Articles

All Content


9,713 Posts found
Previous • Page 512 of 972 • Next
Posted by: Tanja Trezise on Jul 24, 2014

Petitioner, Kenneth Dewayne Johnson, pled guilty to aggravated assault in Davidson County on November 17, 2011. On June 10, 2013, Petitioner filed a pro se petition for postconviction relief, alleging that the trial court lacked jurisdiction because the foreman of the grand jury that issued the indictment was ineligible to serve for being a convicted felon. Petitioner also asserted that he received ineffective assistance of counsel and entered an unknowing and involuntary plea. The post-conviction court dismissed the petition as untimely.

Posted by: Tanja Trezise on Jul 24, 2014

This appeal arises from alleged violations of the Tennessee Adult Protection Act (“TAPA”). Arthur E. Wair, Jr. (“Decedent”) executed a last will and testament leaving his entire estate to his friend and accountant, Larry Mullins (“Mullins”). After Decedent died, his siblings Sidney Wair, Ralph Wair, and Juanita Jackson (“Plaintiffs”) sued Mullins in the Circuit Court for Davidson County (“the Trial Court”) not as a will contest but instead alleging that Mullins had exercised undue influence over their brother to manipulate him into executing the will all in violation of TAPA.

Posted by: Tanja Trezise on Jul 24, 2014

This appeal involves a defendant’s attempts to discover certain financial information from the plaintiff’s medical expert in order to facilitate an inquiry into potential bias. The trial court entered several orders requiring the expert witness to provide the requested financial information, which related to his income and compensation, but the expert witness repeatedly failed to comply with the trial court’s orders.

Posted by: Tanja Trezise on Jul 24, 2014

This case involves the eligibility of a Memphis police officer for automatic promotion to thirty-year Captain. The trial court granted summary judgment in favor of the officer. However, because the officer was a temporary employee prior to the cut-off date set forth in the automatic promotion provision, we find that he is not entitled to automatic promotion. We reverse the grant of summary judgment in favor of the officer and we grant summary judgment in favor of the City of Memphis. The case is remanded for further proceedings, as may be necessary, consistent with this opinion.

Posted by: Tanja Trezise on Jul 24, 2014

The owner of a promissory note died, and his widow filed a complaint in the name of his estate to collect the unpaid balance, even though her late husband’s estate had never been opened. She subsequently amended her complaint to designate herself as the plaintiff in her capacity as her late husband’s wife and next friend. The obligors on the note filed a motion for dismissal, contending that the widow had not demonstrated that she was a proper plaintiff or that she had any right to collect on the note. The trial court granted the motion to dismiss. We affirm.

Posted by: Tanja Trezise on Jul 24, 2014

This case arises out of the Mother’s request to relocate with the parties’ minor child. The trial court determined it was in the best interest of the child to remain in Tennessee with Father pursuant to Tennessee Code Annotated Section 36-6-108(c). We affirm the trial court’s best interest finding, and remand for entry of a permanent parenting plan naming Father the child’s primary residential parent and setting a parenting schedule taking into account Mother’s move.

Posted by: Tanja Trezise on Jul 23, 2014

Following a jury trial in Knox County Criminal Court, Defendant, James Joseph Ryan, was convicted of burglary of a business (an automobile dealership) and theft of property of more than $10,000.00 in value. He was sentenced as a Range II offender to an effective sentence of ten years. In this appeal, Defendant asserts that accomplice testimony was not corroborated, that the trial court erred by not finding a certain witness was an accomplice as a matter of law, and that the trial court erred by ordering Defendant to pay the court costs.

Posted by: Tanja Trezise on Jul 23, 2014

The petitioner, Steven James McCain, appeals the denial of his petition for post-conviction relief from his 1998 Davidson County Criminal Court jury convictions of two counts of first degree premeditated murder, claiming that the State withheld material evidence at trial and that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm.

Posted by: Tanja Trezise on Jul 23, 2014

On January 3, 2003 the Davidson County Grand Jury indicted Petitioner, Leonard Allen, for especially aggravated robbery. Following a jury trial, Petitioner was convicted of the charged offense. The trial court sentenced Petitioner to twenty years of incarceration. Petitioner filed a notice of appeal. Subsequently, Petitioner filed a petition to plead guilty to aggravated robbery in the same case.

Posted by: Tanja Trezise on Jul 22, 2014

The Petitioner, Johnvonta Sain, pleaded nolo contendere to aggravated assault with an agreed upon sentence of four years, suspended upon time served. The Petitioner filed a petition seeking post-conviction relief on the basis that his plea was involuntary and that he had received the ineffective assistance of counsel. After a hearing, the post-conviction court denied the Petitioner relief. The Petitioner now appeals, maintaining that his guilty plea was involuntary and asserting that the post-conviction court should have recused itself in this matter.


Previous • Page 512 of 972 • Next