APPELLATE COURT OPINIONS

Please enter some keywords to search.
03S01-9410-CR-00094

03S01-9410-CR-00094
Supreme Court 11/13/95
State of Tennessee v. Gregory Adams Valentine

02S01-9410-CC-00070

Gregory Adams Valentine was convicted by a jury of unlawful possessoin of a Schedule VI Substance with intent to manufacture, deliever, or sell (a Class E felony) and unlawful possession of drug paraphernalia (a Class A misdemeanor). We granted his application for review pursuant to Rule 11, Tenn. R. Crim. P., in order to determine whether his testimony fulfilled the requirements of Rule 41 (g), Tenn.R.Crim.P., thereby preserving his right to challenge, on appeal, the admission of illegally obtain evidence.

 

 

Authoring Judge: Justice Aldolpho A. Birch, Jr.
Originating Judge:Judge Julian P. Guinn
Henry County Supreme Court 11/06/95
01S01-9403-CH-00026

01S01-9403-CH-00026

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Supreme Court 10/30/95
01S01-9502-FD-00024

01S01-9502-FD-00024
Hamilton County Supreme Court 10/23/95
02S01-9407-CR-00044

02S01-9407-CR-00044
Supreme Court 10/23/95
02S01-9407-CR-00044

02S01-9407-CR-00044
Supreme Court 10/23/95
01S01-9408-CH-00076

01S01-9408-CH-00076
Supreme Court 10/16/95
State of Tennessee v. David Edward Howington

01S01-9407-CC-00073

The district attorney general refused to honor an informal immunity agreement1 made with David Edward Howington, the defendant. The reason stated for this refusal was the prosecutor's perception that Howington had not fulfilled his part of the bargain; that is, he had not testified truthfully at his preliminary hearing. He was subsequently tried and convicted of first-degree (felony) murder; he received a life sentence.

Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge John A. Gasaway
Montgomery County Supreme Court 10/09/95
01S01-9502-CV-00021

01S01-9502-CV-00021
Supreme Court 09/25/95
03S01-9409-CR-00089

03S01-9409-CR-00089

Originating Judge:Douglas A. Meyer
Supreme Court 09/25/95
03S01-9407-CR-00069

03S01-9407-CR-00069
Union County Supreme Court 09/25/95
Charlotte v. Broyles

01S01-9501-CV-00014
Supreme Court 09/25/95
Nancy M. Cronin v. John W. Howe, M.D.

03S01-9406-CV-00053

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.

Authoring Judge: Chief Justice Riley Anderson
Originating Judge:Judge Wheeler Rosenbalm
Supreme Court 09/15/95
02S01-9406-CH-00027

02S01-9406-CH-00027
Supreme Court 09/11/95
03S01-9401-CR-00095

03S01-9401-CR-00095

Originating Judge:Mary Beth Leibowitz
Supreme Court 09/11/95
03S01-9401-CR-00095

03S01-9401-CR-00095
Supreme Court 09/11/95
03S01-9407-CH-00067

03S01-9407-CH-00067

Originating Judge:Earl H. Henley
Supreme Court 09/11/95
03S01-9502-CR-00011

03S01-9502-CR-00011
Supreme Court 09/11/95
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

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.

 

Authoring Judge: Special Justice Charles H. O'Brien
Originating Judge:Judge J. Randall Wyatt
Davidson County Supreme Court 09/06/95
State of Tennessee v. Anthony Darrell Dugard Hines

01S01-9303-CC-00052

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.

Authoring Judge: Special Justice Charles H. O'Brien
Originating Judge:Judge Robert E. Burch
Cheatham County Supreme Court 09/05/95
State of Tennessee v. Anthony Darrell Dugard Hines

01S01-9303-CC-00052

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

Authoring Judge: Special Justice Charles H. O'Brien
Originating Judge:Judge Robert E. Burch
Cheatham County Supreme Court 09/05/95
Misty Atchley v. Lifecare Center of Cleveland

03S01-9312-CH-00077

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

Authoring Judge: Justice Frank W. Drowota, III
Originating Judge:Chancellor Earl H. Henley
Bradley County Supreme Court 09/05/95
01S01-9409-CV-00111

01S01-9409-CV-00111

Originating Judge:Thomas Goodall
Supreme Court 08/21/95
In Re: Estate of George C. Vincent

E2001-03035-SC-R11-CV
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.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Billy Joe White
Campbell County Supreme Court 01/22/93
April Wallace, Vickie Guinn, et al., v. National Bank of Commerce, et al.

02S01-9509-CV-00074

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.

Authoring Judge: Justice Lyle Reid
Originating Judge:Judge James M. Tharpe
Shelby County Supreme Court