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Posted by: Tanja Trezise on Jun 26, 2014

Appellant, Kenneth Krasovic, was charged with one count of vehicular homicide by reckless conduct and five counts of reckless endangerment with a deadly weapon stemming from an automobile crash that occurred in Grundy County. The jury found Appellant guilty on all counts and the trial court sentenced Appellant to a total effective sentence of twelve years and six months. Appellant filed a motion for a new trial which was denied after a hearing.

Posted by: Tanja Trezise on Jun 26, 2014

Appellant, Walter Lee Hicks Jr., was convicted by a Marshall County jury of numerous offenses that arose from an encounter with an officer of the Tennessee Highway Patrol. The sentences imposed included four years for reckless endangerment with a deadly weapon, eight years for evading arrest and creating a risk of death and injury, and five years for giving a false report. The trial court ordered that the sentences be served consecutively, with all remaining sentences to be served concurrently, for a total effective sentence of seventeen years at thirty-five percent.

Posted by: Tanja Trezise on Jun 26, 2014

The Petitioner, Montrel Gilliam, appeals from the denial of post-conviction relief by the Criminal Court for Shelby County. He was convicted of first degree premeditated murder and three counts of attempted first degree murder and received an effective sentence of life imprisonment plus sixty-seven years in the Tennessee Department of Correction. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon our review, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Jun 26, 2014

The Circuit Court of Montgomery County revoked the probation of Appellant, Justin David Fife, after he failed to report that he had been arrested for assault and was found to be in “constructive possession” of a handgun. He argues on appeal that the gun was not his, that the discovery of the gun was the product of an illegal search, and that the trial court erred by denying his motion to suppress the evidence about the weapon. After carefully examining the evidence, we affirm the Circuit Court’s judgment.

Posted by: Tanja Trezise on Jun 26, 2014

Petitioner, Oscar Berry, was convicted of first degree murder in 1991 and was sentenced to life imprisonment. He filed a direct appeal of his conviction, which was dismissed by this Court in 1992. State v. Oscar Thomas Berry, No. 01-C01-9201-CR-00033, 1992 WL 275402 (Tenn. Crim. App., at Nashville, Oct. 8, 1992). His petition for post-conviction relief, filed in 1997, was dismissed by the trial court as untimely. In 2013, Petitioner filed a motion to reopen the post-conviction proceedings.

Posted by: Tanja Trezise on Jun 26, 2014

At issue in this case is the methodology by which multi-state taxpayers are to compute their liability for franchise and excise taxes to Tennessee and, specifically, the authority of the Commissioner of Revenue to require the taxpayers to use an apportionment methodology other than the standard cost of performance methodology codified in Tenn. Code Ann. §§ 67-4-2012 and 67-4-2110.

Posted by: Tanja Trezise on Jun 26, 2014

This is a health care liability action arising from the death of Decedent. Defendants moved to dismiss the action for failure to comply with the notice requirements set out in Tennessee Code Annotated section 29-26-121(a)(2)(E). The trial court agreed and dismissed the action without prejudice. Plaintiff appeals the dismissal to this court. We affirm the trial court’s dismissal.

Posted by: Tanja Trezise on Jun 26, 2014

This is an appeal from a bench trial in a suit over the sale of a used vehicle. The trial court originally ruled in favor of the seller-defendants, finding that the plaintiff-buyer failed to meet his burden of proving fraud or misrepresentation in the sale of the vehicle. The court found that defendant-sellers had violated one subsection of the Tennessee Consumer Protection Act, but that plaintiff-buyer had failed to prove any actual damages, so the trial court dismissed the complaint.

Posted by: Tanja Trezise on Jun 26, 2014

This is a detainer action in which Fannie Mae was awarded a judgment of possession of Defendant’s property in sessions court. Defendant refused to vacate the property and appealed to the circuit court. Fannie Mae filed a motion for summary judgment, while Defendant sought to void the judgment of possession. The trial court granted the motion for summary judgment and upheld the foreclosure sale. Defendant appeals. We affirm.

Posted by: Tanja Trezise on Jun 26, 2014

In this appeal from a final divorce decree, Wife takes issue with a number of the trial court’s financial decisions. Specifically, Wife contends the trial court erred in the assessment of spousal support, in classifying marital property as Husband’s separate property, in valuing Husband’s woodworking business, in dividing the marital estate, in finding she dissipated the marital estate, in declining to find that Husband dissipated the estate, in failing to sanction Husband for non-production of documents, and by sanctioning her $100,000 under Tenn. R. Civ. P. 37.02 for abuse of discovery.


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