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TBALink Opinion-Flash
November 18, 1997 -- Volume #3 -- Number #120
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):
- 02-New Opinons From TSC
- 01-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 02-New Opinons From TCA
- 03-New Opinons From TCCA
- 02-New Opinons From TSC
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version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
George Dean
TBALink Chief Editor
STATE OF TENNESSEE vs. CHARLES A. PINKHAM, JR. Court:TSC Attorneys: For Appellant: For Appellee: LARRY RICE JOHN KNOX WALKUP Memphis, TN Attorney General and Reporter MICHAEL E. MOORE Solicitor General ELIZABETH T. RYAN Assistant Attorney General Nashville, TN JUDSON W. PHILLIPS LEE V. COFFEE Assistant District Attorneys General Memphis, TN Judge:BIRCH First Paragraph: We granted the application for permission to appeal filed by Charles A. Pinkham, Jr., in order to determine the extent to which the district attorney general must disclose on the record the evidence relied upon to reject an application for pretrial diversion. URL:http://www.tba.org/tba_files/TSC/pinkham_opn.WP6
STATE OF TENNESSEE
vs.
GARY STINNETT
Court:TSC
Attorneys:
For Appellant: For Appellee:
F.D. GIBSON, III JOHN KNOX WALKUP
Maryville, TN Attorney General and Reporter
MICHAEL E. MOORE
Solicitor General
GORDON W. SMITH
Associate Solicitor General
Nashville, TN
ALFRED C. SCHMUTZER, JR.
District Attorney General
G. SCOTT GREEN
Asst District Attorney General
Sevierville, TN
Judge:BIRCH
First Paragraph:
The defendant, Gary Stinnett, was tried on a charge of aggravated rape
of his stepdaughter. A jury convicted him of aggravated sexual
battery, a lesser-included offense, and the trial court sentenced him
to twelve years in the Department of Correction. On direct appeal,
the Court of Criminal Appeals affirmed the conviction and reduced the
defendant's sentence to ten years.
URL:http://www.tba.org/tba_files/TSC/stinnetg_opn.WP6
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
November 17, 1997
Court:TSC - Rules
URL:http://www.tba.org/tba_files/TSC_RULES/statelst9_wpd.WP6
JOAN EPSTEIN
vs.
DAVID EPSTEIN
Court:TCA
Attorneys:
For Appellant For Appellee
MARTIN J. LEVITT CINDY SENTELL DEERE
Levitt & Levitt Chattanooga, Tennessee
Chattanooga, Tennessee
Judge:Susano
First Paragraph:
The trial court's judgment dissolved a marriage that had endured for
42 years. The court granted Joan Epstein ("Wife") a divorce on the
ground of inappropriate marital conduct, noting that it "d[idn't] know
how [she] put up with it as long as she did." The trial court made a
number of decrees regarding the parties' property and debts, and
awarded Wife alimony, including an allowance on her attorney's fees
and expenses. The defendant David Epstein ("Husband") appealed,
arguing that the division of property and debts is not equitable, that
the court's decrees with respect to alimony are in error, that Wife is
not entitled to an allowance on her attorney's fees and expenses, and
that the court erred in ordering a non-party -- the estate of
Husband's parents - to make his alimony payments in the event he
predeceases Wife.
URL:http://www.tba.org/tba_files/TCA/epsteinj_opn.WP6
MELISSA GAIL KUYKENDALL
WILLIAMS
vs.
STEVEN THOMAS KUYKENDALL, SR.
Court:TCA
Attorneys:
DAVID L. VALONE and SAMUEL W. BROWN OF KNOXVILLE FOR APPELLANT
CHARLES H. CHILD and ALEXIS M. SMITH OF KNOXVILLE FOR APPELLEE
Judge:Goddard
First Paragraph:
Steven Thomas Kuykendall, Sr., appeals a decree of the Circuit Court
for Knox County which invalidated an antenuptial agreement between him
and his then-wife, Melissa Gail Kuykendall, granted her a divorce and
divided the property of the parties.
URL:http://www.tba.org/tba_files/TCA/kuykendm_opn.WP6
STATE OF TENNESSEE
vs.
JERRY RAY COOPER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Robert D. Massey Charles W. Burson
Roger N. Hays Attorney General & Reporter
209 West Madison Street
Pulaski, TN 37160 Daryl J. Brand
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
W. Michael McCown
District Attorney General
Weakley E. Barnard
Assistant District Attorney General
P.O. Box 787
Fayetteville, TN 37334
Judge:SUMMERS
First Paragraph:
The appellant, Jerry Ray Cooper, was indicted for first degree murder
in Lincoln County and pled not guilty based on self defense. In
August 1995, a jury found the appellant guilty of second degree
murder. Judge Charles Lee sentenced the appellant to eighteen years
in the Tennessee Department of Correction.
URL:http://www.tba.org/tba_files/TCCA/cooperjr_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/cooperjr_con.WP6
URL:http://www.tba.org/tba_files/TCCA/cooperje_con.WP6
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