The Return of Seized Property Under T.C.A. § 39-11-709

The Court of Appeals issued an interesting opinion today in McWhorter v. Selby, M2008-01502-COA-R3-CV (Tenn. Ct. App. Nov. 9, 2009). It has to do with the return of property seized by state authorities. Here is the summary of the opinion:

This appeal concerns the return of seized property. In the course of a criminal investigation, the respondents seized personal property from the petitioner. After a year passed with no forfeiture proceeding, the petitioner filed a petition for the return of his seized property, pursuant to Tennessee Code Annotated § 39-11-709. The respondents filed a motion to dismiss or for summary judgment, asserting that they no longer had possession of the property. The trial court granted the motion. The petitioner now appeals. We reverse and remand, finding that the petition was correctly filed in the county in which the property was seized, that it correctly named as the respondents the parties who seized the property, and that the respondents were not entitled to dismissal of the petition on the basis that the respondents had transferred possession of the property.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/094/James%20C%20McWhorter%20v%20Allen%20Selby%20and%20Sparta%20opn.pdf

Manual on Recurring Problems in Criminal Trials

This is a good resource from the late Judge Vorhees and the Federal Judicial Center, to wit: Donald S. Vorhees, Fed. Judicial Ctr., Manual on Recurring Problems in Criminal Trials (2001), available at http://www.fjc.gov/public/pdf.nsf/lookup/ManRecPr.pdf/$file/ManRecPr.pdf

Criminal Law: Probable Cause

This is a rare post to this blog because it has to do with criminal law. However, it's an important case from the Tennessee Supreme Court on probable cause, to wit: State v. Saine, No. M2007-01277-SC-R11-CD (Tenn. Nov. 4, 2009).

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/094/SC%20State%20v%20Cedric%20Ruron%20Saine%20opn.pdf

Article on Balance Billing

Here's an AP article from the Miami Herald on balance billing:

http://www.miamiherald.com/news/florida/AP/story/1314183.html

Medical Malpractice: Plaintiff Fails to Survive Summary Judgment

The Tennessee Court of Appeals issued its opinion today in Range v. Sowell, No. M2006-02009-COA-R3-CV (Oct. 30, 2009). The Court held that summary judgment was proper due to a number of reasons, most notably the statute of limitations.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/094/Katherine%20Range%20v%20CM%20Sowell%20Jr%20DDS%20Opn.pdf

There is also discussion in Range on discretionary costs.

Wrongful Death vs. Non-Fatal Personal Injury to the Deceased

The Court of Appeals issued its opinion in Timmins v. Lindsey, No. M2009-00500-COA-R3-CV (Tenn. Ct. App. Oct. 29, 2009). This case discusses the difference between a wrongful death claim and a claim for personal injury to the deceased, which does not cause death, and how the proceeds from each claim are to be distributed.

Here's a link to the case:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/094/Timmins%20v%20Lindsey%20OPN.pdf

Medical Malpractice: Plaintiff Fails to Survive Summary Judgment on Appeal

The Eastern Section of the Tennessee Court of Appeals just issued its opinion in Estate of Cusatis v. Casey, No. E2008-01786-COA-R3-CV (Tenn. Ct. App. Oct. 28, 2009). The Court held that the plaintiff's expert failed to satisfy the requirements of Tennessee's medical malpractice act.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/094/Estate%20of%20Jeffrey%20M%20Cusatis%20v%20Robt%20R%20Casey%20MD%20opn.pdf

A Person's Character

This has to do with the law, and almost everything else too. A few years ago, a friend of mine said to me: "You can tell a lot about a person's character by how they treat people when they don't have to be nice to them." That struck a cord with me and I've never forgotten it. I doubt I ever will.

Food for thought.