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Posted by: Tanja Trezise on May 5, 2015

The defendant, Thomas William Whited, was convicted of nine counts of especially aggravated sexual exploitation of a minor, a Class B felony; one count of attempted especially aggravated sexual exploitation of a minor, a Class C felony; thirteen counts of observation without consent, a Class A misdemeanor; and one count of attempted observation without consent, a Class B misdemeanor. The defendant received an effective sentence of twenty-two years.

Posted by: Tanja Trezise on May 5, 2015

The Defendant-Appellant, Narrell Christopher Pierce, was convicted by a Davidson County Criminal Court jury of attempted aggravated robbery, attempted second degree murder, employment of a firearm during the commission of a dangerous felony, and unlawful possession of a handgun by a felon. The trial court sentenced the Defendant to an effective sentence of 51 years’ confinement.

Posted by: Tanja Trezise on May 5, 2015

The Petitioner, Candance Carol Bush, appeals as of right from the denial of her petition for post-conviction relief. The Petitioner contends that she received ineffective assistance of counsel based upon trial counsel’s advice that she not testify at trial and counsel’s failure to file a motion to sever the Petitioner’s case from that of her co-defendant. The Petitioner further contends that the cumulative effect of these errors undermines the confidence in the outcome of her trial such that she is entitled to post-conviction relief.

Posted by: Tanja Trezise on May 5, 2015

Vermaine M. Burns (“the Defendant”) was convicted of several sexual offenses, all stemming from illicit Facebook chats (“chats”) and emails between himself and the victim, K.P.

Posted by: Tanja Trezise on May 5, 2015

This appeal arises out of a negligence action brought against a railroad for damage to the plaintiffs’ home and storage building during a flood in and around Memphis, Tennessee. Railroad moved for summary judgment on the ground that the negligence claim was preemptioned by federal law and that plaintiff could not prove causation. The trial court initially denied the railroad’s motion but, on reconsideration, granted summary judgment; plaintiffs appealed. We reverse the grant of summary judgment and remand for further proceedings.

Posted by: Tanja Trezise on May 4, 2015

We granted permission to appeal in this case to address whether the evidence established that the plaintiff police officer was discharged solely in retaliation for conduct protected under the Tennessee Public Protection Act, Tennessee Code Annotated section 50- 1-304, sometimes called the Whistleblower Act. The chief of police for the defendant municipality had the plaintiff police officer “fix” a traffic ticket for a relative. After the plaintiff officer complained to the mayor that the police chief had pressured him into illegal ticket fixing, the police chief discharged the plaintiff.

Posted by: Tanja Trezise on May 4, 2015

An employee sustained an injury to his knee while attempting to repair a piece of heavy machinery owned by his employer. Because of a staph infection, three separate surgical procedures were required. The knee gradually healed, leaving a thick and sensitive scar. An independent medical examiner, who testified on behalf of the employee at trial, found a permanent impairment of 7% to the lower extremity and added 5% based upon the disfigurement section of the AMA Guides. The orthopedic surgeon who performed the surgery found a permanent partial impairment of 7% to the lower extremity.

Posted by: Tanja Trezise on May 4, 2015

The petitioner, Deshaun Jantuan Lewis, appeals the post-conviction court’s denial of his petition for post-conviction relief, arguing that he received ineffective assistance of appellate counsel. Based upon our review, we affirm the denial of the petition.

Posted by: Tanja Trezise on May 4, 2015

Petitioner, Kevin Lee Johnson, was convicted of being a habitual motor vehicle offender, driving under the influence, and felony failure to appear, for which he received an effective sentence of nine years, six months to be served in the Tennessee Department of Correction. He filed a petition for post-conviction relief alleging, inter alia, ineffective assistance of counsel for failing to provide him with a copy of the order declaring him to be a habitual motor vehicle offender. The post-conviction court denied relief, and petitioner presents the same issue on appeal.


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