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Posted by: Karen Belcher on May 3, 2021

The petitioner, Dontel Morgan, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding that he received the effective assistance of counsel prior to and during his guilty pleas and that his guilty pleas were knowingly and voluntarily entered. Upon our review of the record, the arguments of the parties, and the pertinent authorities, we affirm the denial of the petition.

Posted by: Karen Belcher on May 3, 2021

The petitioner, Melvin Jackson, appeals the denial of his petition for post-conviction relief, which petition challenged his McNairy County Circuit Court guilty-pleaded convictions of aggravated robbery and unlawful possession of a weapon by a convicted felon, arguing that he was deprived of the effective assistance of counsel. Discerning no error, we affirm.

Posted by: Karen Belcher on May 3, 2021

The petitioner, Melvin Hopkins, appeals the denial of his post-conviction petition arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial. Following our review, we affirm the post-conviction court’s denial of the petition.

Posted by: Karen Belcher on May 3, 2021

Aggrieved of his Shelby County Criminal Court Jury convictions of first degree murder and especially aggravated robbery, the defendant, Antoine Adams, appeals, challenging the sufficiency of the convicting evidence and the consecutive alignment of his sentences. Discerning no error, we affirm the judgments of the trial court.

Posted by: Karen Belcher on May 3, 2021

For the week of April 26, 2021 - April 30, 2021

Posted by: Karen Belcher on Apr 16, 2021

Pursuant to a plea agreement, the Defendant, Jimmie Dean Roy, pled guilty to five counts of identity theft and one count of identity theft trafficking, and he conceded that he violated the terms of his probation with respect to his prior convictions for three counts of burglary of an automobile and one count of theft of property valued over $1,000. The Defendant received an effective eight-year sentence to be served in confinement, and the trial court stayed the execution of the sentence and granted the Defendant a furlough to the drug court program. The Defendant subsequently fled the state. Following his arrest, the drug court removed him from the program, and the trial court ordered his sentences into execution. On appeal, the Defendant challenges his removal from the drug court program and argues that he was not afforded due process protections during the removal hearing. We affirm the judgment of the trial court.

Posted by: Karen Belcher on Apr 15, 2021

This case concerns the civil rights exception to government liability for an employee’s negligent acts under the Tennessee Governmental Tort Liability Act, Tenn. Code Ann. § 20-29-205(2). The plaintiff filed a complaint against the Metropolitan Nashville Airport Authority, asserting three negligence claims. He alleged that airport officers injured him by using an “arm bar restraint” during an arrest. The trial court dismissed the complaint upon finding the allegations amounted to a claim that the officers violated his civil rights by using excessive force. On appeal, the plaintiff argues that the civil rights exception does not apply because he alleged that the officers negligently assessed the amount of force necessary rather than alleging that they intentionally used excessive force. We agree with the trial court’s determination that the plaintiff’s allegations sound squarely in civil rights and are barred by § 20-29-205(2). Accordingly, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Apr 15, 2021

A Madison County jury convicted the defendant, Russell Wheeler, Jr., of attempted aggravated statutory rape, attempted solicitation of a minor, and disorderly conduct. Following a sentencing hearing, the trial court imposed an effective sentence of six years, eleven months, and twenty-nine days in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his attempted aggravated statutory rape and attempted solicitation of a minor convictions. The defendant also contends the trial court erred in failing to merge his convictions and in ordering a sentence of confinement without requiring a psychosexual evaluation or properly considering the appropriate factors. Following our review, we affirm the judgments of the trial court with respect to the defendant’s convictions for attempted aggravated statutory rape and disorderly conduct. However, we vacate the defendant’s conviction for attempted solicitation of a minor because the defendant was convicted of a crime which does not exist. Consequently, the judgments of the trial court are affirmed in part, vacated in part, and remanded.

Posted by: Karen Belcher on Apr 15, 2021

Aggrieved of his Hardeman County Circuit Court jury convictions of aggravated robbery, the defendant challenges the sufficiency of the convicting evidence for two of his convictions and the total effective sentence. We affirm the defendant’s convictions but, because the trial court failed to make the requisite findings to support consecutive sentences based upon the dangerous offender category, we vacate the imposition of consecutive sentences and remand the case for the limited purpose of making the appropriate findings on this issue. Upon remand, the trial court should also correct the minor clerical error in the judgment form for Count 3.

Posted by: Karen Belcher on Apr 15, 2021

The petitioner, James Eggleston, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial. Following our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court.


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