

Originating Judge:Robert A. Lanier
Supreme Court 05/23/97
Kite vs. Kite

03S01-9610-CH-00099
Supreme Court 05/19/97
State vs. Henry Eugene Hodges

01S01-9505-CR-00080
Davidson County Supreme Court 05/19/97
Stein vs. Davidson Hotel Company

01S01-9610-CV-00202
Davidson County Supreme Court 05/19/97
State vs. Downey

03S01-9604-CC-00039
Supreme Court 05/12/97
State vs. Chad Douglas Poole

02S01-9607-CC-00064
Supreme Court 05/12/97
State vs. Chad Douglas Poole

02S01-9607-CC-00064
Supreme Court 05/12/97
Krick vs. City of Lawrenceburg

01S01-9511-CV-00220
Lawrence County Supreme Court 05/12/97