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Posted by: Tanja Trezise on Sep 3, 2019

A Tennessee Supreme Court Rule 10B petition for recusal appeal was filed in this Court after the trial court denied a motion for recusal. For the reasons stated herein, we reverse the trial court’s denial of the motion and remand the case for reassignment to a different judge.

Posted by: Tanja Trezise on Sep 3, 2019

In this action concerning enforcement or modification of a permanent parenting plan, the trial court analyzed the issues in accordance with the provisions of Tennessee Code Annotated Title 36 concerning child custody matters, rather than Title 37, involving dependency and neglect proceedings. Following the trial court’s modification of the parties’ permanent parenting plan, the father filed post-trial motions seeking the appointment of a guardian ad litem and entry of an order providing for joint counseling sessions with the father and the child.

Posted by: Tanja Trezise on Nov 22, 2017

After being charged by presentment with three counts of the Class A felony, criminal conspiracy to commit first degree murder, as well as one count of criminal conspiracy to possess more than ten pounds of marijuana with the intent to sell or deliver and one count of simple possession of marijuana, Defendant, Raymond Banjard Mims, entered a quite favorable plea agreement.

Posted by: Tanja Trezise on May 26, 2017

The employee, a parking lot associate, injured his wrist collecting shopping carts in his employer’s parking lot. An authorized treating physician opined that the employee needed surgery, but that the surgery was related to a pre-existing arthritic condition rather than the event at work. Following a trial, the trial court found the employee had presented insufficient proof to rebut the presumption of correctness afforded the authorized physician’s opinion and denied the claim.

Posted by: Tanja Trezise on May 26, 2017

Petitioner, Jackie F. Curry, appeals the trial court’s denial of his motion to reopen postconviction proceedings. Petitioner argues that the United States Supreme Court’s decision in Lafler v. Cooper, 566 U.S. 156 (2012), established a new rule of constitutional law that should be applied retroactively to his case. Because Petitioner failed to follow the statutory requirements to seek discretionary review of a motion to reopen, this Court does not have jurisdiction, and we dismiss the appeal.

Posted by: Tanja Trezise on May 26, 2017

The Petitioner, Kenneth J. Cradic, appeals as of right from the Sullivan County Criminal Court’s denial of his petition for writ of error coram nobis relief. The Petitioner contends that the coram nobis court erred in denying his petition because he presented newly discovered evidence of his actual innocence through a new witness who would discredit the victim’s trial testimony and evidence that the victim recanted her trial testimony on numerous occasions since the trial. Discerning no error, we affirm the judgment of the coram nobis court.

Posted by: Tanja Trezise on May 26, 2017

The Petitioner, Courtney R. Logan, appeals as of right from the Morgan County Circuit Court’s dismissal of his petition for writ of habeas corpus. The Petitioner challenges his long-ago extradition to the state of Mississippi. Discerning no error, we affirm the judgment of the habeas corpus court.

Posted by: Tanja Trezise on May 26, 2017

The plaintiffs, a mother and her child, filed this health care liability action in September 2015. The complaint alleged that both plaintiffs suffered permanent injuries resulting from the defendant health care providers’ negligent care during the child’s birth in June 2012. The defendants moved to dismiss the mother’s claims based on expiration of the one-year statute of limitations in Tennessee Code Annotated section 29-26-116(a)(1) and to dismiss the claims of both plaintiffs based on expiration of the three-year statute of repose in Tennessee Code Annotated section 29-26-116(a)(3).

Posted by: Tanja Trezise on May 26, 2017

An inmate in the custody of the Tennessee Department of Correction filed this lawsuit against three prison employees seeking to recover certain personal property. The trial court dismissed the lawsuit without prejudice based on the inmate’s failure to comply with Tennessee Code Annotated section 41-21-805, which requires inmates wanting to proceed in forma pauperis to submit to the trial court a complete list of every previous lawsuit or claim filed by the inmate. Discerning no error, we affirm.

Posted by: Tanja Trezise on May 26, 2017

This is a termination of parental rights case involving the child, Lena G. (“the Child”), who was fifteen years of age at the conclusion of trial. On October 8, 2013, the Washington County Juvenile Court (“trial court”) granted temporary legal custody of the Child to the Tennessee Department of Children’s Services (“DCS”). The Child was immediately placed in foster care, where she has remained since that date. Following a hearing, the trial court entered an order on June 11, 2014, adjudicating the Child dependent and neglected in the care of the parents.


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