TBALink Opinion-Flash

September 8, 1998 -- Volume #4 -- Number #131

What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
03-New Opinons From TSC
00-New Opinons From TSC-Rules
01-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
00-New Opinons From TCCA

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Lucian T. Pera
Editor-in-Chief, TBALink



STATE OF TENNESSEE
VS.
JAMES BLANTON

Court:TSC

Judge:HOLDER

First Paragraph:

Appellant James Blanton has filed a petition to rehear in this cause
pursuant to Tenn. R. App. R. 39 contending that our opinion is in
conflict with established federal and state constitutional law.

URL:http://www.tba.org/tba_files/TSC/blantonj_reh.WP6
Opinion-Flash

HERBERT S. MONCIER
VS.
CHARLES E. FERRELL, IN HIS
CAPACITY AS THE ADMINISTRATIVE
DIRECTOR OF THE COURTS

Court:TSC

Attorneys: 

FOR PETITIONER:             FOR RESPONDENT:

HERBERT S. MONCIER          JOHN A. DAY
KNOXVILLE                   NASHVILLE                        

Judge:HOLDER

First Paragraph:

The defendant, Thomas Dee Huskey, has been charged on four counts of
murder, eleven counts of rape, fourteen counts of kidnapping and three
counts of robbery.  The State filed notice of intention to seek the
death penalty.

URL:http://www.tba.org/tba_files/TSC/moncierh_opn.WP6
Opinion-Flash

ANN C. SHORT
VS.
CHARLES E. FERRELL,
in his official capacity as the
Administrative Director of the Courts

Court:TSC

Attorneys:  

FOR PETITIONER:             FOR RESPONDENT:

ANN C. SHORT                JOHN A. DAY
KNOXVILLE                   NASHVILLE                        

Judge:HOLDER

First Paragraph:

This cause comes to us on a common law writ of certiorari to review a
fee dispute in a post-conviction proceeding involving an indigent
defendant, David McNish.  The issue is whether an attorney appointed
to review the records in a post-conviction proceeding may exceed the
maximum allowable rates for attorneys representing indigent
defendants.  We hold that:  (1)  Tenn. Sup. Ct. R. 13 (1996) required
an attorney performing services as an "expert" to obtain prior
approval for an hourly rate in excess of the hourly rate provided for
attorneys in Rule 13; and (2)  the trial court should have explicitly
set forth the approved "expert" hourly rate in its order if such rate
was intended to exceed the normal hourly rate provided for attorneys
in Rule 13.

URL:http://www.tba.org/tba_files/TSC/shortann_opn.WP6
Opinion-Flash

WILLA DEAN VALENTINE
VS.   
HEEKIN CAN, INC.

Court:TSC - Workers Comp Panel

Attorneys: 

For Appellant:                       For Appellee:

James T. Shea                        William G. Ball
Knoxville, Tennessee                 Knoxville, Tennessee                         

Judge:Loser

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law.  The issue for review is
whether the claim is barred by Tenn. Code Ann. section 50-6-203, a
statute of limitations.  As discussed below, the panel has concluded
the judgment should be affirmed.

URL:http://www.tba.org/tba_files/TSC_WCP/valevhee_opn.WP6
Opinion-Flash

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