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Posted by: Karen Belcher on Mar 16, 2021

Pro se Petitioner David Jenkins was originally charged with first degree premeditated murder and felony murder in the perpetration of especially aggravated kidnapping. The trial court granted a directed verdict on the felony murder charge, and the jury convicted the Petitioner of first-degree premeditated murder. State v. David G. Jenkins, No. M2016- 00270-CCA-R3-CD, 2017 WL 1425610, at *1 (Tenn. Crim. App. Apr. 21, 2017). The trial court sentenced the Petitioner to life imprisonment to be served consecutively to his sentence for a prior offense. The Petitioner later filed a petition for post-conviction relief, alleging numerous grounds of ineffective assistance of counsel, which was denied by the post-conviction court. In this appeal, the Petitioner claims the post-conviction court erred in denying relief. Upon our review, we affirm.

Posted by: Karen Belcher on Mar 16, 2021

Following an automobile accident that occurred on March 22, 2016, the plaintiff filed a cause of action, in the form of a civil summons, in the Washington County General Sessions Court (“general sessions court”) on March 3, 2017, seeking an award of damages from the defendant, who was the other driver involved in the car accident. Unbeknownst to the plaintiff, however, the defendant had passed away in December 2016. On January 31, 2018, the plaintiff filed a “re-issue[d]” summons to be served upon the administrator ad litem of the decedent’s estate. After the matter was subsequently transferred to Washington County Circuit Court (“trial court”), the trial court granted the administrator’s motion for summary judgment, determining that the plaintiff had failed to timely file his tort action against the personal representative within the applicable statute of limitations. The trial court consequently dismissed the plaintiff’s claims with prejudice. The plaintiff has appealed. Discerning no reversible error, we affirm.

Posted by: Karen Belcher on Mar 16, 2021

This appeal involves the termination of a father’s parental rights. Following a trial, the Chancery Court for Warren County (the “Trial Court”) entered an order terminating the father’s parental rights to the child based on the statutory ground of abandonment by failure to support and upon its finding that termination was in the child’s best interest. Upon review of the record and the parties’ briefs, we affirm the termination of the father’s parental rights.

Posted by: Karen Belcher on Mar 16, 2021

The defendant appeals from an order granting the plaintiff possession of real property and back rent. Because the order does not resolve all the claims between the parties, we dismiss the appeal for lack of a final judgment.

Posted by: Karen Belcher on Mar 15, 2021

The Defendant, Colton Daniel Perryman, entered a no contest plea to two counts of voluntary manslaughter and one count of tampering with evidence. He agreed to serve a split-confinement sentence of two years in confinement and twelve years on supervised probation. A revocation warrant was issued, and following a hearing, the trial court found that the Defendant violated the terms of his probation, revoked his probation, and ordered him to serve his sentence in confinement. On appeal, the Defendant contends that the trial court abused its discretion by ordering him to serve his sentence in confinement. We affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.

Posted by: Karen Belcher on Mar 15, 2021

The Defendant, Ronda Fletcher, pleaded guilty to possession of methamphetamine with intent to sell and to possession of a Schedule II controlled substance, and she agreed to serve an effective eight-year sentence with six months in confinement and the remainder on probation. A revocation warrant was issued, and following a hearing, the trial court found that the Defendant violated the terms of her probation, revoked her probation, and ordered her to serve her sentence in confinement. On appeal, the Defendant contends that the trial court abused its discretion by ordering her to serve her sentence in confinement. Following our review, we affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.

Posted by: Karen Belcher on Mar 15, 2021

This action involves the termination of a mother’s parental rights by default judgment. The trial court found that clear and convincing evidence existed to establish four statutory grounds of termination and that termination was in the best interest of the child. We vacate the order of the trial court and remand for proceedings consistent with this opinion.

Posted by: Karen Belcher on Mar 15, 2021

The employee was injured in the course and scope of her employment when she slipped and fell while attempting to avoid a large flying insect. The employer denied the claim, asserting the employee’s injury did not arise primarily out of her employment. Relying on the employee’s unrefuted testimony that roaches were part of the employee’s working environment, the trial court determined that roaches were a hazard of the employment and that the employee’s injuries arose primarily out of her employment. The court ordered the employer to pay temporary and permanent disability benefits and medical expenses but denied the employee’s request for attorney’s fees on the unpaid medical expenses. The employer has appealed the award of benefits, and the employee has appealed the denial of the request for attorney’s fees on the unpaid medical expenses. We affirm the trial court’s determination regarding compensability, reverse the trial court’s denial of attorney’s fees on the unpaid medical expenses, and remand the case.

Posted by: Karen Belcher on Mar 15, 2021

Week of March 8, 2021 - March 12, 2021

Posted by: Karen Belcher on Mar 8, 2021

SUTTON, Circuit Judge. When an undercover officer sought to purchase cocaine from a suspected drug dealer, he watched as the dealer went into Michael White’s house before emerging with drugs to complete the sale. A similar sequence repeated itself roughly forty days later. Based on this information, a state judge approved a search warrant for White’s house, where officers found guns, drugs, and cash. The district court granted White’s motion to suppress the evidence, believing that probable cause did not exist without more evidence that contraband would be found inside the residence. We disagree and reverse.


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