TBALink Opinion-Flash

February 25, 1998 -- Volume #4 -- Number #037

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

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

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George Dean
TBALink Chief Editor


JAMES V. PEELER
VS.                                        
METHODIST MEDICAL CENTER

Court:TSC - Workers Comp Panel

Attorneys:

For Appellant:                      For Appellee:

John T. Johnson, Jr.                George H. Buxton, III
Kramer, Rayson, Leake, Rodgers      Buxton Law Office
& Morgan                            Oak Ridge, 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 appellant contends
the trial court erred (1) in finding a causal relationship between the
claimant's employment and his injury and (2) in finding the claimant
will retain permanent partial disabilities of forty-five percent to
the right arm and thirty percent to the left arm.  As discussed below,
the panel has concluded the judgment should be affirmed.

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

MICHAEL LEE PROFFITT
VS.
SUPERIOR INDUSTRIES, INC.

Court:TSC - Workers Comp Panel

Attorneys:

For Appellant:                              For Appellee:

Steven H. Trent                             Greg Holt
Baker, Donelson, Bearman & Caldwell         Seaton, Holt & Herrin
Johnson City, Tennessee                     Johnson City, 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 employer has appealed
from an adverse judgment, contending the award of permanent partial
disability benefits is excessive.  The employee contends the appeal is
frivolous.  As discussed below, the panel has concluded the judgment
should be affirmed.

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

ULYES WILLIAMS
VS.                          
CITY OF KNOXVILLE

Court:TSC - Workers Comp Panel

Attorneys: 

For Appellant:                    For Appellee:

George T. Underwood               J. Randolph Humble
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 City of Knoxville
contends (1) the claim is barred by the statute of limitations and (2)
the trial court erred in not accepting the opinion testimony of the
treating physician.  The claimant contends the trial court erred in
allowing credit for overpaid temporary total disability benefits.  The
panel has concluded the judgment should be affirmed.

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

THE KNOXVILLE NEWS- 
SENTINEL
vs.
THOMAS DEE HUSKEY

In Re:                                  
STATE OF TENNESSEE
vs.
THOMAS DEE HUSKEY

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

HERBERT S. MONCIER              RICHARD L. HOLLOW
Suite 775 Nationsbank Ctr       NATHAN D. ROWELL
550 Main Street                 Watson, Hollow & Reeves, PLC
Knoxville, TN 37902             1700 First Tennessee Plaza
                                Knoxville, TN 37901-0131
GREGORY P. ISAACS
Suite 280 One Centre Sq.        JOHN KNOX WALKUP
Knoxville, TN 37901             Attorney General and Reporter

                                JOHN H. BAKER, III
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                RANDALL E. NICHOLS
                                District Attorney General
                                City-County Building
                                Knoxville, TN 37902
                          
Judge:SMITH

First Paragraph:

In this interlocutory appeal taken pursuant to Tennessee Rule of
Appellate Procedure 9, the Appellant, Thomas Dee Huskey, asks this
Court to reverse the decision of the Knox County Criminal Court
allowing Intervenor-Appellee, the Knoxville News-Sentinel,
(hereinafter KNS), to inspect previously sealed summary cover sheets
of attorney fee and expense claims which set forth the total fees and
expenses paid to defense counsel out of public funds dedicated for use
in representing indigent criminal defendants.  The trial court also
ordered unsealed those documents reflecting the total amounts paid out
for the services of expert witnesses in the defense of the case. 
Detailed attorneys fee and expense claims, motions and orders dealing
with authorization of expert services, and detailed time sheets of
undisclosed defense experts were left sealed and unavailable for
public or press inspection.

URL:http://www.tba.org/tba_files/TCCA/huskeyth_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
DARRELL KENNETH McCONNELL

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

PAUL G. WHETSTONE
502 N. Jackson Street
Morristown, TN  37814-3915
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

TIMOTHY F. BEHAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

C. BERKELEY BELL, JR.
District Attorney General

JOHN F. DUGGER, JR.
Assistant District Attorney General
Hamblen County Justice Ctr.
510 Allison Street
Morristown, TN  37814                         

Judge:SMITH

First Paragraph:

The defendant, Darrell Kenneth McConnell, pled guilty in the Hamblen
County Circuit Court to one (1) count of Class D criminal simulation
and six (6) counts of Class E criminal simulation.  The trial court
denied alternative sentencing and imposed concurrent sentences of two
(2) years and one (1) day for the Class D felony and one (1) year for
each of the Class E felonies.  On appeal, defendant challenges the
trial court's denial of alternative sentencing.  We affirm the
judgment of the trial court.

URL:http://www.tba.org/tba_files/TCCA/mccondk_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
DWIGHT D. WINN

Court:TCCA

Attorneys: 

For Appellant:                  For Appellee:

Paul G. Whetstone               John Knox Walkup 
502 North Jackson Street        Attorney General and Reporter
Morristown, TN  37814
                                Michael J. Fahey, II
                                Assistant Attorney General
                                425 Fifth Avenue North 
                                Second Fl., Cordell Hull Bldg
                                Nashville, TN  37243
                        
                                Victor Vaughn
                                Asst District Attorney General
                                510 Allison Street
                                Morristown, TN  37814
                         
Judge:WADE

First Paragraph:

The defendant, Dwight D. Winn, pled guilty to simple possession of
marijuana, a Class A misdemeanor, reserving a certified question of
law for appeal. Tenn. R. Crim. P. 37(b)(2)(i).  The trial court
imposed a sentence of eleven months and twenty-nine days and fined the
defendant two hundred fifty dollars.

URL:http://www.tba.org/tba_files/TCCA/winndd_opn.WP6

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