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.
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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
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