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Posted by: Tanja Trezise on Oct 21, 2014

The defendant, John Brent, was convicted of aggravated robbery and aggravated burglary, for which he was sentenced, respectively, to thirty years at 100% and fifteen years at 45%, the sentences to be served concurrently. On appeal, he argues that he is entitled to a new trial because the court erred in allowing into evidence a photograph of a pair of scissors which were similar to those in the victim’s home; that the evidence was insufficient to support either of his convictions; and that his sentence is excessive.

Posted by: Tanja Trezise on Oct 21, 2014

The defendant, Delquan Bolton, was convicted by a Shelby County Criminal Court jury of rape of a child, a Class A felony, and aggravated sexual battery, a Class B felony. He was sentenced to terms of twenty-five years and ten years, respectively, to be served concurrently in the Department of Correction. On appeal, he argues that the trial court erred in admitting character evidence and that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Oct 21, 2014

William L.W. (“Father”) appeals the termination of his parental rights to the minor child Glory A.W. (“the Child”). We find and hold that the evidence does not preponderate against the Juvenile Court for Roane County’s (“the Juvenile Court”) finding by clear and convincing evidence that grounds were proven to terminate Father’s parental rights for abandonment by failure to provide a suitable home pursuant to Tenn. Code Ann. § 36-1- 113(g)(1) and § 36-1-102(1)(A)(ii); for substantial noncompliance with the permanency plan pursuant to Tenn. Code Ann.

Posted by: Tanja Trezise on Oct 20, 2014

This case involves a dispute as to whether the defendants’ predecessors in title abandoned an easement to a shared driveway either through an express intention to abandon the easement or by inference. The defendants deny that there was an intention to abandon the right-of-way. After a bench trial, the trial court found that the plaintiffs failed to present evidence to support their claim that the predecessors in title abandoned the driveway easement. Accordingly, the trial court entered a judgment that the easement has not been abandoned by the defendants or their predecessors in title.

Posted by: Tanja Trezise on Oct 20, 2014

This appeal arises from a boundary line dispute. The parties contest the location of the common boundary line between their respective properties. Appellees argue that the boundary line lies at the center of the creek that runs between the parties’ properties. Appellants contend that the boundary lies on the creek’s east bank. Both sides proffered expert testimony to prove the boundary location. The trial court found Appellees’ expert credible.

Posted by: Tanja Trezise on Oct 20, 2014

The trial court dismissed sua sponte Plaintiff’s healthcare liability and fraud claims for failure to state a claim for which relief can be granted. It accordingly dismissed her motions to continue for the purpose of retaining counsel as moot, and denied her motion to recuse. We reverse denial of Plaintiff’s motions for continuance, vacate dismissal of her action for failure to state a claim, affirm denial of her motion to recuse, and remand for further proceedings consistent with this Opinion.

Posted by: Tanja Trezise on Oct 20, 2014

This appeal arises from a dispute over payment on a note (“the Note”). McCoy Motors, Inc. borrowed $90,000.00 from A. D. Kinkead (“Kinkead”). The Note provided, among other things, that the loan could be renewed at the end of twelve month periods and that, if Kinkead died before the Note was fully paid, the principal of the unpaid balance would be paid to William L. McCoy, Jr. and Sue McCoy. Kinkead’s attorney-in-fact, Mike Cradic (“Cradic”), informed McCoy that Kinkead was demanding that the Note be paid in full.

Posted by: Tanja Trezise on Oct 17, 2014

This is a post-divorce action involving issues of child custody, co-parenting time, and child support. The parties, Pamela Moritz (“Mother”) and Michael Tulay (“Father”), were divorced in Knox County in 2002. By agreement of the parties, custody of their children was vested in Mother, with Father being granted co-parenting time. Mother moved to Pennsylvania with the children in 2005 despite Father’s objection to such relocation. Father continued to enjoy co-parenting time with the children and pay child support to Mother.

Posted by: Tanja Trezise on Oct 17, 2014

This appeal arises from a child support matter. Gerald Freeburg (“Freeburg”), continuing in place of his adult daughter who died during the pendency of these proceedings, pursued a child support claim of his daughter against Phillip Turner (“Turner”) in the Chancery Court for Cumberland County (“the Trial Court”). Freeburg submitted what purportedly was an order from an Oklahoma court reflecting Turner’s child support arrearage. The Trial Court held that the purported order from Oklahoma did not constitute a court order and dismissed the matter. Freeburg timely appealed.


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