SUPREME COURT OPINIONS

State vs. Sledge
W1994-00005-SC-R11-DD
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Joseph B. Mccartie

Supreme Court

Ahern (Pierotti) vs. Ahern
W1997-00233-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: D'Army Bailey

Shelby Supreme Court

Staples vs. CBL & Associates, et al
E1997-00033-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III

Hamilton Supreme Court

Staples vs. CBL & Associates, et al
E1997-00033-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III

Supreme Court

Bryant vs. HCA Health Services of TN
M1998-00770-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Walter C. Kurtz

Supreme Court

Robert Glen Coe v. State of Tennessee
M1999-01313-SC-DPE-PD
Authoring Judge: Justice Adolpho A. Birch, Jr.

In Heck van Tran v. State,1 a majority of this Court established the protocol that an inmate sentenced to death must follow to assert a common law and constitutional challenge to his or her competence to be executed. In the context of a Separate Concurring and Dissenting Opinion, I identified three components of the protocol which, when implemented, would each produce an unconstitutional result. Two are most significant: (1) use of the protocol would permit the execution of inmates who are, due to mental defect or disease, unable to consult with and assist their counsel; and (2) use of the protocol would deprive inmates of the right to have the ultimate issue–-competence to be executed-- determined by a jury of their peers.

Davidson Supreme Court

W1999-01313-SC-DPE-PD
W1999-01313-SC-DPE-PD

Shelby Supreme Court

Smith vs. U.S. Pipe & Foundry Co.
E1998-00306-SC-R3-CV
Authoring Judge: Justice Frank F. Drowota, III

Supreme Court

Gleaves vs. Checker Cab Transit
M1997-00183-SC-R11-CV
Authoring Judge: Justice Adolpho A. Birch, Jr.

Davidson Supreme Court

McCoy vs. T.T.C. Illinois Inc.
E1999-01378-SC-WCM-CV
Authoring Judge: Justice Frank F. Drowota, III

Supreme Court

Norton vs. McCaskill
W1997-00151-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III

Supreme Court

State vs. Walker
M1996-00046-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: James L. Weatherford

Maury Supreme Court

McConnell vs. State
M1997-00163-SC-R11-PC
Authoring Judge: Justice William M. Barker

Supreme Court

Donald P. Spicer v. State of Tennessee
W1996-00042-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Judge Arthur T. Bennett

In this appeal, we address several issues related to the consolidation and severance of multiple sexual abuse offenses pursuant to Tennessee Rules of Criminal Procedure 8, 13, and 14. More specifically, these issues are: (1) whether the appellant properly preserved his right to a severance of offenses under Rule 14(b)(1) by objecting to a pre-trial motion for consolidation; if so, (2) whether the trial court abused its discretion by improperly consolidating two indictments alleging child rape and aggravated sexual battery in a single trial; and if so, (3) whether that abuse of discretion affirmatively appears to have affected the outcome of the trial. For the reasons stated herein, we hold that the appellant properly preserved his right to a severance of offenses and that the trial court abused its discretion by consolidating both indictments in a single trial. Because we also hold that the trial court’s abuse of discretion affirmatively appears to have affected the outcome of the trial, we vacate the appellant’s conviction and sentence and remand this case to the Shelby County Criminal Court for a new trial. The judgment of the Court of Criminal Appeals is affirmed in part as modified and reversed in part.

Shelby Supreme Court

Harry Clark March and Trudi Janette Marsh, Susan R. Limor, Trustee v. Fleet Mortgage Group and Bank United
398-04816-KL3-7)
Authoring Judge: Justice Adolph A. Birch, Jr.

Pursuant to Rule 23 of the Rules of the Supreme Court of Tennessee,1 this Court accepted certification of the following question from the United States Bankruptcy Court for the Middle
District of Tennessee: Whether the omission of the official notary seal in the acknowledgment on
a Tennessee deed of trust as required by Tennessee Code Annotated § 66-22-110, renders the instrument “null and void as to . . . subsequent creditors . . . or bona fide purchasers . . . without notice” as provided in Tennessee Code Annotated § 66-26-103. After careful consideration, we conclude that the official seal of the acknowledging notary public must be affixed to a deed of trust if that instrument is to constitute notice to subsequent creditors or bona fide purchasers. Because the deed of trust before us did not bear the official notary seal, it does not constitute notice to subsequent creditors and bona fide purchasers without notice.

Davidson Supreme Court

State of Tennessee v. Charles Damien Darden
M1996-00044-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Judge Robert B. Wedemeyer

We granted this appeal to decide (1) whether the circuit court had jurisdiction over criminal charges that were not addressed in juvenile court during the transfer hearing; and (2) whether the amendment to Tennessee Code Annotated section 37-1- 159(d) (Supp. 1999), generally eliminating the requirement for an acceptance hearing, is unconstitutional. After examining the record and considering the arguments of the parties and applicable law, we conclude that the circuit court properly exercised jurisdiction over the criminal charges transferred from juvenile court as well as over the additional charges found in the grand jury’s indictment. In addition, we conclude that the General Assembly did not act unconstitutionally in eliminating the requirement for an acceptance hearing. Accordingly, for the reasons herein, we affirm the Court of Criminal Appeals.

Supreme Court

Gragg vs. Gragg
W1998-00734-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III

Supreme Court

State vs. Danny Spradlin
E1995-00019-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: D. Kelly Thomas, Jr.

Blount Supreme Court

State vs. Daniel
E1997-00142-SC-R11-CD
Authoring Judge: Justice Frank F. Drowota, III

Supreme Court

State vs. Daniel
E1997-00142-SC-R11-CD
Authoring Judge: Justice Frank F. Drowota, III

Supreme Court

Brown vs. Wal-Mart
M1997-00138-SC-R11-CV
Authoring Judge: Justice E. Riley Anderson

Lawrence Supreme Court

State vs. Howard Brown
E1995-00017-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.

Knox Supreme Court

State vs. Howard Brown
E1995-00017-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.

Supreme Court

Ashe vs. Radiation Oncology Assoc., et al
M1997-00036-SC-R11-CV

Supreme Court

Lamar Fletcher v. State of Tennessee
W1998-00120-SC-R11-RL
Authoring Judge: Justice William M. Barker

In this appeal we address two primary issues: (1) whether an indigent party is liable for payment of outstanding litigation taxes levied under Tennessee Code Annotated section 67-4-602 (1998), and (2) whether the Tennessee Department of Correction had authority to withdraw money from an inmate’s trust account to pay a distress warrant. For the reasons stated herein, we hold that indigent parties become liable for litigation taxes when taxed by the court and that the Tennessee Department of Correction has the authority to deduct money from an inmate trust fund to satisfy a distress warrant. We affirm the judgment of the Court of Appeals.

Jackson Supreme Court