Darren Eugene Fleshman, alias (“the Defendant”), was convicted of theft 1 of property of at least $10,000 but less than $60,000. Following a sentencing hearing, the trial court sentenced the Defendant to four years, suspended to supervised probation, and ordered him to pay restitution in the amount of $42,815.93. On appeal, the Defendant challenges the following: the trial court’s interpretation of the definition of “owner” under Tennessee Code Annotated section 39-11-106(a)(26) (2006); the sufficiency of the evidence at trial; and the amount of restitution imposed by the trial court.

Jonathan T. Deal (“the Defendant”) filed a motion to correct an illegal sentence. The trial court summarily denied the Defendant’s motion, and this appeal followed. Upon our thorough review of the record and applicable law, we conclude that the Defendant set forth a colorable claim. Accordingly, we remand this matter to the trial court for further proceedings pursuant to Tennessee Rule of Criminal Procedure 36.1.

Petitioner, Timothy Barbee, pleaded guilty to possession of heroin, a Schedule I controlled substance, with intent to sell, and the trial court sentenced petitioner to the agreed-upon term of eight years at thirty percent release eligibility. In his timely petition for post-conviction relief, petitioner asserts that his guilty plea was not knowingly and voluntarily entered. After an evidentiary hearing, the post-conviction court denied relief. Following our review, we affirm the judgment of the post-conviction court.

This case arose out of a contract for the sale of real estate. The contract included a provision requiring the buyer to make “commercially reasonable efforts” to sell the property, and to split any profits with the seller if the property was resold within 36 months.

Father appeals the termination of his parental rights to his two children. The juvenile court found the Department of Children’s Services established four grounds for termination of father’s parental rights: 1) parent sentenced to ten or more years for any criminal act and the children are under eight years of age pursuant to Tenn. Code Ann. § 36-1-113(g)(6); 2) parent sentenced to more than two years for conduct against a child or sibling/half-sibling of the child who is the subject of the petition pursuant to Tenn. Code Ann.

Mother appeals the termination of her parental rights. The trial court found four grounds for termination of Mother’s parental rights: substantial noncompliance with the requirements of the permanency plan, failure to support financially, failure to provide a suitable home, and persistence of conditions; the court also determined that termination was in the best interest of the child. Mother appeals arguing the evidence is insufficient to establish any of the grounds and that termination was in the child’s best interest.

The appellant, Jacqueline M. Hiyama, was indicted on alternative counts of driving under the influence (DUI) pursuant to Tennessee Code Annotated section 55-10-401(a)(1) and (a)(2). She filed a pretrial motion to suppress all evidence obtained as a result of her arrest, asserting that the arresting officer did not have reasonable suspicion to stop her vehicle. The trial court denied the appellant’s motion.

The Defendant, David Frazier, appeals as of right from the Polk County Criminal Court’s summary dismissal of his motion to correct an illegal sentence. See Tenn. R. Crim. P. 36.1. The Defendant contends that the trial court erred by dismissing his motion without a hearing. The State concedes that the trial court erred. Following our review, we reverse the judgment of the trial court and remand the case for a hearing on the Defendant’s motion.

Petitioner, Charles Deon Calhoun, pled guilty to two counts of aggravated robbery. He then filed a pro se petition for post-conviction relief, alleging ineffective assistance of counsel. The post-conviction court summarily dismissed the petition for failing to state a colorable claim for relief. Petitioner appealed, arguing that the court erred in dismissing his petition without holding an evidentiary hearing and without appointing counsel to assist in presenting his claim. Upon review of the record, we affirm the decision of the post-conviction court dismissing the petition.

Following a jury trial, petitioner, Tavares D. Braden, was convicted of the sale of less than 0.5 grams of cocaine, possession with intent to sell 0.5 grams or more of cocaine, promoting prostitution, possession of marijuana, and evading arrest, for which he received an effective eighteen-year sentence. Following an unsuccessful direct appeal, he filed a petition for postconviction relief claiming two instances of ineffective assistance of counsel: (1) failure to advise him of his potential sentence exposure and (2) failure to adequately prepare for trial and prepare a defense.