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Wyatt vs. State E1998-00097-SC-R11-CO Authoring Judge: Justice E. Riley Anderson Trial Court Judge: Thomas W. Graham This is an appeal from the judgment of the Bledsoe County Criminal Court, which denied the defendant's petition for habeas corpus relief. The Court of Criminal Appeals affirmed the trial court's denial of the petition, rejecting the defendant's argument that his original indictment, which charged attempted first-degree murder by an "attempt to kill," was insufficient for failing to allege an overt act and thus failed to confer jurisdiction on the trial court. We granted the defendant's application for permission to appeal. We hold that the indictment in this case sufficiently alleges an act as required by the criminal attempt statute in stating that the defendant "did . . . attempt to kill" and that habeas corpus relief was thus properly denied. Accordingly, we affirm the lower courts' judgments.	Bledsoe	Supreme Court	07/27/00
Monceret vs. The Board of Professional Responsibility E1999-00545-SC-R3-CV Authoring Judge: Justice E. Riley Anderson Trial Court Judge: Irvin H. Kilcrease, Jr. This is an appeal from the Knox County Chancery Court, which affirmed a hearing panel's ruling that the appellant violated Tenn. R. Sup. Ct. 8, DR 7-104(A)(1) by deposing a witness that he knew to be represented by counsel. We hold that the chancery court correctly determined that the term "party" used in DR 7-104(A)(1) is not limited to the named plaintiff or defendant in a lawsuit and may also include a witness who is represented by counsel. We further hold that the protection of the Rule cannot be waived by the party but only by the party's lawyer. Accordingly, we affirm the judgment.	Knox	Supreme Court	07/27/00
M1999-00299-SC-OT-RL M1999-00299-SC-OT-RL		Supreme Court	07/26/00
M1999-00299-SC-OT-RL M1999-00299-SC-OT-RL		Supreme Court	07/26/00
Logan vs. Winstead E1999-01056-SC-R11-CV Authoring Judge: Justice Frank F. Drowota, III Trial Court Judge: John K. Wilson This appeal arises from a prisoner's pro se action for legal malpractice against the attorney who represented him in criminal court on the charges underlying his sentence. The attorney filed a motion for summary judgment supported by an expert affidavit. The prisoner, relying upon Whisnant v. Byrd, 525 S.W.2d 152 (Tenn. 1975), filed a motion to hold the proceedings in abeyance until he was released from prison and able to appear in court. The trial court failed to rule on the motion for abeyance. The trial court entered summary judgment in favor of the attorney on the grounds that the prisoner had not offered an expert affidavit to rebut the attorney's proof. The Court of Appeals upheld the judgment. We granted review to determine under what circumstances an incarcerated plaintiff is entitled to have a civil action held in abeyance until he or she is released from custody.	Hawkins	Supreme Court	07/21/00
State vs. Ducker M1997-00074-SC-R11-CD Authoring Judge: Justice Janice M. Holder Trial Court Judge: Charles D. Haston, Sr. We granted review to determine (1) whether aggravated child abuse is a lesser-included offense of the charged offense of first degree murder for the reckless killing of a child; (2) whether the knowing mens rea of aggravated child abuse refers to the conduct of the defendant or to the result of that conduct; (3) whether the evidence supports the defendant's convictions; and (4) whether the defendant was properly convicted of Class A felonies when the trial court failed to charge the jury on the age element contained in the aggravated child abuse statute.	Warren	Supreme Court	07/14/00
State vs. Henderson W1998-00342-SC-DDT-DD Authoring Judge: Justice William M. Barker Trial Court Judge: Jon Kerry Blackwood	Fayette	Supreme Court	07/10/00
State vs. Henderson W1998-00342-SC-DDT-DD Authoring Judge: Justice William M. Barker Trial Court Judge: Jon Kerry Blackwood	Fayette	Supreme Court	07/10/00
State vs. Morris W1998-00679-SC-DDT-DD Authoring Judge: Justice E. Riley Anderson Trial Court Judge: John Franklin Murchison	Madison	Supreme Court	07/10/00
