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Posted by: Tanja Trezise on Oct 23, 2019

This is a termination of parental rights case. Mother/Appellant appeals the trial court’s termination of her parental rights to the minor child on the grounds of: (1) abandonment by willful failure to visit and to support, Tenn. Code Ann. § 36-1-113(g)(1); (2) persistence of the conditions that led to the child’s removal, Tenn. Code Ann. § 36-1- 113(g)(3); and (3) failure to manifest an ability and willingness to assume custody or financial responsibility for the child, Tenn. Code Ann. § 36-1-113(g)(14).

Posted by: Tanja Trezise on Oct 23, 2019

A credit union initiated this action on December 12, 2007, by filing a civil warrant to recover an amount alleged to be due on an account. On June 14, 2011, after several unsuccessful attempts to serve the warrant, a return on service was filed indicating that the defendant had been served with the warrant; a default judgment in the amount of $13,717.79 was entered on July 25, 2011.

Posted by: Tanja Trezise on Oct 23, 2019

This is a termination of parental rights case. After the death of the mother, petitioner— the child’s maternal grandmother—sought to terminate the father’s parental rights on four grounds: abandonment by failure to support the child; abandonment by failure to support the mother; abandonment by failure to visit the child; and failure to manifest ability to take custody of the child. The trial court found that clear and convincing evidence existed to terminate father’s parental rights only on the ground of abandonment by failure to support the child.

Posted by: Tanja Trezise on Oct 22, 2019

A Humphreys County jury convicted the Defendant-Appellant, Elizabeth Lynn Schmitz, of failure to have a license to operate a pawnshop in violation of Tennessee Code Annotated section 45-6-205, a Class A misdemeanor, for which she received a probationary sentence of eleven-months and twenty-nine days. In this appeal as of right, the Defendant argues that the trial court erred by not providing her a court reporter during trial and that the evidence was insufficient to sustain her conviction. Upon review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Oct 22, 2019

The Defendant, Nathaniel David Labrecque, pleaded guilty to two counts of failure to yield the right of way causing serious bodily injury. See T.C.A. §§ 55-8-129, 55-8- 197(a)(3) (2018). He received an effective sentence of six months’ incarceration, and the trial court ordered the Defendant to pay restitution in the amount of $500,000. On appeal, the Defendant contends that the trial court erred by (1) ordering restitution without assessing his ability to pay and (2) ordering restitution when there was no evidence substantiating the victims’ losses.

Posted by: Tanja Trezise on Oct 22, 2019

The defendant, Logan Chouinard, appeals from the McMinn County Criminal Court’s denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. Discerning no error, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Oct 22, 2019

The Cheatham County Grand Jury indicted Nicholas Tyler Beckham, Defendant, on twenty-three counts of aggravated sexual exploitation of a minor. Pursuant to a plea agreement, Defendant pled guilty to counts one through five, with an agreed sentence of five years on each count, counts one through four to be served consecutively, with count five to run concurrently to count four, for an effective sentence of twenty years at thirty percent, with the manner of service to be determined by the court. The remainder of the counts were dismissed.

Posted by: Tanja Trezise on Oct 22, 2019

All claims on the plaintiffs case in chief in this case have been non-suited. This is an appeal only from three orders for sanctions entered against plaintiffs attorney. In the first order, the trial court awarded opposing counsel attorney’s fees and prohibited the attorney from making any threatening, insulting, or embarrassing communications regarding opposing counsel.

Posted by: Tanja Trezise on Oct 11, 2019

BERNICE BOUIE DONALD, Circuit Judge. Before us is an appeal from the district court’s grant of a preliminary injunction against Defendants, enjoining them from implementing or enforcing Ohio law H.B. 214. As enacted, H.B. 214 prohibits an abortion provider from performing an abortion with the knowledge that the decision to abort arises from a diagnosis or indication that the unborn child has Down Syndrome. Plaintiffs, various abortion providers, sued Defendants, the state officials responsible for implementing and enforcing Ohio law H.B. 214, alleging H.B.

Posted by: Tanja Trezise on Oct 11, 2019

The Defendant, Teros Anderson Sweeney, alias, was convicted of two counts of aggravated assault, two counts of assault, two counts of resisting arrest, and one count of criminal impersonation. The trial court merged various convictions and imposed an effective sentence of ten years’ imprisonment to be served consecutively to the Defendant’s sentence stemming from a prior federal conviction.


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