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Posted by: Tanja Trezise on Jun 26, 2015

This appeal arises from a divorce. After 20 years of marriage, Michael Todd Culver (“Husband”) sued Lisa Culver (“Wife”) for divorce in the Circuit Court for Hamilton County (“the Trial Court”). After a trial, the Trial Court divided the marital estate and granted the parties a divorce. Wife appeals to this Court. We hold, inter alia, that the Trial Court did not commit reversible error in its valuation or division of the marital estate, or in declining to find Husband in contempt.

Posted by: Tanja Trezise on Jun 25, 2015

The defendant was convicted of attempted voluntary manslaughter, aggravated assault, and false imprisonment. After determining that the separate convictions for attempted voluntary manslaughter and aggravated assault did not violate double jeopardy, the trial court imposed consecutive sentences totaling twenty-six years, eleven months, and twenty-nine days. A divided panel of the Court of Criminal Appeals affirmed, finding no double jeopardy violation.

Posted by: Tanja Trezise on Jun 25, 2015

The Defendant, Jeremy S. Moore, appeals the Dickson County Circuit Court’s order revoking his probation for his convictions for two counts of aggravated burglary and theft of property valued at $1000 or more but less than $10,000 and ordering him to serve the remainder of his effective six-year sentence in confinement. The Defendant contends that the trial court abused its discretion by revoking his probation. We affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jun 25, 2015

The petitioner, Lawrence Freeze, appeals the denial of his petition for post-conviction relief. The petitioner pled nolo contendere to aggravated sexual battery and rape, both Class B felonies, and received an effective sentence of ten years in the Department of Correction. On appeal, he contends that the court erred in denying his petition because he was denied effective assistance of counsel, which resulted in an unknowing and involuntary guilty plea. Specifically, he contends that trial counsel’s failure to be prepared for trial left him with no choice but to accept the agreement.

Posted by: Tanja Trezise on Jun 25, 2015

Appellant, Lamar Mandell Cullom, was convicted in Count I of the indictment of casual exchange of a controlled substance as a lesser-included offense of the indicted offense of sale of cocaine, a Schedule II controlled substance within 1,000 feet of a drug-free zone. He was convicted in Count II of delivery of 0.5 grams or more of cocaine, a Schedule II controlled substance, within 1,000 feet of a drug-free zone. The trial court sentenced him to consecutive terms of eleven months, twenty-nine days and fifteen years, respectively.

Posted by: Tanja Trezise on Jun 25, 2015

The petitioners filed this action seeking to remove the respondent from the position of county law director of Anderson County pursuant to Tennessee?s ouster law, found at Tennessee Code Annotated section 8-47-101. The respondent filed a motion to dismiss, which the trial court granted after concluding that the position of county law director is not a public office subject to the ouster law. On appeal, the petitioners argue that the trial court erred in concluding that the position of county law director is not a public office.

Posted by: Tanja Trezise on Jun 25, 2015

Mother and Father were married to other people when the Child was conceived. Mother divorced her husband, but Father returned to his wife and children after the Child was born. Father initiated court proceedings in an effort to be named the Child?s primary residential parent and to obtain parenting time. The court performed a best interest analysis and determined that Mother was better suited to be named the primary residential parent. By the time of trial, Mother was living in California, and Father was living in Tennessee.

Posted by: Tanja Trezise on Jun 25, 2015

The trial court ordered the Marshall County Sheriff?s Office to produce the public records requested by Appellant but declined to award Appellant any attorneys? fees. On appeal, we conclude that the trial court abused its discretion in declining to award attorneys? fees. Accordingly, we reverse and remand the case to the trial court for the entry of an order awarding Appellant reasonable attorneys? fees and costs pursuant to Tennessee Code Annotated § 10-7-505(g).

Posted by: Tanja Trezise on Jun 25, 2015

This appeal arises from a conservatorship proceeding in the Putnam County Probate Court. The trial court appointed co-conservators over the Respondent?s property and person. We vacate the trial court?s final order and remand for the entry of an order that complies with Tennessee Rule of Civil Procedure 52.01.

Posted by: Tanja Trezise on Jun 23, 2015

The Petitioner, Michael White, appeals the Davidson County Criminal Court’s dismissal of his petition for habeas corpus relief from his 2005 convictions for five counts of rape and his fifty-five-year sentence. The Petitioner contends that the habeas corpus court erred by summarily denying relief. He argues that his convictions are void because his constitutional right to a jury trial was violated by the trial court’s applying erroneous sentencing enhancement factors and that principles of double jeopardy were violated by the court’s merging his convictions.


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