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In Re M.A.C. and D.L.C.

Court: TCA


R. Michelle Blaylock-Howser, Murfreesboro, Tennessee, for the appellant, K. K. A.

W. Kennerly Burger, Murfreesboro, Tennessee, for the appellee, S. P.

Mary Bonita Tucker, Murfreesboro, Tennessee, Guardian Ad Litem.


Appellee, the paternal grandmother who has had legal custody of the two children of the Appellant, mother of the children, since after their births, filed a petition in the Juvenile Court for Rutherford County in December of 2006 to terminate Mother's parental rights. Following a trial on June 14, 2007, the court terminated Mother's parental rights based on abandonment and severe child abuse. We affirm the lower court's ruling finding clear and convincing evidence that the mother abandoned the children by failing to support them; that termination of the mother's parental rights is in the best interest of the children; and in terminating Mother's parental rights. We reverse the court's findings of abandonment by failing to visit and severe child abuse on the part of Mother.


CORRECTION on page 3

Court: TCA


John K. Banks, Elizabethton, Tennessee, for the Appellants, William G. Fenner, Sr., William G. Fenner, Jr., Terry Wayne Fenner, Kathy Fenner Melton, Connie Fenner Gray, Willie Jo Perry, Chucky Price, David Price, Chris Price, and Kathy Price Lyon.

Robert J. Jessee, Johnson City, Tennessee, for the Appellee, Helen Sue Ludrosky.


Decedent died testate, leaving her entire estate to her sole surviving child, and leaving nothing to the man she had lived with for more than forty years, William G. Fenner, Sr. Mr. Fenner and all but one of decedent's grandchildren filed an action to invalidate the will on the basis of undue influence and lack of testamentary capacity. In the alternative, plaintiffs alleged that decedent and Mr. Fenner were partners and her assets were assets of the partnership, to which he is entitled to half. Plaintiffs also requested that the Trial Court impose a trust upon decedent's estate for the benefit and use of Mr. Fenner. Following two hearings on these issues, the Trial Court dismissed all of plaintiffs' claims and upheld the validity of decedent's will. Plaintiffs appeal, raising issues regarding undue influence, testamentary capacity, implied partnership, imposition of a resulting trust, defendant's failure to testify at the second hearing, and the Trial Court's dismissal of portions of plaintiffs' claims pursuant to Tenn. R. Civ. P. 41.02 motions by defendant. We find no error on the part of the Trial Court, and, therefore, affirm.



Court: TCCA


Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Bret T. Gunn and Robert E. McGuire, Assistant District Attorneys General, for the appellant, State of Tennessee.

Ross E. Alderman, District Public Defender, and Jeffrey A. Devasher, Laura J. Getz, and Carol Dawn Deaner, Assistant Public Defenders, for the appellee, Shundell L. Dickerson.


The defendant, Shundell L. Dickerson, was convicted of facilitation of first degree murder (Class A felony) and sentenced as a Range III, persistent offender to sixty years in prison. He appeals his conviction and sentence. He argues the trial court erred in: (1) precluding him from entering into evidence an anonymous letter mailed to the police in which other persons were named as responsible for the crime; (2) limiting the questioning of a witness regarding his expectations of favorable treatment in exchange for his testimony; and (3) allowing the prosecutor to make improper remarks during closing argument. Finally, the defendant argues enhancement factors were improperly applied to increase his sentence. After careful review, we affirm the judgment from the trial court.



Court: TCCA


Jeremiah Ginn, Pro Se, Only, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; and Mark E. Tribble, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Jeremiah Ginn, proceeding pro se, appeals the Warren County Circuit Court's denial of his petition for post-conviction relief. Ginn was convicted of second degree murder and sentenced to twenty-four years in the Department of Correction. On appeal, he contends that the post- conviction court erred in denying his petition upon grounds that: (1) his sentence is constitutionally infirm because it is in direct contravention of Blakely v. Washington; (2) his statement to the police was obtained in violation of both his Fifth Amendment right to remain silent and his Sixth Amendment right to counsel; and (3) that he was denied his Sixth Amendment right to the effective assistance of counsel based upon trial counsel's failure to investigate and present certain evidence at trial, as well as counsel's failure to properly prepare for the sentencing hearing. After review of the record before us, we find no error and affirm the denial of relief.



Court: TCCA


Jorge A. Rubio, Pro Se, Clifton, Tennessee.

Robert E. Cooper Jr., Attorney General & Reporter; Lacy Wilber, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

This matter is before the Court upon the State's motion to dismiss or in the alternative to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. Petitioner, Jorge A. Rubio, has appealed the trial court's order dismissing his petition for writ of habeas corpus in which Petitioner alleged that he is being illegally restrained because the indictment was defective and there was a fatal variance between the indictment and the evidence produced at trial. Upon a review of the record in this case, we are persuaded that the trial court was correct in dismissing the petition for habeas corpus relief and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.



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