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Posted by: Tanja Trezise on Nov 4, 2019

The petitioner, Kalyn Polochak, appeals the denial of her petition for post-conviction relief, which petition challenged her 2012 Overton County Criminal Court jury convictions of first degree premeditated murder, first degree felony murder, conspiracy to commit first degree murder, especially aggravated robbery, and theft of property valued at $1,000 or more but less than $10,000. Discerning no error, we affirm the denial of post-conviction relief.

Posted by: Tanja Trezise on Nov 4, 2019

The Appellant, David Mitchell Bentley, pled guilty in the Davidson County Criminal Court to reckless aggravated assault, a Class D felony, and leaving the scene of an accident resulting in injury, a Class A misdemeanor. After a sentencing hearing, the trial court ordered that he serve consecutive sentences of three years and eleven months, twenty-nine days, respectively, in confinement. On appeal, the Appellant contends that we should remand this case to the trial court for a new sentencing hearing.

Posted by: Tanja Trezise on Nov 4, 2019

In this post-divorce action, the husband sought to modify his alimony obligation to the wife. The trial court denied the husband’s petition to modify, determining that the husband had failed to prove that a substantial and material change in circumstance had occurred since entry of the divorce decree. The husband has appealed. Discerning no reversible error, we affirm.

Posted by: Tanja Trezise on Oct 24, 2019

BERNICE BOUIE DONALD, Circuit Judge. In May 2008, a Michigan jury convicted Thomas Richardson of first-degree murder for killing his wife, Juanita Richardson, by causing her to fall from a cliff in Pictured Rocks National Park. After exhausting his state remedies, Richardson filed a habeas petition with the United States District Court for the Western District of Michigan. Pursuant to the magistrate judge’s recommendation, the district court denied the petition but granted a certificate of appealability (“COA”) on Richardson’s claim of prosecutorial misconduct.

Posted by: Tanja Trezise on Oct 24, 2019

This is an unlawful detainer action in which the owner permitted the defendants to live in her house rent-free. The owner was later declared incompetent, and her daughters/coconservators sought to evict the defendants. The general sessions court awarded the coconservators possession, and the defendants appealed to circuit court. Once the owner died, an administrator was substituted for the co-conservators as the plaintiff. The circuit court awarded the administrator rent for the period between the date the detainer summons was filed and the date the owner died.

Posted by: Tanja Trezise on Oct 24, 2019

The Defendant, Dusan Simic, was indicted for various offenses committed in the course of a series of robberies in July and August of 2017. The trial court granted the Defendant’s motion to suppress out-of-court identifications made by four victims on the basis that the photographic lineups were unduly suggestive. The trial court and subsequently this court granted interlocutory review. The State asserts that interlocutory review is proper and that the trial court erred in determining that the lineups were suggestive; the Defendant disagrees.

Posted by: Tanja Trezise on Oct 24, 2019

A Shelby County jury convicted the Petitioner, Courtney Means, of three counts of aggravated robbery involving multiple victims, and the trial court sentenced him to an effective twenty-four-year sentence. This court affirmed his convictions and sentence. State v. Courtney Means, W2005-00682-CCA-R3-CD, 2006 WL 709206, at *1 (Tenn. Crim. App., at Jackson, Mar. 21, 2006), perm. app. denied (Tenn. Sept. 5, 2006). The Petitioner unsuccessfully filed a petition for post-conviction relief and a Tennessee Rule of Criminal Procedure 36.1 motion for relief from an illegal sentence.

Posted by: Tanja Trezise on Oct 24, 2019

The Appellant, William Blake Kobeck, pled guilty in the Fayette County Circuit Court to vehicular homicide by recklessness. Pursuant to the plea agreement, he received a fouryear sentence to be served on supervised probation with the trial court to determine his request for judicial diversion. After a hearing, the trial court denied judicial diversion. On appeal, the Appellant contends that the trial court erred by denying his request for judicial diversion. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Oct 24, 2019

In November 2017, the Madison County Grand Jury indicted Defendant, Demetrius J. Johnson, for various drug and firearm offenses. Defendant filed a motion to suppress, which was denied by the trial court.


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