State of Tennessee v. Franklin Howard W1997-00047-SC-R11-CD Authoring Judge: Justice William M. Barker Trial Court Judge: Judge Joseph B. Dailey This is an appeal from the Criminal Court for Shelby County which convicted the defendant of premeditated first degree murder, especially aggravated robbery and conspiracy to commit aggravated robbery. The defendant filed a motion for a new trial and argued that the evidence was insufficient to sustain a conviction for premeditated murder. The court overruled the motion, and the defendant appealed. The Court of Criminal Appeals concluded that the evidence was insufficient to sustain a finding that the defendant was the principal actor in causing the death of the victim. Nevertheless, the court found that his conviction could be sustained under a theory of criminal responsibility for premeditated murder because premeditated murder was a natural and probable consequence of aggravated robbery under the facts of the case. We then granted the defendant's application for permission to appeal. We hold that the natural and probable consequences rule can be used to sustain a defendant's conviction for first-degree premeditated murder based upon criminal responsibility for the conduct of a co-defendant. The jury, however, must be instructed on all elements of a charge of criminal responsibility, including the natural and probable consequences rule. Because the jury was not instructed on the natural and probable consequences rule, the defendant's conviction for first degree premeditated murder is reversed, and this case is remanded to the trial court for a new trial.	Shelby	Supreme Court	07/06/00
State vs. Adams W1997-00190-SC-R11-CD Authoring Judge: Justice William M. Barker Trial Court Judge: Chris B. Craft	Shelby	Supreme Court	06/30/00
State vs. Smith W1998-00156-SC-R11-CD Authoring Judge: Justice William M. Barker Trial Court Judge: Julian P. Guinn In this appeal, we address whether prior inconsistent statements can be used substantively to corroborate a confession when the prior statements are admitted into evidence without objection. We also consider whether the failure of the trial court to instruct the jury as to the limited use of the prior statements constitutes plain error. The Court of Criminal Appeals held that prior inconsistent statements could not be used as substantive evidence and that the failure of the trial court in this case to give a limiting instruction amounted to plain error. For the reasons stated herein, we hold that by not objecting to the admission of the statements, the appellee waived any objection to their use by the jury as substantive evidence to corroborate the appellee’s two confessions. Consequently, we hold that the evidence in this case is sufficient to support a finding of guilt beyond a reasonable doubt. Finally, because the decision to forgo any objection to the hearsay testimony was a deliberate, tactical decision by trial counsel, we are precluded from considering admission of the evidence under a plain error analysis. We reverse the judgment of the Court of Criminal Appeals and reinstate the appellee’s conviction and sentence for aggravated sexual battery.	Henry	Supreme Court	06/30/00
State vs. Nichols M1997-00260-SC-R11-CD Authoring Judge: Justice Adolpho A. Birch, Jr. Trial Court Judge: Thomas H. Shriver	Davidson	Supreme Court	06/30/00
Graves vs. Cocke E1999-01387-SC-R3-CV Authoring Judge: Justice Frank F. Drowota, III Trial Court Judge: Richard R. Vance	Cocke	Supreme Court	06/30/00
State of Tennessee v. Dennis Wade Suttles E1998-00088-SC-DDT-CD Authoring Judge: Justice Frank F. Drowota, III Trial Court Judge: Mary Beth Leibowitz	Knox	Supreme Court	06/26/00
State of Tennessee v. Dennis Wade Suttles E1998-00088-SC-DDT-CD Authoring Judge: Justice Frank F. Drowota, III Trial Court Judge: Mary Beth Leibowitz	Knox	Supreme Court	06/26/00
Hart vs. State W1997-00188-SC-R11-CO Authoring Judge: Justice Adolpho A. Birch, Jr. Trial Court Judge: J. Steven Stafford	Lake	Supreme Court	06/22/00
State vs. Pierce E1997-00053-SC-R11-CD Authoring Judge: Justice Frank F. Drowota, III Trial Court Judge: R. Jerry Beck	Sullivan	Supreme Court	06/22/00
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX		Supreme Court	06/22/00
State vs. Owens W1997-00237-SC-R11-CD Authoring Judge: Justice Adolpho A. Birch, Jr. Trial Court Judge: Joseph B. Dailey	Shelby	Supreme Court	06/20/00
State vs. Winfield E1996-00012-SC-R11-CD Authoring Judge: Justice E. Riley Anderson Trial Court Judge: Douglas A. Meyer	Hamilton	Supreme Court	06/20/00
State vs. Fowler E1997-00037-SC-R11-CD Authoring Judge: Justice E. Riley Anderson Trial Court Judge: Rex Henry Ogle	Jefferson	Supreme Court	06/20/00
John Paul Seals v. State of Tennessee E1998-00367-SC-R11-PC Authoring Judge: Justice E. Riley Anderson Trial Court Judge: James E. Beckner	Hamblen	Supreme Court	06/20/00
John Paul Seals v. State of Tennessee E1998-00367-SC-R11-PC Authoring Judge: Justice E. Riley Anderson Trial Court Judge: James E. Beckner	Hamblen	Supreme Court	06/20/00
Appellate Court To Apply a Clearly Erroneous Standard of Review, Coln v. City of Savannah, 966 1998-00091-SC-R11-CV Trial Court Judge: George H. Brown	Shelby	Supreme Court	06/20/00