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Posted by: Tanja Trezise on Sep 16, 2019

The Petitioner, John Burley Alberts, appeals the Williamson County Circuit Court’s denial of his petition for post-conviction relief from his convictions for four counts of rape of a child, for which he is serving an effective 100-year sentence. He contends that the post-conviction court erred in denying his ineffective assistance of counsel claim. We affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Sep 16, 2019

All claims on the plaintiff’s case in chief in this case have been non-suited. This is an appeal only from three orders for sanctions entered against plaintiff’s 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 Sep 16, 2019

In this case, the plaintiff-appellant, Nationwide Investments, LLC, brought suit against Pinnacle Bank for, among other things, an alleged violation of the state’s Financial Records Privacy Act. The case was dismissed at summary judgment, and sanctions were imposed against the plaintiff and its counsel. Although the plaintiff and its counsel now appeal, raising several issues for our review, for the reasons stated herein, we affirm.

Posted by: Tanja Trezise on Sep 16, 2019
Posted by: Tanja Trezise on Sep 12, 2019

A Shelby County jury convicted the juvenile defendant, Martiness Henderson, of first degree murder committed during the perpetration of a robbery. After conviction, the trial court immediately imposed a life sentence which the defendant now challenges as unconstitutional. Following our review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Sep 12, 2019

This case arises out of the infamous bribery scandal involving several officials of defendant Fiat Chrysler Automobiles (FCA US LLC, “FCA”) and defendant International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (“UAW”). On appeal, the central issue presented is whether plaintiffs’ Second Amended Complaint plausibly alleges a “hybrid” § 301 claim under the Labor-Management Relations Act (“LMRA”).

Posted by: Tanja Trezise on Sep 12, 2019

This is an appeal from the trial court’s determination that a vacant lot on Marcy Road in Ohio (the Property), purchased by Appellant Levi Winston in 2012, is subject to civil forfeiture under 21 U.S.C. § 881(a)(6). After a bench trial, the court concluded that the Government met its burden to demonstrate, by a preponderance of the evidence, a substantial connection between the money used to purchase the Property and proceeds from Winston’s illegal drug sales. On appeal, Winston argues that the Government did not meet its burden and disputes several of the lower court’s factual findings.

Posted by: Tanja Trezise on Sep 12, 2019

The only issue in this appeal is whether the crime of aggravated burglary, as defined by two now-repealed Ohio statutes, qualifies as generic burglary under the enumerated-offense clause of the Armed Career Criminal Act (“ACCA”) in light of recent Supreme Court guidance. See, e.g., United States v. Stitt, 139 S. Ct. 399 (2018). The district court held that petitioner Tracy Greer’s aggravated burglary convictions qualified as “violent felonies” under the ACCA’s enumerated-offense clause and denied Greer’s petition. We agree and affirm.

Posted by: Tanja Trezise on Sep 12, 2019

A jury convicted Jamal Bowens and Lee Hope of possessing firearms while being unlawful users of marijuana, a controlled substance, after they were arrested with guns and marijuana in May 2017. See 18 U.S.C. § 922(g)(3). There was sufficient evidence of the defendants’ regular and repeated use of marijuana to sustain the conviction, notwithstanding defendants’ arguments regarding the credibility of some of the evidence from their Facebook accounts.

Posted by: Tanja Trezise on Sep 12, 2019

This case implicates the doctrine of res judicata. Tamala Teague (plaintiff) is the administrator of the estate of Lola Lee Duggan. Garnette Kidd and William Kidd (defendants) are Ms. Duggan’s daughter and son-in-law. In a previous lawsuit, the trial court determined that defendants wrongfully took more than $100,000 of Ms. Duggan’s assets and used some of that money to purchase 132 acres of real estate. After a bench trial, the court, in that first case, awarded money damages to Ms. Duggan’s estate. A few years later, plaintiff filed a second complaint against the defendants.


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