SUPREME COURT OPINIONS

State vs. Dewayne Butler, Fredrick D. Butler, and Eric D. Alexander
02S01-9711-CR-00094

Shelby Supreme Court

The City of White House vs. Whitley
01S01-9711-CH-00259

Sumner Supreme Court

The City of White House vs. Whitley
01S01-9711-CH-00259

Robertson Supreme Court

State of Tennessee v. Chrysta Gail Pike
03S01-9712-CR-00147
Authoring Judge: Justice Frank W. Drowota, III
Trial Court Judge: Judge Mary Beth Lebowitz

In this capital case, the defendant, Christa Gail Pike, was convicted of premeditated first degree murder and conspiracy to commit first degree murder. Following a sentencing hearing on the conviction for first degree murder, the jury found two aggravating circumstances: (1) “[t]he murder was especially heinous, atrocious or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death;” and (2) “[t]he murder was committed for the purpose of avoiding, interfering with or preventing a lawful arrest or prosecution of the defendant or another.” Tenn. Code Ann. § 39-13-204(i)(5) and (6) (1997 Repl.). Finding that the two aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt, the jury sentenced the defendant to death by electrocution. With respect to the defendant’s conviction of conspiracy to commit first degree murder, the trial judge imposed a consecutive twenty-five-year sentence.

Knox Supreme Court

Barbara White as the Administratrix of the Estate of Earl R. White, deceased v. William H. Lawrence, M.D.
02S01-9701-CV-00007
Authoring Judge: Per Curiam
Trial Court Judge: Judge Julian P. Guinn

The Court has considered the Petition for Rehearing filed by the defendant/appellee, and it is the decision of a majority of this Court that the petition is without merit. The Petition for Rehearing is denied.

Supreme Court

Citicorp Mortgage, Inc. v. John P. Roberts
02S01-9712-CH-00109
Authoring Judge: Justice Frank W. Drowota, III
Trial Court Judge: Chancellor Neal Small

In this legal malpractice action, the defendant, John P. Roberts, appeals from the Court of Appeals’ reversal of summary judgment entered by the trial court in his favor based on the expiration of the statute of limitations. The issue for our determination is whether the present action is barred by the one-year statute of limitations applicable to legal malpractice actions, Tenn. Code Ann. § 28-3-104.1 After carefully examining the record before us and considering the relevant authorities, we conclude that the instant suit is time-barred. Accordingly, for the reasons explained hereafter, the decision of the Court of Appeals to reverse the trial court’s grant of summary judgment to the defendant is reversed.

Shelby Supreme Court

John Kohl & Company P.C. v. Dearborn & Ewing, a Tennessee General Partnership, and Dan E. Huffstutter
01S01-9711-CV-00255
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Judge Thomas W. Brothers

In this legal malpractice action, the plaintiffs, John Kohl & Company P.C., John B. Kohl, III and Helen H. Kohl, Individually, and John B. Kohl, III, Trustee, as Trustee of the John Kohl & Company, P.C. Profit Sharing Plan, (collectively referred to as the “plaintiffs”), appeal from the Court of Appeals’ decision affirming the trial court’s finding that the statute of limitations barred the plaintiffs’ recovery for negligently provided legal advice pertaining to certain business matters. The plaintiffs have also appealed from the denial of legal fees associated with prosecuting this action against the defendant, Dearborn and Ewing, and one of its associates, Dan Huffstutter. The issues before us are: (1) whether certain of the plaintiffs’ claims are barred by the one-year statute of limitations applicable to legal malpractice actions, see Tenn. Code Ann. § 28-3-104, and (2) whether the plaintiffs are entitled to recover legal fees associated with prosecuting this action. For the reasons explained hereafter, the decision of the Court of Appeals is affirmed.

Davidson Supreme Court

State vs. Dennis Keith and Timothy Collins
02S01-9604-CC-00035

Supreme Court

Ruff vs. State
03S01-9711-CC-00140

Blount Supreme Court

State vs. Clarence C. Nesbit
02S01-9705-CR-00043

Shelby Supreme Court

State vs. Dennis Keith and Timothy Collins
02S01-9604-CC-00035

Madison Supreme Court

State vs. Clarence C. Nesbit
02S01-9705-CR-00043
Trial Court Judge: Arthur T. Bennett

Shelby Supreme Court

State vs. Quintero and Hall
01S01-9703-CC-00068
Trial Court Judge: Allen W. Wallace

Humphreys Supreme Court

Alexander, et. al. vs. Inman
01S01-9705-CH-00103

Davidson Supreme Court

Frances Blanchard vs. Arlene Kellum, D.D.S.
02S01-9709-CV-00083

Supreme Court

State vs. Williams
03S01-9706-CR-00060

Hamilton Supreme Court

03S01-9706-CR-00068
03S01-9706-CR-00068

Supreme Court

State vs. Quintero and Hall
01S01-9703-CC-00068

Humphreys Supreme Court

State vs. Quintero and Hall
01S01-9703-CC-00068

Humphreys Supreme Court

General Electric Co. vs. Process Control Co.
01S01-9707-FD-00148

Supreme Court

Dennis Dykes vs. Billy Compton, Warden
02S01-9711-CC-00105

Lake Supreme Court

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Supreme Court

State vs. Dewayne Butler, Fredrick D. Butler, and Eric D. Alexander
02S01-9711-CR-00094
Trial Court Judge: Joseph B. Dailey

Shelby Supreme Court

Ann C. Short v. Charles E. Ferrell in his official capacity as the Administrative Director of the Courts
01S01-9704-OT-00078
Authoring Judge: Justice Janice M. Holder

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.

Davidson Supreme Court

Herbert S. Moncier v. Charles E. Ferrell, in his capacity as the Administrave Director of the Courts
01S01-9704-OT-00079
Authoring Judge: Justice Janice M. Holder

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. In November of 1992, the petitioner, Herbert S. Moncier, and a second attorney were appointed pursuant to Tenn. R. Evid. 13 to represent Huskey. Tennessee Rules of the Supreme Court, Rule 13 § 1 permits appointment of two attorneys for one defendant in capital cases. The petitioner sought additional reimbursement in the trial court for two additional attorneys, for paralegals and for various other expenses. The trial judge entered an order granting reimbursement for two additional attorneys not to exceed $ 10,000.00 and for paralegals at $ 15 per hour not to exceed $ 5,000.00. The order was entered nunc pro tunc to the date of the petitioner's appointment.

Supreme Court