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Posted by: Tanja Trezise on Sep 16, 2021

The petitioner, Dennis Allen Rayfield, appeals the denial of his petition for post-conviction relief, which petition challenged his conviction of first degree murder, alleging that the trial court committed errors which deprived him of his constitutional rights to due process and a fair trial and that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief.

Posted by: Tanja Trezise on Sep 16, 2021

The defendant, Reginald Bond, appeals the Madison County Circuit Court’s order revoking his probation and ordering him to serve the balance of his six-year sentence in confinement. Discerning no error, we affirm.

Posted by: Tanja Trezise on Sep 15, 2021

SUTTON, Chief Judge. Anti-Israel protesters have picketed services at the Beth Israel Synagogue in Ann Arbor, Michigan, every week going back to 2003, over 935 weeks in total. Understandably frustrated with this pattern, members of the congregation sued the protesters and the city. The district court granted the defendants’ motions to dismiss for lack of standing. We disagree on that point, as the plaintiffs have alleged a concrete and particularized harm to a legally protected interest. But the reality that they have standing to bring these claims does not entitle them to relief. The key obstacle is the robust protections that the First Amendment affords to nonviolent protests on matters of public concern. We affirm the district court’s dismissal on that basis.

Posted by: Tanja Trezise on Sep 15, 2021

Emmanuel Wallace, Defendant, and co-defendant Joshua Aretz were indicted for their roles in the shooting death of Savon Easterling in Clarksville in August of 2015. Defendant was indicted for premeditated murder, felony murder, and aggravated robbery. Defendant elected to proceed to trial. After the presentation of the proof, the trial court granted a motion for judgment of acquittal with respect to the offense of aggravated robbery. The trial court submitted the lesser-included offenses of attempted aggravated robbery, attempted robbery, and attempted theft of property for the jury’s consideration. After deliberating, the jury found Defendant guilty of second degree murder and felony murder but not guilty of attempted aggravated robbery and all lesser included offenses. The trial court sentenced Defendant to an effective life sentence after merging the convictions. After the denial of a motion for new trial, Defendant appealed to this Court. On appeal, Defendant argues that the jury’s verdict was inconsistent because he was found guilty of felony murder and not guilty of the underlying felony. He also argues that the trial court improperly responded to a jury question in violation of Tennessee Rule of Criminal Procedure 30(c). After a thorough review of the record and the briefs, we determine that Defendant is not entitled to relief. Consequently, the judgments of the trial court are affirmed.

Posted by: Tanja Trezise on Sep 15, 2021

The Petitioner, Courtney Perry, appeals the summary dismissal of his “Motion to Correct Illegal Sentence” pursuant to Tennessee Rule of Criminal Procedure 36.1. Upon our review, we affirm the summary dismissal of the motion.

Posted by: Tanja Trezise on Sep 15, 2021

The Petitioner, Johnny Lee Jenkins, was convicted of voluntary manslaughter, attempted voluntary manslaughter, and two counts of employing a firearm during the commission of a dangerous felony. One of the counts of employing a firearm during the commission of a dangerous felony was dismissed after the Petitioner filed a motion for new trial, and this court reversed and vacated the voluntary manslaughter conviction on direct appeal and remanded the case for entry of corrected judgments to reflect a conviction for reckless homicide. On appeal, the Petitioner asserts that he received ineffective assistance of counsel, specifically contending that trial counsel failed to argue the inclusion of lesserincluded offenses. Upon our review, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Sep 15, 2021

An issue regarding attorney’s fees remains pending. As such, the order appealed from does not constitute a final appealable judgment, and this Court lacks jurisdiction to consider this appeal.

Posted by: Tanja Trezise on Sep 15, 2021
This is an appeal by a pro se appellant. Due to the deficiencies in the appellant’s brief on appeal, we conclude that he waived consideration of any issues on appeal and hereby dismiss the appeal.
Posted by: Tanja Trezise on Sep 15, 2021

Former firefighter who alleged miscalculation of his Line of Duty disability benefits brought an action for breach of contract, negligence, and negligent infliction of emotional distress against the City of Memphis. In this appeal from the trial court’s dismissal of the complaint pursuant to Tennessee Rule of Civil Procedure 12.02(1) we affirm the trial court.

Posted by: Tanja Trezise on Sep 15, 2021

This appeal arises from the trial court’s dismissal of the employee’s second petition for benefit determination after concluding his claim was barred by the doctrine of res judicata. The employee sustained a compensable injury to his head and filed a petition for benefits on October 30, 2017. Following a lengthy procedural history, the trial court issued a compensation order in December 2020 addressing medical, temporary, and permanent disability benefits. Neither party appealed that order. Approximately three months later, the employee filed an “amended” petition for benefits listing the same date of injury and the same issues addressed in the prior case. After a review of the record, the trial court concluded that the employee raised the same issues that were previously identified in the October 2017 petition and that were adjudicated in the previous litigation and addressed in the December 2020 compensation order. As a result, the court dismissed the employee’s most recent petition with prejudice. The employee has appealed. In response, the employer has asked that we deem the employee’s appeal frivolous and that it be awarded appropriate damages. We affirm the trial court’s order, deem the appeal frivolous, and exercise our discretion to decline to award fees.


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