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Posted by: Tanja Trezise on Nov 3, 2014

Plaintiffs presented Defendants with an offer of judgment pursuant to Rule 68 of the Tennessee Rules of Civil Procedure. Prior to Defendants’ acceptance, Plaintiffs attempted to rescind the offer. Defendants nevertheless accepted the offer within the time allowed by Rule 68 and attempted to enforce the offer of judgment. The trial court concluded that Plaintiffs were not entitled to revoke the offer of judgment and entered an order granting the motion to enforce the judgment. We affirm and remand.

Posted by: Tanja Trezise on Nov 3, 2014

The father and step-mother of the child at issue commenced this action to terminate the parental rights of the child’s mother and for step-parent adoption. The trial court terminated Mother’s parental rights on the grounds of abandonment by willful failure to support and by willful failure to visit the child, pursuant to Tenn. Code Ann. § 36-1-102(1)(A)(i), and upon the determination that termination of Mother’s rights was in the best interest of the child, pursuant to Tenn. Code Ann. §§ 36-1-113(c)(2) and (i).

Posted by: Tanja Trezise on Nov 3, 2014

Parents and minor child brought this action against a licensed clinical social worker, alleging that the social worker provided counseling to the minor child in violation of a court order. The social worker moved to dismiss the complaint for failure to comply with the Tennessee Health Care Liability Act’s procedural requirements. The trial court found that the complaint sounded in health care liability and accordingly dismissed it in its entirety.

Posted by: Tanja Trezise on Nov 3, 2014

This is an interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B from the trial court’s denial of a motion for recusal. Having reviewed the petition for recusal appeal pursuant to the de novo standard as required under Rule 10B, § 2.06, we affirm the trial court’s decision to deny the motion for recusal.

Posted by: Tanja Trezise on Oct 31, 2014

This appeal arises from a suit to enforce a mechanic’s lien. An architectural firm entered into an agreement with the developer of a condominium project to provide architectural and design services. The agreement stated that the firm would be paid a fee of two percent of construction costs if the condominiums were constructed. Later, the architect signed a contract to receive a penthouse as “consideration of design fees owed” on the first contract. The condominiums were constructed according to the plans drawn by the architectural firm.

Posted by: Tanja Trezise on Oct 31, 2014

Defendant, Dandarius Woods, was charged with one count of aggravated rape and one count of rape. He filed a motion to suppress a statement that he made to police, alleging that his statements were coerced by implied promises of leniency. After a hearing, the trial court granted the motion, finding that Defendant’s statements were not voluntary. The State sought an interlocutory appeal. Upon thorough review of the record, we find that the detective did not imply that Defendant would be released or that Defendant would receive treatment in lieu of a jail sentence if he confessed to rape.

Posted by: Tanja Trezise on Oct 31, 2014

On July 26, 2012, this court affirmed judgments regarding the petitioner, Kevin Womack, for possession of cocaine with intent to sell, possession of cocaine with intent to deliver, possession of a firearm with intent to employ in the commission of a dangerous felony, possession of drug paraphernalia, theft of property over $500, and tampering with evidence, reducing the theft conviction from a Class E felony to a Class A misdemeanor. State v. Kevin Womack, No. W2011-01827-CCA-R3-CD, 2012 WL 3055773, at *1 (Tenn. Crim. App. July 26, 2012). No application for permission to appeal was filed.

Posted by: Tanja Trezise on Oct 31, 2014

Petitioner, Lance Thomas Sandifer, was convicted of aggravated robbery, aggravated burglary, especially aggravated kidnapping, and aggravated rape. He was sentenced to an effective sentence of one-hundred and eight years in confinement. Petitioner appealed his convictions and sentence, and this court affirmed the judgments of the trial court. State v. Lance Sandifer, et al., No. M2008-02849-CCA-R3-CD (Tenn. Crim. App., Dec. 21, 2010) perm. app. denied (Tenn., May 26, 2011). A detailed summary of the facts underlying Petitioner’s convictions can be found in that opinion.

Posted by: Tanja Trezise on Oct 31, 2014

The Petitioner, Terry D. Sanders, appeals the Houston County Circuit Court’s denial of his petition for post-conviction relief from his convictions for two counts of the sale of less than 0.5 gram of cocaine and his effective thirty-year sentence. The Petitioner contends that the trial court erred in denying a mistrial when the State’s confidential informant testified that the Petitioner was on community corrections, that he received the ineffective assistance of counsel, and that he was denied a fair trial due to cumulative errors in the conviction proceedings.

Posted by: Tanja Trezise on Oct 31, 2014

Calvin Reid Quarles, Defendant, was convicted by a Williamson County Jury for theft of property valued over $500. After the denial of a motion for new trial, Defendant perfected this appeal. The following issues are presented for our review: (1) whether the trial court erred in giving the jury charge partially before and partially after closing arguments; and (2) whether the trial court erred by issuing a supplemental jury instruction.


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