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Posted by: Karen Belcher on Aug 26, 2022

Defendant, Devondre DeQuan Samel, was convicted by a jury of conspiracy to possess 150 grams or more of heroin with intent to sell or deliver within 1,000 feet of a school, a park, and a recreational center (Counts 1-3), conspiracy to sell 150 grams or more of heroin within 1,000 feet of a school, a park, and a recreational center (Counts 5-7), two counts of possession of drug paraphernalia (Counts 14 and 17), possession with intent to sell or deliver less than fifteen grams of heroin within 1,000 feet of a park (Count 15), and manufacture of less than fifteen grams of heroin within 1,000 feet of a park (Count 16). The trial court imposed an effective fifteen-year sentence, as a Range I standard offender, to be served in the Department of Correction. On appeal, Defendant argues: that the trial court erred by denying his motion for judgment of acquittal; that the trial court erred by denying his pre-trial motion for a continuance; that the trial court improperly limited his cross-examination of Mr. Berry; that his sentence under the Drug-Free School Zone Act constitutes cruel and unusual punishment; and that the trial court erred by denying his motion for a new trial based upon prosecutorial vindictiveness. Following our review of the entire record and the briefs of the parties, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Aug 26, 2022

Daryl J. Carter, Petitioner, appeals the denial of his petition for post-conviction relief, alleging ineffective assistance of trial counsel. After thorough review, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Aug 26, 2022

This appeal concerns the trial court’s denial of a petition for an order of protection based upon allegations of stalking. This is one of four cases in which the petitioner sought an order of protection against four women. We vacate the trial court’s determination and remand for sufficient findings of fact and conclusions of law to facilitate appellate review.

Posted by: Karen Belcher on Aug 26, 2022

This appeal concerns the trial court’s denial of a petition for an order of protection based upon allegations of stalking. This is one of four cases in which the petitioner sought an order of protection against four women. We vacate the trial court’s determination and remand for sufficient findings of fact and conclusions of law to facilitate appellate review.

Posted by: Karen Belcher on Aug 26, 2022

This appeal concerns the trial court’s denial of a petition for an order of protection based upon allegations of stalking. This is one of four cases in which the petitioner sought an order of protection against four women. We vacate the trial court’s determination and remand for sufficient findings of fact and conclusions of law to facilitate appellate review.

Posted by: Karen Belcher on Aug 26, 2022

This appeal concerns the trial court’s denial of a petition for an order of protection based upon allegations of stalking. This is one of four cases in which the petitioner sought an order of protection against four women. We vacate the trial court’s determination and remand for sufficient findings of fact and conclusions of law to facilitate appellate review.

Posted by: Karen Belcher on Aug 26, 2022

The Defendant-Appellant, Timothy M. Dawson, was convicted by a McMinn County Criminal Court jury of theft of property of more than $2,500 but less than $10,000, a Class D felony. See Tenn. Code Ann. §§ 39-14-103; 39-14-105(a)(3). During a consolidated sentencing hearing on the Defendant’s convictions from three separate trials, the trial court sentenced the Defendant as a career offender to 12 years’ incarceration, to be served consecutively to the sentences from his other two convictions. On appeal, the Defendant contends that 1) the evidence was insufficient to establish the value of the stolen property; and 2) the trial court erred in denying the Defendant’s motion of acquittal, or in the alternative, erred in denying his motion for new trial. After careful review, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Aug 26, 2022

In this post-divorce case, Mother appeals the trial court’s grant of Father’s petition to modify the permanent parenting plan and its modification of her child support obligation. Mother also appeals the denial of her petition to be named the Child’s primary residential parent. Father requests attorney’s fees incurred on appeal. Because the income the trial court imputed to Mother is not supported by the evidence in the record, and because the trial court failed to find a significant variance before modifying Mother’s child support obligation, we vacate the trial court’s order modifying Mother’s child support. The trial court’s order is otherwise affirmed, and Father’s request for appellate attorney’s fees is denied.

Posted by: Karen Belcher on Aug 26, 2022

This appeal concerns valuation of a business after a partner was disaffiliated. The plaintiff filed a complaint seeking permanent injunctive relief and damages from the defendants for wrongful disaffiliation from their flavored moonshine business. The trial court entered a judgment of $23,000 and interest, which included discounts for marketability and lack of control against the defendants and Crystal Falls Spirits, LLC, jointly and severally, pursuant to Tennessee Code Annotated section 61-1-701(b). The plaintiff appealed. We reversed and remanded the trial court’s valuation of the plaintiff’s interest because it included a discount for lack of control in violation of Tennessee Code Annotated section 61-1-701. The trial court revaluated the plaintiff’s damages without the discount for lack of control and awarded him $35,000 and 2.5% interest from December 15, 2015. We affirm the decision of the trial court.

Posted by: Karen Belcher on Aug 25, 2022

Pursuant to a plea agreement, the Petitioner, Shawn L. Payne, pled guilty to second degree murder, and the trial court sentenced him to 25 years’ incarceration. See Tenn. Code Ann. § 39-13-210(a)(1). The Petitioner subsequently filed a petition for post-conviction relief, alleging ineffective assistance of counsel. After a hearing, the post-conviction court denied the petition. On appeal, the Petitioner argues that he received ineffective assistance of counsel, rendering him unable to make a “knowing and informed” guilty plea. Specifically, he asserts that trial counsel was ineffective in failing to investigate the case adequately, failing to provide discovery to the Petitioner, and failing to apprise the Petitioner of all the consequences of his guilty plea. After careful review, we affirm the judgment of the postconviction court.


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