-
TBALink Opinion-Flash
October 14, 1997 -- Volume #3 -- Number #100
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
- 00-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA <08> 08-New Opinons From TCCA
- 00-New Opinons From TSC
There are three ways to get the full opinion from the Web: (TBALink members only)
- 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.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you
to download the original WP 6.0 document.
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
ANTONIO CRENSHAW vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ANTONIO L. CRENSHAW, pro se JOHN KNOX WALKUP Inmate #123924 Attorney General & Reporter R.M.S.I., Unit 5 7475 Cockrill Bend Ind. Road JANIS L. TURNER Nashville, TN 37209-1010 Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General REGINALD HENDERSON Asst District Attorney General 201 Poplar Avenue, Ste. 301 Memphis, TN 38103 Judge:WOODALL First Paragraph: The Petitioner, Antonio Crenshaw, appeals from the order of the Shelby County Criminal Court dismissing his second petition for post conviction relief without an evidentiary hearing. In its order, the trial court dismissed the petition based upon Tennessee Code Annotated section 40 30-202(c) (Supp. 1996) because the Petitioner's prior post-conviction petition had been resolved on the merits. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/crnshawa_opn.WP6
STATE OF TENNESSEE
vs.
STEPHANIE Y. DOWAGIAC
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MARK ALBERT MESLER, II JOHN KNOX WALKUP
Ballin, Ballin & Fishman, P.C. Attorney General and Reporter
200 Jefferson Avenue
Suite 1250 CLINTON J. MORGAN
Memphis, Tennessee 38103 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM GIBBONS
District Attorney General
RHEA CLIFT
Asst District Attorney General
201 Poplar Street
Suite 300
Memphis, Tennessee 38103
Judge:RILEY
First Paragraph:
Defendant, Stephanie Y. Dowagiac, was convicted by a Shelby County
jury of theft of property under $500, a Class A misdemeanor. The
trial court deferred imposition of sentence and placed defendant on
judicial diversion for eleven (11) months and twenty-nine (29) days.
Defendant presents for our review the issues of sufficiency of the
evidence and the propriety of comments made by the trial court. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/dowagisy_opn.WP6
ROBERT IRWIN GWIN
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
D. TYLER KELLY CHARLES W. BURSON
Hardee, Martin & Jaynes, P.A. Attorney General and Reporter
213 E. Lafayette Street
Jackson, TN 38301 WILLIAM DAVID BRIDGERS
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JOHN H. PIEROTTI
District Attorney General
JOHN CAMPBELL
Assistant District Attorney
3rd Fl., Criminal Justice Complex
201 Poplar
Memphis, TN 38103
Judge:SMITH
First Paragraph:
Appellant Robert Irwin Gwin appeals from the dismissal of his petition
for post-conviction relief. On May 21, 1973, Appellant was found
guilty of first degree murder in the perpetration of a felony and was
sentenced to 100 years imprisonment. This Court affirmed the
conviction in Gwin v. State, 523 S.W.2d 636, 639 (Tenn. Crim. App.
1975). In January 1979, former Governor Ray Blanton commuted
Appellant's sentence to time served. On April 21, 1994, the Tennessee
Board of Pardons and Paroles regained custody of Gwin from the Georgia
Department of Correction due to an alleged commutation violation. On
December 20, 1994, former Governor Ned McWherter revoked the
commutation thereby reinstating the original 100-year sentence. On
November 16, 1995, Appellant filed a pro se petition for post
conviction relief which alleged that he received an unconstitutional
sentence. For the reasons stated below, we reverse and remand the
judgment of the post-conviction court.
URL:http://www.tba.org/tba_files/TCCA/gwinrob_opn.WP6
STATE OF TENNESSEE
vs.
STEVEN DARRELL LITTLE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Jerry M. Mosier John Knox Walkup
Attorney at Law Attorney General & Reporter
204 West Baltimore 500 Charlotte Avenue
Jackson, TN 38302-1623 Nashville, TN 37243-0497
Clinton J. Morgan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
James G. Woodall
District Attorney General
P.O. Box 2825
Jackson, TN 38302-2825
James W. Thompson
Assistant District Attorney General
P.O. Box 2825
Jackson, TN 38302-2825
Judge: Jones
First Paragraph:
The appellant, Steven Darrell Little (defendant), was convicted of two
counts of aggravated sexual battery, a Class B felony, by a jury of
his peers. The trial court found that the defendant was a standard
offender and imposed Range I sentences consisting of confinement for
twelve (12) years in the Department of Correction for each count, to
be served concurrently. In this Court, the defendant contends the
evidence is insufficient to support his convictions. He further
contends the trial court erred by (a) denying his motion for a
severance, (b) overruling his objection to a statement made by the
assistant district attorney general during summation, and (c) failing
to follow the mandates of the Tennessee Sentencing Reform Act of 1989.
