Supreme Court Opinions

Format: 07/02/2015
Format: 07/02/2015
Marvin McCarley and Ellyse McCarley v. West Food Quality Service d/b/a Kentucky Fried Chicken
02S01-9610-CV-00085
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge Jon Kerry Blackwood

The plaintiffs, Marvin and Ellyse McCarley, appeal the summary dismissal of their complaint alleging that Mr. McCarley received food poisoning after ingesting food improperly prepared by the defendant, Kentucky Fried Chicken. The trial court granted the defendant's motion for summary judgment. The Court of Appeals affirmed and held that the plaintiffs' proof was insufficient to establish the element of causation. We granted appeal to address: (1) the Court of Appeals' analysis in summary judgment dispositions; and (2) the quantum and type of proof plaintiffs must proffer to survive summary dismissal in negligent food poisoning cases. Upon review, we reverse and remand for further proceedings consistent with this opinion.1
 

Supreme Court 01/05/98
State of Tennessee v. Michael Joe Boyd
02S01-9611-CR-00102
Authoring Judge: Chief Justice E. Riley Anderson
Trial Court Judge: Judge Joseph B. McCartie

The issue in this post-conviction death penalty appeal is whether the jury’s reliance on an invalid aggravating circumstance was harmless error, or whether resentencing is required because there is reasonable doubt that the sentence would have been the same had the jury given no weight to the invalid aggravating factor. The jury relied on a valid aggravating factor, that the defendant had a prior conviction for a violent felony offense (second-degree murder), and an invalid aggravating circumstance, that the victim was killed during the commission of a felony.1

Shelby County Supreme Court 01/05/98
State vs. Ray Anthony Bridges
02S01-9606-CC-00053
Authoring Judge:
Trial Court Judge:
Supreme Court 12/31/97
Hawks vs. City of Westmoreland
01S01-9704-CV-00083
Authoring Judge:
Trial Court Judge:
Supreme Court 12/31/97
State vs. Vineyard
03S01-9612-CR-00120
Authoring Judge:
Trial Court Judge:
Supreme Court 12/29/97
State of Tennessee v. William F. Carico
03S01-9610-CR-0009
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Judge James E. Beckner

The application for permission to appeal from the convicition of aggravated rape and a Range I sentence of 25 years was granted in part, to consider two of the several issues decided by the Court of Criminal Appeals, which affirmed the conviction and the sentence.  In those isues, the appellant insists that the delay in initiating the prosecution was a violation of his constitutional rights to a speedy trial and due process and that the sentence imnposed is excellive.  The conviction and the sentence are affirmed.

Supreme Court 12/29/97
State vs. Cleveland
03S01-9612-CR-00118
Authoring Judge:
Trial Court Judge:
Supreme Court 12/29/97
State vs. Winningham
01S01-9701-CC-00008
Authoring Judge:
Trial Court Judge:
Pickett County Supreme Court 12/29/97
01S01-9611-CR-00227
Authoring Judge:
Trial Court Judge:
Sumner County Supreme Court 12/29/97
Turner vs. Jordan, M.D.
01S01-9609-CV-00179
Authoring Judge:
Trial Court Judge:
Supreme Court 12/29/97
Billy Castleman vs. Ross Engineering, Inc.
02S01-9703-CV-00018
Authoring Judge:
Trial Court Judge:
Supreme Court 12/22/97
State vs. David Willard Phipps, Jr.
02S01-9607-CC-00068
Authoring Judge:
Trial Court Judge:
Supreme Court 12/22/97
State vs. David Willard Phipps, Jr.
02S01-9607-CC-00068
Authoring Judge:
Trial Court Judge:
Henry County Supreme Court 12/22/97