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Posted by: Karen Belcher on Aug 9, 2021

A father filed a petition to change the surname of his nonmarital child. After the trial court granted the father’s petition, the mother appealed. Finding that the father failed to meet his burden of establishing that a surname change was in the child’s best interest, we reverse.

Posted by: Karen Belcher on Aug 9, 2021

This is a termination of parental rights case. The trial court entered an order terminating Father’s parental rights as to five of his children. Father now appeals, contending that there was a lack of clear and convincing evidence in the record to support the trial court’s decision. For the reasons stated in this Opinion, we vacate in part, reverse in part, but otherwise we affirm the trial court’s termination of Father’s parental rights.

Posted by: Karen Belcher on Aug 9, 2021

Week of August 2, 2021 - August 6, 2021

Posted by: Karen Belcher on Jul 30, 2021

LARSEN, Circuit Judge. Daniel Trevino was the sole owner of a chain of marijuana dispensaries throughout Michigan. A federal jury convicted him of conspiracy and nine substantive marijuana offenses. He challenges those convictions and his sentence.

Finding all of Trevino’s claims without merit, we AFFIRM.

Posted by: Karen Belcher on Jul 30, 2021

The Defendant, Jackson Chapman North, pleaded guilty in the Bedford County Circuit Court to two counts of vandalism valued at $2,500 or more but less than $10,000, a Class D felony, vandalism valued at more than $1,000 but less than $2,500, a Class E felony, vandalism valued at $1,000 or less, a Class A misdemeanor, and unlawful possession of a weapon, a Class C misdemeanor. See T.C.A. §§ 39-14-408 (2018) (vandalism); 39-14-105 (2018) (grading); 39-17-1307 (2018) (unlawful weapon possession). The trial court ordered partial consecutive service and imposed an effective six-year sentence, with four years, sixty days in confinement and the remainder on probation. On appeal, the Defendant contends that his sentence is excessive. We affirm the Defendant’s sentence, but as a matter of plain error, we reverse the trial court’s restitution order and remand the case for proper restitution determinations.

Posted by: Karen Belcher on Jul 30, 2021

Pro se petitioner, Justin C. Howell, appeals from the summary dismissal of his petition for writ of habeas corpus relief. Upon our review, we affirm.

Posted by: Karen Belcher on Jul 30, 2021

In this divorce case, the wife appeals the trial court’s calculation of her portion of the husband’s military retirement and valuation of her speech therapy practice, as well as the overall division of marital assets. As appellee, the husband raises a number of issues, all of which are without merit. We vacate the portion of the trial court’s judgment addressing the husband’s military retirement and remand for recalculation of the wife’s share in the same. We affirm the trial court’s judgment in all other respects.

Posted by: Karen Belcher on Jul 30, 2021

A mother appeals the termination of her parental rights to her two children. The juvenile court concluded that there was clear and convincing evidence of severe abuse by the mother and that termination was in the children’s best interests. On appeal, the mother challenges whether there was clear and convincing evidence to support the court’s best interest determinations. In weighing the statutory best-interest factors, she contends the trial court did not properly consider her completion of permanency plan requirements and nearly fifteen months of drug-free tests. The mother also complains that she was denied contact with her children by court order shortly after their removal and, despite her progress, was thwarted in her efforts to reestablish contact. We affirm.

Posted by: Karen Belcher on Jul 30, 2021

This appeal arises from an action for breach of a promissory note. After granting the plaintiff’s motion for partial summary judgment on his claim against one of the defendants, the court held an evidentiary hearing to determine damages. Following the hearing, the court entered a judgment for $1,628,074.27, which included interest and attorney’s fees. On appeal, the defendant contends that, in accordance with the terms of the promissory note, the plaintiff is only entitled to recover the principal sum of $14,194.43 plus interest. We have determined that the defendant failed to properly raise this issue in the trial court; therefore, it is waived. Accordingly, we affirm the trial court’s decision.

Posted by: Karen Belcher on Jul 29, 2021

In this delayed appeal, Mario Nathaniel Wade, Defendant, challenges his convictions for robbery and carjacking. Defendant asserts that the evidence was insufficient to support the convictions, that the trial court erred by failing to require the State to make an election with respect to the carjacking charge, and that he was sentenced improperly. After review, we affirm the judgments of the trial court.


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