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

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  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

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  • 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
Opinion-Flash

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
Opinion-Flash


                        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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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