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Posted by: Tanja Trezise on Jun 15, 2015

Defendant, Randy Wayne Johnson, challenges the sufficiency of the evidence supporting his conviction for especially aggravated kidnapping. He argues that the kidnapping was merely incidental to the accompanying assault, of which he was also convicted. Because Defendant?s conduct in committing the kidnapping constituted a separate and independent offense, there is sufficient evidence to support his conviction, and Defendant is not entitled to relief.

Posted by: Tanja Trezise on Jun 15, 2015

The defendant, Malik Hardin, pleaded guilty to possession with intent to sell less than 0.5 grams of cocaine in a drug free school zone, possession of a firearm during the commission of a dangerous felony, simple possession of a controlled substance, and criminal trespass. He received a total effective sentence of fifteen years to be served at 100 percent.

Posted by: Tanja Trezise on Jun 15, 2015

This case arises from a non-contact accident between a John Deere crop sprayer and a school bus. The sprayer, which is insured by Tennessee Farmers Mutual Insurance Company as subrogee of the owner, Appellee Kenneth L. Couch, was driven by Mr. Couch‘s employee, Cameron Martin. The school bus, which is owned by Appellant Jackson Madison School System Board of Education, was driven by its employee, Lawrence Davis. The trial court held that Mr.

Posted by: Tanja Trezise on Jun 15, 2015

J.L.W. (Mother) appeals from the order terminating her parental rights to her minor daughter, M.P.H. (the Child).1 Based on evidence of Mother’s drug abuse, the Department of Children’s Services (DCS) removed the Child from Mother’s custody and placed her in foster care. The Child was later adjudicated dependent and neglected. Eighteen months after the Child’s removal, DCS filed a petition to terminate each of her parents’ rights. After a trial, the court granted the petition.

Posted by: Tanja Trezise on Jun 15, 2015

This is a post-divorce parent relocation case. Robert Todd Heilig (Father) notified Heather Dawn Lyons Bevil, formerly Helig (Mother) of his intent to move with the parties? minor son from Chattanooga to Toccoa, Georgia, about three and a half hours away, in order to assume new employment. Mother opposed the move and filed a petition asking the trial court to disallow it. Mother alleged that the parties were spending substantially equal intervals of time with the child, and that the move was not in the best interest of the child.

Posted by: Tanja Trezise on Jun 15, 2015

On August 6, 2011, Carrie Coggins and her husband Joel R. Coggins (Plaintiffs) visited a patient at Wellmont Holston Valley Medical Center (Hospital). While there, Mrs. Coggins tripped and fell, sustaining serious injuries. Plaintiffs filed suit and alleged that Mrs. Coggins tripped over a feeding tube that, according to Plaintiffs, had been negligently left near her friend’s bed in such a way as to create a dangerous condition. Before they filed suit, Plaintiffs served Hospital with pre-suit notice of their intent to file. See Tenn. Code Ann. § 29-26-121 (2012).

Posted by: Tanja Trezise on Jun 15, 2015

This is a premises liability case in which the plaintiffs filed suit against the defendant, alleging that Kyle Beverly slipped and fell on the floor after entering the defendant’s dining establishment. The defendant filed a motion for summary judgment, asserting that Kyle Beverly was comparatively negligent and that the plaintiffs could not prove that its employees had notice of the dangerous condition prior to the fall.

Posted by: Tanja Trezise on Jun 15, 2015

This is a termination of parental rights case in which the Tennessee Department of Children?s Services filed a petition to terminate the parental rights of Christee R. and Matthew R. to two of their minor children. Following a bench trial, the trial court found that clear and convincing evidence existed to support the termination of each parent?s parental rights on the statutory grounds of persistence of conditions and mental incompetence and that termination of their rights was in the best interest of the children. The parents appeal. We affirm the decision of the trial court.

Posted by: Tanja Trezise on Jun 12, 2015

The dispute central to this interlocutory appeal involves a failed real estate transaction and alleged breach of a real estate agent‘s fiduciary duty to her client. The plaintiff buyer entered into an agreement to purchase improved real property from the seller but failed to obtain financing to complete the purchase. In a previous action brought by the seller against the buyer, the trial court found that the buyer‘s attempted termination of the contract was ineffective and that he therefore breached the contract. On appeal, this Court affirmed that judgment in favor of the seller.

Posted by: Tanja Trezise on Jun 12, 2015

The Petitioner, Andrew Mann, appeals as of right from the Knox County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance from his trial counsel due to trial counsel’s advice that he testify in his own defense. Discerning no error, we affirm the judgment of the post-conviction court.


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