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Posted by: Karen Belcher on Oct 18, 2022

A father and stepmother sought to terminate the parental rights of a mother to her child. The trial court found clear and convincing evidence that the mother had abandoned her child by willful failure to visit during the four months preceding the filing of the termination petition. But the court found the evidence less than clear and convincing that termination of the mother’s parental rights was in the child’s best interest. We affirm.

Posted by: Karen Belcher on Oct 17, 2022

The Petitioner, Steven Jeffrey Pike, appeals the Knox County Criminal Court’s denial of his post-conviction petition, wherein he challenged his conviction for first degree premeditated murder. On appeal, the Petitioner argues that (1) trial counsel provided ineffective assistance in failing to impeach a witness for the State with the witness’s prior statement to police; (2) appellate counsel provided ineffective assistance in failing to raise on appeal the trial court’s limitation of defense expert’s testimony; (3) appellate counsel provided ineffective assistance in failing to raise on appeal that the Petitioner’s involuntary statements constituted a due process violation not subject to harmless error analysis; and (4) the multiple errors committed by trial counsel and appellate counsel constituted prejudicial error in the aggregate.1 After review, we affirm the denial of post-conviction relief.

Posted by: Karen Belcher on Oct 17, 2022

This appeal concerns a breach of contract claim. Mark Leedy (“Plaintiff”) and Hickory Ridge, LLC (“Defendant”) executed the Real Estate Land Installment Contract (“the Contract”) under which Plaintiff would purchase real estate from Defendant located at 195 Derby Drive, Kingsport, Tennessee (“the Property”). Although Defendant accepted money from Plaintiff to be applied toward insurance, Defendant opted to “self-insure.” Sometime later, severe storms damaged the Property. Defendant failed to properly assess or repair the damage. Plaintiff spent another 18 months living on the Property all the while making payments before he left. Plaintiff sued Defendant in the Circuit Court for Sullivan County (“the Trial Court”) for breach of contract. Defendant filed a counterclaim. After a bench trial, the Trial Court ruled in favor of Plaintiff. Defendant appeals, arguing, among other things, that Plaintiff assumed the risk of loss. We hold, inter alia, that Defendant was obliged to insure the Property pursuant to the Contract and associated documents. However, we reverse the Trial Court’s award to Plaintiff of attorney’s fees and expenses as there is no provision in the Contract for such an award to Plaintiff. Otherwise, we affirm.

Posted by: Karen Belcher on Oct 17, 2022

Mother appeals the termination of her parental rights. In addition to disputing the grounds for termination and best interest, Mother argues that the petition was fatally flawed, and Petitioners should not have been allowed to amend after the close of their proof. We conclude that the trial court did not err in deciding the case on its merits because the amendments were not prejudicial to Mother and remedied the petition’s deficiencies. We further conclude that clear and convincing evidence was presented of both the grounds for termination and that termination was in the child’s best interest. As such, we affirm the decision of the trial court.

Posted by: Karen Belcher on Oct 17, 2022

For the week of October 10, 2022 - October 14, 2022

Posted by: Karen Belcher on Oct 6, 2022

Defendant, Carlos Darnell Dixon, was convicted after a jury trial of second degree murder, a Class A felony, and two counts of aggravated assault, a Class C felony, and sentenced to an effective thirty years in confinement. On appeal, Defendant argues that the evidence was insufficient to support his conviction for second degree murder; that the State infringed upon his Second Amendment right to bear arms by cross-examining him about his experience with guns and gun ownership; and that his sentence for second degree murder is excessive. After a thorough review of the record, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Oct 5, 2022

A Knox County jury convicted the Defendant, James R. Trent, III, of two counts of aggravated assault in concert with two or more people and one count of aggravated assault as a lesser-included offense of attempted especially aggravated robbery. The trial court merged the offenses into a single aggravated assault conviction and sentenced him to an effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to sustain his convictions. After review, we affirm the trial court’s judgments.

Posted by: Karen Belcher on Oct 5, 2022

This is an appeal from a grant of an involuntary dismissal. The plaintiff brought suit against the City of Humboldt for damages to his real property due to the collapse of a portion of his parking lot into his adjacent drainage ditch. At trial, the court granted the defendant’s motion for an involuntary dismissal pursuant to Tennessee Rule of Civil Procedure 41.02(2) at the close of the plaintiff’s proof and dismissed the case. We affirm.

Posted by: Karen Belcher on Oct 3, 2022

For the week of September 26, 2022 - September 30, 2022

Posted by: Karen Belcher on Oct 3, 2022

Grandparents filed a petition in juvenile court seeking to terminate a mother’s parental rights. When the mother failed to file an answer to the petition, the grandparents filed a motion for default judgment. After hearing arguments on the motion and receiving evidence on the termination petition, the court granted the motion for default judgment and entered an order terminating the mother’s parental rights based on the grounds of (1) abandonment by failure to support, (2) persistence of conditions, and (3) failure to manifest an ability and willingness to assume custody and financial responsibility of the children. The court also determined termination of the mother’s parental rights was in the children’s best interest. We affirm the abandonment by failure to support ground but reverse the other two grounds. Concluding that the juvenile court failed to make sufficient findings of fact and conclusions of law regarding its best interest analysis, we vacate the court’s decision that termination of the mother’s parental rights was in the best interest of the children and remand for further findings.


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