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| Estate of W.O. McIntyre
W1999-01700-COA-R3-CV
This is a will contest. The decedent committed suicide after writing several notes in which he expressed his wish that the bulk of his estate pass to his wife of eighteen years, with specific bequests to his children. The decedent's children contested the validity of the disposition, arguing that the decedent lacked testamentary capacity to execute a will at the time that he wrote the notes. After a jury trial, the jury found that the decedent had testamentary capacity and that the handwritten notes constituted a valid holographic will. The children appeal, arguing that the burden of proving testamentary capacity should have been placed on the will's proponents, due to the decedent's depression and resulting suicide, and that the evidence did not support the jury's verdict. We affirm, finding that the trial court did not err in its instructions on the burden of proof and that there is material evidence to support the jury's verdict.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Dewey C. Whitenton |
McNairy County | Court of Appeals | 01/19/00 | |
| State Dept.of Children's Services vs. J.M.R.R.
E2000-02075-COA-R3-CV
The Trial Judge terminated the mother's parental rights to the children on several statutory grounds. The mother on appeal insists grounds were not established by clear and convincing evidence. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Suzanne Bailey |
Hamilton County | Court of Appeals | 01/19/00 | |
| State vs. David P. Neal
M1998-00600-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:James O. Bond |
Wilson County | Court of Criminal Appeals | 01/18/00 | |
| Charles Shoffner vs. Billy Enterprises
W1999-01609-COA-R3-CV
This is a slip and fall case. The plaintiff was injured while bowling at the defendant's bowling alley. While he was bowling, his beeper fell from his belt onto the bowling lane. The plaintiff crossed the foul line to retrieve his beeper, and slipped on the oiled surface. He sued the bowling alley for his injuries, asserting that the bowling alley failed to adequately warn him of the danger of crossing the foul line. The trial court granted a directed verdict in favor of the defendant, finding that the bowling alley had no duty to warn the plaintiff, and that the plaintiff was more than 50% at fault for the accident. The plaintiff appeals. We affirm, finding that, under the undisputed facts, the plaintiff was more than 50% at fault for the accident.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 01/18/00 | |
| 01C01-9903-CC-00070
01C01-9903-CC-00070
Originating Judge:Jim T. Hamilton |
Maury County | Court of Criminal Appeals | 01/18/00 | |
| Brett Rae vs. State
03C01-9901-CC-00029
Originating Judge:Rex H. Ogle |
Sevier County | Court of Criminal Appeals | 01/18/00 | |
| State vs. Alaric B. Crouch
M1999-02057-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
|
Lawrence County | Court of Criminal Appeals | 01/18/00 | |
| Roger Clayton Davis vs. State
03C01-9902-CR-00076
Originating Judge:Stephen M. Bevil |
McMinn County | Court of Criminal Appeals | 01/14/00 | |
| 03C01-9807-CR-00228
03C01-9807-CR-00228
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 01/14/00 | |
| Joseph Stephenson vs. Keith West
W1998-00668-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 01/13/00 | |
| 01C01-9806-CC-00239
01C01-9806-CC-00239
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 01/13/00 | |
| State vs. Robert L. Mallard
01C01-9903-CC-00110
Originating Judge:J. Steve Daniel |
Rutherford County | Court of Criminal Appeals | 01/13/00 | |
| 01C01-9810-CR-00410
01C01-9810-CR-00410
|
Overton County | Court of Criminal Appeals | 01/13/00 | |
| M1999-00079-CCA-R3-CD
M1999-00079-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
|
Davidson County | Court of Criminal Appeals | 01/13/00 | |
| 01C01-9808-CR-00342
01C01-9808-CR-00342
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 01/13/00 | |
| LCI International vs. Margo Swartwood
W1999-02312-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Appeals | 01/13/00 | |
| 01C01-9811-CC-00458
01C01-9811-CC-00458
Originating Judge:Thomas T. Woodall |
Court of Criminal Appeals | 01/13/00 | ||
| State vs. Jimmy Ray Cureton
03C01-9808-CR-00313
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 01/13/00 | |
| 01C01-9812-CC-00477
01C01-9812-CC-00477
Originating Judge:Stella L. Hargrove |
Giles County | Court of Criminal Appeals | 01/13/00 | |
| 01C01-9810-CR-00392
01C01-9810-CR-00392
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 01/13/00 | |
| State vs. Runako Blair
W1999-01847-CCA-R3-PC
|
Shelby County | Court of Criminal Appeals | 01/12/00 | |
| State vs. Darrell Hayes
W1999-01850-CCA-R3-CO
|
Lake County | Court of Criminal Appeals | 01/12/00 | |
| State vs. Barry Kirk
W1999-01838-CCA-R3-CD
Originating Judge:David G. Hayes |
Fayette County | Court of Criminal Appeals | 01/12/00 | |
| State vs. Raymond Paul Duncan
03C01-9706-CR-00208
Originating Judge:Arden L. Hill |
Washington County | Court of Criminal Appeals | 01/12/00 | |
| State vs. David Brown
W1999-01841-CCA-R3-CO
|
Lauderdale County | Court of Criminal Appeals | 01/12/00 |