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Posted by: Tanja Trezise on Mar 9, 2022

In March of 2021, Steven C. James, Defendant, filed a “Motion for Relief from Sentence.” The trial court denied the motion without a hearing. Defendant appealed. After a review of the record, we determine Defendant filed an untimely notice of appeal document and that the interest of justice does not favor waiving the timeliness requirement in this case. Accordingly, the appeal is dismissed.

Posted by: Tanja Trezise on Mar 9, 2022

Defendant, Darius Henderson, was convicted following a jury trial of one count of theft of property valued over $2,500 but less than $10,000 (Count 1) and one count of evading arrest while operating a vehicle (Count 2). Based on Defendant’s prior Tennessee convictions and a Georgia conviction, the trial court sentenced Defendant as a Range III persistent offender to consecutive sentences of twelve years in Count 1, and six years in Count 2. On appeal, Defendant argues that the trial court erred in sentencing him as a Range III persistent offender because he had only four prior Tennessee felonies and the State did not submit proof that Defendant’s Georgia conviction qualified as a felony conviction in a foreign jurisdiction. See T.C.A. 40-35-107. Following our review, we reverse the judgment of the trial court and remand for Defendant to be sentenced as a Range II offender.

Posted by: Tanja Trezise on Mar 9, 2022

Appellant’s brief in this case fails to substantially comply with Rule 27 of the Tennessee Rules of Appellate Procedure. Therefore, we dismiss this appeal.

Posted by: Tanja Trezise on Mar 9, 2022

This is the second appeal of this case. After remand from the first appeal, the trial court denied Appellant’s motion to reopen discovery concerning Appellant’s counterclaim, wherein he asserted that the guaranty he signed was void and unenforceable. In the first appeal, this Court affirmed the trial court’s dismissal of Appellant’s counterclaim, finding that the disputed guaranty was, in fact, valid. As such, we conclude that the trial court did not err in precluding further discovery on the dismissed counterclaim. We grant Appellee’s request for an award of attorney’s fees and costs for frivolous appeal, and remand the case for determination of Appellee’s reasonable appellate attorney’s fees and costs and entry of judgment on same.

Posted by: Tanja Trezise on Mar 9, 2022

Father appeals from the Williamson County Circuit Court’s order suspending his parenting time with his minor children. The Circuit Court had tried the matter de novo following an appeal by Father from prior proceedings in the Williamson County Juvenile Court. Based upon our review of the record, we conclude that Father failed to timely perfect his appeal to the Circuit Court from the Juvenile Court’s order. Therefore, we conclude that the Circuit Court did not have subject matter jurisdiction to hear the appeal, and we vacate its order and dismiss the case.

Posted by: Tanja Trezise on Mar 9, 2022
This appeal involves the applicability of Tennessee Code Annotated section 56-7-105, the bad faith penalty statute, to automobile insurance policies. The trial court granted the insurance company’s motion for summary judgment holding that Tennessee Code Annotated section 56-7-105 did not apply to automobile insurance policies. The insured appeals. We affirm.
Posted by: Tanja Trezise on Mar 9, 2022

The trial court terminated a mother and father’s parental rights to their children on the grounds of (1) abandonment by failure to establish a suitable home; (2) failure to manifest an ability and willingness to personally assume custody or financial responsibility; (3) persistence of conditions; and (4) substantial noncompliance with the permanency plan. The trial court also ruled that the termination ground of abandonment by failure to visit had been proven against the father. The trial court further found that termination of the mother and father’s parental rights was in the children’s best interest. We affirm the trial court’s conclusion that clear and convincing evidence supports these grounds for termination. We also affirm the trial court’s determination that the termination of the mother and father’s parental rights is in the best interest of the children.

Posted by: Tanja Trezise on Mar 8, 2022

Gary Wayne Garrett filed a Tennessee Rule of Criminal Procedure 36 motion seeking correction of clerical errors in his judgments of conviction. Mr. Garrett claimed that he was entitled to pretrial jail credit on various counts, several of which were ordered to be served consecutively. The trial court issued a comprehensive written order finding that the judgments correctly awarded pretrial jail credit and dismissed the motion. We determine that this appeal is frivolous and affirm the dismissal of the motion.

Posted by: Tanja Trezise on Mar 8, 2022

Defendant, John Foxx, was convicted following a jury trial of sale of less than .5 grams of a Schedule II controlled substance, delivery of less than .5 grams of a Schedule II controlled substance, and simple possession. The trial court ordered Defendant to serve an effective fifteen-year sentence after application of the criminal street gang enhancement statute. On appeal, Defendant argues that the trial court erred in applying the criminal street gang enhancement statute because the statute is unconstitutional and because the evidence was insufficient to support application of the criminal street gang enhancement statute. Following our review of the entire record and the parties’ briefs, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Mar 8, 2022

The Petitioner, Jayson Bryant Collier, appeals the denial of his petition for post-conviction relief from his convictions for possession of one-half ounce or more of marijuana with the intent to sell or deliver within 1000 feet of a school, possession of a firearm with the intent to go armed during the commission of a dangerous felony, theft of property valued at five hundred dollars or less, unlawful possession of drug paraphernalia, driving on a revoked license, and speeding. On appeal, he argues that he received ineffective assistance of counsel, that his sentence violates the Eighth Amendment to the United States Constitution and article I, section 16 of the Tennessee Constitution, and that his sentence is illegal under Tennessee Rule of Criminal Procedure 36.1. After reviewing the record, the parties’ briefs, and the applicable law, we affirm the judgment of the post-conviction court.


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