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Posted by: Tanja Trezise on Jul 1, 2015

The appellant, James E. Kenner, filed in the Davidson County Criminal Court a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. The motion was summarily denied, and the appellant appealed this ruling. Upon review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jul 1, 2015

The Defendant, Kenneth Duane Hall, was found guilty by a Knox County Criminal Court jury of rape, a Class B felony. See T.C.A. § 39-13-503 (2014). The trial court sentenced the Defendant to twelve years’ confinement at 100% service as a violent offender. On appeal, he contends that (1) the evidence is insufficient to support his conviction and (2) the trial court erred by admitting evidence related to domestic violence. We affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jul 1, 2015

Appellant stands convicted of driving under the influence of an intoxicant, fourth offense, and driving on a cancelled, suspended, or revoked license, second offense. The trial court sentenced appellant to an effective eighteen-month sentence, suspended to supervised probation after serving 150 days in confinement.

Posted by: Tanja Trezise on Jul 1, 2015

The appellant, Samuel L. Giddens, filed in the Williamson County Circuit Court a motion to correct his sentences pursuant to Tennessee Rule of Criminal Procedure 36.1, alleging that his sentences were illegal because he had not received mandatory pretrial jail credits. The motion was summarily denied, and the appellant appeals this ruling. Upon review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jul 1, 2015

The Petitioner, Clark Derrick Frazier, challenges the denial of his petition for writ of error coram nobis. On appeal, the Petitioner argues that, had he known about the results from the DNA analysis performed on items found at the scene, he would have elected not to plead guilty. After a review of the record and applicable law, we conclude that the Petitioner failed to prove that the results from the DNA analysis were newly discovered evidence or that he was without fault in failing to present the evidence at the proper time.

Posted by: Tanja Trezise on Jul 1, 2015

The Defendant, William Brian Brown, pleaded guilty to one count of theft of property valued more than $10,000, and one count of vandalism valued over $1,000. In accordance with the plea agreement, the trial court placed the Defendant on judicial diversion for six years, to be served on supervised probation. The Defendant agreed to pay restitution to the victims at a minimum of $250 per month. Almost a year later, the State filed a motion to set aside and terminate the order of judicial diversion, which the trial court granted.

Posted by: Tanja Trezise on Jul 1, 2015

The Petitioner, Rodney Bates, appeals the Hamilton County Criminal Court’s summary dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. On appeal, the Petitioner argues that the trial court erred by summarily dismissing his motion. The State concedes that this case should be reversed and remanded to the trial court. Upon review, we reverse the trial court’s judgment and remand the case for further proceedings.

Posted by: Tanja Trezise on Jul 1, 2015

This is the second appeal arising from the parties’ divorce and post-divorce filings. In the first appeal, we affirmed the division of marital property and the parenting schedule but reversed the award of child support and remanded with instructions to impute Mother’s income based on the minimum wage. We reversed the award of alimony in solido and remanded with instructions to award Mother rehabilitative alimony in an amount and for a duration to be determined by the trial court.

Posted by: Tanja Trezise on Jul 1, 2015

Plaintiff appeals the dismissal of her complaint on a motion for judgment on the pleadings. The complaint stemmed from a foreclosure on plaintiff‘s home. Plaintiff claimed that the foreclosing lender had no right to enforce the deed of trust because the underlying promissory note had been ?sold into a securitized trust contemporaneously with the origination of the loan.? She also alleged certain irregularities in connection with the foreclosure sale. For the reasons explained below, we affirm the dismissal of the complaint.

Posted by: Tanja Trezise on Jul 1, 2015

Linda Russell brought a Federal Employers Liability Act action against Illinois Central Railroad Company to recover for the death of her husband from throat cancer; she alleged the cancer was caused by Mr. Russell‘s exposure to carcinogens while he worked in the Illinois Central maintenance shops in Memphis, Tennessee. A jury found in her favor and awarded damages of $4,255,000.00; on Defendant‘s motion to offset the judgment in the amount of medical expenses paid on behalf of Mr. Russell, the trial court reduced the judgment to $3,335,685.00.


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