Supreme Court Opinions

Format: 05/27/2017
Format: 05/27/2017
Page G. Stuart v. State of Tennessee, Dept. of Safety
01-S-01-9612-CH-00239
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Chancellor Irvin H. Gilcrease, Jr.

During a wide-ranging investigation, law enforcement officers located and seized several items of property thought to be used in the conduct of an illegal drug enterprise. Criminal charges followed the several seizures, and Page Stuart, the appellant, pleaded guilty to offenses involving delivery and conspiracy to deliver large quantities of marijuana. The State thereafter instituted administrative proceedings under Tenn. Code Ann. § 53-11-201 et seq. (1991 & Supp. 1992) for the forfeiture of the property seized. Although Stuart challenged the forfeiture of some of the property,1 he was not successful, and both the Chancery Court and the Court of Appeals upheld the forfeiture. We granted Stuart’s application for review under Rule 11

Davidson County Supreme Court 03/02/98
State vs. Hoxie
03S01-9706-CR-00061
Authoring Judge:
Trial Court Judge:
Knox County Supreme Court 02/23/98
Geneva Grahl vs. Lillie Davis, Et al
03S01-9701-CV-00011
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Trial Court Judge:
Supreme Court 02/23/98
State vs. Irwin
03S01-9702-CC-00021
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Trial Court Judge:
Blount County Supreme Court 02/23/98
State vs. Grapel Simpson
02S01-9702-CC-00010
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Trial Court Judge:
McNairy County Supreme Court 02/23/98
Samuelson vs. Totty
01S01-9702-CV-00025
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Trial Court Judge:
Supreme Court 02/17/98
State vs. Vineyard
03S01-9612-CR-00120
Authoring Judge:
Trial Court Judge:
Supreme Court 02/17/98
Franklin Jones vs. Sterling Last Corp.
02S01-9606-CH-00057
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Trial Court Judge:
Supreme Court 02/17/98
State vs. Glenn Bernard Mann
02S01-9609-CC-00077
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Trial Court Judge:
Supreme Court 02/17/98
01S01-9705-CV-00100
Authoring Judge:
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Supreme Court 02/17/98
Henley vs. State
01S01-9703-CC-00056
Authoring Judge:
Trial Court Judge: J. O. Bond
Supreme Court 01/26/98
Stateof Tennessee v. Michael Joe Boyd
02S01-9611-CR-00102
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Judge Joseph B. McCartie

I dissent from the majority's holding that the jury's consideration of the invalid aggravating circumstance was harmless error.  Thos not every imperfection in the deliberative process is sufficient, even in a capital case, to set aside a ... judgement, the severity of the sentence mandates careful scrutiny in the review of any colorable claim of error.

 

Supreme Court 01/05/98
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