Articles

All Content


4,049 Posts found
Previous • Page 157 of 405 • Next
Posted by: Karen Belcher on May 18, 2022

A Fayette County jury convicted the Defendant, Devin Royce Knight, of attempt to commit first degree premeditated murder, aggravated domestic assault by strangulation, kidnapping, and vandalism under $1000, and the trial court imposed an effective twenty-two year sentence. On appeal, the Defendant asserts that the evidence is insufficient to sustain his convictions for attempt to commit first degree murder and kidnapping. After review, we affirm the trial court’s judgments.

Posted by: Karen Belcher on May 18, 2022

The defendant, Timothy Mitchell Dawson, appeals his McMinn County Criminal Court Jury conviction of theft of property valued at more than $1,000 but less than $2,500, challenging the admission of evidence about an unrelated theft purportedly committed by the defendant and the sufficiency of the convicting evidence. Because the trial court erred by admitting evidence of the defendant’s uncharged conduct and because that error cannot be classified as harmless, we reverse the judgment of the trial court and remand the case for a new trial.

Posted by: Karen Belcher on May 18, 2022

Defendant, Franklin Sean Smith, was convicted of aggravated rape of a child, aggravated sexual battery, and incest. After a sentencing hearing, Defendant received a 60-year sentence. Defendant appeals, arguing that: (1) the trial court committed plain error in allowing the State’s “numerous instances of improper prosecutorial arguments”; (2) the trial court committed plain error in allowing the State to introduce into evidence Defendant’s letter to his wife; (3) the State withheld evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963); (4) the trial court committed plain error in admitting the victim’s forensic interview; (5) his convictions violated the protections of double jeopardy; (6) he received the ineffective assistance of counsel; (7) his convictions should be overturned based on the cumulative error doctrine; and (8) the evidence was insufficient to support the convictions. Following a thorough review of the record, we discern no error and affirm the judgments of the trial court.

Posted by: Karen Belcher on May 18, 2022

This appeal arises after the trial court found the defendant in contempt of an order of protection and sentenced him to 510 days of incarceration. We affirm the judgment holding the appellant in contempt in its entirety.

Posted by: Karen Belcher on May 18, 2022

This case is before us on an interlocutory appeal limited to a single claim: Plaintiffs’2 constitutional challenge to the Tennessee Education Savings Account Pilot Program (the “ESA Act” or the “Act”), Tenn. Code Ann. §§ 49-6-2601 to -2612, under article XI, section 9 of the Tennessee Constitution (the “Home Rule Amendment” or the “Amendment”). The trial court held that Plaintiffs had standing to pursue this claim and denied Defendants’ motions to dismiss on that basis. The court held that the ESA Act is unconstitutional under the Home Rule Amendment and granted Plaintiffs’ motion for summary judgment on this claim. The trial court then sua sponte granted Defendants an interlocutory appeal, and the Court of Appeals granted their application for an interlocutory appeal by permission pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. The Court of Appeals affirmed the trial court’s judgment with respect to the issue of standing and the issue of the constitutionality of the ESA Act under the Home Rule Amendment. We hold that Plaintiffs have standing to bring their Home Rule Amendment claim and affirm the judgment of the Court of Appeals with respect to that issue. However, we hold that the ESA Act does not implicate the Home Rule Amendment such that the Act is not rendered unconstitutional by the Amendment, and we reverse the judgment of the Court of Appeals with respect to that issue. Accordingly, the judgment of the trial court with respect to Plaintiffs’ claim under the Home Rule Amendment is vacated, and the case is remanded to the trial court for entry of a judgment dismissing that claim, for further proceedings consistent with this opinion, and for consideration of Plaintiffs’ remaining claims.

Posted by: Karen Belcher on May 17, 2022

This case arises from the 2009 seizure of Appellant’s property and the subsequent forfeiture of same. Appellant petitioned for judicial review, and the trial court dismissed the petition for lack of subject matter jurisdiction. On appeal, we conclude that because Appellant’s petition was not filed within sixty days of receiving notice of the forfeiture, see Tenn. Code Ann. § 4-5-322(b)(1)(A)(iv), the trial court lacked subject matter jurisdiction to review the forfeiture. Accordingly, we affirm.

Posted by: Karen Belcher on May 16, 2022

ROGERS, Circuit Judge. In this qui tam action under the False Claims Act, relator USN4U alleges that Wolf Creek Federal Services and several of its employees submitted falsely inflated project estimates to the National Aeronautics and Space Administration (NASA) for facilities maintenance projects to be performed by Wolf Creek, resulting in the negotiation of fraudulently induced, exorbitant contract prices. Relying in part on NASA’s subsequent decision to pay the invoices and continue to contract with Wolf Creek, and on the Government’s decision not to intervene in USN4U’s claim, the district court dismissed the suit for failure to allege that Wolf Creek’s work order proposals were materially false or caused NASA to pay the allegedly exorbitant prices. USN4U’s amended complaint, however, adequately alleged fraud, notwithstanding NASA’s later contractual decisions and the fact that the Government declined to intervene.

USN4U has accordingly stated a plausible claim under the FCA. We of course take no position on whether, following appropriate discovery, summary judgment would be warranted for failing to show a genuine issue of material fact. We reverse the judgment of the district court and remand for further proceedings consistent with this opinion.

Posted by: Karen Belcher on May 16, 2022

In 2013, the Petitioner, Jonathan Schelfe, pleaded guilty to ten counts of rape of a child, eight counts of aggravated sexual battery, four counts of rape, two counts of solicitation of a minor, and one count of sexual exploitation of a minor. The trial court imposed an effective sentence of forty years of incarceration. The Petitioner filed a motion to correct an illegal sentence with regard to four of his convictions, which the trial court denied. This court affirmed the denial. State v. Jonathan Schelfe, No. M2018-01604-CCA-R3-CD, 2019 WL 4071981, at *1 (Tenn. Crim. App., at Nashville, Aug. 29, 2019), no perm. app. filed. Thereafter, the Petitioner filed a petition for writ of habeas corpus, alleging a violation of his constitutional rights, and the habeas court entered an order summarily dismissing the petition. We affirm the habeas court’s judgment.

Posted by: Karen Belcher on May 16, 2022

This appeal involves a petition to terminate parental rights. The juvenile court found by clear and convincing evidence that three grounds for termination as to both mother and father were proven: (1) persistent conditions; (2) mental incompetence; and (3) failure to manifest an ability and willingness to assume custody or financial responsibility. The juvenile court also found that termination was in the best interests of the child. Both the mother and the father appeal. We reverse the juvenile court’s finding of persistent conditions as to the mother and the father, but otherwise affirm the termination of parental rights.

Posted by: Karen Belcher on May 16, 2022

For the week of May 9, 2022 - May 13, 2022


Previous • Page 157 of 405 • Next