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Posted by: Karen Belcher on Jul 21, 2020

JOHN K. BUSH, Circuit Judge. Raheim Trice entered a conditional guilty plea to one count of possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(viii), (B)(iii), and (C). He conditioned his plea on this appeal challenging the warrant issued to search his apartment. Law enforcement officers entered the common area of his apartment building and placed a camera disguised as a smoke detector on the wall across the hallway from the front door of his unit. The camera was equipped with a motion detector and set to activate whenever the door to his apartment opened. The camera made several videos of Trice entering and exiting, and this information was used in an affidavit in support of the search warrant. Law enforcement executed the warrant and seized drugs and other paraphernalia consistent with distribution. Trice contends that the use of the camera violated his Fourth Amendment rights.

We disagree because Trice’s arguments are squarely foreclosed by two lines of authority from this court. The first makes clear that he had no reasonable expectation of privacy in the apartment’s unlocked common hallway where the camera recorded the footage. The second teaches that law enforcement may use video to record what police could have seen from a publicly accessible location. Although the camera was placed inside an apartment building rather than on a utility pole (as is more typical), we are compelled by this authority to allow use of the video. The camera captured nothing beyond the fact of Trice’s entry and exit into the apartment and did not provide law enforcement any information they could not have learned through ordinary visual surveillance. We AFFIRM.

Posted by: Karen Belcher on Jul 21, 2020

The defendant, Curtis Lane, appeals his 2019 Knox County Criminal Court guilty-pleaded conviction of second degree murder, arguing that the 22-year sentence is excessive. Discerning no error, we affirm.

Posted by: Karen Belcher on Jul 21, 2020

The defendant, Isaiah Kemp, appeals from the revocation of the probationary sentence imposed for his 2018 Sevier County Circuit Court guilty-pleaded conviction of passing worthless checks in an amount of $1,000 or more but less than $10,000, arguing that the trial court erred by ordering that he serve the balance of his sentence in confinement. Discerning no error, we affirm.

Posted by: Karen Belcher on Jul 21, 2020

The defendant, Gary Wayne Ford, appeals the Meigs County Criminal Court’s denial of alternative sentencing for his conviction of voluntary manslaughter, arguing that the trial court applied an incorrect legal standard, admitted improper rebuttal evidence at the sentencing hearing, and based its decision on unreliable or contradicted evidence. After careful examination of the record, we affirm the trial court’s judgment.

Posted by: Karen Belcher on Jul 21, 2020

This appeal arises from a default judgment in a detainer action. AA Properties, GP (“AA Properties”) filed a detainer warrant against James Scarlett (“Scarlett”) in the General Sessions Court for Knox County (“the General Sessions Court”) concerning real property of Scarlett’s that had been foreclosed upon. Default judgment was entered against Scarlett and a writ of possession was issued. Scarlett later filed a petition for writ of certiorari and supersedeas in the Circuit Court for Knox County (“the Circuit Court”). AA Properties filed a motion to dismiss, which the Circuit Court granted. Scarlett appeals, arguing that the warrant was deficient in that it failed to state specifically that personal service was attempted. Scarlett argues further that, under the Tennessee Rules of Civil Procedure, only five days elapsed from the posting of the warrant to the hearing, when per statute he was entitled to six days. We hold, first, that the warrant sufficiently reflected that personal service was attempted. We hold further that, in this instance, the Tennessee Rules of Civil Procedure did not apply in the General Sessions Court. We affirm.

Posted by: Karen Belcher on Jul 21, 2020

A foster parent appealed the removal of two foster children from her home. This appeal arises from a petition for judicial review of the Tennessee Department of Children’s Services Administrative Procedures Division’s decision to dismiss the foster parent’s appeal on the basis of mootness. The Chancery Court affirmed the Commissioner’s decision. Finding substantial and material evidence in support of the Commissioner’s decision, we affirm.

Posted by: Karen Belcher on Jul 21, 2020

This appeal concerns an action to establish undue influence and violations of the Tennessee Adult Protection Act, codified at Tennessee Code Annotated section 71-6-120, et seq.2 The trial court denied the claims submitted by Plaintiff. We affirm.

Posted by: Karen Belcher on Jul 20, 2020

The Petitioner, Dennis Judge, pleaded guilty to sexual battery by an authority figure, and the trial court sentenced him to the agreed sentence of four years of Community Corrections. More than a year later, the Petitioner filed a motion requesting that the trial court allow him to file an untimely petition for post-conviction relief and also a petition for post-conviction relief. After a hearing, the post-conviction court found that due process did not require a tolling of the statute of limitations, and it dismissed the petition. After a thorough review of the record and relevant authorities, we affirm the post- conviction court’s judgment.

Posted by: Karen Belcher on Jul 20, 2020

The Defendant, Marlon William Cotham, was convicted of aggravated robbery, a Class B felony, and sentenced to nine years in the Department of Correction. On appeal, he argues that the evidence is insufficient to sustain his conviction, and the trial court erred in imposing a sentence of nine years. After review, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Jul 20, 2020

RONALD LEE GILMAN, Circuit Judge. Andrei Skripkov, a citizen of Russia, seeks review of a decision by the Board of Immigration Appeals (BIA) upholding an Immigration Judge’s (IJ’s) denial of his application for asylum and the withholding of removal. Skripkov asserted in his application that he was persecuted in his home country on account of his political opinion. He specifically contended that his anticorruption whistleblowing activities motivated Russian officials to persecute him. The IJ and the BIA, on the other hand, found that the officials were motivated solely by their pecuniary interest in furthering a corrupt scheme disrupted by Skripkov.

In his petition for review, Skripkov argues that the BIA erred in disregarding evidence that he would be criminally prosecuted for his political opinion if he is returned to Russia. For the reasons set forth below, we GRANT Skripkov’s petition for review and REMAND the case to the BIA for further proceedings consistent with this opinion.


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