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Posted by: Tanja Trezise on Feb 25, 2021

CLAY, Circuit Judge. Plaintiff Robert W. Bethel, proceeding pro se, appeals the district court’s grant of summary judgment to Defendants, Warden Charlotte Jenkins, Lieutenant Michael Allen Eiring, and Warden Timothy Shoop, former and current officials at Chillicothe Correctional Institution (“CCI”). On appeal, Bethel argues that the district court erred by (1) finding that CCI’s policy—prohibiting inmates from receiving packages ordered by third parties from unapproved vendors—did not violate his First Amendment right to free speech pursuant to Turner v. Safley, 482 U.S. 78 (1987); (2) finding that he had no protected interest under procedural due process that was violated by the policy and that Bethel received sufficient process; and (3) determining that Defendants were entitled to qualified immunity and failing to find that Defendants violated Bethel’s clearly established rights. For the reasons set forth below, we AFFIRM the district court’s judgment.

Posted by: Tanja Trezise on Feb 25, 2021

The Defendant, Jason Monroe Griffith, pleaded guilty to one count of attempted aggravated burglary, seven counts of aggravated burglary, ten counts of theft of property, and one count of conspiracy to commit aggravated burglary, and he entered a “best interest” plea to one count of aggravated burglary pursuant to North Carolina v. Alford, 400 U.S. 25 (1970). The trial court imposed an effective sentence of 15 years and ordered the Defendant to pay $10,750 in restitution. On appeal, the Defendant argues that the trial court should have held a hearing regarding his ability to pay restitution and the reasonableness of the restitution amount. After review, we reverse the judgment of the trial court with respect to restitution and remand this case for a restitution hearing and entry of amended judgments that reflect the amount of restitution and the manner of payment.

Posted by: Tanja Trezise on Feb 25, 2021

This appeal arises from a petition by Father to modify his child support. Mother contested Father’s request, ultimately filing a counter-petition wherein she argued that, based on Father’s income, his child support obligation should be increased. The trial court found in favor of Father, and Mother filed a timely appeal. For the reasons contained herein, we affirm the trial court’s order.

Posted by: Tanja Trezise on Feb 25, 2021

This appeal concerns a general sessions warrant for unpaid dues owed to the plaintiff homeowner’s association. The general sessions court dismissed the action based upon a settlement agreement. The plaintiff appealed to the circuit court, which ultimately entered an agreed order of dismissal during the pendency of this appeal. We dismiss the appeal.

Posted by: Tanja Trezise on Feb 25, 2021

Because a motion for attorney’s fees and for a timeline within which to pay a court ordered arrearage remain pending, 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 Feb 24, 2021

RALPH B. GUY, JR., Circuit Judge. Former state prisoner David Reedy asserts an Eighth Amendment failure-to-protect claim against a prison counselor, Defendant Michael West, for allegedly failing to take measures to abate the brutal assault Reedy suffered at the hands of his prison cellmate, Oscar Hensley. Finding the evidence insufficient, the district court granted summary judgment to West and rejected a magistrate judge’s contrary report and recommendation. We AFFIRM.

Posted by: Tanja Trezise on Feb 24, 2021

GRIFFIN, Circuit Judge. Petitioner Terrance Miles claims that the Kentucky Supreme Court erred in adjudicating his federal speedy-trial and ineffective-assistance claims. The district court disagreed and denied his habeas corpus petition. Because the district court appropriately deferred to the Kentucky Supreme Court’s reasonable resolutions of Miles’s claims, we affirm.

Posted by: Tanja Trezise on Feb 24, 2021

The Defendant, Vonda Star Smith, was convicted by a Greene County Criminal Court jury of first degree premeditated murder and second degree murder. See T.C.A. §§ 39-13- 202(a)(1) (2018) (first degree murder) (subsequently amended), 39-13-210 (2014) (second degree murder) (subsequently amended), 39-13-214 (2018) (embryo or fetus as a victim of criminal homicide). The trial court sentenced the Defendant to life for first degree murder and to twenty-five years as a Range I offender for second degree murder, and the court imposed the sentences concurrently. On appeal, the Defendant contends that (1) the evidence is insufficient to support her convictions, (2) the court erred in denying her motion to dismiss because the State’s failure to provide exculpatory information regarding the victim’s cell phone “ping” violated her right to due process, (3) the State’s failure to provide a witness’s statement during discovery deprived her of due process, (4) the court improperly commented on the evidence during a defense witness’s testimony, (5) cumulative errors require reversal of the Defendant’s convictions, and (6) the court erred in imposing a twenty-five-year sentence for second degree murder. We affirm the judgments of the trial court.

Posted by: Tanja Trezise on Feb 24, 2021

In this termination of parental rights case, Appellant/Mother appeals the trial court’s termination of her parental rights to the minor child on the grounds of: (1) persistence of the conditions that led to the child’s removal, Tenn. Code Ann. § 36-1-113(g)(3)(A); (2) abandonment by failure to visit, Tenn. Code Ann. §§ 36-1-113(g)(1), 36-1-102(1)(A)(1); (3) abandonment by failure to support, Tenn. Code Ann. §§ 36-1-113(g)(1), 36-1- 102(1)(A)(1); and (4) failure to manifest a willingness and ability to assume custody of child, Tenn. Code Ann. § 36-1-113(g)(14). Mother also appeals the trial court’s finding that termination of her parental rights is in the child’s best interest, Tenn. Code Ann. § 36-1-113(i). Because Appellees did not plead the ground of persistence of conditions and because the threshold requirements for that ground are not met, we reverse the trial court’s termination of Mother’s parental rights on the ground of persistence of conditions. We affirm the trial court’s termination of Mother’s parental rights on all remaining grounds and on its finding that termination of Mother’s parental rights is in the child’s best interest.

Posted by: Tanja Trezise on Feb 24, 2021

Debra A. Irvin (“Plaintiff” or “Appellee”) filed a complaint in 2019 alleging real estate fraud against numerous parties. Several defendants, including Green Wise Homes, LLC (“Green Wise”), asserted various counterclaims against Plaintiff and her attorneys, which the trial court dismissed for failure to state a claim for which relief could be granted. The trial court then awarded attorney’s fees to Plaintiff against Green Wise pursuant to Tennessee Code Annotated section 20-12-119. Green Wise appeals. Discerning no error, we affirm.


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