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Posted by: Stacey Shrader Joslin on Dec 28, 2023

Defendant, Robert L. Cody, III, was convicted of conspiracy to possess 26 grams or more of cocaine with intent to sell within 1,000 feet of a drug-free zone (count one); possession of a firearm with intent to go armed during the commission of a dangerous felony (count two); possession of a firearm by a convicted felon (count three); and the jury found that Defendant committed a criminal gang offense (count ten) enhancing count one to a Class A felony. The trial court imposed an effective thirty-three year sentence to be served in the Department of Correction. On appeal, Defendant argues: (1) that the trial court erred by denying his motion to dismiss counts two and three for failure to charge an offense, and count ten of the presentment for failure to give proper notice of the gang enhancement; (2) that the trial court erred by failing to declare a mistrial after the State read the presentment to the jury; (3) that the trial court erred by excluding Investigator Jinks from the Rule of Sequestration; (4) that the trial court erred by admitting text messages that were not properly authenticated; (5) that the evidence was insufficient to support Defendant’s drug conspiracy conviction in count one; (6) that the criminal gang enhancement violated double jeopardy and the doctrine of collateral estoppel; (7) that the trial court erred in sentencing Defendant under the prior version of the Drug-Free Zone Act; and (8) that this court should resentence Defendant under the 2022 amendments to the Drug-Free Zone Act. Following our review of the entire record, oral arguments, and the parties’ briefs, we affirm the judgments of the trial court.

Posted by: Stacey Shrader Joslin on Dec 28, 2023

This case originated in general sessions court with the filing of a pro se civil warrant. The defendant also filed a cross-complaint against the plaintiff. The plaintiff’s civil warrant was quickly dismissed in the general sessions court. The defendant/cross-plaintiff eventually obtained a judgment against the plaintiff/cross-defendant. The plaintiff/cross-defendant promptly filed a notice of appeal. The trial court dismissed the plaintiff’s appeal of the dismissal of his civil warrant due to his notice of appeal being untimely. The trial court also dismissed the plaintiff’s appeal of the judgment on the cross-complaint for failure to prosecute. We reverse both rulings and reinstate the plaintiff’s appeal.

Posted by: Stacey Shrader Joslin on Dec 28, 2023

In this divorce, the trial court evenly divided the marital estate and denied the wife’s request for alimony. It also ordered wife to pay the attorney’s fees and costs of a third party. On appeal, the wife challenges the court’s decisions on multiple grounds. After a thorough review, we find that the court erred in not dividing the profit from a business the husband created during the pendency of the divorce as marital property. And the court erred in ordering the wife to pay attorney’s fees and costs. We affirm in all other respects.

Posted by: Stacey Shrader Joslin on Dec 28, 2023

The Defendant, Ambreia Washington, was convicted by a Madison County Circuit Court jury of unlawful possession of a weapon by a convicted felon, a Class B felony; resisting arrest, a Class B misdemeanor; and driving with a canceled, suspended or revoked license (second offense), a Class A misdemeanor, for which he received an effective fifteen-year sentence. See T.C.A. §§ 39-17-1307 (2018) (subsequently amended) (unlawful possession of weapon), 39-16-602 (2018) (resisting arrest), 55-50-504 (2020) (canceled, suspended or revoked license). On appeal, the Defendant contends that the trial court erred in denying his motion to suppress, failing to dismiss the indictment due to missing evidence, admitting certain photographs into evidence at trial, and denying a motion for a mistrial as a result of prosecutorial misconduct. The Defendant also contends that the cumulative nature of the errors warrant relief. We affirm the judgments of the trial court.

Posted by: Stacey Shrader Joslin on Dec 28, 2023

The Petitioner, Ray L. Morehead, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of trial counsel and that his guilty pleas were unknowing, unintelligent, and involuntary. Based on our review, we affirm the judgment of the post-conviction court denying the petition.

