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Posted by: Tanja Trezise on Jul 15, 2015

The Defendant-Appellant, Randy Shawn Moore, entered guilty pleas to two counts of aggravated assault and received an effective sentence of 8 years with the manner of service to be determined by the trial court. On appeal, the Defendant-Appellant argues that the trial court abused its discretion in denying his application for judicial diversion. Upon our review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jul 15, 2015

The Defendant-Appellant, Terry Dale Blevins, appeals the trial court’s revocation of his probation and reinstatement of his effective eight-year sentence in the Department of Correction. He previously entered guilty pleas to two counts of facilitation of aggravated robbery and was ordered to serve his sentences on enhanced probation. On appeal, Blevins argues that the trial court abused its discretion when it found that he lacked amenability to rehabilitation. Upon our review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jul 15, 2015

This is a private condemnation action. Appellants own property in Decatur County that does not have access to a public road. Appellants currently access this property by crossing properties owned by the Tennessee Valley Authority and the Appellees. Appellants have verbal permission from both TVA and the Appellees to enter their lands.

Posted by: Tanja Trezise on Jul 15, 2015

This case involves the construction of the Last Will and Testament of Martha B. Schubert (“the Will”). The Chancery Court for Knox County (“the Trial Court”) found and held that Martha B. Schubert (“Deceased”) intended the real property described in the second paragraph of Article IV of the Will to be the two parcels of real property owned by Deceased located on Cherokee Boulevard and that these properties vested immediately in John Schubert upon Deceased?s death.

Posted by: Tanja Trezise on Jul 15, 2015

Landowner had a contract to sell two five-acre parcels of her 38.29 acres. Some of her neighbors heard about the sale and discussed it with a lawyer, who sent a letter to the real estate broker whose firm represented the buyers and the seller. The letter informed the broker of a purported restriction on the property whereby there could be only one house per twenty acres. The buyers subsequently pulled out of the contract.

Posted by: Tanja Trezise on Jul 15, 2015

This is an appeal from a final decree of divorce. Appellant Husband and Appellee Wife have one minor child. The trial court’s final decree of divorce included a division of marital property previously agreed to in a consent order, which also included an agreement regarding the sale of the marital residence. The trial court also ordered Husband to pay Wife’s COBRA benefits for three months. Concurrently with the entry of the final decree of divorce, the trial court entered a permanent parenting plan naming Wife as primary residential parent of the parties’ minor child.

Posted by: Tanja Trezise on Jul 15, 2015

This is the second appeal of a case involving the alleged breach of a construction contract. The plaintiff general contractor hired the defendant subcontractor to build and install cabinetry for a movie theater. The subcontract provided that the work should be completed by the date the theater was scheduled to open. However, at the theater‘s opening, several items remained unfinished. The general contractor refused to pay despite the subcontractor‘s demand for payment.

Posted by: Tanja Trezise on Jul 14, 2015

We granted review in this case to determine whether a trial judge is required to give a jury instruction based on our decision in State v. White, 362 S.W.3d 559 (Tenn. 2012), when a defendant is tried on charges of kidnapping and robbery of different victims. The defendant and an accomplice forced their way into the back door of a restaurant, threatened the employees at gunpoint, and ordered them into a back storage area. While the accomplice guarded these employees, the defendant forced the restaurant manager to take him to the cash drawer, where he took the restaurant?s money.

Posted by: Tanja Trezise on Jul 14, 2015

This appeal presents the issue of whether a trial judge is required to give a jury instruction based on our decision in State v. White, 362 S.W.3d 559 (Tenn. 2012), when a defendant is tried on charges of kidnapping and robbery of different victims. The defendant, along with two accomplices, broke into a family’s home while they were sleeping. Brandishing weapons, the intruders forced the family members to remain in the living room while they ransacked the home. The intruders later fled with money and jewelry. At trial, a White jury instruction was neither requested nor given.

Posted by: Tanja Trezise on Jul 14, 2015

The Defendant, Chad M. Nicol, pleaded guilty to passing a worthless check of more than $500. The trial court sentenced him as a career offender to serve six years in the Tennessee Department of Correction. On appeal, the Defendant contends that the trial court erred when it sentenced him as a career offender. He further contends that the trial court erred when it ordered his sentence to be served consecutively to his sentence for another conviction and when it ordered him to serve his sentence in confinement.


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