Documente Academic
Documente Profesional
Documente Cultură
Webinar
Where Family Law and International Issues Collide: Relocation and
Child Abduction Issues, 60-minute webinar presented by Rebecca
McKelvey Castaneda, with Stites & Harbison in Nashville, on Wednesday,
February 25, at 2 p.m. (Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit.
For more information or to register, call (800) 727-5257 or visit us at www.mleesmith.com
COURT OF APPEALS
INSURANCE: When homeowners policy contained contractual one-year
statute of limitation, and insured filed suit 18 months after loss occurred, trial
court erred in denying insurers motion for summary judgment; under terms of
insurance policy, settlement period began when insured submitted his proof of
loss, and when insurer never denied insureds claim, insureds cause of action
accrued when settlement period or immunity period ended 60 days after insured
filed his proof of loss, and hence, one-year contractual statute of limitation had
already expired when suit was filed. Meyers v. Farmers Aid Association of
Loudon County, 12/9/14, WS at Knoxville, Armstrong, 8 pages.
http://www.tncourts.gov/sites/default/files/meyerslloydcorrected.pdf
owners of property abutting once public road continue to have private access
easement over that road to their property even after road loses its character as
public road. Webb v. Douglas, 12/9/14, WS, Bennett, 14 pages.
http://www.tncourts.gov/sites/default/files/webbbopn.pdf
CRIMINAL PROCEDURE: In murder case, trial judge did not err in denying
defendants motion to dismiss presentment based on fact that defendant was
subpoenaed to testify before grand jury before filing of her presentment; TRCrP
6 applies only to proceedings in state grand juries within State of Tennessee and
does not apply to proceedings in any federal grand jury within State of
Tennessee or elsewhere because defendant was subpoenaed to testify before
federal grand jury, TRCrP 6 was not applicable. State v. Coleman, 12/9/14,
Knoxville, Woodall, concurrence by Thomas, 25 pages.
http://www.tncourts.gov/sites/default/files/colemanvanessaopn.pdf
parents, other potential jurors from venire handed Watkins Kleenex and
expressed sympathy to her, empaneled jury then heard defendants case, which
involved testimony of child sexual abuse victim, who did not disclose alleged
abuse for some period of time after abuse occurred, and defendant was
subsequently convicted of rape and aggravated sexual battery, because victims
credibility was of extreme importance to states case and was only evidence
state had to prove its case against defendant, and delay in victims disclosure of
abuse was one area defendant could use to attack her credibility, defendants
ability to cross-examine victim on this issue was undermined by fact that jury
had just witnessed credible member of jury pool confess that she had been
abused more than 30 years before trial and had never disclosed abuse to anyone;
when juror has disclosed information during voir dire questioning that directly
lends credibility to victims testimony, jurys impartiality is compromised; trial
court abused discretion in failing to declare mistrial because impartial verdict
could not be reached by jury that had been subjected to Watkins disclosure and
had not been given instructions about how to assimilate her disclosure of abuse;
defendants convictions are reversed, and case is remanded for new trial;
although jurors (Nixs) failure to disclose that his father was tried for sexually
abusing his niece created presumption of bias, this presumption was overcome
when Nix did not deliberate with rest of jury because he was dismissed during
trial, and Nix stated that he did not discuss his fathers case with any of other
jurors. State v. Romero, 12/12/14, Knoxville, Wedemeyer, 24 pages.
http://www.tncourts.gov/sites/default/files/romerosantosopn.pdf
TRIAL COURTS
GOVERNMENT: Obligation in 42 USC 1320a-7k(d) to report and return
overpayments is not limited to fraudulent taking or concealing of funds from
government; regardless of whether funds of overpayment came into persons
If you would like a copy of the full text of any of these opinions, simply
click on the link provided or, if no link is provided, you may respond to
this e-mail or call us at (615) 661-0248 in order to request a copy. You may
also view and download the full text of any state appellate court decision by
accessing the states web site by clicking here: http://www.tncourts.gov