Opinion Flash

May 8, 2002
Volume 8 — Number 80

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


DONNA J. (FINKS) BUNKER v. ROGER FINKS

Court:TCA

Attorneys:  

Catherine M. White, Chattanooga, Tennessee, for the Appellant, Roger
Finks.

Leslie B. McWilliams, Chattanooga, Tennessee, for the Appellee, Donna
J. (Finks) Bunker.                        

Judge: SWINEY

First Paragraph:

Donna J. (Finks) Bunker ("Mother") and Roger Finks ("Father") were
divorced in Ohio in 1993.  The parties had two minor children.  Mother
and the children relocated to Chattanooga, Tennessee, and Father
stayed in Ohio.  The Ohio Divorce Decree was brought properly before
the Tennessee Trial Court.  Father filed a petition seeking a change
of custody and visitation, while Mother filed a cross-petition seeking
an increase in child support.  The Trial Court found that while Father
proved a material change in circumstances, he failed to carry his
burden of showing that a change of custody was warranted.  The Trial
Court also restricted Father's visitation with the children to take
place only in Chattanooga.  The Trial Court did not increase Father's
child support obligation.  Both Father and Mother raise issues on
appeal.  Father's issues on appeal concern custody and visitation,
primarily of the parties' younger child ("Younger Child").  We affirm,
as modified, and remand.

http://www.tba.org/tba_files/TCA/bunkerdj.wpd

JOHN WAYNE SLATE, SR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Edward C. Miller, Dandridge, Tennessee, for the appellee, John Wayne
Slate, Sr.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Al Schmutzer, Jr., District Attorney
General; and Steven R. Hawkins and Charles Atchley, Assistant District
Attorneys General, for the appellee, State of Tennessee.                      

Judge: WELLES

First Paragraph:

The Defendant, John Wayne Slate, Sr., appeals the trial court's
summary dismissal of his second petition for post-conviction relief. 
The Defendant contends the trial court improperly dismissed his
petition for post-conviction relief without an evidentiary hearing. 
We affirm the trial court's dismissal of the petition.

http://www.tba.org/tba_files/TCCA/slatejw.wpd

CALVIN LEE SNEED v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Calvin Lee Sneed, Wartburg, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; James Michael Taylor, District
Attorney General, for the appellee, State of Tennessee.                    

Judge: TIPTON

First Paragraph:

The petitioner, Calvin Lee Sneed, appeals the Rhea County Circuit
Court's dismissal of his petition for post-conviction relief from a
1995 conviction for first degree premeditated murder.  The trial court
concluded that the petition failed to state a colorable claim.  See
Tenn. Code Ann. S 40-30- 206(f).  The petitioner contends that his
petition states colorable claims and that the trial court erred in
dismissing the petition without the appointment of counsel or an
evidentiary hearing.  We agree and remand the case to the trial court
for the appointment of counsel.

http://www.tba.org/tba_files/TCCA/sneedcl.wpd

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