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Posted by: Tanja Trezise on Dec 12, 2014

The petitioner, Ricardo Davidson, filed a petition in the Maury County Circuit Court, seeking habeas corpus relief from four felony drug convictions. The court summarily dismissed the petition, finding that the petitioner failed to file in the court closest to him and that, regardless, his claims did not entitle him to habeas corpus relief. On appeal, the petitioner challenges this ruling. Upon review, we affirm the judgment of the habeas corpus court.

Posted by: Tanja Trezise on Dec 12, 2014

The trial court denied Defendant Mother’s motion to recuse in this post-divorce dispute. We affirm.

Posted by: Tanja Trezise on Dec 12, 2014

This appeal arises from an internal conflict in a planned community. A group of property owners (“Plaintiffs”) sued another group of property owners (“Defendants”) 1 in the Chancery Court for Cumberland County (“the Trial Court”). Both groups contested which was the legitimate Board of Directors for the community association. Plaintiffs sought, among other things, declaratory relief as to the rights and responsibilities of the parties. Plaintiffs filed a motion for class action certification.

Posted by: Tanja Trezise on Dec 12, 2014

Jimmy W. Bilbo and Mildred D. Bilbo (“Plaintiffs”) sued Ocoee Place Condominium Homeowners Association (“Defendant”) for, among other things, negligent construction which allegedly caused flooding that damaged Plaintiffs’ property. Defendant filed a motion for summary judgment alleging, in part, that Defendant did not own the relevant real property, that Defendant exercised no input or control over the construction, and that Plaintiffs’ action was barred by the statute of limitations and the statute of repose.

Posted by: Tanja Trezise on Dec 10, 2014

Landowners, whose properties abut a gravel road that crosses over the land of another, claim the right to use that road for ingress and egress. The trial court found the gravel road was formerly a public road, but that the road ceased being a public road at some point. Once the road ceased being a public road, the trial court found the landowners whose land abutted the road had a permanent easement and right to use the road for ingress and egress purposes. The landowners over whose property the road crosses appealed. We affirm the trial court’s judgment.

Posted by: Tanja Trezise on Dec 10, 2014

The Appellant was convicted of burglary and theft over $500 and sentenced to four years. On appeal, the Appellant argues that there was insufficient evidence to support the convictions. After reviewing the record and the applicable law, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Dec 10, 2014

The Petitioner, Ricky Frith, appeals the denial of post-conviction relief, arguing that he received ineffective assistance of counsel based upon trial counsel’s failure to: (1) adequately communicate, investigate, and prepare for trial by obtaining “exonerating records”; (2) raise a Fourth Amendment challenge to the Petitioner’s illegal arrest; (3) subpoena the officer who took the victim’s initial suspect description; and (4) file a timely motion for new trial.

Posted by: Tanja Trezise on Dec 10, 2014

Calvin Ellison (“Defendant”) was indicted on one count of attempted first degree murder, two counts of aggravated assault, and one count of employing a firearm during the commission of or attempt to commit a dangerous felony - attempted first degree murder. A jury returned verdicts convicting the Defendant of misdemeanor reckless endangerment as a lesser-included charge of attempted first degree murder, one count of aggravated assault, and employing a firearm during the commission of or attempt to commit a dangerous felony.

Posted by: Tanja Trezise on Dec 10, 2014

The petitioner, Howard G. Bruff, appeals the Cumberland County Criminal Court’s denial of his timely petition for post-conviction relief, which petition challenged his 2005 convictions of first degree murder and especially aggravated robbery on the grounds that his trial counsel was ineffective. Because the record supports the decision of the post-conviction court, we affirm that court’s order.

Posted by: Tanja Trezise on Dec 10, 2014

The defendant, David Patrick Armitage, was convicted of aggravated robbery, a Class B felony, and sentenced to twenty years in the Department of Correction. The sentence was to be served consecutively to a previous out-of-state sentence. On appeal, the defendant raises two issues for review: (1) whether there was sufficient corroboration of an accomplice’s testimony with regard to the defendant’s identity; and (2) whether the evidence is sufficient to support the conviction. Following review of the record, we affirm the conviction and sentence as imposed.


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