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Posted by: Tanja Trezise on Feb 10, 2021

The trial court granted a wife’s complaint for divorce and divided the marital assets between the parties. The wife appealed, claiming that the trial court erred in classifying and dividing the marital assets. We affirm the trial court’s classification and distribution of the marital property in all respects.

Posted by: Tanja Trezise on Feb 10, 2021

The Petitioner, David Louis Way, appeals the denial of his petition for post-conviction relief from his convictions for burglary, theft over $1000, vandalism over $1000, and possession of burglary tools. He asserts that his right to due process was violated at trial because he was ordered to wear leg restraints, and that he received ineffective assistance of counsel. After review, we affirm the denial of the petition.

Posted by: Tanja Trezise on Feb 10, 2021

The Petitioner, Michael A. Rodgers, appeals from the Madison County Circuit Court’s dismissal of his petition for post-conviction relief from his convictions for possession of heroin with intent to deliver and possession of methamphetamine with intent to deliver and his effective sentence of twenty-two years as a Range III, persistent offender. On appeal, the Petitioner contends that the post-conviction court erred in denying relief on his ineffective assistance of trial counsel claim. We affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Feb 10, 2021

The Defendant, Anthony Ellis, was convicted by a Shelby County Criminal Court jury of first degree felony murder, attempted first degree premediated murder, a Class A felony, and attempted especially aggravated robbery, a Class B felony. See T.C.A. §§ 39-13-202 (2018) (subsequently amended) (first degree murder); 39-13-403 (2018) (especially aggravated robbery); 39-12-101 (2018) (criminal attempt). The trial court sentenced the Defendant to concurrent terms of life imprisonment for felony murder, eighteen years for attempted premeditated murder, and ten years for attempted especially aggravated robbery. On appeal, the Defendant contends that (1) the evidence is insufficient to support his felony murder conviction and (2) the trial court erred by admitting evidence in violation of Tennessee Rule of Evidence 404(b). We affirm the judgments of the trial court.

Posted by: Tanja Trezise on Feb 9, 2021

This appeal concerns the dismissal of a health care liability action against Saint Thomas Midtown Hospital, Saint Thomas Health, and Ascension Health. The trial court dismissed the complaint with prejudice on the ground the statute of limitation, through the application of the discovery rule, barred all of the claims. The plaintiffs appealed. We affirm.

Posted by: Tanja Trezise on Feb 9, 2021

MURPHY, Circuit Judge. After police officers pulled over the vehicle in which Demetrius Brooks had been riding, they smelled marijuana and saw him making a “stuffing motion” under his seat. The police found a gun partially hidden there. After a jury convicted Brooks of being a felon in possession of a firearm, the lone African-American juror emailed the court that the other jurors had pressured her into a guilty verdict. Brooks now claims that the stop and search of the vehicle violated the Fourth Amendment, that the prosecution presented insufficient evidence that he “possessed” a gun, and that he is entitled to an evidentiary hearing under Peña-Rodriguez v. Colorado, 137 S. Ct. 855 (2017), to investigate the racial biases of the other jurors. These claims require us to consider among other questions: Did the number of officers who conducted the traffic stop affect whether it was “reasonable” under the Fourth Amendment? Does the felon-in-possession statute require a defendant to control a gun for any significant period of time? And does Peña-Rodriguez permit an evidentiary hearing to impeach a jury verdict even when no jurors made race-based statements? Answering “no” to these questions, we affirm Brooks’s conviction.

Posted by: Tanja Trezise on Feb 9, 2021

The Notice of Appeal filed by the appellant, Lisa M. Aazad, stated that appellant was appealing the judgment entered on July 30, 2020. As the July 30, 2020 order does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Posted by: Tanja Trezise on Feb 8, 2021

The petitioner, Sredrick (Cedric) Cortavious Woodruff, appeals the denial of his postconviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel prior to and during his guilty plea hearing. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

Posted by: Tanja Trezise on Feb 8, 2021

In 2016, the Petitioner, Kevin Taylor, entered Alford pleas to three counts of aggravated robbery and one count of being a felon in possession of a firearm. The trial court sentenced him to an effective eight-year sentence. The Petitioner filed a petition for postconviction relief, claiming that he received the ineffective assistance of counsel, which the post-conviction court denied after a hearing. We affirm the post-conviction court’s judgment.

Posted by: Tanja Trezise on Feb 8, 2021

A Lauderdale County jury convicted Danny Deberry (“Defendant”) of second degree murder, and the trial court imposed a sentence of thirty years’ incarceration. On appeal, Defendant asserts that the evidence presented at trial was insufficient to support his conviction and that the trial court imposed an excessive sentence. Following a thorough review, we determine that the evidence was sufficient for any rational trier of fact to find Defendant guilty of second degree murder beyond a reasonable doubt and that the trial court did not abuse its discretion in sentencing Defendant. Accordingly, Defendant’s conviction for second degree murder is affirmed.


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