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Posted by: Tanja Trezise on Jul 9, 2015

The petitioner, Christopher Allen Cummins, appeals the denial of his petition for post-conviction relief. Following our review, we affirm the judgment of the post-conviction court denying the petition.

Posted by: Tanja Trezise on Jul 9, 2015

In this appeal, the State challenges the trial court’s dismissal of two counts of conspiracy to commit first degree premeditated murder, a Class A felony. Through a series of indictments, the State charged the defendant, Twanna Blair, with one count of conspiracy to commit first degree premeditated murder, three counts of felony murder, and one count of especially aggravated robbery, a Class A felony. The trial court consolidated the indictments and required the State to elect which offenses it wished to prosecute.

Posted by: Tanja Trezise on Jul 9, 2015

This appeal involves a trial court?s award of alimony in a divorce action. Wife filed for divorce in November 2012. Following a two-day trial, the trial court entered an order awarding Wife $10,000 as alimony in solido and transitional alimony of $1,000 per month for three years and, thereafter, $650 per month for an additional four years. Husband appealed the alimony awards. We affirm.

Posted by: Tanja Trezise on Jul 1, 2015

The Defendant, David L. Way, pleaded guilty to burglary and misdemeanor theft. The trial court ordered concurrent probationary sentences of four years for the burglary conviction, and eleven months and twenty-nine days for the theft conviction. Thereafter, the Defendant was arrested for burglary and possession of burglary tools. The trial court issued a probation violation warrant and, after a hearing, revoked the Defendant’s probationary sentence.

Posted by: Tanja Trezise on Jul 1, 2015

A railroad employee who was diagnosed with lung cancer filed suit against the railroad under the Federal Employers’ Liability Act, alleging that the railroad had negligently exposed him to asbestos, diesel exhaust fumes, and radioactive materials, all of which were contributing causes to his illness. The employee also alleged that the railroad was negligent per se by violating pertinent safety statutes or regulations. When the employee died prior to trial, his wife was substituted as plaintiff.

Posted by: Tanja Trezise on Jul 1, 2015

Action Chiropractic Clinic, LLC brought suit against Prentice Delon Hyler and Erie Insurance Exchange to recover $5,010.00 as payment for chiropractic services. The trial court granted Erie Insurance Exchange’s motion for summary judgment. We granted review to determine whether the “Assignment of Rights” to Action Chiropractic Clinic as a health care provider executed by Mr. Hyler was a proper assignment. Upon a thorough review of the record and the applicable law, we conclude that the document in this case was not an effective assignment.

Posted by: Tanja Trezise on Jul 1, 2015

The Petitioner, Jamar Siler, appeals the Knox County Criminal Court’s denial of his petition for post-conviction relief from his conviction for second degree murder, for which he is serving a thirty-year sentence. He contends that his guilty plea was not knowing and voluntary because it was induced by the ineffective assistance of his counsel in the conviction proceedings. We affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Jul 1, 2015

The Defendant, Wayne Sanders, was charged with aggravated robbery. After a jury trial, he was convicted of the lesser-included offense of aggravated assault. On appeal, the Defendant argues that he was denied his right to a speedy trial and that the evidence was insufficient to support his conviction. Upon review of the record and applicable law, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jul 1, 2015

The Defendant, Jerry Richard Masingo, was convicted by a Union County Criminal Court jury of voluntary manslaughter, a Class C felony. See T.C.A. § 39-13-211 (2014). The trial court sentenced the Defendant as a Range I, standard offender to six years’ confinement. On appeal, he contends that (1) the evidence is insufficient to support his conviction and (2) the trial court abused its discretion by imposing a six-year sentence. We affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jul 1, 2015

The Defendant, Fred Calvin Lee, pleaded guilty to two counts of delivery of 0.5 gram or more of cocaine, Class B felonies. See T.C.A. § 39-17-417 (Supp. 2013) (amended 2014). The trial court sentenced the Defendant as a Range I, standard offender to serve concurrent terms of ten years for each conviction. On appeal, the Defendant contends that the trial court failed to consider all of the relevant sentencing factors and erred by denying alternative sentencing. We affirm the judgments of the trial court.


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