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Posted by: Tanja Trezise on Nov 12, 2020

The trial court revoked the community corrections sentence of the Defendant, Jeffrey Brian Gwaltney, and ordered that he serve the remainder of his sentence in confinement. On appeal, the Defendant contends that, while he did violate his alternative sentence, the trial court’s full revocation of his fifteen-year sentence was excessive and constituted an abuse of discretion. After review, we affirm the trial court’s judgment.

Posted by: Tanja Trezise on Nov 12, 2020

The Defendant, Martell Smith, was convicted of the sale of 0.5 grams or more of cocaine and of the delivery of 0.5 grams or more of cocaine, both occurring in a drug-free school zone, and he received a sentence of thirty years in prison. On appeal, he asserts that his convictions should be reversed because the State did not prove that the transaction occurred within the requisite distance of the school or that the educational establishment at issue was a school under statute, because the prosecutor committed misconduct in his opening statements, and because the trial court refused to deliver his requested special instructions. After a thorough review of the record, we affirm the trial court’s judgments.

Posted by: Tanja Trezise on Nov 12, 2020

Robert T. McLeod, Defendant, entered a best interest guilty plea to five counts of violating the sex offender registry, one count of violating community supervision, and one count of tampering with evidence with an effective sentence of three years. The trial court denied alternative sentencing and ordered Defendant to serve his sentence in incarceration. After a review, we determine that the trial court did not abuse its discretion. Accordingly, the judgments of the trial court are affirmed.

Posted by: Tanja Trezise on Nov 12, 2020

The Petitioner, Rodriccus Funzie, was convicted by a Shelby County jury of first degree premeditated murder. Over a year after this court affirmed his conviction, the Petitioner filed a petition for post-conviction relief. The post-conviction court subsequently denied the petition on its merits. Following our review of the record and relevant law, we conclude the petition was untimely, and, therefore, this court is without jurisdiction to consider this appeal. Accordingly, we dismiss this appeal.

Posted by: Tanja Trezise on Nov 12, 2020

Defendant, Marvin Glynn Allen, appeals his conviction for DUI, fourth offense, arguing that, based on the plain language of Tennessee Code Annotated section 55-10-405(a), his charge should have been DUI, third offense. After a thorough review of the record, applicable case law, and the legislative history, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Nov 12, 2020

Following a public reprimand of the trial judge presiding over her divorce, Wife filed a motion to recuse the trial judge pursuant to Tennessee Supreme Court Rule 10B. The trial court denied the motion, and Wife appealed to this Court. Thereafter, the presiding judge of the Thirteenth Judicial District entered an order transferring the case to another judge in order to “equitably distribute the case load[.]” Wife then filed a notice in this Court seeking direction as to whether the appeal is moot. Following our review, we dismiss this appeal as moot.

Posted by: Tanja Trezise on Nov 6, 2020

SCOTT W. DALES, Bankruptcy Appellate Panel Judge. The Official Committee of Unsecured Creditors of chapter 11 debtor Glenview Health Care Facility, Inc., retained a law firm to represent it in connection with the case, the Debtor objected, and the bankruptcy court disqualified the law firm. After the Committee was disbanded, the disappointed law firm timely appealed from the disqualification order, arguing that the bankruptcy court abused its discretion in withholding its approval. We agree with the law firm and, expressing no opinion on whether the law firm should be appointed, we vacate the disqualification order and remand for further proceedings.

Posted by: Tanja Trezise on Nov 6, 2020

This appeal arises from a divorce proceeding. Husband is a resident of Connecticut with no ties to Tennessee. Wife and minor child, also former residents of Connecticut, have resided in Tennessee since December of 2018. Wife filed for divorce in Tennessee in May of 2019 and personally served Husband in Connecticut. Husband moved to dismiss the complaint for lack of personal jurisdiction. The trial court thereafter entered a final decree of divorce in favor of Wife. Because we find that Wife was not a resident of Tennessee for six months preceding the filing of the complaint for divorce, the trial court did not have subject matter jurisdiction to grant the divorce. The judgment of the trial court is vacated and dismissed.

Posted by: Tanja Trezise on Nov 6, 2020

This action involves a tragic accident resulting in the death of Tommy Smith (“Decedent”), who was working as a plumber connecting a sewer line when the trench he was in collapsed and crushed him. Decedent’s children (“Plaintiffs”) sued, among others, Focus Design Builders, LLC, general contractors for the building project, alleging negligence. The trial court granted Focus Design’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted, pursuant to Tenn. R. Civ. P. 12.02(6). The trial court held that Focus Design did not owe a duty of reasonable care under the circumstances because Decedent’s death was unforeseeable. We hold the complaint states a cause of action for negligence and consequently reverse the judgment of the trial court.

Posted by: Tanja Trezise on Nov 6, 2020

This action involves the termination of both parents’ rights to a minor child. Following a trial, the Loudon County Juvenile Court found that clear and convincing evidence existed to support five statutory grounds for termination of both parents’ rights: (1) abandonment by failure to establish a suitable home; (2) abandonment by an incarcerated parent; (3) substantial non-compliance with the permanency plan; (4) persistence of conditions; and (5) failure to manifest an ability and a willingness to assume custody. The court also found that termination was in the best interest of the child. Both parents appealed. We vacate in part and affirm in part.


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