Posted by: Stacey Shrader Joslin on Dec 28, 2023

Defendant, Willie Locust, was convicted after a bench trial in Count 1 of possession of more than 0.5 grams of cocaine with the intent to sell or deliver, a Class B felony; in Count 2 of possession of more than 0.5 grams of methamphetamine with the intent to sell or deliver, a Class B felony; in Count 3 of simple possession of Xanax, a Class A misdemeanor; in Count 8 of unlawful possession of brass knuckles, a Class A misdemeanor; in Count 9 of possession of a firearm during the commission of a dangerous felony, a Class D felony; and in Count 10 of possession of a firearm by a convicted violent felon, a Class B felony. For these convictions, Defendant was sentenced to an effective twenty-eight years in confinement. On appeal, Defendant argues that (1) the trial court erred by denying his pretrial motions to suppress the evidence obtained from a search of his hotel room; (2) the evidence was insufficient to support his convictions; and (3) the trial court erred by ordering partial consecutive service of his sentences. After a thorough review of the record, we affirm the judgments of the trial court. However, because the trial court erroneously merged Counts 9 and 10, we order the trial court to reinstate the judgment in Count 9 and to impose a sentence on that count. We also remand for correction of a clerical error in the judgment in Count 3 to show the conviction offense as Tennessee Code Annotated section 39-17-418 rather than section 39-17-417.

Posted by: Stacey Shrader Joslin on Dec 28, 2023

The Appellant, Giorgio Jennings, was convicted by a Shelby County jury of six counts of aggravated rape, five counts of aggravated robbery, three counts of aggravated assault, three counts of facilitation of aggravated assault, three counts of aggravated kidnapping, aggravated burglary, and employing a firearm during the commission of a dangerous felony. The trial court sentenced the Appellant to an effective sentence of one hundred and thirty-two years in confinement. In this appeal, he challenges: (1) the sufficiency of the evidence supporting his convictions; and (2) the trial court’s imposition of partial consecutive sentences. After review, we affirm the judgments of the trial court.

Posted by: Stacey Shrader Joslin on Dec 28, 2023

The petitioner, Demarcus Keyon Cole, appeals the dismissal of his petition for writ of error coram nobis, which petition challenged his 2013 Madison County Circuit Court jury convictions for felony murder and especially aggravated robbery, arguing that he is entitled to a new trial due to newly discovered evidence. Discerning no error, we affirm.

Posted by: Stacey Shrader Joslin on Dec 28, 2023

This is an appeal from a final order entered on March 17, 2023. The notice of appeal was not filed with the Appellate Court Clerk until June 5, 2023, more than thirty days from the date of entry of the order from which the appellant is seeking to appeal. Because the notice of appeal was not timely filed, we have no jurisdiction to consider this appeal.

Posted by: Stacey Shrader Joslin on Dec 27, 2023

Head shot of retired federal judge Bernice DonaldRetired federal appeals court judge Bernice Donald will serve as the neutral mediator in a civil lawsuit brought by Tyre Nichols’ family and estate against the city of Memphis, Memphis Police Chief Cerelyn “C.J.” Davis and other former city personnel implicated in his death. The Daily Memphian reported today that the mediation is scheduled to begin on Feb. 9, 2024. City officials, as well as former police officers Preston Hemphill and DeWayne Smith and former Memphis Fire Department personnel Robert Long, JaMichael Sandridge and Michele Whitaker — none of whom were charged criminally — have agreed to Donald’s appointment. Five former police officers who were charged in Nichols' death — Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills Jr. and Justin Smith — have not said if they will participate, but likely will not take part until after their criminal cases are resolved. The civil suit alleges that the city and the police chief created an environment that fostered a culture that led to Nichols’ beating and death. The city says the death was the result of five rogue officers. Donald retired from the U.S. Sixth Circuit Court of Appeals last January. She was appointed to the court in 2011 after serving as a federal judge in Tennessee’s Western District.


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