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Posted by: Tanja Trezise on May 26, 2017

This case involves a claim of undue influence against an attorney-in-fact for his role in changing bank accounts and certificates of deposit owned by the principal to be payable on death to the attorney-in-fact. The principal, or decedent in this action, died at the age of ninety-five in January 2012. The decedent was survived by two nieces and three nephews, one of whom, the defendant, was the decedent’s attorney-in-fact and the personal representative of his estate.

Posted by: Tanja Trezise on May 26, 2017

This appeal involves an attempt to set aside an allegedly void order pursuant to Rule 60.02(3) of the Tennessee Rules of Civil Procedure. The trial court dismissed the petition for multiple reasons, including res judicata. We affirm and remand for further proceedings.

Posted by: Tanja Trezise on May 26, 2017

This case involves a request to redeem real property following a tax sale. The trial court entered an order of redemption, divested title out of the tax sale purchaser, and directed the court clerk to refund the tax sale purchaser the money expended to purchase the property, plus other sums. We affirm. Finding the appeal to be frivolous, we remand for a determination of damages pursuant to Tennessee Code Annotated section 27-1-122.

Posted by: Tanja Trezise on May 26, 2017

A father appeals the termination of his parental rights. The court terminated the father’s rights on the grounds of abandonment by engaging in conduct that exhibited wanton disregard for the children’s welfare, as well as substantial noncompliance with the permanency plan. The court found that termination was in the children’s best interests. Upon our review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on May 19, 2017

The appellant, Lewis Bonding Company, appeals the denial of its “Petition to Allow Lewis Bonding Company to Use Real Property as Security Collateral,” arguing the trial court abused its discretion by denying the appellant’s request to pledge real property to underwrite bonds in lieu of a cash deposit with the clerk of court. The State contends the trial court’s denial of the petition was a proper use of its broad discretion to regulate bondsmen. Following our review of the record and pertinent authorities, we agree with the State and affirm the judgment of the trial court.

Posted by: Tanja Trezise on May 19, 2017

The Petitioner, Kelvin Winn, was convicted of first degree felony murder and received a life sentence. He filed a petition for post-conviction relief, which the post-conviction court denied. On appeal, the Petitioner argues that trial counsel’s performance was deficient for failing to: (1) obtain an enhanced version of the surveillance video of the gas station; (2) proffer actual evidence of the Petitioner’s height to the jury; (3) submit the Petitioner’s clothing to be tested for blood; and (4) investigate the State’s jailhouse informant for possible impeachment evidence.

Posted by: Tanja Trezise on May 19, 2017

Defendant, Bruce Wayne Sutton, pled guilty to attempted initiation of a process to manufacture methamphetamine and received a sentence of nine years and six months. As part of his plea agreement, Defendant reserved two certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(A) with regard to the trial court’s denial of his motion to suppress evidence obtained during a warrantless search of a residence.

Posted by: Tanja Trezise on May 19, 2017

The Defendant, James Courtney Shane, was convicted by a Weakley County Circuit Court jury of facilitation of robbery, a Class D felony, and was sentenced by the trial court as a Range II offender to five years in the Department of Correction, to be served consecutively to his sentence in a federal case. On appeal, the Defendant challenges the sufficiency of the evidence of his identity and argues that the trial court imposed an excessive sentence. Following our review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on May 19, 2017

The Defendant-Appellant, William Sappington, was convicted by a Shelby County jury of theft of property with the value of more than $10,000 but less than $60,000, a Class C felony. T.C.A. § 39-14-103, 105(a)(4). The sole issue presented for our review in this appeal as of right is whether the evidence is sufficient to support his conviction. Upon our review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on May 19, 2017

A Shelby County jury found the defendant, Roy Robinson, guilty of aggravated assault and second degree murder. The trial court imposed an effective twenty-year sentence to be served at one hundred percent, and the defendant appealed. On appeal, the defendant challenges the sufficiency of the evidence supporting his second degree murder conviction, arguing he shot his victim in self-defense. The State asserts sufficient evidence exists to support the second degree murder conviction. After our review, we affirm the judgments of the trial court.


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