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Posted by: Tanja Trezise on Oct 9, 2014

The Petitioner, Johnny Young, contends that he received the ineffective assistance of counsel at trial – citing multiple bases supporting his contention – and on appeal – citing counsel’s failure to file a motion for new trial – and asks this court to either grant him a new trial or a delayed appeal. After reviewing the record and the applicable authorities, we conclude that counsel was ineffective for failing to file a motion for new trial and, therefore, grant the Petitioner a delayed appeal.

Posted by: Tanja Trezise on Oct 9, 2014

The defendant, Jerry Brandon Phifer, was convicted of one count of aggravated robbery, a Class B felony, and one count of aggravated burglary, a Class C felony.

Posted by: Tanja Trezise on Oct 9, 2014

The petitioner, James Oscar Mason, appeals the denial of post-conviction relief from his 2012 Bedford County Circuit Court jury conviction of delivery of a Schedule II controlled substance, for which he received a sentence of 10 years’ incarceration. In this appeal, the petitioner contends that he was denied the effective assistance of counsel. Discerning no error, we affirm.

Posted by: Tanja Trezise on Oct 9, 2014

Defendant, Robert Brian King, was convicted by a Davidson County jury of assault. As a result, he was sentenced to eleven months and twenty-nine days in incarceration, to be served on supervised probation after the service of ten days in incarceration. Defendant was also ordered to pay restitution to the victim. After the denial of a motion for new trial, Defendant appeals, challenging the sufficiency of the evidence and the trial court’s decision to exclude testimony on the basis that it constituted hearsay.

Posted by: Tanja Trezise on Oct 9, 2014

The Defendant, Jeffery Scott Hutchinson, was convicted by a Bedford County jury of one count of initiating a process intended to result in the manufacture of methamphetamine, one count of promoting the manufacture of methamphetamine, and two counts of simple possession of methamphetamine. He was thereafter convicted by a separate Bedford County jury of failure to appear. At a consolidated sentencing hearing, the trial court imposed an effective eighteen-year sentence for all of these convictions.

Posted by: Tanja Trezise on Oct 9, 2014

The defendant, Quincy Maurice Deal, pled guilty, in three different cases, to two counts of aggravated robbery, Class B felonies; aggravated kidnapping, a Class B felony; possession of cocaine in a school zone with intent to sell or deliver, a Class B felony; and felon in possession of a weapon, a Class E felony. The trial court sentenced the defendant to an effective term of fourteen years, to be served consecutively to his sentences in previous convictions for which he was on probation. On appeal, the defendant argues that the trial court imposed an excessive sentence.

Posted by: Tanja Trezise on Oct 9, 2014

The Defendant, Narceus Cox, pleaded guilty to one count of unlawful possession of a controlled substance, Oxycodone, with intent to sell. The trial court denied the Defendant’s request for judicial diversion and sentenced him to a three-year sentence involving split confinement. The Defendant asserts that the trial court erred when it denied his application for judicial diversion. After a thorough review of the record and applicable law, we affirm the trial court’s judgment.

Posted by: Tanja Trezise on Oct 9, 2014

Appellants appeal from the trial court’s decision to grant partial summary judgment to the Appellee. After reviewing the record, we find that the trial court failed to state the legal grounds on which it was granting summary judgment as required by Tennessee Rule of Civil Procedure 56.04. Consequently, this Court cannot proceed with our review and must vacate the order at issue.

Posted by: Tanja Trezise on Oct 9, 2014

This appeal arises from a decision by the Davidson County Chancery Court dismissing inmate’s petition for declaratory judgment. Inmate was convicted of second degree murder and sought a declaratory order from the Tennessee Department of Correction (“TDOC”) claiming he was eligible for parole and requesting a parole hearing date. The request was denied, so inmate filed a petition for declaratory judgment with the Davidson County Chancery Court, arguing that he was entitled to a parole hearing and mandatory parole pursuant to Tenn. Code Ann. §§ 40-28-115(b)(1) and -117(b).

Posted by: Tanja Trezise on Oct 9, 2014

This post-divorce appeal concerns Mother’s request to relocate to Alabama with the Parties’ minor child. Father objected to the move and responded by filing a petition to modify the parenting plan in which he opposed Mother’s requested relocation and requested designation as the Child’s primary residential parent. Following a hearing, the trial court granted Mother’s request to relocate and revised the parenting plan to reflect the change in visitation as a result of the relocation. Father appeals. We affirm the decision of the trial court.


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