Supreme Court Opinions

Format: 07/24/2014
Format: 07/24/2014
Can Do, Inc. Pension and Profit Sharing Plan and Successor Plans, Indiv. and as a Trustee for Georgoe W. Holder, Jr., v, Manier, Herod, Hollabaugh& Smith, C. Kinian Cosner, Jr. and H. Rowan Leathers, III
01S01-9501-CH-00013
Authoring Judge: Chief Justice E. Riley Anderson
Trial Court Judge: Chancellor Irvin Gilcrease

This case presents a question of first impression in Tennessee: whether or not a legal malpractice claim is assignable. We have determined that soundpublic policy reasons militate against allowing assignment of legal malpractice actions. We, therefore, reverse the Court of Appeals and dismiss the complaint.

Davidson County Supreme Court 05/06/96
Terry E. Wood v. State of Tennessee
01S01-9501-CC-00015
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge Donald P. Harris

We granted the application of Terry E. Wood, the defendant, for permission to appeal in order to resolve an issue of first impression in Tennessee: whether the return of a sealed presentment 1 engages an accursed person's speedy trial rights under the Sixth Amendment to the United States Constitution and Article 1, § 9 , of the Tennessee Constitution. After a thorough examination of the reocrd and careful consideration of the issue, we conclude, for reasons appearing below, that the reutnr of a presentment, whether sealed or unsealed, whether the accompanying capias is executed or unexecuted, is a formal accusation that engages constitutional speedy trial provisions. Thus, we must apply the criteria of Barkery.Wingo 2 and state b. Bishop 3 to determine whether the thirteen-year delay in this case deprived the appellant of this constitutional speedy trial rights. We find that there was no such deprivation and affirm the judgment of the Court of Criminal Appeals.

 

Williamson County Supreme Court 05/06/96
03S01-9503-CH-00027
Authoring Judge:
Trial Court Judge:
Supreme Court 04/29/96
03S01-9502-CV-00014
Authoring Judge:
Trial Court Judge: Dale C. Workman
Knox County Supreme Court 04/29/96
02S01-9504-CR-00029
Authoring Judge:
Trial Court Judge: Joseph B. Mccartie
Shelby County Supreme Court 04/29/96
01S01-9503-CH-00045
Authoring Judge:
Trial Court Judge: Robert S. Brandt
Davidson County Supreme Court 04/29/96
01S01-9505-CH-00083
Authoring Judge:
Trial Court Judge:
Supreme Court 04/22/96
Gene v. Aaby,
03S01-9507-CH-00073
Authoring Judge:
Trial Court Judge:
Supreme Court 04/22/96
Gene v. Aaby,
03S01-9507-CH-00073
Authoring Judge:
Trial Court Judge:
Supreme Court 04/22/96
01S01-9508-CH-00138
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Supreme Court 04/22/96
01S01-9504-CV-00047
Authoring Judge:
Trial Court Judge:
Supreme Court 04/22/96
02S01-9410-CR-00071
Authoring Judge:
Trial Court Judge:
Shelby County Supreme Court 04/15/96
In Re: Estate of Mary T. Austin, Deceased, Elizabeth T. Austin, v .Christy N. Austin and Robert C. Austin C., Jr.
03S01-9410-PB-00092
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Chancellor Dennis H. Inman

This case presents for review the decision of the probate court, affimred by the Court of Appeals, that the personal representative in this case may, in his discretion, distribute certain corporate stock in kind rather than sell the stock and distribute the proceeds. The decision miscontrues applicable law and is reversed.

Knox County Supreme Court 04/08/96