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Posted by: Tanja Trezise on Jul 17, 2020

KETHLEDGE, Circuit Judge. The State of Ohio convicted Ralph Carusone of felony murder exclusively on the theory—as the prosecution repeatedly emphasized in its closing argument at trial—that Carusone “plunged [a] knife into the victim’s heart.” But that theory, as the state court of appeals later found, was “plainly discredit[ed]” by medical records that the State admits it wrongfully suppressed before trial. And the state court of appeals itself plainly misapplied the governing Supreme Court precedent when it denied relief on Carusone’s due process claim. We therefore hold that Carusone is entitled to a writ of habeas corpus, and reverse the district court’s decision to the contrary.

Posted by: Tanja Trezise on Jul 17, 2020

BERNICE BOUIE DONALD, Circuit Judge. Defendant-Appellant Michael Bourquin seeks an order from this Court reversing the district court’s application of a four-level enhancement, pursuant to United States Sentencing Guidelines Manual § 2A6.1(b)(4), for offense conduct resulting in a substantial expenditure of government funds. The district court applied the enhancement even though the government did not introduce any accounting of funds expended. Because we conclude that § 2A6.1(b)(4)(B) requires more, such as a full accounting of expenditures or some accounting of expenditures coupled with facts that allow a sentencing court to reasonably assess the full expenditure of funds required to respond to an offense and whether those funds are substantial, we vacate the sentence imposed by the district court and remand for resentencing consistent with this opinion.

Posted by: Tanja Trezise on Jul 17, 2020

THAPAR, Circuit Judge. Dwight Barber appeals the district court’s order declining to reduce his prison sentence under the First Step Act. Because the district court did not err in doing so, we affirm.

Posted by: Tanja Trezise on Jul 17, 2020

The Petitioner, Dennis Judge, pleaded guilty to sexual battery by an authority figure, and the trial court sentenced him to the agreed sentence of four years of Community Corrections. More than a year later, the Petitioner filed a motion requesting that the trial court allow him to file an untimely petition for post-conviction relief and also a petition for post-conviction relief. After a hearing, the post-conviction court found that due process did not require a tolling of the statute of limitations, and it dismissed the petition. After a thorough review of the record and relevant authorities, we affirm the postconviction court’s judgment.

Posted by: Tanja Trezise on Jul 17, 2020

The Defendant, Curtis Reed Hosendove, pleaded guilty as a Range II, multiple offender to making a false report, a Class D felony. See T.C.A. § 39-16-502 (2018). Pursuant to a plea agreement, the Defendant received a four-year sentence, and the trial court was to determine the manner of service. The trial court ordered the Defendant to serve his sentence in confinement. On appeal, the Defendant contends that the court committed reversible error by receiving evidence in the form victim impact statements. Although we conclude that the victim impact statements were irrelevant to the Defendant’s conviction for making false report, the error was harmless. We affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jul 17, 2020

The Petitioner, Raymond Denton, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief, seeking relief from his convictions of aggravated rape, aggravated burglary, and physical abuse of an impaired person and resulting effective ninety-year sentence. On appeal, the Petitioner claims that he received the ineffective assistance of counsel because trial counsel failed to obtain an expert to rebut the State’s expert regarding penetration; failed to object to medical opinions given by the victim’s granddaughter, who was not an expert; and failed to object to the prosecutors’ improper closing arguments. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Jul 17, 2020

The Petitioner, Kenneth Cole, appeals from the Tipton County Circuit Court’s denial of his petition for post-conviction relief from his guilty plea conviction for violation of the sex offender registry and his six-year, Range III sentence. He contends that the post-conviction court erred in denying his claim that he received the ineffective assistance of counsel in the conviction proceedings. We affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Jul 17, 2020

The Defendant, James Bennett, was convicted by a Shelby County Criminal Court jury of theft of property over $10,000, a Class C felony, and was sentenced to seven years in the Department of Correction. On appeal, the Defendant argues that the trial court erred in admitting evidence of his prior bad acts, and that the evidence is insufficient to sustain his conviction. After review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jul 17, 2020

Defendant grocery store appeals a jury verdict against it after a shopper fell in its store while operating a three-wheeled cart. The grocery store argues that the trial court erred in denying its motion for directed verdict, in granting summary judgment to a third-party defendant, and in not granting a new trial or remittitur of the substantial verdict. Because the grocery store has not met its burden to show reversible error, we affirm.

Posted by: Tanja Trezise on Jul 17, 2020

This is an accelerated interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B, from the trial court’s denial of a motion for recusal. Having reviewed the petition for recusal appeal, pursuant to the de novo standard as required under Rule 10B, § 2.01, we reverse the trial court’s decision to deny the motion for recusal and remand with instructions for another judge to be designated to preside over this case.


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