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Posted by: Tanja Trezise on May 22, 2015

The defendant, Travis Heath King, appeals the summary dismissal of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to correct what he believes to be an illegal sentence. Because the defendant stated a colorable claim for relief under the terms of Rule 36.1, the trial court erred by summarily dismissing his motion. Accordingly, we reverse the judgment of the trial court and remand the case for further proceedings.

Posted by: Tanja Trezise on May 22, 2015

The Petitioner, Kevin Lee Johnson, appeals as of right from the Marshall County Circuit Court’s summary dismissal of his petition for post-conviction relief. The Petitioner contends that the post-conviction court erred in summarily dismissing his petition for post-conviction relief for two separate convictions: (1) a 2012 conviction for driving after having been declared a motor vehicle habitual offender (“MVHO”) and (2) a 2013 conviction for failure to appear.

Posted by: Tanja Trezise on May 22, 2015

The petitioner, Billy Jack Cook, filed a petition for post-conviction relief in the Sumner County Criminal Court, alleging that his guilty pleas were not knowingly and voluntarily entered. After a hearing, the post-conviction court denied relief, and the petitioner appeals. Upon review, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on May 22, 2015

The defendant, Gordon Herman Braden, III, appeals the revocation of his community corrections sentence, claiming that the trial court erred by ordering that he serve the balance of his sentence in confinement. Discerning no error, we affirm.

Posted by: Tanja Trezise on May 21, 2015

A Knox County Criminal Court Jury convicted the appellant, Alfred Ward, of two counts of aggravated burglary, a Class C felony, and misdemeanor theft. The trial court merged the aggravated burglary convictions and sentenced him as a Range III, persistent offender to an effective sentence of eleven years in confinement. On appeal, the appellant contends that the evidence is insufficient to support the convictions. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court but remand the case for correction of the judgments.

Posted by: Tanja Trezise on May 21, 2015

A Knox County jury found the Defendant, Tracy Dale Tate, guilty of one count each of sale and delivery of cocaine within 1,000 feet of an elementary school and one count each of sale and delivery of cocaine within 1,000 feet of a recreational center. See Tenn. Code Ann. §§ 39-17-417, -432. The trial court merged count two into count one and merged count four into count three, resulting in convictions for sale of .5 grams or more of cocaine within 1,000 feet of an elementary school and sale of .5 grams or more of cocaine within 1,000 feet of a recreational center.

Posted by: Tanja Trezise on May 21, 2015

The Defendant, Jeffery Combs, appeals as of right from his jury convictions for eighteen counts of forgery and one count of theft of property valued at $1,000.00 or more but less than $10,000.00, for all of which he received an effective twelve-year sentence.

Posted by: Tanja Trezise on May 21, 2015

Appellant, Robert R. Bishop, pleaded guilty to simple possession of a controlled substance and was sentenced to eleven months, twenty-nine days, suspended to probation. Subsequently, the general sessions court found that appellant violated his probation. He appealed the general sessions court’s judgment to criminal court. After a hearing, the criminal court also found that appellant had violated his probation.

Posted by: Tanja Trezise on May 21, 2015

This appeal concerns three notes executed by the defendants and made payable to the plaintiff. When the plaintiff filed suit, the defendants filed a motion for summary judgment, arguing that the statute of limitations for recovery on the notes had passed. The trial court denied the motion for the summary judgment. Following a bench trial, the court ruled in favor of the plaintiff, finding that the defendants were estopped from pleading the statute of limitations as a defense and that they had revived the obligation after the limtiations period ran. The defendants appeal. We affirm.

Posted by: Tanja Trezise on May 21, 2015

This appeal concerns a child custody dispute between a child's Mother and Grandparents. When the child was one year old, Mother signed an order transferring custody of the child to Grandparents. One year later, Mother petitioned to modify custody and have the child returned to her. Grandparents claimed that Mother was addicted to drugs and emotionally unstable. Following a hearing, the trial court determined that Mother presented a risk of substantial harm to the child if custody was returned to her. However, the court granted Mother visitation for the majority of each year.


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