Legal Opinion

In Re: A.T.S. - Concurring

Court of Appeals of Tennessee

Decided January 28, 2005No. M2004-01904-COA-R3-PTPublished

1Opinion of the Court

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs December 8, 2004 Session IN RE: A.T.S Appeal from the Chancery Court for Dickson County No. 7984-02 Robert E. Burch, Judge No. M2004-01904-COA-R3-PT - Filed January 28, 2005 WILLIAM B. CAIN , J., concurring Adhering to my longstanding view that a clear and convincing evidence standard is totally incompatible with a preponderance of the evidence standard both at the trial level and on appeal, I disagree with a portion of majority opinion dealing with such issue. After correctly stating the clear and convincing evidence rule,…

2Cases cited4 opinions

  1. Colorado v. New MexicoSupreme Court of the United States · 1984
  2. Riley Hill General Contractor, Inc. v. Tandy Corp.Oregon Supreme Court · 1987
  3. Taylor v. Commissioner of Mental Health & Mental RetardationSupreme Judicial Court of Maine · 1984
  4. Huntsinger v. Gates Rubber Co.Court of Appeals of Texas · 1941

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