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

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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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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