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Posted by: Tanja Trezise on Mar 12, 2015

The petitioner, Roger G. Van Blarcom, was initially charged with first degree murder, a Class A felony, and several other crimes. In exchange for the dismissal of the other charges and a reduction of the first degree murder charge, the petitioner pled guilty to second degree murder, a Class A felony, and agreed to an out-of-range sentence of thirty years to be served at 100%. He now appeals the denial of his petition for post-conviction relief, arguing that he received the ineffective assistance of counsel and that his guilty plea was not knowing and voluntary.

Posted by: Tanja Trezise on Mar 12, 2015

This appeal stems from an environmental dispute involving the Appellant, StarLink Logistics Inc. (“StarLink”), the Tennessee Department of Environment and Conservation (“TDEC”), and Appellee ACC, LLC (“ACC”). StarLink appeals the trial court’s affirmance of an order of the Tennessee Solid Waste Disposal Control Board (“Board”), which had adopted a consent order entered into between TDEC and ACC. We affirm in part, and remand the case to the trial court for further remand to the Board for further proceedings consistent with this Opinion.

Posted by: Tanja Trezise on Mar 12, 2015

This appeal arises out of Mother’s and Father’s opposing motions to modify a parenting plan. Both of the parties and the court agreed that there had been a material change in circumstance warranting a modification of the plan. After a hearing, the court largely adopted Mother’s proposed parenting plan and reduced Father’s residential parenting time. The court also denied Mother’s request for attorneys’ fees.

Posted by: Tanja Trezise on Mar 12, 2015

This appeal involves the termination of a Mother?s parental rights on the grounds of abandonment by willful failure to visit and willful failure to support. We affirm the trial court?s finding that grounds for termination exist due to abandonment by willful failure to visit, and we also affirm the trial court?s finding that termination is in the best interest of the child. We vacate the trial court?s finding of abandonment by willful failure to support but otherwise affirm the order terminating Mother?s parental rights as modified.

Posted by: Tanja Trezise on Mar 12, 2015

This case is before us on remand from the Tennessee Supreme Court. Appellee/Employee filed suit against Appellant/Employer for discrimination. Appellee later filed a separate suit for retaliation and malicious harassment. The two lawsuits were consolidated in the trial court. The case was tried to a jury, which returned a verdict in favor of Appellant on the retaliation claim. The jury awarded Appellant $3,000,000 in compensatory damages. In Ferguson v. Middle Tennessee State University, No. M2012-00890-COA-R3-CV, 2013 WL 1304490 (Tenn. Ct. App.

Posted by: Tanja Trezise on Mar 11, 2015

Defendant, Ashley Wheeler, was indicted by the Shelby County Grand Jury for two counts of forgery valued at $1,000 or more, but less than $10,000, in Counts 1 and 2. In Count 3, Defendant was indicted for attempted theft of property valued at $1,000 or more, but less than $10,000. Following a jury trial, Defendant was convicted as charged. Following a sentencing hearing, the trial court merged Count 1 with Count 2 and sentenced Defendant to two years for her forgery conviction and one year for her attempted theft conviction.

Posted by: Tanja Trezise on Mar 11, 2015

Defendant, Donnell Tunstall, was convicted of attempted second degree murder, employing a firearm during the commission of a dangerous felony, and aggravated assault. He received an effective sentence of thirty-two years for these crimes. Defendant now appeals his convictions, claiming insufficient evidence and improper admission of unfairly prejudicial evidence regarding his previous arrest for the murder of the victim’s brother.

Posted by: Tanja Trezise on Mar 11, 2015

Appellant, Kevin Dewitt Ford, appeals from the trial court’s summary dismissal of his pro se “Motion for Order Correcting Error in Judgment” filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Having reviewed the record and the briefs of the parties, we conclude that Appellant has failed to state a cognizable claim for relief, and therefore, the trial court did not err in summarily dismissing Appellant’s motion. Accordingly, the judgment of the trial court is affirmed.

Posted by: Tanja Trezise on Mar 11, 2015

The defendant, Lemaricus Devall Davidson, appeals the Knox County Criminal Court jury convictions of two counts of first degree murder, two counts of especially aggravated robbery, two counts of especially aggravated kidnapping, three counts of aggravated rape, and one count of facilitation of aggravated rape that he received for his role in the January 2007 deaths of C.N. and C.C.

Posted by: Tanja Trezise on Mar 11, 2015

An accountant appeals the dismissal of his petition for judicial review of an order of the Tennessee State Board of Accountancy. The trial court dismissed the petition for review for lack of subject matter jurisdiction. Because we find the petition for review was not timely filed, we affirm.


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