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Posted by: Tanja Trezise on Mar 2, 2015

Plaintiffs contend that the sales tax law unconstitutionally discriminates against satellite television providers. The law taxes the entire subscription fee billed to satellite customers while the first $15 of the subscription fee billed to cable customers is exempt. On crossmotions for summary judgment, the trial court found the sales tax law violated the Commerce Clause of the United States Constitution. The Commissioner of Revenue appeals. Because we find that satellite providers and cable providers are not similarly situated for purposes of the Commerce Clause, we reverse.

Posted by: Tanja Trezise on Mar 2, 2015

The trial court denied Plaintiff’s motion to recuse and granted Defendants’ motion to dismiss for failure to prosecute. We reverse in part, affirm in part, and remand for further proceedings consistent with this Opinion.

Posted by: Tanja Trezise on Feb 27, 2015

A.E.M. (Mother) surrendered parental rights with respect to her minor daughter, R.S.M. (the Child), to prospective adoptive parents, P.B.G. and D.R.G. (collectively, Respondents). M.S.M. and M.W.M. (Grandparents), the Child’s maternal grandparents, filed a complaint seeking to intervene in the surrender by A.E.M. of her parental rights. At trial, the court found (1) that the burden of proof was on Grandparents to establish, by clear and convincing evidence, that it was in the Child’s best interest to remove her from Respondents, and (2) that they failed to meet their burden.

Posted by: Tanja Trezise on Feb 27, 2015

K.M.K. (Father) appeals the trial court’s judgment terminating his parental rights to his son, K.M.K., and his daughter, K.M.K. (collectively, the Children). The petitioner, Department of Children’s Services (DCS), removed the Children from their mother’s home after it found them living in unsafe and unsanitary conditions. They were placed in foster care and subsequently adjudicated dependent and neglected. Nine months later, DCS filed a petition to terminate the parental rights of both parents.

Posted by: Tanja Trezise on Feb 27, 2015

The Petitioner, Keesha Washington, appeals the Williamson County Circuit Court’s denial of her petition for post-conviction relief from her 2010 conviction for aggravated arson and her eighteen-year sentence. She contends that the post-conviction court erred by denying her relief because she received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Feb 27, 2015

The Petitioner, Don Sanders, appeals the Shelby County Criminal Court’s dismissal of his petition for post-conviction relief seeking relief from his conviction of first degree premeditated murder and resulting life sentence. On appeal, the Petitioner contends that the post-conviction court erred by ruling that his petition was untimely and by refusing to toll the one-year statute of limitations for his mental incompetence. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the post-conviction court’s dismissal of the petition.

Posted by: Tanja Trezise on Feb 27, 2015

Petitioner, Willie Moore, pleaded guilty to eleven counts of identity theft, Class D felonies, and received the agreed-upon sentence of eleven years on each count to be served concurrently with each other as a persistent offender at forty-five percent release eligibility. He filed the instant petition for post-conviction relief on the basis that his guilty pleas were not knowingly, voluntarily, and intelligently entered. The post-conviction court denied relief, and this appeal followed. Upon review, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Feb 27, 2015

The defendant, Reginald Perry Davis Lashley, appeals the revocation of his probationary sentence. The defendant pled guilty to two counts of criminal attempt to deliver a controlled substance, to wit ecstasy, and received an effective six-year sentence, which was suspended to supervised probation following service of one year in incarceration.

Posted by: Tanja Trezise on Feb 27, 2015

The Defendant-Appellant, Calvin Douglas, was convicted by a Shelby County Criminal Court jury of three counts of aggravated assault and one count of reckless endangerment with a dangerous weapon. The trial court sentenced the Defendant to an effective sentence of 20 years? confinement. On appeal, the Defendant argues that (1) the evidence is insufficient to sustain his convictions for aggravated assault and reckless endangerment with a deadly weapon, and (2) the trial court abused its discretion in imposing consecutive sentences.

Posted by: Tanja Trezise on Feb 27, 2015

A Shelby County Criminal Court Jury convicted the petitioner, Alphonzo Chalmers, of first degree murder, and the trial court imposed a sentence of life imprisonment in the Tennessee Department of Correction. Thereafter, the petitioner filed a petition for writ of error coram nobis, arguing that newly discovered mental health records entitled him to a new trial. The coram nobis court summarily denied the petition, and the petitioner appeals. Upon review, we affirm the judgment of the coram nobis court.


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