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Posted by: Tanja Trezise on Sep 15, 2014

The petitioner, Dennis Cedric Woodard, Jr., appeals the summary dismissal of his petition for post-conviction relief and/or petition for writ of error coram nobis as untimely. He asserts that the statute of limitations should be tolled in the interest of justice because he did not learn until well after its expiration that his trial counsel simultaneously represented one of the witnesses against him, Henry Young, without his knowledge. After review, we reverse the summary dismissal and remand for an evidentiary hearing.

Posted by: Tanja Trezise on Sep 15, 2014

The petitioner, Donna Leigh Pearson, appeals the summary dismissal of her amended petition for post-conviction relief. Because the post-conviction court erred by summarily dismissing the amended petition as conceded by the State, the case is remanded to that court for an evidentiary hearing solely on the issue of counsel’s handling of the delayed direct appeal.

Posted by: Tanja Trezise on Sep 15, 2014

Plaintiff is an inmate in the Tennessee prison system serving a life sentence with the possibility of parole for first degree murder. The Tennessee Board of Parole declined to recommend the inmate for parole, citing as its reason the seriousness of his offense. The inmate filed a common law writ of certiorari in Davidson County Chancery Court challenging the Board’s decision to deny him parole. The chancery court dismissed the petition for failure to state a claim upon which relief can be granted. We affirm.

Posted by: Tanja Trezise on Sep 15, 2014

This is an appeal of the trial court’s grant of a one-year extension of an order of protection. The petitioner/father had initially obtained an ex parte order of protection against the respondent/mother in August 2005. Subsequent to the expiration of that ex parte order, the parties were divorced in January 2007, with the trial court incorporating into the final decree of divorce an agreed permanent parenting plan awarding the parents equal co-parenting time with their two minor children.

Posted by: Tanja Trezise on Sep 15, 2014

This is a termination of parental rights case in which the Tennessee Department of Children’s Services filed a petition to terminate Parents’ parental rights to the Child. The trial court found that clear and convincing evidence existed to support the termination on the statutory grounds of abandonment for failure to remit support, substantial noncompliance with the permanency plans, and the persistence of conditions which led to removal. The court further found that termination of each parent’s parental rights was in the best interest of the Child. Parents appeal.

Posted by: Tanja Trezise on Sep 12, 2014

We granted permission to appeal in this premises liability action to address two issues: (1) whether the undisputed facts establish either the accepted work doctrine exception or the nondelegable duty to the public exception to the general rule that property owners are not vicariously liable for the negligence of independent contractors; and (2) whether disputes of material fact remain concerning the property owner’s actual or constructive notice of the defective condition created by the independent contractor’s negligence.

Posted by: Tanja Trezise on Sep 12, 2014

For his involvement in the January 2007 murders of the victims C.N. and C.C.,1 appellant, Letalvis Darnell Cobbins, was found guilty of multiple counts of first degree murder, facilitation of first degree murder, especially aggravated robbery, especially aggravated kidnapping, facilitation of especially aggravated kidnapping, and aggravated rape, for which he received an effective sentence of life in prison without the possibility of parole plus one hundred years.

Posted by: Tanja Trezise on Sep 12, 2014

The trial court granted a directed verdict pursuant to Tenn. R. Civ. P. 50.01 in favor of the defendant in a premises liability action.

Posted by: Tanja Trezise on Sep 12, 2014

The Disciplinary Board of the Turney Center Industrial Complex convicted Petitioner of assault based upon his involvement in a gang stabbing of another inmate, the conviction was affirmed by the Commissioner of the Department of Correction. Petitioner then filed this common law writ of certiorari with the Chancery Court of Hickman County to challenge his conviction. The trial court granted the writ and the administrative record was filed with the trial court.

Posted by: Tanja Trezise on Sep 10, 2014

This appeal involves the standard that appellate courts should use to review a trial court’s decision regarding the credibility of a witness who testifies by telephone. A mother of two children filed for divorce in the Circuit Court for Hamilton County. When the suit was filed, the parties’ daughter was living with her mother, and the parties’ son was living in Middle Tennessee with his father. Both parents sought custody of their son. When the case was tried, the mother’s first witness testified by telephone without objection from the father.


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