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Posted by: Tanja Trezise on Nov 19, 2020

A husband sought relief from a final decree of divorce nine years after its entry. He argued that the decree was void because the trial court lacked subject matter and personal jurisdiction. The trial court denied the husband’s motion. We affirm.

Posted by: Tanja Trezise on Nov 19, 2020

This is an appeal of a judgment entered against Father for child support arrearage. The State of Tennessee, on behalf of Mother, sought a modification of the judgment against Father under Rule 60.02 of the Tennessee Rules of Civil Procedure due to an alleged erroneous calculation of child support owed by Father. The trial court granted the State’s motion, increasing the amount of the arrearage judgment owed by Father. For the reasons stated herein, we reverse the trial court’s order granting the State relief under Rule 60.02.

Posted by: Tanja Trezise on Nov 19, 2020

Defendant, Anthony Dewight Washington, appeals as of right from the trial court’s summary dismissal of his Tennessee Rule of Criminal Procedure 36 motion to correct a clerical error in the judgment of his conviction for the offense of possession, in a drugfree zone, of 0.5 gram or more of cocaine for sale. After review of the appellate record and the briefs filed by the parties, we affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.

Posted by: Tanja Trezise on Nov 19, 2020

The defendant, Justin W. Walkington, appeals his Giles County Circuit Court jury conviction of child abuse of a child under the age of eight, arguing that the evidence was insufficient to support his conviction, that the trial court erred by instructing the jury that child abuse was a lesser included offense of aggravated sexual battery, that the trial court’s child abuse instruction actually charged the elements of child neglect, and that the trial court erred by denying the defendant any form of alternative sentencing. We hold that the trial court erred by instructing the jury that child abuse was a lesser included offense in this case because the evidence was legally insufficient to support that charge. Additionally, the trial court’s instruction on the offense of child abuse erroneously included the elements of child neglect, which charge was also unsupported by the evidence. Because the evidence was insufficient to support a conviction of either child abuse or child neglect but was sufficient to support a conviction of simple assault by offensive touching, we reverse and vacate the defendant’s conviction of child abuse and remand the case to the trial court for a sentencing hearing on the offense of Class B misdemeanor assault and the entry of an amended judgment reflecting the new conviction offense and sentence.

Posted by: Tanja Trezise on Nov 19, 2020

The Defendant-Appellant, Demonica Gore, was convicted by a Shelby County jury of aggravated robbery and received a sentence of twelve years’ imprisonment. In this appeal as of right, the Defendant presents the following issues for our review: (1) whether the trial court erred in sustaining the State’s objection to defense counsel’s question during voir dire concerning the juror’s views on police confessions; (2) whether the evidence was sufficient to sustain the conviction; and (3) whether the trial court erred in imposing the maximum sentence of twelve-years’ imprisonment. Upon our review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Nov 19, 2020

Defendant, Christopher W. Gadsden, was indicted by the Davidson County Grand Jury for first degree premeditated murder, first degree felony murder, and theft of property valued between $1,000 and $10,000. Following a jury trial, Defendant was convicted of second degree murder and theft of property valued between $1,000 and $10,000. Following a sentencing hearing, the trial court imposed a total effective sentence of 24 years in the Tennessee Department of Correction with 100 percent release eligibility. In this appeal as of right, Defendant contends that: 1) the evidence was insufficient to support his conviction for second degree murder; 2) the trial court erred by admitting certain autopsy photographs into evidence; 3) the trial court erred by excluding evidence of a prior bad act by the victim; and 4) his sentence is excessive. Following our review of the entire record and the briefs of the parties, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Nov 19, 2020

The petitioner was convicted of felony murder and aggravated assault for which he received an effective sentence of life in prison. Since his conviction in 1994, the petitioner has filed numerous post-judgment motions seeking relief. The petitioner now appeals from the denial of his most recent motion seeking relief pursuant to Tennessee Rules of Civil Procedure, Rule 60.02. Upon our review of the record and the applicable law, we affirm the decision of the trial court.

Posted by: Tanja Trezise on Nov 19, 2020

A Tipton County jury convicted Petitioner, Angela Brewer, of first degree premeditated murder, and the trial court sentenced Petitioner to life. Petitioner appealed, and this court affirmed her conviction and sentence. Petitioner filed a pro se petition for postconviction relief, and after a hearing, the post-conviction court denied relief. On appeal, Petitioner argues that the post-conviction court erred in denying relief on her claim that she received ineffective assistance of counsel based on trial counsel’s failure to consult with Petitioner regarding the evidence and to secure a firearms expert to testify for the defense. Following a thorough review, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Nov 19, 2020

This action involves a maternal grandmother’s objection to the denial of her petition for custody of her minor grandchild and his adoption by his foster parents. We affirm.

Posted by: Tanja Trezise on Nov 19, 2020

In this case, a sister contests the sale of her deceased brother’s interest in real estate they inherited from their mother to satisfy an outstanding judgment lien against the brother. Because the sister waives her right to appellate review of most of her arguments and we discern no error in the circuit court’s exercise of subject matter jurisdiction, we affirm the circuit court.


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