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Posted by: Karen Belcher on Jul 18, 2022

The Defendant, Jamee White-McCray, was convicted in the Sullivan County Criminal Court of facilitation of attempted first degree premeditated murder and facilitation of employing a firearm during the commission of a dangerous felony and received an effective ten-year sentence to be served in confinement. On appeal, the Defendant contends that the trial court erred by not imposing a sentence of split confinement. After review, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Jul 18, 2022

A Sumner County jury convicted the Defendant, Jamie L. Tice, of two counts of statutory rape by an authority figure and three counts of aggravated statutory rape, for which the trial court imposed an effective sentence of twenty-four years with release eligibility after service of thirty percent of the sentence in confinement. On appeal, the Defendant argues (1) the evidence is insufficient to sustain her two convictions for statutory rape by an authority figure; (2) the State committed a Brady violation by failing to disclose payments made to a testifying witness and her husband; (3) the trial court erred in failing to provide a modified unanimity instruction in Count 4, and the evidence is insufficient to sustain her conviction for aggravated statutory rape in that count; (4) the trial court committed plain error in improperly admitting hearsay statements of the Defendant’s husband, as well as the argument thereof, which violated the Defendant’s right to due process and confrontation; (5) the trial court erroneously deprived her of the right of cross-examination on certain topics; (6) the trial court imposed an excessive sentence; and (7) cumulative error deprived her of a fair trial. After review, we affirm the trial court’s judgments.

Posted by: Karen Belcher on Jul 18, 2022

Petitioner, William Carl Godfrey, initially agreed to plead guilty to domestic aggravated assault, resisting arrest, and vandalism under $1000. During the plea submission hearing, Petitioner stated that he was not guilty. The State then offered to accept a plea of “no contest,” and after discussion with trial counsel and the trial court, Petitioner accepted the no contest plea. The trial court imposed an effective sentence of six years’ probation. On appeal, Petitioner argues that he was denied the effective assistance of counsel and that his plea was unknowing and involuntary. After a thorough review, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Jul 18, 2022

Following a traffic stop of his vehicle that yielded five packages of methamphetamine hidden inside the spare tire, the Defendant, Henry Dwayne Autrey, was indicted by the Putnam County Grand Jury for possession of more than 300 grams of methamphetamine with the intent to sell and with the intent to deliver. He filed a motion to suppress, arguing that the search of the spare tire was unconstitutional because it was conducted after the initial search of the vehicle had been completed and without sufficient probable cause. The trial court granted his motion to suppress and subsequently dismissed the indictment upon the request of the State. The State now appeals, arguing that the officers had probable cause for the search of the spare tire and did not unreasonably detain the Defendant to complete the search. We agree with the State. Accordingly, we reverse the order of the trial court granting the motion to suppress and remand for reinstatement of the indictment.

Posted by: Karen Belcher on Jul 18, 2022

In this premises liability case, the plaintiff appeals the trial court’s order granting the defendants’ motion for summary judgment and dismissing the plaintiff’s complaint with prejudice. The plaintiff contends that the trial court erred by determining that the divot in the brick step that caused her to trip and fall amounted to a minor aberration and that, as a result, the defendants did not owe her a duty of care. Discerning no reversible error, we affirm.

Posted by: Karen Belcher on Jul 18, 2022

Unwed parents filed competing petitions to modify a permanent parenting plan. The parents agreed that there had been a material change in circumstances warranting a modification. But they disagreed over the parenting schedule and who should be the primary residential parent. After a hearing, the trial court changed the primary residential parent and, based on proof of domestic abuse, limited the mother’s parenting time. We conclude that neither decision was an abuse of discretion. So we affirm.

Posted by: Karen Belcher on Jul 18, 2022

For the week of July 11, 2022 - July 15, 2022

Posted by: Karen Belcher on Jul 15, 2022

The Petitioner, Donte Green, appeals the denial of his petition for post-conviction relief from his convictions relating to the possession of drugs and drug paraphernalia resulting from law enforcement’s seizure of illegal substances from the Petitioner’s motel room pursuant to a search warrant. He claims that appellate counsel was ineffective due to her failure to challenge the validity of the search warrant on direct appeal. See State v. Donte Lavon Green, No. W2018-00092-CCA-R3-CD, 2019 WL 1595684 (Tenn. Crim. App. Apr. 15, 2019), perm. app. denied (Tenn. Aug. 16, 2019). He also claims that his convictions are voidable due to the abridgement of his Fourth Amendment rights and article I, section 7 of the Tennessee Constitution because the search conducted by law enforcement was illegal and that the evidence seized should have been suppressed as a result. After review, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Jul 15, 2022

This is a termination of parental rights case. The Tennessee Department of Children’s Services filed a petition to terminate the parental rights of a mother as to two of her minor children on various grounds. The trial court ultimately concluded that grounds existed for termination and that termination was in the best interests of the children. The mother now appeals. We affirm.

Posted by: Karen Belcher on Jul 14, 2022

The court received a petition for rehearing en banc. The original panel has reviewed the petition for rehearing, has addressed the issues therein in an Appendix to the original panel opinion, and has concluded that rehearing is unnecessary. Upon circulation of the petition and the Appendix to the full court, no judge has requested a vote on the suggestion for rehearing en banc.

Therefore, the petition is denied.


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