Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 09/14/2014
Format: 09/14/2014
Ira H. Murphy v. Board of Professional Responsibility
02S01-9503-CH-00031

The issue raised by this appeal is whether the petitioner, a disbarred attorney, has satisfied the requirements for reinstatement of his license to practice law contained in Rule 9, § 19.3, Rules of the Supreme Court, by clear and convincing proof. A Hearing Panel of the Board of Professional Responsibility concluded that the petitioner had failed to carry the burden of proof for reinstatement. The Chancery Court, however, reviewed the Hearing Panel decision and held the petitioner was entitled to "conditional reinstatement" of his license to practice law.
 

Shelby County Supreme Court 06/03/96
State of Tennessee v. Brian Keith Kimbro
02S01-9503-CR-00028

We review this cause in order to address an issue of first impression: whether attempt to commit felony-murder exists as an offense in Tennessee. We conclude that it does not and affirm the judgment of the Court of Criminal Appeals reversing the appellee's conviction.

 

 

Shelby County Supreme Court 06/03/96
Charles M. Cary, Jr. v. Cathy Ann Cary
02S01-9505-CV-00035

We granted this appeal to determine whether a provision in an antenuptial agreement by which a prospective spouse waives alimony is void because it violates public policy. The trial court held that such a provision in an antenuptial agreement, which waived alimony, was valid and enforceable and, therefore, denied the spouse’s application for alimony. The Court of Appeals, however, reversed, holding that the waiver of alimony provision was void as against public policy, and remanded to the trial court to consider whether to award alimony.

Hardeman County Supreme Court 06/03/96
Michelle Lynn Durham and husband, Robert Wayne Durham, v. Luther Well an wife, Sue Well, individually and D/B/A Webb's British Petroleum Station and W. Paul Arnold, individually and D/B/A Arnold Construction Co.
02A01-9502-CV-00033

Michelle Lynn Durham and Robert Wayne Durham (“plaintiffs” or by name)1 brought this suit in the Circuit Court of Gibson, County against Luther Webb and wife Sue Webb, individually and d/b/a Webb’s British Petroleum Station (“defendants”),2 seeking damages for defendant’s alleged negligence that caused plaintiff Michelle Durham to fall in defendant’s parking lot, causing injuries. The trial court granted defendant’s motion for summary judgment, from which this appeal is taken. The sole issue presented is whether the trial court erred in granting defendant’s motion for summary judgment. We find no error and affirm.

Gibson County Court of Appeals 06/03/96
State of Tennesee v. Mario Lamont Wilson
02S01-9505-CC-00045

A jury convicted defendant, Mario Lamont Wilson, of three counts of aggravated assault and of felony reckless endangerment and possession of a deadly weapon with the intent to commit a felony. The Court of Criminal Appeals affirmed Wilson’s felony reckless endangerment conviction and sentence, but reversed and dismissed the convictions for aggravated assault and possession of a deadly weapon. We granted permission to appeal to consider whether the Court of Criminal Appeals erred when it dismissed Wilson’s convictions for aggravated assault.1 Although we conclude that Wilson’s convictions for aggravated assault may not stand, we do not adopt entirely the reasoning of the Court of Criminal Appeals. Rather, we affirm the dismissal of the aggravated assault charges because the evidence is insufficient to prove that Wilson intentionally and knowingly caused another to reasonably fear imminent bodily injury.

Madison County Supreme Court 06/03/96
Lillian D. Vega-Horta, et al., v. Wyeth-Ayerst Laboratories Company, et al.
03A01-9706-CV-00226

Plaintiff, Lillian Vega-Horta (“plaintiff”), appeals the judgment of the trial court granting defendant’s, St. Mary’s Medical Center (“St. Mary’s”) Motion for Summary Judgment. For reasons state hereinafter, we affirm the trial court’s judgment.

Knox County Court of Appeals 06/01/96
01A01-9505-CH-00218
Court of Appeals 05/31/96
01A01-9512-CH-00562
Warren County Court of Appeals 05/31/96
Vicky v. Klein
01A01-9601-CV-00043
Davidson County Court of Appeals 05/31/96
02A01-9410-CH-00232
Dyer County Court of Appeals 05/31/96
02A01-9411-CV-00255
Shelby County Court of Appeals 05/31/96
02A01-9412-CV-00269
Madison County Court of Appeals 05/31/96
02A01-9412-CV-00269
Madison County Court of Appeals 05/31/96
The Recent Case of Gene v. Aaby v. Judy Aaby Strange, ____S.W.2D____,
03A01-9511-CV-00403
Bradley County Court of Appeals 05/30/96
03A01-9512-CV-00448
Court of Appeals 05/30/96
03A01-9601-CH-00033
Court of Appeals 05/30/96
03A01-9601-CV-00003
Court of Appeals 05/30/96
Ester v. Hayes And
03A01-9602-CV-00054
Court of Appeals 05/30/96
03C01-9503-CR-00075
Greene County Court of Criminal Appeals 05/30/96
03C01-9508-CC-00228
Claiborne County Court of Criminal Appeals 05/30/96
State vs. Joseph Tipler
W2000-00168-CCA-R3-PC
The petitioner appeals the trial court's dismissal of his petition for post-conviction relief. The record supports the trial court's determination that the petitioner failed to establish his claims that he received ineffective assistance of counsel when trial counsel (1) failed to obtain a transcript of the preliminary hearing and (2) failed to move for a severance of offenses. Accordingly, we affirm.
Shelby County Court of Criminal Appeals 05/30/96
03C01-9507-CR-00206
Knox County Court of Criminal Appeals 05/29/96
Christopher v. Sockwell
01S01-9408-CV-00090
Supreme Court 05/28/96
02A01-9411-CH-00261
Shelby County Court of Appeals 05/28/96
02A01-9411-CH-00262
Shelby County Court of Appeals 05/28/96