02A01-9410-CH-00230
02A01-9410-CH-00230
Trial Court Judge: D. J. Alissandratos

Shelby Court of Appeals

01S01-9503-CC-00036
01S01-9503-CC-00036
Trial Court Judge: John A. Turnbull

Supreme Court

01S01-9505-CR-00085
01S01-9505-CR-00085
Trial Court Judge: Seth W. Norman

Supreme Court

State of Tennessee v. Billy D. Frasier - Dissenting
01S01-9503-CC-00036
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Judge John A. Turnbull

I dissent from the majority's holding that a person arrested for driving under the influence of an intoxicant will be denied the right to consult with counsel prior to submitting to a breath test, regardless of the circumstances, and also from the majority's holidng that the defendant's right against self-incrimination would not be violated by the adminssion of his refusal to submit to the breath test as evidence of intoxication.

 

Putnam Supreme Court

Joseph Carl Owens v. Truckstops of America, Truckstops of America, Inc. v. B. Michael Design, Inc. and Vitro Products, Inc. - Dissenting
01S01-9408-CV-00077
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Judge Marietta M. Shipley

Based on the plaintiff's expectations at the time he filed this lawsuit in 1988, I agree with the majority that, in this transition case, it is reasonable to permit the plaintiff to recover from the defendants that he named in his complaint ("Truckstops") all of his damages that were proximately caused by Truckstops and that were not attributable to the plaintiff's own fault (if any). I also agree with the majority that it is fair in this transition case to permit Truckstops to receive contribution from the parties that were named by Truckstops as third-party defendants. However, I believe that the contribution should be based on the parties' respective percentages of fault, and that this method should apply not only to the negligence claims set forth in the thirdparty complaint, but to the strict products liability claim as well. If liability were thus linked to fault on each claim in the third-party complaint, each defendant (including the third-party defendants) would be liable only for the percentage of the plaintiff's damages that was caused by that defendant's fault, and the doctrine of joint and several liability would have no application.

Davidson Supreme Court

Roy Baines vs. Wilson County
M2000-00830-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: C. K. Smith
This appeal involves a suit for retaliatory discharge brought by the plaintiff against Wilson County, Wilson Emergency Management Agency and the plaintiff's supervisor. The plaintiff asserts that he was fired in retaliation for filing a workers' compensation claim. The trial court dismissed the plaintiff's claim because, it held, Wilson County and Wilson Emergency Management Agency were both immune pursuant to the Tennessee Governmental Tort Liability Act. Further, it held that the plaintiff did not allege a prima facie case of retaliatory discharge against his supervisor because his supervisor was not his employer. We agree and, therefore, affirm the holdings of the trial court.

Wilson Court of Appeals

01C01-9503-CC-00099
01C01-9503-CC-00099
Trial Court Judge: W. Charles Lee

Bedford Court of Criminal Appeals

01C01-9503-CR-00061
01C01-9503-CR-00061

Davidson Court of Criminal Appeals

01C01-9505-CC-00142
01C01-9505-CC-00142

Hickman Court of Criminal Appeals

01C01-9505-CR-00147
01C01-9505-CR-00147
Trial Court Judge: Walter C. Kurtz

Davidson Court of Criminal Appeals

01C01-9506-CC-00171
01C01-9506-CC-00171
Trial Court Judge: Donald P. Harris

Hickman Court of Criminal Appeals

Jane Doe and Mother A., Jane Doe C and Father C., v. Coffee County Board of Education, Joe Brandon, Bobby Cummings, Nelson Johnson, Marianne Brandon
01A01-9506-CV-00252
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Gerald L. Ewell, Sr.

This is a suit by two high school students and their parents seeking damages resulting from alleged assaults by a high school coach.

Coffee Court of Appeals

Penny Campbell, et al., v. Don Sundquist, Governor of the State of Tennessee, et al.
01A01-9507-CV-00321
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves a constitutional challenge under the Tennessee Constitution to Tennessee's Homosexual Practices Act, T.C.A. § 39-13-510 (1991). On May 26, 1993, plaintiffs Penny Campbell, John Doe, Jane Doe, James Tallent, and Christopher Simien,1 filed a "Verified Petition for Declaratory and Injunctive Relief" in the Circuit Court for Davidson County, Tennessee, against defendants Don Sundquist, Governor of the State of Tennessee,2 Charles W. Burson, Attorney General of the State of Tennessee, and Victor S. Johnson, III, District Attorney General for Davidson County, each in his official capacity. The complaint, as amended, seeks a declaratory judgment pursuant to T.C.A. § 29-14-101, et seq., (1980) that the Homosexual Practices Act (HPA),acriminal law, violates plaintiffs' right to privacy under Article I, Sections 1, 2, 3, 7, 8, 19, and 27 of the Tennessee Constitution and their right to equal protection of the laws under Article I, Section 8 of the Tennessee Constitution. Plaintiffs also seek to enjoin the enforcement of the HPA.

Davidson Court of Appeals

03C01-9310-CR-00181
03C01-9310-CR-00181

Cocke Court of Criminal Appeals

03A01-9508-CV-00252
03A01-9508-CV-00252

Loudon Court of Appeals

03A01-9508-CV-00256
03A01-9508-CV-00256

Knox Court of Appeals

State vs. Willie Dockins
W1998-00354-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Joseph B. Brown

Shelby Court of Criminal Appeals

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Greene Court of Appeals

03C01-9505-CR-00147
03C01-9505-CR-00147

Hawkins Court of Criminal Appeals

01C01-9503-CC-00051
01C01-9503-CC-00051

Williamson Court of Criminal Appeals

01C0l-9310-CC-00378
01C0l-9310-CC-00378
Trial Court Judge: W. Charles Lee

Bedford Court of Criminal Appeals

William B. Pevear and Rebecca Pevear v. Evans Hunt, Annie Irene Hunt and Metropolitan Government
01A01-9505-CH-00184
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor C. Allen High

This appeal involves a boundary line dispute between two neighbors. The Appellants, William and Rebecca Pevear, and the Appellees, Evans and Irene Hunt, own real estate which is separated by an alley which is owned by the Metropolitan Government of Nashville and Davidson County.
 

Davidson Court of Appeals

State, ex rel, Lorretta Head Overstreet v. Paul Daniel King - Concurring
01-A-01-9507-CH-00309
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge C. K. Smith

The only issue raised in this paternity action is whether there is any material evidence to support the jury's verdict that the appellant was the father of the child. We affirm.

Smith Court of Appeals

A.J. Hall, Inc., v. Federated Mutual Insurance Company
01A01-9508-CH-00369
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor C. K. Smith

The plaintiff, A. J. Hall, Inc., has appealed from the summary dismissal of a part of its suit against the defendant, Federated Mutual Insurance Company. The Trial Court expressly directed the entry of final partial judgment as permitted by T.R.C.P. Rule 54.02.

Wilson Court of Appeals

01A01-9508-CH-00373
01A01-9508-CH-00373
Trial Court Judge: Allen W. Wallace

Cheatham Court of Appeals