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Posted by: Tanja Trezise on Oct 11, 2019

A Rutherford County Circuit Court jury convicted the Defendant-Appellant, Leonard Singer, of tampering with evidence, simple possession of cocaine, and possession of drug paraphernalia. See Tenn. Code Ann. §§ 39-16-503, 39-17-418, 39-17-425.

Posted by: Tanja Trezise on Oct 11, 2019

The Appellant, Christopher A. Kemp, appeals the trial court’s revocation of his probation, contending that his counsel was ineffective at the probation revocation hearing. Upon review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Oct 11, 2019

Following a jury trial, the Defendant, James Floyd Brewer, Jr., was convicted of two counts of possession of 0.5 grams or more of a Schedule II controlled substance (methamphetamine) with intent to sell or deliver and one count of misdemeanor possession of drug paraphernalia. The trial court merged the methamphetamine convictions and sentenced the Defendant to an effective twelve years’ incarceration. On appeal, the Defendant contends that the trial court erred in denying the Defendant’s motion to suppress evidence obtained from a warrantless search of the Defendant’s car.

Posted by: Tanja Trezise on Oct 11, 2019

Following a bench trial, the trial court convicted the Defendant, Jonathan Addair, of child abuse and domestic assault. The trial court merged the domestic assault conviction into the child abuse conviction and sentenced the Defendant to serve three years and six months in confinement. On appeal the Defendant asserts the evidence is insufficient to support his conviction for child abuse, and the trial court’s sentence is excessive. After review, we affirm the trial court’s judgments.

Posted by: Tanja Trezise on Oct 11, 2019

In this interlocutory appeal, the employer asserts the trial court erred in conducting a telephonic hearing over the employer’s objections and in conditioning a medical examination requested by the employer on its being live-streamed to or videoconferenced with the employee’s personal physician.

Posted by: Tanja Trezise on Oct 10, 2019

CHAD A. READLER, Circuit Judge. Methamphetamine may not be manufactured without governmental authorization. 21 U.S.C. § 841(a)(1); 21 U.S.C. § 843(a)(6). Congress has regulated this practice in part to curb the unauthorized distribution of methamphetamine, which has a “detrimental effect on [our] health and general welfare.” 21 U.S.C. § 801(2). Yet equally detrimental, in many respects, is the process for manufacturing methamphetamine, which itself can have potentially hazardous consequences, if not done under appropriate conditions.

Posted by: Tanja Trezise on Oct 10, 2019

JOHN K. BUSH, Circuit Judge. The Arizona Attorney General believes the plaintiff class got a bad deal in settling this products liability lawsuit over allegedly defective pressure cookers. The settlement agreement, entered after one day of trial, included an award of approximately $2 million in fees and expenses for class counsel, and substantially less than that—primarily in the form of coupons—for the class members.

Posted by: Tanja Trezise on Oct 10, 2019

Defendant, Frank D. Taylor, appeals from the dismissal of his motion to correct an illegal sentence under Tennessee Rule of Criminal Procedure 36.1. Because Defendant has failed to state a colorable claim for relief, we affirm the trial court’s dismissal of the motion.

Posted by: Tanja Trezise on Oct 10, 2019

On July 7, 2017, the Petitioner entered a guilty plea, pursuant to Hicks v. State, 945 S.W.2d 706 (Tenn. 1997), to possession with intent to sell a Schedule I controlled substance. In exchange for his plea, the Petitioner received a 10-year sentence to be served as a multiple offender in the Tennessee Department of Correction. The judgment of conviction shows that this 10-year sentence is to be served consecutively to one case from 2012 and two cases from 2013.

Posted by: Tanja Trezise on Oct 10, 2019

Petitioner, Harold Wayne Nichols, pled guilty to first degree murder in 1990. A jury imposed the death penalty. In June of 2016, Petitioner moved to reopen his postconviction petition on the basis that the Supreme Court’s decision in Johnson v. United States, __ U.S. __, 135 S. Ct. 2551 (2015), announced a new rule of constitutional law requiring retroactive application. The post-conviction court granted the motion to reopen, but after Petitioner amended his petition and asserted additional claims, the postconviction court denied relief without a hearing.


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