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Posted by: Tanja Trezise on Mar 31, 2015

The petitioner, Crystal Miranda Kirby, appeals the denial of her petition for writ of habeas corpus, arguing that her judgment for first degree murder is void and illegal on its face because of the trial court’s merger of her second degree murder conviction into the first degree murder conviction after separate judgments had already been entered and the jury had been dismissed. Following our review, we affirm the judgment of the habeas court summarily denying the petition.

Posted by: Tanja Trezise on Mar 31, 2015

Laquan Napoleon Johnson (“the Petitioner”) appeals from the denial of his Petition for Writ of Error Coram Nobis (“the petition”). The coram nobis court interpreted the petition to allege an error coram nobis claim as well as a post-conviction claim. It summarily denied the error coram nobis claim and dismissed the post-conviction claim as time-barred. After a review of the record and applicable law, we affirm the judgment of the coram nobis court.

Posted by: Tanja Trezise on Mar 31, 2015

The petitioner, Jamie Lou Haneline, appeals the dismissal of his petition for the writ of error coram nobis. He was convicted of rape of a child in 2001 and received a sentence of thirtyeight years. In the petition for relief, which was filed in 2013, the petitioner alleged a newly discovered witness with information not previously known at trial. After a hearing, the court dismissed the petition as untimely and, further, found that the witness’s testimony would not have changed the verdict in the petitioner’s case.

Posted by: Tanja Trezise on Mar 31, 2015

The appellant, Andrew Lee Davis, was convicted of domestic assault. He was sentenced to eleven months and twenty-nine days in the county jail, with all but thirty days of the sentence suspended. On appeal, the appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Mar 31, 2015

The Petitioner, Troy D. Bartley, appeals the Circuit Court for Lauderdale County’s denial of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court.

Posted by: Tanja Trezise on Mar 31, 2015

Action under the Tennessee Governmental Tort Liability Act against the City of Jackson to recover for injuries sustained in a fall suffered by one plaintiff while she and her husband were walking across a bridge from a parking lot to the fairgrounds operated by the City. Following a bench trial, the court held that the bridge was in a defective and dangerous condition and that the City was not immune from suit; the court determined that the City was 60% negligent and the plaintiff 40% negligent.

Posted by: Tanja Trezise on Mar 31, 2015

This parenting dispute arose upon the parents? competing motions for modification of the existing permanent parenting plan as to the parties? minor child. The trial court previously had entered a permanent parenting plan order on May 11, 2010, designating the mother as the primary residential parent and awarding equal residential co-parenting time to both parents in an alternating weekly schedule.

Posted by: Tanja Trezise on Mar 31, 2015

This is a lawsuit brought for damage to property. After partial summary judgment was denied to the defendant, and after the trial court ruled that the defendant’s request for a jury trial was waived, the parties proceeded to a bench trial. During a hiatus after three days of trial, the parties settled the case and announced the essential terms of the settlement to the court in open court. The parties failed to agree to a written settlement document, and the plaintiffs asked the trial court to enforce the settlement. The trial court found that the settlement was enforceable.

Posted by: Tanja Trezise on Mar 31, 2015

This is a Rule 10B appeal of the denial of a petition for recusal. Appellant supported the Chancellor?s opponent in the August 2014 election and contends that her support of the opponent provides cause for the Chancellor?s recusal. The trial court denied Appellant?s motion to recuse, and Appellant filed this accelerated interlocutory appeal pursuant to Rule 10B of the Rules of the Tennessee Supreme Court. We affirm.

Posted by: Tanja Trezise on Mar 31, 2015

This is an appeal from an award of attorney?s fees following settlement of the underlying lawsuit. Appellees, law firm and attorney, represented Appellant in a lawsuit arising from an automobile accident. After protracted mediation, Appellee orally agreed to lower its contingency fee from 33 1/3% to 10% in consideration of Appellant?s agreement to settle her case against the tort defendants for $52,000. Appellant agreed to accept this offer and signed the settlement agreement at the conclusion of the mediation.


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