Articles

All Content


9,713 Posts found
Previous • Page 222 of 972 • Next
Posted by: Tanja Trezise on Apr 9, 2021

The Petitioner, David Sanders, appeals the Rutherford County Circuit Court’s denial of post-conviction relief from his conviction of rape, for which he received a ten-year sentence of imprisonment. See Tenn. Code Ann. § 39-13-503. In his appeal, the Petitioner argues that his guilty plea was unknowingly and involuntarily entered based on the ineffective assistance of trial counsel. Upon review, we affirm the judgment of the postconviction court.

Posted by: Tanja Trezise on Apr 9, 2021

Defendant-Appellant, McKinnley McGee, was indicted by an Anderson County grand jury of attempted second degree murder in violation of Tennessee Code Annotated section 39- 13-210 and 39-12-101, a Class B felony, and two counts of aggravated assault in violation of Tennessee Code Annotated section 39-13-102, a Class C felony. Following a jury trial, the Defendant was convicted as charged. The trial court sentenced the Defendant as a Range II, Multiple Offender to an effective sentence of twenty-years’ imprisonment. The sole issue presented for our review is whether the evidence was sufficient to support the Defendant’s conviction for attempted second degree murder. Upon review, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Apr 9, 2021

The Defendant-Appellant, Joshua Hurt, was convicted by a Knox County jury of attempted voluntary manslaughter (Count 1), in violation of Tennessee Code Annotated section 39- 13-211, as a lesser included offense of attempted first-degree murder, employment of a firearm during the commission of or attempt to commit a dangerous felony (Count 2), possession of a firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony (Count 3), in violation of Tennessee Code Annotated section 39-17-1324, and two counts of especially aggravated robbery (Counts 4 and 5), in violation of Tennessee Code Annotated section 39-13-403. The trial court merged Counts 4 and 5 and sentenced the Defendant to seventeen years’ imprisonment for these counts, merged Count 3 into Count 1 and sentenced the Defendant to four years’ imprisonment for these counts to run concurrently to Count 4, and six years’ imprisonment for Count 2 to run consecutively to Count 1, for a total effective sentence of seventeen years’ imprisonment. In this appeal as of right, the Defendant raises the following issues for our review1: (1) whether the evidence is sufficient to sustain the Defendant’s convictions for especially aggravated robbery, and (2) whether the trial court erred in (a) not giving the appropriate definition of serious bodily injury and (b) instructing the jury on flight. Following our review, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Apr 9, 2021

In a procedurally complex case, the Petitioner, Grandon P. Day, pleaded guilty in Davidson County Criminal Court in July 2004 to two sets of offenses that occurred on April 3, 2003, and July 9, 2003. The trial court sentenced the Petitioner to a total effective sentence of sixteen years of incarceration for these offenses. In December 2005, a Williamson County Circuit Court jury convicted the Petitioner of twenty additional offenses, all of which occurred in July 2003. The trial court sentenced the Petitioner to a total effective sentence of 84 years of incarceration, to be served consecutively to his other offenses. Fourteen years later, the Petitioner filed a petition for a writ of habeas corpus, in which he alleged that the trial court erred when it ordered that his sentences run concurrently when consecutive sentences were statutorily required. The habeas corpus court summarily dismissed the petition, and we affirm its judgment.

Posted by: Tanja Trezise on Apr 9, 2021

The appellee, Watauga Falls Development (“Watauga”), filed a motion to dismiss this appeal alleging that the dismissal of a prior appeal of this case bars the instant appeal. Because the previous appeal was taken from the same judgment as the instant appeal and the dismissal of the previous appeal was with prejudice, this appeal must be dismissed.

Posted by: Tanja Trezise on Apr 8, 2021

Nesreen Boutros (“Employee”) suffered a work-related injury to her right arm and neck while working for her employer, Amazon.com DEDC, LLC (“Employer”), on April 23, 2015. The Court of Workers’ Compensation Claims (the “trial court”) held Employee suffered a compensable injury and was entitled to lifetime medical benefits and temporary total disability (“TTD”) benefits, but suffered no permanent impairment. Employer appealed the award of TTD benefits and additional medical benefits, and the Workers’ Compensation Appeals Board (the “Appeals Board”) affirmed. Employer appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for consideration and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. After careful consideration, we affirm the decision of the Appeals Board and adopt its well-reasoned opinion in its entirety as set forth in the attached Appendix.

Posted by: Tanja Trezise on Apr 8, 2021

A jury convicted the Defendant, Victor Valle, of rape of a child, and he received a sentence of twenty-two years of incarceration. On appeal, the Defendant challenges the sufficiency of the evidence and the trial court’s ruling admitting the victim’s testimony that the Defendant had abused her outside of the time period specified in the indictment. We conclude that the evidence is sufficient and that the trial court did not abuse its discretion in admitting evidence of prior bad acts, and we affirm the judgment.

Posted by: Tanja Trezise on Apr 8, 2021

The Defendant, Jamauri Ransom, was convicted by a jury of aggravated robbery and firstdegree felony murder, and he received an effective sentence of life imprisonment. On appeal, the Defendant challenges the sufficiency of the evidence supporting his felony murder conviction, asserting that this court should apply to the present case our supreme court’s rejection of the “continuous offense theory” for robbery as discussed in State v. Owens, 20 S.W.3d 634 (Tenn. 2000); that the aggravated robbery and felony murder were separated by intervening circumstances; and that the State failed to negate his theory of self-defense. Following our review, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Apr 8, 2021

A public school teacher, who allegedly tested positive for alcohol on school premises during school hours, was threatened with revocation of her teaching license by the state board of education. The teacher petitioned the board for declaratory judgment, arguing that the board lacked the authority to promulgate the rule on which the threatened action was based. After a hearing, the administrative law judge concluded that the board did have the power to revoke a teacher’s license for misconduct, and the board subsequently adopted the administrative law judge’s order. The teacher then appealed to the chancery court, as permitted under the UAPA, and the chancery court affirmed the board’s findings. The teacher now appeals the chancery court’s order. We affirm.


Previous • Page 222 of 972 • Next