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Posted by: Tanja Trezise on Oct 23, 2020

A Dyer County jury found the defendant, Amanda E. Jones, guilty of sale of amphetamine, a Schedule II drug. As a result of her conviction, the trial court sentenced the defendant to six years in the Tennessee Department of Correction, suspended to supervised probation after serving 365 days in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support her conviction. Following our review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Oct 23, 2020

The Defendant, Kelvin Dewayne Golden, was convicted after a jury trial of rape of a child, and he received a sentence of thirty years. In this appeal as of right, the Defendant contends (1) that the juvenile court erred in transferring him to criminal court, (2) that the trial court erred in denying his motion to dismiss due to a delay in prosecuting the case, and (3) that the evidence was insufficient to support his conviction. Following our review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Oct 23, 2020

After a joint trial, a Shelby County jury found the defendants, Larreal Brown and Randall Rowland, guilty of especially aggravated kidnapping (Count 1), aggravated rape (Counts 2, 3, and 4), aggravated robbery (Count 5), and aggravated assault while acting in concert with two or more others (Count 6). The trial court imposed effective sentences of 120 and 71 years in confinement, respectively. On appeal, Defendant Brown asserts the trial court improperly limited his ability to cross-examine Gage Caulk, a co-defendant, regarding Mr. Caulk’s sentencing exposure, and Defendant Rowland argues the trial court erred by excluding prior inconsistent statements made by the victim and contained in a police report. After our review, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Oct 23, 2020

In this interlocutory appeal, the employee alleges she sustained an injury to her left shoulder while moving a box at work. The employer initially accepted the claim as compensable but later issued a denial after a statement was provided by a co-worker indicating the employee was injured at home. Following an expedited hearing, the trial court found the employee’s testimony to be credible and determined she would likely prevail at trial in establishing a compensable injury. The trial court awarded medical benefits but denied the employee’s request for temporary disability benefits. The employer has appealed. Having carefully reviewed the record, we affirm the trial court’s decision and remand the case.

Posted by: Tanja Trezise on Oct 22, 2020

BOGGS, Circuit Judge. The district court enjoined Michigan’s enforcement of a state statute designed as a prophylactic measure against voter fraud. After the state attorney general declined to challenge the injunction, the two houses of the Michigan Legislature jointly sought an emergency stay of the injunction from the district court—which denied their motion—and now from this court. Because the legislature has standing to appeal the order granting the injunction, the state statute is likely not preempted by federal law, and the balance of equities weighs in favor of staying the district court’s order, we grant the legislature’s motion.

Posted by: Tanja Trezise on Oct 22, 2020

On September 30, 2019, the Defendant, Adam Lee Loper, pleaded guilty to theft of more than $2,500. The trial court imposed a three-year sentence of incarceration. The Defendant argues on appeal that the trial court erred in denying his request for probation. After thorough review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Oct 22, 2020

This is a termination of parental rights case focusing on Jude M., the minor child (“the Child”) of Sarah M. (“Mother”) and Andy G. (“Father”). In November 2018, Father and his wife, Jamie G. (“Stepmother”), filed a petition in the Greene County Chancery Court (“trial court”), seeking to terminate the parental rights of Mother and allow Stepmother to adopt the Child. The Child previously had been removed from Mother’s custody pursuant to an order entered by the Greene County Juvenile Court (“juvenile court”) upon a petition for emergency custody filed by Father. Following a bench trial, the trial court granted the termination petition upon its finding by clear and convincing evidence that Mother had abandoned the Child by failing to visit her during the statutorily determinative period and that conditions leading to the removal of the Child from Mother’s custody persisted. The trial court further found by clear and convincing evidence that it was in the Child’s best interest to terminate Mother’s parental rights. Mother has appealed. Having determined that Petitioners failed to demonstrate the threshold requirement of a petition having been filed in the juvenile court that alleged the Child to be a dependent and neglected child, we reverse the trial court’s finding on the ground of persistence of the conditions leading to removal of the Child from Mother’s custody. We affirm the trial court’s judgment in all other respects, including the termination of Mother’s parental rights.

Posted by: Tanja Trezise on Oct 22, 2020

A mother appeals the termination of her parental rights to her child. The juvenile court determined that there were three statutory grounds for terminating the mother’s parental rights: abandonment by an incarcerated parent, substantial noncompliance with the permanency plan, and failure to manifest an ability and willingness to assume custody and financial responsibility. The juvenile court also determined that termination of the mother’s parental rights was in her child’s best interest. Because the record contains clear and convincing evidence to support both the grounds for termination and the best interest determination, we affirm.

Posted by: Tanja Trezise on Oct 22, 2020

In this case arising from a divorce, Wife appeals the trial court’s classification as marital property a piece of real estate, which was transferred to Wife during the marriage by her mother, and on which Wife owned and operated a business. Following a thorough review of the record, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Oct 21, 2020

A residential tenant was injured after slipping on water that accumulated from a leak in the ceiling of her home. Prior to the accident, the tenant notified the owner of the residence and the property manager of the leak. The tenant brought suit for her injuries, alleging a common law negligence claim and a claim for the defendants’ alleged failure to comply with requirements in the Tennessee Uniform Residential Landlord and Tenant Act. The trial court granted the defendants’ motion for summary judgment on both claims, finding that the tenant had co-extensive knowledge of the dangerous condition, so the defendants were not liable for her injuries. The tenant appeals, primarily arguing that the common law rule on landlord non-liability is displaced by the Act. We affirm and remand.


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