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Posted by: Karen Belcher on Mar 29, 2021

A woman against whom the trial court granted an order of protection appeals the order of protection. The trial court granted the order based upon its finding that the woman, a former girlfriend of the petitioner’s husband, threatened the petitioner and her husband with physical violence through a series of videos. Discerning no error, we affirm.

Posted by: Karen Belcher on Mar 29, 2021

Defendant, Jessie James Somerville, IV, was indicted by the Lauderdale County Grand Jury for one count of premeditated first degree murder and one count of felony reckless endangerment. Defendant entered no contest pleas to second degree murder and felony reckless endangerment. On the day of Defendant’s scheduled sentencing hearing, Defendant made an oral motion to withdraw his pleas, which the trial court took under advisement and subsequently denied by written order. Following a sentencing hearing, the trial court sentenced Defendant as a Range I standard offender to serve concurrent sentences of 22 years for his second degree murder conviction and one year for his felony reckless endangerment conviction. In this appeal as of right, Defendant contends that the trial court erred by denying his motion to withdraw his pleas and that his sentence is excessive. Having reviewed the entire record and the briefs of the parties, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Mar 29, 2021

The Petitioner, DeShawn McClenton, filed a petition for a writ of habeas corpus in the Shelby County Criminal Court, alleging that the trial court used four judgments of conviction from a prior case that were void on their face to sentence him as a career offender in the present case, which rendered the judgments of conviction in the present case void. The habeas corpus court summarily denied the petition, and the Petitioner appeals the denial. Based upon our review of the record and the parties’ briefs, we conclude that the appeal should be dismissed.

Posted by: Karen Belcher on Mar 29, 2021

John Ingram, Defendant, pled guilty to several offenses including one count of aggravated burglary, one count of aggravated assault, and one count of domestic assault, with a total effective sentence of seven years, as a Range II offender. The trial court was to determine the manner of service of the sentence after a sentencing hearing. Following the hearing, the trial court denied alternative sentencing, concluding that Defendant’s prior criminal history and failed attempts at conditions involving release into the community rendered him an unfavorable candidate for an alternative sentence. Defendant appeals, arguing that the trial court abused its discretion. We affirm the judgments of the trial court.

Posted by: Karen Belcher on Mar 29, 2021

The Petitioner, Robert Echols, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner argues that trial counsel was ineffective for advising the Petitioner not to testify at trial and for failing to timely file a motion for new trial. However, because the Petitioner filed an untimely notice of appeal document and the interest of justice does not favor waiver of the timely filing requirement in this case, this appeal is dismissed.

Posted by: Karen Belcher on Mar 29, 2021

Last September, the Centers for Disease Control and Prevention ordered a nationwide moratorium on residential evictions. As justification for its involvement in landlord-tenant relations, the CDC cited a provision of the Public Health Service Act authorizing it to sanitize property exposed to contagion. Plaintiffs in this case—all of whom own or manage residential rental properties—challenged the CDC’s order and its subsequent extension. The district court entered judgment in favor of Plaintiffs. The government now moves to stay the district court’s order pending appeal. We deny its motion.

Posted by: Karen Belcher on Mar 29, 2021

KAREN NELSON MOORE, Circuit Judge. This is the parties’ second time before our court in regard to the constitutionality of a constellation of Michigan laws that, in combination, govern an independent candidate’s ability to be placed on the ballot for statewide office. Plaintiff-Appellee Christopher Graveline attempted to get his name on Michigan’s November 2018 general election ballot as an independent, non-partisan candidate for attorney general. The other plaintiffs are registered Michigan voters who supported Graveline’s candidacy and who intended to vote for him. Together, they challenge the Michigan laws that set forth the requirements for Graveline’s name to appear on the general election ballot. Plaintiffs contend that these laws deprive them of their rights to freedom of speech and association, equal protection, and due process under the First and Fourteenth Amendments of the United States Constitution.

Applying the analytical framework set forth by the Supreme Court in Anderson v. Celebrezze, 460 U.S. 780 (1983), and in Burdick v. Takushi, 504 U.S. 428 (1992), we hold that the challenged provisions, applied in combination, impose a severe burden on the constitutional rights of independent candidates and their potential voter-supporters. Because the provisions are not narrowly drawn to advance compelling state interests, Michigan’s statutory scheme for qualifying independent candidates to be placed on the ballot violates the Constitution. Due to the impermissible infringement on Plaintiffs’ constitutional rights, we also conclude that the district court did not abuse its discretion in crafting its remedy. Thus, we AFFIRM the rulings of the district court.

Posted by: Karen Belcher on Mar 29, 2021

SILER, Circuit Judge. The government appeals the district court’s dismissal of a felony information charging Brent Edington with conspiracy to violate 18 U.S.C. § 1014. The district court granted Edington’s motion to dismiss based on the idea that a conspiracy offense under 18 U.S.C. § 371 necessarily falls under the five-year statute of limitations in 18 U.S.C. § 3282(a). The government argued that the district court’s decision is at odds with the plain language of 18 U.S.C. § 3293(1) and applicable case law. The plain language of § 3293(1)expressly provides a 10-year limitations period for certain offenses including “a violation of, or a conspiracy to violate . . . section . . . 1014.” 18 U.S.C. § 3293(1). Therefore, we REVERSE the district court’s dismissal of the information based on the statute of limitations and REMAND the case for further proceedings.

Posted by: Karen Belcher on Mar 29, 2021

The Defendant, Ladarius Sankevious Foster, was convicted by a Madison County Circuit Court jury of failure to maintain lane, possession of drug paraphernalia, and theft of property, and the trial court imposed an effective sentence of eleven months and twenty- nine days, with the Defendant to serve ten days in jail and the remainder of his sentence on community corrections. See Tenn. Code Ann. §§ 55-8-123, 39-17-425(a), 39-14-103. On appeal, the Defendant argues: (1) the evidence is insufficient to sustain his convictions for possession of drug paraphernalia and theft of property, and (2) the trial court failed to conduct an independent assessment of the fines fixed by the jury in this case. After review, we affirm the trial court’s judgments.

Posted by: Karen Belcher on Mar 29, 2021

The plaintiff commenced the instant action by causing a detainer warrant to be filed against the defendant in the Shelby County General Sessions Court (“general sessions court”) on September 23, 2019, alleging that the defendant had been unlawfully inhabiting the residence at issue. The general sessions court subsequently entered a judgment in favor of the plaintiff. Upon appeal, the Shelby County Circuit Court (“trial court”) entered a final judgment in favor of the plaintiff, determining that she had submitted sufficient proof to demonstrate superior ownership of the residence. The defendant has appealed. However, due to significant deficiencies in the defendant’s brief, we conclude that he has waived consideration of any issues on appeal. Accordingly, we dismiss the appeal.


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