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Posted by: Tanja Trezise on Jan 13, 2015

The defendant, Johnny Frank Royston, Sr., was tried by a jury and convicted of attempted second degree murder, a Class B felony; two counts of aggravated rape, a Class A felony; especially aggravated kidnapping, a Class A felony; and aggravated kidnapping, a Class B felony. The defendant was sentenced to an effective sentence of fifty years’ imprisonment. On appeal, the defendant challenges: (1) the sufficiency of the evidence, including the trial court’s instructions pursuant to State v. White, 362 S.W.3d 559, 577 (Tenn.

Posted by: Tanja Trezise on Jan 13, 2015

Abraham Mitchell (“the Petitioner”) pleaded guilty to one count of vandalism over $10,000 and one count of attempted theft of property valued over $1,000 and was sentenced to four years as a Range I offender. In this appeal from the denial of post-conviction relief, the Petitioner argues that his plea was not entered voluntarily, knowingly, and intelligently; that he was denied effective assistance of counsel; and that he was denied due process of law. After a thorough review of the record and applicable law, we affirm the judgment of the postconviction court.

Posted by: Tanja Trezise on Jan 13, 2015

Following a jury trial, Terrence Lamont McDonald (“the Defendant”) was convicted of four counts of aggravated rape and one count of reckless endangerment, as a lesser-included offense of aggravated assault. At a sentencing hearing, the trial court merged the Defendant’s convictions for aggravated rape in counts two and four into his aggravated rape convictions in counts one and three, respectively. The trial court imposed a total effective sentence of 25 years in the Department of Correction.

Posted by: Tanja Trezise on Jan 13, 2015

A jury convicted the Defendant, Romarcus Echols, of especially aggravated kidnapping, especially aggravated robbery, aggravated burglary, and employing a firearm during the commission of a dangerous felony. The trial court imposed an effective sentence of 60 years. The sentences for especially aggravated kidnapping, especially aggravated robbery, and employing a firearm during the commission of a dangerous felony were ordered to be served consecutively with each other, but concurrently with his sentence for aggravated burglary.

Posted by: Tanja Trezise on Jan 13, 2015

This is a premises liability action in which Plaintiff filed suit against Defendant for injuries she sustained as a result of a trip and fall accident in a parking lot. Defendant filed a motion for summary judgment, arguing that he owed no duty to Plaintiff and that Plaintiff was more than 50 percent at fault for her injuries. The trial court granted the motion for summary judgment and dismissed the complaint. Plaintiff appeals. We affirm.

Posted by: Tanja Trezise on Jan 13, 2015

This is a health care liability action in which Defendant sought summary judgment, claiming that Plaintiffs’ expert was not qualified to render an expert opinion because she was not practicing in her field during the year preceding the date of the injury. The trial court agreed and dismissed the action. Plaintiffs appeal. We reverse the decision of the trial court.

Posted by: Tanja Trezise on Jan 12, 2015

This is a breach of contract case arising from a sub-lease between a salon owner and her tenant. After Lessor terminated the Lease Contract, Lessee filed suit in general sessions court for damages. The general sessions court awarded Lessee $15,000 in damages. Lessor appealed to circuit court, which granted competing motions for summary judgment in favor of both Lessor and Lessee. Lessee appealed. The judgment of the trial court is vacated and remanded, due to Tenn. R. Civ. P. 56.04 deficiencies in the trial court’s order.

Posted by: Tanja Trezise on Jan 12, 2015

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