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Posted by: Tanja Trezise on May 1, 2014

Mother appealed the trial court’s determination that several grounds for terminating her parental rights had been met and that termination was in the best interest of her children. She failed to appeal or argue one of the grounds for termination, so the trial court’s finding regarding that ground is final. Because only one ground need be found, we decline to examine the other grounds. We agree with the trial court’s determination that clear and convincing evidence existed to conclude that termination of Mother’s parental rights is in the best interest of the children.

Posted by: Tanja Trezise on Apr 30, 2014

The Petitioner, Tommy Joe Owens, appeals the Campbell County Criminal Court’s denial of his petition for post-conviction relief from his convictions of two counts of aggravated child abuse and one count of aggravated child neglect and resulting effective twenty-fiveyear sentence. On appeal, the Petitioner contends that he received the ineffective assistance of counsel. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Apr 30, 2014

Appellants Ronald L. Carroll and John Boyde Collett stand convicted of especially aggravated robbery. The trial court sentenced Appellant Carroll to serve fifteen years as a violent offender and sentenced Appellant Collett to serve seventeen years as a violent offender. On appeal, the appellants argue that (1) the evidence was insufficient to support their convictions for especially aggravated robbery; (2) the victim’s coaching of an essential witness should have resulted in a mistrial; and (3) the prosecutor violated the appellants’ right to remain silent during closing arguments.

Posted by: Tanja Trezise on Apr 30, 2014

After the appellant, Danny Wayne Carpenter, pled guilty in the Hamblen County Criminal Court to aggravated burglary and theft of property worth more than $10,000, the trial court imposed a total effective sentence of three years in the Tennessee Department of Correction and ordered the appellant to pay restitution in the amount of $15,250. On appeal, the appellant challenges the amount of restitution imposed by the trial court. Upon review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Apr 30, 2014

The petitioner, David Allen Brimmer, appeals as of right from the Johnson County Criminal Court’s order denying his petition for writ of habeas corpus relief challenging the validity of his 1999 aggravated kidnapping conviction and resulting sentence of 60 years as a violent offender. The State has filed a motion to affirm the trial court’s order pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the order of the trial court.

Posted by: Tanja Trezise on Apr 30, 2014
Posted by: Tanja Trezise on Apr 30, 2014

Sixty days prior to filing his complaint, the plaintiff in this health care liability action sent written notice of his potential claim to each of the health care providers that would be named as defendants. Tenn. Code Ann. § 29-26-121(a)(1) (2012 & Supp. 2013). The plaintiff served the pre-suit notice by certified mail, return receipt requested, as permitted by statute. Id. § 29-26-121(a)(3)(B). In his subsequent complaint, the plaintiff alleged that he had complied with the statutory requirement of pre-suit notice, id.

Posted by: Tanja Trezise on Apr 30, 2014

This appeal involves the compensability of an alleged aggravation of a pre-existing degenerative back condition. After the employee began experiencing increased and more severe pain in his back, he filed a workers’ compensation claim in the Chancery Court for Marshall County against his employer, its insurer, and the Second Injury Fund. Following a bench trial, the trial court awarded the employee temporary total and permanent partial disability benefits.


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