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Posted by: Karen Belcher on Jun 28, 2022

The petitioner, Rashaud Deavon Watson, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel and entered a voluntary and intelligent plea. Following our review, we affirm the post-conviction court’s denial of the petition.

Posted by: Karen Belcher on Jun 28, 2022

The defendant, Byron Cole Tucker, pled guilty to aggravated assault for which he received a sentence of five years to be served in the Tennessee Department of Correction, suspended to five years of supervised probation. The trial court also ordered the defendant pay $39,028.49 in restitution through monthly payments of no less than $350. On appeal, the defendant challenges the trial court’s restitution order. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Jun 28, 2022

The petitioner, Christopher Desmond Simpson, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

Posted by: Karen Belcher on Jun 28, 2022

The Defendant, Nikos Burgins, was convicted by a jury of five counts of aggravated rape, four counts of especially aggravated kidnapping, and one count of aggravated robbery, for which he received an effective sentence of ninety-six years’ incarceration. On appeal, the Defendant argues that (1) the evidence was insufficient to support his convictions for especially aggravated kidnapping, contending that the State failed to establish removal or confinement that exceeded the accompanying felonies and that the evidence only established one count of especially aggravated kidnapping per victim; (2) the trial court erred by allowing the State to impeach the Defendant with a prior aggravated assault conviction; (3) the trial court erred by allowing the two victims to be present in the courtroom prior to their testimony; and (4) the trial court erred by admitting evidence of the Defendant’s letters, averring that they were not properly authenticated. Following our review, we remand the case for the entry of corrected judgments reflecting one conviction for especially aggravated kidnapping per victim.

Posted by: Karen Belcher on Jun 28, 2022

The defendant, Jamar Laquan Braden, was convicted by a Marshall County jury of theft of property and unlawful possession of a weapon by a convicted felon for which he received an effective sentence of fifteen years in the Department of Correction. On appeal, the defendant argues: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred in denying his motion for new trial; and (3) the trial court erred in denying his motion for change of venue. Upon our review of the record, the applicable law, and the briefs of the parties, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Jun 28, 2022

The plaintiff appeals the trial court’s order granting the defendants’ motions for summary judgment and dismissing the plaintiff’s claims for breach of contract, wrongful foreclosure, injunctive relief, and declaratory relief. Having determined that the plaintiff has waived arguments related to his breach of contract claim, we review solely the trial court’s dismissal of the plaintiff’s claim for wrongful foreclosure. We conclude that the defendants did not strictly comply with the notice requirements of the deed of trust, vacate the portion of the trial court’s order granting summary judgment to the defendants with respect to the plaintiff’s wrongful foreclosure claim, and set aside the foreclosure sale. We affirm the trial court’s order with respect to the plaintiff’s breach of contract claim. We decline to award the defendants damages pursuant to Tennessee Code Annotated § 27-1- 122.

Posted by: Karen Belcher on Jun 13, 2022

This appeal involves unmarried parties who jointly own real property together. After a two-day bench trial, the trial court divided the equity in the jointly owned property equally, stating that it could not “speculate” as to the parties’ agreements or “parse through” their relationship “to determine who paid what or who did what when.” The trial court also dismissed related tort claims and ordered one party to pay a share of the other’s attorney fees. We vacate in part, affirm in part, and remand for further proceedings.

Posted by: Karen Belcher on Jun 13, 2022

In this appeal from the trial court’s dismissal of a complaint pursuant to Tennessee Rule of Civil Procedure 12.02 on the defenses of lack of jurisdiction over the person, insufficiency of process, and insufficiency of service of process, we affirm the trial court. We also conclude the appeal is frivolous and remand for an assessment of damages.

Posted by: Karen Belcher on Jun 13, 2022

This is an interlocutory appeal from a personal injury case involving a minor who was struck in the eye by a mechanical pencil while attending an afterschool program. The trial court denied the school system’s motion for summary judgment. The trial court granted the school system permission to seek an interlocutory appeal. Thereafter, the school system filed its application for permission to appeal, which we granted. We reverse the decision of the trial court and remand for further proceedings consistent with this opinion.

Posted by: Karen Belcher on Jun 13, 2022

For the week of June 6, 2022 - June 10, 2022


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