Articles

All Content


9,713 Posts found
Previous • Page 433 of 972 • Next
Posted by: Tanja Trezise on Jan 23, 2015

This is an interlocutory appeal as of right, pursuant to Rule 10B of the Rules of the Supreme Court of Tennessee, from the trial court’s denial of a motion to recuse in a divorce proceeding. Having reviewed the petition for recusal appeal filed by the Wife, Leslie A. Muse (“Wife”), pursuant to Rule 10B of the Rules of the Tennessee Supreme Court, along with the motion to dismiss this appeal filed by Husband, Robert L. Jolley, Jr. (“Husband”), we conclude that the petition was not timely filed. Accordingly, we grant the motion, and dismiss this appeal.

Posted by: Tanja Trezise on Jan 23, 2015

This appeal stems from an action filed by the State of Tennessee ex rel. Bradley County regarding delinquent real property taxes. The property at issue was sold during a tax sale in 2006. The owners of the property at the time of the tax sale subsequently filed an action to set aside the tax sale, alleging that they were not afforded due process and were never notified of the delinquent tax action. The trial court granted summary judgment to the owners and voided the tax sale due to lack of proper notice. The party who purchased the subject property at the tax sale has appealed.

Posted by: Tanja Trezise on Jan 22, 2015

In this petition to terminate the parental rights of a biological parent, we granted permission to appeal to address whether the State is required to prove that it made reasonable efforts to reunify the parent with the child as a precondition to termination. We hold that it is not. An action to terminate the parental rights of a biological parent is governed by Tennessee Code Annotated § 36-1-113.

Posted by: Tanja Trezise on Jan 22, 2015

The defendant, Patrick Leighton Ryan, Jr., was convicted of misdemeanor theft under $500 and sentenced to eleven months and twenty-nine days of supervised probation, with credit for time served. On appeal, he argues that the trial court erred both by not requiring the State to make an election of offenses or giving a special jury instruction as to unanimity, in excluding a police property inventory from 2005, and in not taking judicial notice of the Grand Junction Police Manual and that the evidence is insufficient to sustain his conviction.

Posted by: Tanja Trezise on Jan 22, 2015

The Defendant-Appellant, Artterraces Buchanan, pleaded guilty to one count of reckless aggravated assault, a Class D felony. See T.C.A. § 39-13-102. The trial court denied the Defendant’s request for judicial diversion and imposed a two-year sentence involving split confinement. On appeal, the Defendant contends that the trial court erred in denying his application for judicial diversion. Upon our review of the record, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jan 22, 2015

The defendant, Carmel Borum, also known as Carnel Borum, appeals his Shelby County Criminal Court jury convictions of two felonies – theft and evading arrest. He received an effective sentence of 18 years as a persistent offender. On appeal, he claims that the trial court erroneously admitted testimony about the value of the property in question and that the evidence was insufficient to support the convictions. Based upon our review of the record, the briefs, and the applicable law, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Jan 22, 2015

This appeal arises from a suit by a borrower against a servicing agent and law firm to enjoin a foreclosure sale and to set aside the assignment of the deed of trust. The action was ultimately dismissed on summary judgment. The trial court found that the borrower lacked standing to enjoin the sale because he no longer had an interest in the real property subject to the foreclosure sale. The trial court also found that, to the extent the borrower’s claims sounded in fraud, they were barred by the applicable statute of limitations. We affirm the trial court’s judgment.

Posted by: Tanja Trezise on Jan 21, 2015

The Petitioner, Gregory D. Valentine, appeals the Sumner County Criminal Court’s summary dismissal of his pro se petition for post-conviction relief as waived or previously determined. The State responds that the post-conviction court properly dismissed the Petitioner’s claims without a hearing. Upon review, we reverse and remand for further proceedings with regard to the Petitioner’s ineffective assistance of counsel claim.

Posted by: Tanja Trezise on Jan 21, 2015

A Shelby County Grand Jury returned an indictment against Defendant, Jeffrey Horskins, charging him with attempted first degree murder, aggravated assault, two counts of aggravated burglary, and theft of property valued at more than one-thousand dollars. After a jury trial, Defendant was found guilty of reckless endangerment, aggravated assault, two counts of aggravated burglary, and theft of property valued between $500 and $1,000.

Posted by: Tanja Trezise on Jan 21, 2015

The Petitioner, Jermaine Gwin, appeals from the summary dismissal of his pro se petition for writ of habeas corpus. On appeal, he argues that the trial court lacked jurisdiction to convict him because (1) his indictment failed to track the language of the second degree murder statute and (2) the indictment failed to include an essential element of the offense. Upon review of the record and applicable law, we find the issues are without merit and affirm the judgment of the habeas corpus court.


Previous • Page 433 of 972 • Next