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Posted by: Tanja Trezise on Mar 8, 2022

The Petitioner, Timothy A. Baxter, appeals the summary dismissal of his petition for writ of habeas corpus. Discerning no error, we affirm the judgment of the habeas corpus court.

Posted by: Tanja Trezise on Mar 8, 2022

In this divorce case, a father appeals the trial court’s reduction of his parenting time after the parties had co-parented equally by agreement, and then nearly equally under a temporary court order. He also appeals the award of alimony. We reverse the residential parenting schedule portion of the parenting plan entered by the trial court and remand for the imposition of a plan that better maximizes both parents’ time with the child. Regarding alimony, because the trial court did not make the required findings, its judgment on that issue is vacated.

Posted by: Tanja Trezise on Mar 8, 2022

In this negligent misrepresentation case, an insured alleges that her insurance agent made misrepresentations about the contents of an agreement she authorized her husband to sign on her behalf. The trial court granted summary judgment in favor of the insurance agent, finding that the insured was “responsible for what she signs or what she has her agent to sign.” Discerning no error, we affirm the trial court.

Posted by: Tanja Trezise on Mar 7, 2022

MURPHY, Circuit Judge. It is black-letter law that federal courts of appeals generally have jurisdiction only over “final decisions” of federal district courts. 28 U.S.C. § 1291. It is also black-letter law that, as one exception to this rule, parties may immediately appeal a district court’s nonfinal order granting a preliminary injunction. Id. § 1292(a)(1). But what happens if a state court grants the preliminary injunction, and a defendant then removes the case to federal court? Does the right to an early appeal of an injunction order cover the state court’s order too? This appeal raises that question—one that falls in a gray area between these two black-letter principles.

Robert and Carol Adams want to build a home on their property, but their neighbors, Robert and Nancy Schuler, believe that their plans violate a restrictive covenant running with the land. A state court granted the Schulers a preliminary injunction stopping the construction. After the court’s order, the Adamses filed a third-party complaint against the U.S. Army Corps of Engineers, which responded by removing the case to federal court. The Adamses then filed a notice of appeal of the state court’s injunction order. But we have jurisdiction only over injunction orders “of” district courts, not state courts. Id. So we dismiss this appeal for lack of appellate jurisdiction.

Posted by: Tanja Trezise on Mar 7, 2022

The Defendant, Sterling White was convicted by a Knox County Criminal Court jury of evading arrest, a Class E felony; reckless driving, a Class B misdemeanor; and leaving the scene of an accident, a Class B misdemeanor. See T.C.A. §§ 39-16-603 (2018) (subsequently amended) (evading arrest), 55-10-205 (2020) (reckless driving), 55-10-102 (Supp. 2017) (subsequently amended) (leaving the scene). The trial court sentenced the Defendant as a persistent offender to six years’ confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions and (2) the trial court erred by denying his motion for a continuance. We affirm the judgments of the trial court.

Posted by: Tanja Trezise on Mar 7, 2022

The defendant, Andrea Gonzalez Martinez, pleaded guilty to felon in possession of a handgun, and the trial court imposed a sentence of sixteen years' incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying his request for alternative sentencing. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Mar 7, 2022

The Appellant, Noel Maltese, was convicted in the Williamson County Circuit Court of conspiracy to commit theft of property valued $250,000 or more, a Class B felony, and criminal simulation, a Class E felony, and received an effective eight-year sentence to be served as forty-eight hours in jail followed by supervised probation. On appeal, the Appellant contends that the evidence is insufficient to support the convictions and that the trial court erred by allowing the State to cross-examine her about a codefendant’s having to serve a lengthy prison sentence for similar conduct for which the Appellant was on trial. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Mar 7, 2022

The Petitioner, Danny Ray Lacy, appeals the Wayne County Circuit Court’s summary dismissal of his petition for a writ of habeas corpus for his first degree murder conviction, for which he received a sentence of life imprisonment without the possibility of parole. The Petitioner contends that the habeas corpus court erred by summarily dismissing his petition. We affirm the judgment of the habeas corpus court.

Posted by: Tanja Trezise on Mar 7, 2022

The petitioner, Vernell Evans, appeals the denial of his Rule 36.1 motion to correct an illegal sentence, asserting his sentences are illegal because the trial court incorrectly imposed 100% service requirements for each sentence. Discerning no error, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Mar 7, 2022

Appellant, an attorney, filed a creditor’s claim against Decedent’s estate for legal fees allegedly owed to Appellant for his representation of Decedent in her divorce action and in her challenge of the seizure of certain assets by the State of Tennessee. Appellant argued that he represented Decedent in the seizure matter under a contingency fee agreement; however, Appellant failed to produce a valid contingency fee agreement. At the hearing, the only proof of fees Appellant produced was an invoice for $3,847.51, and the trial court awarded him the full amount of that invoice. Discerning no error, we affirm.


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