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Posted by: Karen Belcher on Nov 16, 2022

KETHLEDGE, Circuit Judge. In this case the district court issued a preliminary injunction that, for purposes of litigation in the district court, was final in all but name. Seven months later, the Tennessee legislature repealed the statutory provisions that the district court had enjoined, thereby rendering the case moot. We hold that the plaintiffs were prevailing parties under 42 U.S.C. § 1988 and affirm the district court’s award of attorneys’ fees.

Posted by: Karen Belcher on Nov 16, 2022

The petitioner, Donta Lamar Weir, appeals the summary dismissal of his petition for postconviction relief, which petition challenged his 2021 guilty-pleaded convictions of delivery of cocaine in a drug-free school zone, delivery of cocaine, and delivery of a counterfeit controlled substance. He argues that the post-conviction court erred by concluding that he failed to state a colorable claim for relief. Discerning no error, we affirm.

Posted by: Karen Belcher on Nov 16, 2022

The Defendant-Appellant, Marlon J. Johnson, Jr., appeals the revocation of his six-year probationary sentence for two counts of aggravated burglary, domestic assault, misdemeanor assault, misdemeanor theft, and misdemeanor false imprisonment. The Defendant conceded the probation violation before the trial court and on appeal. Accordingly, the sole issue presented for our review is whether the trial court erred in ordering the Defendant to serve the balance of his sentence in confinement. Upon review, we affirm.

Posted by: Karen Belcher on Nov 16, 2022

The pro se plaintiff appeals the trial court’s summary judgment dismissal of his action against the defendant hospital and its Chief Executive Officer. The trial court also granted the hospital CEO’s motion for a reasonable award of attorney fees and costs in defending against the lawsuit in his personal capacity pursuant to Tennessee Code Annotated § 29- 20-113. We affirm.

Posted by: Karen Belcher on Nov 16, 2022

The plaintiff bank appeals the trial court’s summary dismissal of its breach of contract action against the defendants pursuant to the law in Georgia. We affirm.

Posted by: Karen Belcher on Nov 16, 2022

Lessee disputes the trial court’s denial of his emergency motion to continue leasing company’s summary judgment hearing. Lessee also appeals the trial court’s grant of summary judgment for leasing company, despite not responding to discovery requests or submitting evidence in opposition to summary judgment. Discerning no reversible error, we affirm.

Posted by: Karen Belcher on Nov 15, 2022

LARSEN, Circuit Judge. Leonel Ruiz-Lopez brought his new pistol into a gas station in Memphis, Tennessee. While showing the gun to his acquaintances who worked there, he pointed the gun at one of them. When he lowered the gun to return it to his pocket, he hit the trigger and the gun discharged. The bullet ricocheted off the floor and struck an employee in the leg. Ruiz-Lopez pleaded guilty to being an undocumented alien in possession of a firearm. The district court sentenced him to twenty-one months’ imprisonment and ordered him to pay restitution to cover the employee’s medical bills. Ruiz-Lopez appeals his sentence and the order of restitution. We AFFIRM.

Posted by: Karen Belcher on Nov 15, 2022

Thomas Adam Blackwell, Defendant, claims that the trial court abused its discretion by revoking his probation, denying an alternative sentence, and ordering his three-year sentence for fourth offense driving under the influence (“DUI”) to be served consecutively to the seven-year sentence that he was serving on community corrections when he was arrested for the DUI. After a thorough review of the record and applicable law, we affirm.

Posted by: Karen Belcher on Nov 14, 2022

Stephen Paul Hampton and Margaret Mary Hampton were charged in the Madison County Circuit Court with drug and weapon offenses, but the charges were dismissed after the trial court granted their motions to suppress statements made to a police officer and evidence found in their vehicle. On appeal, the State contends that the trial court erred by granting the motions to suppress because the statements were not made during a custodial interrogation and because the police officer had probable cause to search the vehicle. Based upon the oral arguments, the record, and the parties’ briefs, we reverse the trial court’s orders granting the motions to suppress, vacate the order dismissing the indictment, and remand the case to the trial court for further proceedings consistent with this opinion.

Posted by: Karen Belcher on Nov 14, 2022

The Defendant, Marcus Davis, was convicted by a Shelby County Criminal Court jury of attempted first degree premeditated murder, a Class A felony, and employing a firearm during the attempt to commit a dangerous felony, a Class C felony, and was sentenced by the trial court to an effective term of twenty-one years in the Department of Correction. On appeal, he argues that the evidence is insufficient to show premeditation and that the trial court erred by denying his request for a jury instruction on self-defense. Based on our review, we affirm the judgments of the trial court.


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