Supreme Court Opinions

Format: 03/06/2015
Format: 03/06/2015
Kenneth McDaniel v. CSX Transportation, Inc.
01S01-9605-CV-00095
Authoring Judge: Per Curiam
Trial Court Judge:

The defendant has filed a petition for rehearing of this appeal pursuant to Tenn. R. App. P. 39. We have considered all of the arguments raised in the petition and have found them to be without merit. Accordingly, it is ORDERED that the petition for rehearing is denied.
 

Davidson County Supreme Court 12/08/97
State of Tennessee v. Andre S. Bland - Concurring/Dissenting
02S01-9603-CR-00032
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Judge Arthur T. Bennett

The issues before the Court and sufficiency of the evidence and comparative propottionality of the sentence of death. I agree with the majority that the evidence is sufficient to support the jury's finding of premeditation, that the evidence is sufficient to support the jury's finding of torture (i.e. the "infliction of severe physical or mental pain upon the victim while he or she remains conscious"), and the aggravating circumstance outweighs the mitigating circumstances. However, I would find that the sentence of death is disproportionate.

 

Shelby County Supreme Court 12/01/97
State of Tennessee v. Andre S. Bland
02S01-9603-CR-00032
Authoring Judge: Justice Frank W. Drowota, III
Trial Court Judge: Judge Arthur T. Bennett

In this capital case, the defendant, Andre S. Bland, was convicted of premeditated first degree murder, attempted aggravated robbery, especially aggravated robbery, and attempted first degree murder.1 In the sentencing hearing, the jury found one aggravating circumstance: “[t]he murder was especially heinous, atrocious or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death.” Tenn. Code Ann. § 39-13-204(I)(5) (1991 Repl. & 1996 Supp.). Finding that the aggravating circumstance outweighed mitigating circumstances beyond a reasonable doubt, the jury sentenced the defendant to death by electrocution.

Shelby County Supreme Court 12/01/97
State of Tennessee v. Andre S. Bland - Concurring/Dissenting
02S01-9603-CR-00032
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge Arthur T. Bennett

I concur, in principle, with Justice Reid’s dissent. I would, however, increase the pool of similar cases to include all cases in which a trial judge’s report is required by Supreme Court
Rule 12.1 The majority chose to exclude from the proportionality review pool all cases in which the State did not seek the death penalty and all cases in which no capital sentencing hearing was
held. In my view, this exclusion discourages a more meaningful proportionality analysis.

Jackson County Supreme Court 12/01/97
Tennessee Municipal League vs. Brook Thompson
01S01-9711-CH-00242
Authoring Judge:
Trial Court Judge:
The ruling listed above is the Order regarding the "Tiny Towns" legislation. The full opinion will be published at a later date.
Supreme Court 11/25/97
Carl Nelson vs. Harold Eugene Martin & Jack W. Gammon
02S01-9604-CV-00036
Authoring Judge:
Trial Court Judge:
Supreme Court 11/24/97
State vs. Yeargan
01S01-9604-CC-00080
Authoring Judge:
Trial Court Judge:
Supreme Court 11/24/97
State vs. Yeargan
01S01-9604-CC-00080
Authoring Judge:
Trial Court Judge:
Supreme Court 11/24/97
03S01-9512-CC-00133
Authoring Judge:
Trial Court Judge:
Sevier County Supreme Court 11/17/97
State vs. Charles A. Pinkham, Jr.
02S01-9611-CR-00096
Authoring Judge:
Trial Court Judge:
Supreme Court 11/17/97
Hutton vs. Johnson
01S01-9705-CH-00101
Authoring Judge:
Trial Court Judge: James L. Weatherford
Giles County Supreme Court 11/17/97
State vs. Utley
01S01-9604-CR-00120
Authoring Judge:
Trial Court Judge:
Supreme Court 11/17/97
03A01-9704-CV-00111
Authoring Judge:
Trial Court Judge:
Hamilton County Supreme Court 11/14/97