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Posted by: Tanja Trezise on Mar 20, 2015

The Petitioner, Derrick Richardson, appeals the Hamilton County Criminal Court’s denial of his two motions to reopen his post-conviction proceedings relative to his first degree felony murder conviction and resulting life sentence. The Petitioner contends that the postconviction court erred by denying his motions. We dismiss the appeal for lack of jurisdiction because the Petitioner failed to comply with the statutory requirements governing an appeal from the denial of a motion to reopen post-conviction proceedings.

Posted by: Tanja Trezise on Mar 20, 2015
Defendant, Kenneth Moses, was charged by presentment for one count of rape of a child and one count of incest. A jury found Defendant guilty as charged. The trial court sentenced Defendant to consecutive sentences of 25 years for rape of a child and six years for incest. In this appeal as of right, Defendant contends that the evidence was insufficient to support his convictions and that the trial court abused its discretion by ordering his sentences to run consecutively. After a thorough review of the record, we affirm the judgments of the trial court.
Posted by: Tanja Trezise on Mar 20, 2015

The Petitioner, Doyle Haney, appeals the Cocke County Circuit Court’s denial of his two petitions for post-conviction relief. In case number 3457, the Defendant was convicted of the sale of 0.5 grams or more of cocaine and received a thirty-year sentence. In case number 4924, he was convicted of delivering 0.5 grams or more of cocaine and received a thirty-year sentence. The sentences were ordered to be served concurrently. On appeal, the Petitioner contends that the trial court erred by denying post-conviction relief because he received the ineffective assistance of counsel.

Posted by: Tanja Trezise on Mar 20, 2015

The Defendant, Billy Ray Allen, was convicted by a Sullivan County Criminal Court jury of facilitation of possession with the intent to sell or to deliver twenty-six grams or more of cocaine, a Class C felony. See T.C.A. §§ 39-17-417(a)(4) (2010) (amended 2012, 2014) (possession with intent to sell and to deliver); 39-11-403(a) (2014) (facilitation). The trial court sentenced the Defendant as a Range II, multiple offender to six years’ confinement. In this delayed appeal, the Defendant contends that the evidence is insufficient to support his conviction.

Posted by: Tanja Trezise on Mar 20, 2015

This appeal arises from the trial court’s grant of summary judgment in favor of Defendant, the City of Waynesboro. Plaintiffs filed this lawsuit on May 5, 2006, alleging that acts and/or omissions of the City caused injury to them on May 6, 2003, when a creek near their home flooded and damaged their property. The City moved for summary judgment. The trial court found that the material facts were not in dispute and that Plaintiffs’ lawsuit was time-barred by the Tennessee Governmental Tort Liability Act’s statute of limitations.

Posted by: Tanja Trezise on Mar 20, 2015

This is a product liability action arising from a workplace injury to the plaintiff, Danny Long. Mr. Long’s left arm was severely injured on October 30, 2002, when a reducing mechanism attached to a ball valve he was using suddenly broke, causing a release of pressurized air and water onto his left arm and shoulder. Following lengthy medical treatment and multiple surgeries, Mr. Long’s left arm was amputated. On October 30, 2003, Mr.

Posted by: Tanja Trezise on Mar 20, 2015

This case involves a custody dispute between two parents and a non-parent intervener. Father originally filed a petition against Mother requesting a change of custody, but the couple reconciled and began living together while the litigation was pending. Thereafter, the maternal grandmother intervened, seeking custody of the child. The trial court found that Father presented a substantial risk of harm to the child based on his prior and current criminal history but granted Mother custody of the child.

Posted by: Tanja Trezise on Mar 20, 2015

This case involves the termination of a biological father’s parental rights to a young child. The trial court granted the mother and step-father’s petition to terminate the father’s rights and to allow the step-father to adopt the child. Father appeals. We affirm the trial court’s judgment. The evidence is clear and convincing that (1) the father abandoned the child by failing to visit and failing to support her for four months preceding the filing of the petition and (2) it is in the child’s best interest that the father’s parental rights be terminated.

Posted by: Tanja Trezise on Mar 19, 2015

The Defendant-Appellant, James Pennock, was convicted by a Dyer County jury of three counts of sale of a Schedule II controlled substance. On appeal, the Defendant argues that (1) the evidence is insufficient to establish the Defendant?s identity as the person who committed the offenses; (2) the trial court erred in instructing the jury regarding eyewitness identification testimony; and (3) the trial court erred in allowing the co-defendant, Nora Gibson, to testify without proper notice provided to the Defendant.1 Upon our review, we affirm the judgments of the trial court.


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