Memorial Day

Same gave all. Please remember them this weekend.

The Federalist Papers

Here's a link to an online version of The Federalist Papers (a.k.a. The Federalist), to wit:

http://usgovinfo.about.com/library/fed/blfedindex.htm##5

Peer-Review Privilege in Tennessee

The Tennessee Supreme Court issued opinions today concerning the peer-review privilege and its effects, to wit:

Lee Med., Inc. v. Beecher, No. M2008-02496-SC-S09-CV (Tenn. May 24, 2010):

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/102/SC%20Lee%20Medical%20v%20Paula%20Beecher%20etal%20opn.pdf

Here’s the dissent by Justice Wade and Chief Justice Holder:

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/102/SC%20Lee%20Medical%20v%20Paula%20Beecher%20etal%20dis.pdf


Powell v. Cmty. Health Sys., Inc., No. E2008-00535-SC-R11-CV (Tenn. May 24, 2010):

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/102/SC%20Kimberly%20Powell%20v%20Community%20Health%20Sys%20etal%20opn.pdf

Here’s the separate opinion by Justice Wade where he concurs in part and dissents in part:

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/102/SC%20Kimberly%20Powell%20v%20Community%20Health%20Sys%20etal%20con.pdf

Discretionary Costs

The Western Section of the Tennessee Court of Appeals just issued its opinion in Wade v. Vabnick, No. W2009-02273-COA-R3-Cv (Tenn. Ct. App. May, 24, 2010). This case is a medical malpractice case that was non-suited in state court and re-filed in federal court. One of the defendants, a physician, filed a motion seeking over $30,000 in discretionary costs with the state trial court, which was granted. The Court of Appeals winnowed the costs down to $3,851.15 because some of the costs sought by the defendant are not allowed under Rule 54.04 of the Tennessee Rules of Civil Procedure.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/102/Wlla%20G%20A%20Wade%20v%20Felice%20A%20Vabnick%20MD%20OPN.pdf

Our Liberty or Our Safety?

It was true over 200 years ago, and it still is today, to wit:

[S]afety from external danger is the most powerful director of national conduct. Even the ardent love of liberty will, after a time, give way to its dictates. The violent destruction of life and property incident to war, the continual effort and alarm attendant on a state of continual danger, will compel nations the most attached to liberty to resort for repose and security to institutions which have a tendency to destroy civil and political rights. To be more safe, they at length become willing to run the risk of being less free.

The Federalist No. 8 (A. Hamilton).

I would prefer to give up neither. That is the tricky part.

Tennessee Healthcare Facility Information

Do you need an address or other information about a healthcare facility in Tennessee? If so, this link will help you out:

http://health.state.tn.us/HCF/Facilities_Listings/facilities.htm

Model Voir Dire Questions

Below is a link to model voir dire questions from the State of New Jersey. While I'd change the questions a little bit, overall, they are sufficient. I think they offer a good outline for coming up with your own voir dire questions.

https://www.judiciary.state.nj.us/attorneys/assets/attyresources/jurorselectionquestions.pdf

Criminal Law: Sentencing in Tennessee

The Tennessee Supreme Court recently issued its opinion in Davis v. State, No. M2009-00011-SC-R11-HC (Tenn. May 7, 2010). The opinion contains a good analysis of criminal sentencing in Tennessee state courts among other things.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/102/SC%20Terrance%20Lavar%20Davis%20v%20State%20OPN.pdf

Here's a link to the concurring opinion of Justice Wade, which Chief Justice Holder joined, to wit:

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/102/SC%20Terrance%20Lavar%20Davis%20v%20State%20CON1.pdf

Here's a link to the concurring opinion of Justice Lee, to wit:

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/102/SC%20Terrance%20Lavar%20Davis%20v%20State%20CON2.pdf

An Interesting Case: Violation of a City Ordinance

This appeal discusses the violation of a city ordinance and the law governing it. It's an interesting read (I don't want to give it away). The case is City of Murfreesboro v. Norton, No. M2009-02105-COA-R3-CV (Tenn. Ct. App. May 6, 2010).

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/102/Murfreesboro%20v%20Thomas%20L%20Norton%20OPN.pdf

Criminal Law: Sentencing in Tennessee

The Tennessee Court of Criminal Appeals recently issued its opinion in State v. Davis, No. M2008-01216-CCA-R3-CD (Tenn. Crim. App. Apr. 19, 2010). It offers a good discussion on criminal sentencing in Tennessee.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/tcca/PDF/102/State%20v%20Christopher%20Lee%20Davis.pdf

Say a Prayer for Nashville

We received more rain in a two-day period this past weekend than we have ever received. The flooding and its effects are having a huge impact on our city. Here's a link to a story from MSNBC about what has happened, to wit:

http://www.msnbc.msn.com/id/36891589/ns/weather/

Say a prayer for Nashville, folks. We need it.

Stats on Tennessee State Court Judges

Interested in the number of cases appealed from a particular Tennessee state court? Interested in a judge's case load? Here's a link to a site that has this information, to wit:

http://www.tncourts.gov/JudgeStats/Default.aspx