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Posted by: Tanja Trezise on Jun 5, 2015

The Defendant, Michael Wise, pleaded guilty to sexual battery by an authority figure, a Class C felony. See T.C.A. § 39-13-527 (2014). The trial court sentenced him as a Range I, standard offender to three years? confinement in the Tennessee Department of Correction. On appeal, the Defendant contends that the court abused its discretion by denying him alternative sentencing and that a presumption of reasonableness should not apply to its findings. We affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jun 5, 2015

The Petitioner, Jason Christopher Underwood, appeals as of right from the Bedford County Circuit Court’s denial of his petition for post-conviction relief.

Posted by: Tanja Trezise on Jun 5, 2015

A Davidson County jury convicted the Defendant, Deaundra Donnell Smith, of first degree felony murder and especially aggravated robbery. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred when it denied his motion for mistrial based upon the State’s alleged failure to disclose exculpatory evidence; and (3) the trial court erred when it failed to admit into evidence a text message sent from one of his co-defendants to the other co-defendant.

Posted by: Tanja Trezise on Jun 5, 2015

In January 2012, a jury convicted Windie L. Perry (“the Defendant”) of two counts of especially aggravated kidnapping, two counts of aggravated child abuse, facilitation of rape of a child, aggravated assault, two counts of false imprisonment, and six counts of reckless endangerment. For these offenses, the trial court imposed an effective 20-year sentence. On appeal, the Defendant challenges the sufficiency of the evidence as it relates to her convictions for especially aggravated kidnapping, aggravated child abuse, facilitation of rape of a child, and aggravated assault.

Posted by: Tanja Trezise on Jun 5, 2015

Abbas Nejat (“the Petitioner”) challenges the denial of his petition for post-conviction relief. On appeal, the Petitioner argues that he received ineffective assistance of counsel when trial counsel failed to include the transcript of the Petitioner?s Rule 404(b) hearing in the record on direct appeal. Upon review of the record, we conclude that the Petitioner?s challenge to admission of evidence about his membership in the Kurdish Pride Gang under Tennessee Rule of Evidence 404(b) is without merit.

Posted by: Tanja Trezise on Jun 5, 2015

Appellant, Jason Lyles, was convicted by a Maury County jury of two counts of facilitation of sale of cocaine, a Schedule II controlled substance, in an amount of 0.5 grams or more in a drug-free zone, a Class C felony; one count of sale of cocaine in an amount of 0.5 grams or more in a drug-free zone, a Class B felony; and one count of sale of cocaine in an amount of 0.5 grams or more, a Class B felony.

Posted by: Tanja Trezise on Jun 5, 2015

The Defendant, John Edward Lewis, was convicted of vandalism of property valued at $1,000 or more but less than $10,000, a Class D felony. On appeal, the Defendant challenges the sufficiency of the evidence as to the value of the damaged property for the purposes of the grade of the offense and restitution. Upon review, we find that the evidence was insufficient to establish the value of the property damaged. Accordingly, we reverse the judgment of the trial court and modify the Defendant’s conviction to vandalism of property valued at less than $500, a Class A misdemeanor.

Posted by: Tanja Trezise on Jun 5, 2015

Plaintiff filed a complaint for damages against an individual and an insurance company. This appeal arises from the trial court’s denial of a motion to set aside a final judgment of dismissal for failure to prosecute in favor of the individual defendant. Summary judgment was granted to the defendant insurance company, and the order was certified as final. In addition, the trial court denied a motion to amend the complaint to add allegations against a different insurance company. Approximately one year later, a trial occurred against the individual defendant; plaintiff failed to appear.

Posted by: Tanja Trezise on Jun 5, 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 Jun 4, 2015

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