After a thorough review of the record, the briefs submitted by the
parties, and the law governing the issues presented for review, it is
the opinion of this Court that the defendant's convictions should be
affirmed, but this case is remanded to the trial court for a new
sentencing hearing.
URL:http://www.tba.org/tba_files/TCCA/littlesd_opn.WP6
STATE OF TENNESSEE
vs.
SHONDA KAY MCGILL
With dissenting opinion
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
W. Jay Reynolds Charles W. Burson
Reynolds & Reynolds Attorney General and Reporter
611 Court Street
Savannah, TN 38372 William David Bridgers
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Robert Radford
District Attorney General
John Overton
Assistant District Attorney
Hardin County Courthouse
Savannah, TN 38372
Judge: SMITH
First Paragraph:
This is an interlocutory appeal pursuant to Rule 9, Tennessee Rules of
Appellate Procedure, from the judgment of the Circuit Court of Hardin
County affirming the District Attorney's refusal to grant pretrial
diversion. On appeal, Appellant claims that the District Attorney
abused his discretion by failing to consider all of the factors he is
required by law to consider. For the reasons set forth, the judgment
of the trial court is affirmed.
URL:http://www.tba.org/tba_files/TCCA/mcgillsk_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/mcgillsk_dis.WP6
STATE OF TENNESSEE
vs.
GARY POPLAR
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STEPHEN L. HALE JOHN KNOX WALKUP
James T. "Jim" Sanderson Attorney General and Reporter
& Associates, P.C.
P. O. Box 331 CLINTON J. MORGAN
101 Market Street Assistant Attorney General
Bolivar, Tennessee 38008 450 James Robertson Parkway
Nashville, TN 37243-0493
ELIZABETH T. RICE
District Attorney General
JERRY W. NORWOOD
Asst District Attorney General
302 Market Street
Somerville, Tennessee 38068
Judge:RILEY
First Paragraph:
Defendant was convicted by a Hardeman County jury of forgery in the
amount of $1,000, a Class D felony. The jury assessed a fine of
$2,000, and the trial court sentenced defendant to forty (40) months
as a Range II, Multiple Offender. Defendant presents for our review
the issues of sufficiency of the evidence and the
denial of alternative sentencing. We affirm the judgment of the trial
court in all respects, except we modify the judgment to impose the
minimum four (4) year sentence for this Range II offense.
URL:http://www.tba.org/tba_files/TCCA/poplarg_opn.WP6
TERRANCE ROYAL a/k/a
Richard Marlowe
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
TERRANCE ROYAL a/k/a JOHN KNOX WALKUP
Richard Marlowe Attorney General and Reporter
Fla. D.C. #066519
Hendry Correctional Institution JANIS L. TURNER
Immokalee, FL 34142 Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
JOHN W. PIEROTTI
District Attorney General
AMY WEIRICH
Asst District Attorney General
Criminal Justice Complex, Ste 301
201 Poplar Street
Memphis, TN 38103
Judge:WELLES
First Paragraph:
The Defendant, a Florida inmate, appeals from the trial court's denial
of his petition seeking relief from a Tennessee conviction and
sentence. The trial court treated the petition as a petition for
post-conviction relief and dismissed it as barred by the statute of
limitations. We affirm the dismissal.
URL:http://www.tba.org/tba_files/TCCA/royalter_opn.WP6
STATE OF TENNESSEE
vs.
JAMES EARL SOMERVILLE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
BRETT B. STEIN JOHN KNOX WALKUP
100 N. Main, #3102 Attorney General and Reporter
Memphis, TN 38103
DARYL J. BRAND
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
ELIZABETH RICE
District Attorney General
WALT FREELAND
Assistant District Attorney General
302 Market Street
Somerville, TN 38068
Judge:WELLES
First Paragraph:
The Defendant was convicted on a jury verdict of one count of arson
and one count of presenting a false or fraudulent insurance claim in
excess of one thousand dollars. He appeals from his convictions as of
right pursuant to Rule 3 of the Tennessee Rules of Appellate
Procedure. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/somervje_opn.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
© Copyright 1998 Tennessee Bar Association - This Issue (IN THIS ORDER):