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Posted by: Karen Belcher on Sep 30, 2020

ROGERS, Circuit Judge. Harry French was convicted by a jury of carjacking and possession of a firearm in furtherance of a crime of violence. French appeals the sufficiency of the evidence supporting his convictions. But French’s challenge on appeal to the credibility of trial witnesses is not a valid basis for overturning his conviction, and in any event, sufficient evidence supported a finding of guilt. French’s second contention that he cannot be legally convicted of both offenses under the Double Jeopardy Clause is foreclosed by our decision in United States v. Johnson, 22 F.3d 106 (6th Cir. 1994). Finally, the district court properly applied the sentencing enhancement in U.S.S.G. § 3C1.1 for obstruction of justice on the basis of French’s attempt to intimidate a witness by posting a message on Facebook.

The judgment of the district court is affirmed.

Posted by: Karen Belcher on Sep 30, 2020

SILER, Circuit Judge. After Donald Freed fell behind on his property taxes by about $1,100, the State of Michigan foreclosed on his real property, sold it at auction for about half of its fair market value, and kept all the proceeds of the sale. Freed got nothing. So he filed this lawsuit in federal court under 42 U.S.C. § 1983 alleging, inter alia, an unconstitutional taking by state and local officials in violation of the Fifth Amendment.

We do not address the merits of Freed’s claims. We hold only that neither the Tax Injunction Act (“TIA”) nor the related doctrine of comity forestall Freed’s suit from proceeding in federal court. Thus, we reverse the judgment of the district court and remand for further proceedings.

Posted by: Karen Belcher on Sep 30, 2020

A Crockett County jury convicted the defendant, Antonio Reed, of possession with intent to sell or deliver .5 grams or more of methamphetamine and introduction of contraband into a penal facility. Following a sentencing hearing, the trial court imposed an effective sentence of ten years in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions and argues the trial court erred in admitting the drugs and lab report without a proper showing of the chain of custody. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Sep 30, 2020

The Petitioner, Timothy Aldridge, entered a guilty plea to second-degree murder and received a sentence of forty years’ imprisonment. He now appeals from the denial of post- conviction relief, arguing that trial counsel was ineffective in misleading him to believe that, by pleading guilty, he would be incarcerated at the Lois M. DeBerry Special Needs Facility (“DeBerry”). He also argues that his guilty plea was not knowingly and voluntarily entered based on trial counsel’s assurance of the same. Upon our review, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Sep 30, 2020

A minority business owner sued the City of Memphis and two city officials alleging that the City wrongfully terminated his service contract and contracted with two non-minority owned companies for similar services in violation of state and federal law. The trial court ruled that the business owner failed to prove that race was a motivating factor in the City’s decision. On appeal, the business owner contends that the trial court erred in excluding relevant evidence and refusing to grant a mistrial after opening statement. Finding no reversible error, we affirm the judgment.

Posted by: Karen Belcher on Sep 29, 2020

The Petitioner, Felix Hall, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief challenging his convictions for theft of property valued at $10,000 or more but less than $60,000, burglary of a building other than a habitation, and theft of property valued at $500 or less. The Petitioner contends that he received ineffective assistance of counsel. After review, we affirm the judgment of the post- conviction court.

Posted by: Karen Belcher on Sep 29, 2020

The holder of a promissory note sued the maker. On a motion for summary judgment, the trial court granted the holder a judgment for the outstanding balance of the note plus interest. On appeal, the maker contends that the holder’s claim is barred by the doctrine of laches. If the claim is not barred, the maker argues that he is entitled to a set-off. We agree with the holder that the maker waived his laches argument. And the maker’s set- off claim fails for lack of mutuality. So we affirm.

Posted by: Karen Belcher on Sep 29, 2020

The Defendant, Paul N. Galbreath, was convicted after a jury trial of the knowing physical abuse or gross neglect of an impaired adult, a Class C felony. See Tenn. Code Ann. § 71- 6-119 (2011). In this appeal as of right, the Defendant contends that the evidence was insufficient to prove that he knowingly neglected or abused the victim. Following our review, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Sep 29, 2020

The defendant, Nelson Yojeni Ochoa-Puentes, appeals his Dickson County Circuit Court jury conviction of attempted second degree murder, arguing that the evidence was insufficient to support his conviction and that the trial court erred by admitting evidence of his immigration status. Discerning no error, we affirm.

Posted by: Karen Belcher on Sep 29, 2020

Defendant, Terry Lin Johnson, appeals from the trial court’s full revocation of probation in November 2019. Defendant argues that the trial court abused its discretion when it required Defendant to serve his entire sentence because no substantial evidence of a probation violation was presented at the probation revocation hearing. Defendant also argues that the trial court acted too harshly when it required Defendant to serve his entire sentence. After conducting a thorough review of the record, we affirm the judgment of the trial.


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