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Posted by: Karen Belcher on Apr 30, 2020

The defendant, Antonio Benson, was convicted of first-degree premeditated murder and sentenced to life in prison. On appeal, the defendant contended that the proof at trial fairly raised the issue of whether or not he killed the victim in self-defense and that the trial court erred in refusing to instruct the jury on self-defense. The Court of Criminal Appeals agreed that self-defense should have been charged and concluded that the error was not harmless. The intermediate court therefore reversed the defendant’s conviction and remanded the case for a new trial. We granted this appeal to clarify the gatekeeping function of a trial court when assessing whether self-defense has been fairly raised by the proof and to consider the quantum of proof necessary for a court to charge a jury on self- defense. We hold that self-defense was not fairly raised by the proof in this case because the defendant was not lawfully defending himself when he killed the victim. We, therefore, reverse the judgment of the Court of Criminal Appeals.

Posted by: Karen Belcher on Apr 30, 2020

BOGGS, Circuit Judge. A jury convicted Leon Ward of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Ward now appeals, arguing that his conviction was improper under Rehaif v. United States because neither the indictment nor the jury instructions in his case charged that he “knew he belonged to the relevant category of persons barred from possessing a firearm.” 139 S. Ct. 2191, 2200 (2019). In the alternative, he argues that the evidence presented at trial was insufficient to support his conviction. We affirm.

Posted by: Karen Belcher on Apr 30, 2020

SUTTON, Circuit Judge. One evening after work, Daniel Lemon told his employer, Norfolk Southern Railway, that he hurt himself on the job. In the process of investigating the report, the railroad learned that Lemon told coworkers that he injured himself at home. It fired him for telling tales. Because railroads may not retaliate against employees for reporting on-the-job injuries, Lemon sued. Because railroads may fire employees for making false statements, we affirm the district court’s summary judgment ruling for the railroad.

Posted by: Karen Belcher on Apr 30, 2020

CHAD A. READLER, Circuit Judge. Willie Benton was arrested after purchasing four kilograms of powder cocaine during a transaction in his home. Benton later pleaded guilty to conspiring to possess with the intent to distribute and conspiring to distribute cocaine, a plea he does not contest. But he does contest his sentence for that offense. Benton asserts that the district court improperly calculated his Federal Sentencing Guidelines range by adding as “relevant conduct” to his underlying offense three kilograms of crack cocaine found in a safe in his home. See U.S.S.G. § 1B1.3(a)(2). Benton likewise challenges the district court’s imposition of a 260-month sentence as procedurally and substantively unreasonable. Seeing no error in the proceedings below, we AFFIRM the judgment of the district court.

Posted by: Karen Belcher on Apr 30, 2020

The State appeals from the post-conviction court’s order granting post-conviction relief to the Petitioner, Larry E. Rathbone, from his convictions for two counts of rape of a child, one count of attempted rape of a child, and one count of aggravated sexual battery, for which he is serving an effective fifty-six-year sentence. On appeal, the State contends that the post-conviction court erred in granting relief on the Petitioner’s ineffective assistance of counsel claim related to his trial attorney’s dual representation of him and the codefendant at their joint trial and related to counsel’s failure to obtain a severance. In cross-appeal issues, the Petitioner contends that the court erred in failing to grant relief on his claim that he received the ineffective assistance of counsel because trial counsel did not challenge the competency of the child victim who testified at the trial and that he is entitled to plain error relief based upon ineffective assistance of counsel due to counsel’s lack of objection to the introduction of evidence of uncharged criminal conduct. We conclude that the post-conviction court erred in granting relief and reverse its judgment.

Posted by: Karen Belcher on Apr 30, 2020

A Shelby County jury convicted the defendant, Quintavious Hill, as charged of attempted second degree murder, aggravated assault, and employing a firearm during the commission of a dangerous felony, and the trial court imposed an effective eleven-year sentence. See Tenn. Code Ann. §§ 39-12-101, 39-13-210, 39-13-102(a)(1)(A)(iii), 39- 17-1324(b). On appeal, the defendant argues that the evidence is insufficient to sustain his convictions. We affirm the judgments of the trial court.

Posted by: Karen Belcher on Apr 28, 2020

The defendant, Vintario Tate, appeals his Shelby County Criminal Court jury convictions of attempted second degree murder, aggravated assault, and employing a firearm during the commission of a dangerous felony, arguing that the evidence was insufficient to support his convictions and that his convictions violate principles of double jeopardy. Discerning no error, we affirm the judgments of the trial court and remand for entry of a corrected judgment in count 3.

Posted by: Karen Belcher on Apr 28, 2020

A jury convicted Petitioner, Travis Tate, of second degree murder, attempted voluntary manslaughter, and employing a firearm during the commission of a dangerous felony. Petitioner’sconvictionswereupheldbythisCourtondirectappeal. Statev.TravisTate, No. 2014-02102-CCA-R3-CD, 2016 WL 7664764 (Tenn. Crim. App. May 31, 2016), no perm. app. filed. Petitioner timely filed a petition for post-conviction relief. After a hearing, the post-conviction court denied the petition. After a reviewing the record, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Apr 28, 2020

The petitioner, Angela Smith, appeals the denial of her post-conviction petition, arguing the post-conviction court erred in finding she received the effective assistance of counsel at trial. Following our review, we affirm the denial of the petition.

Posted by: Karen Belcher on Apr 28, 2020

Darrell Roby, Defendant, was convicted by a jury of one count of rape of a child and one count of aggravated sexual battery. As a result of the convictions, Defendant was sentenced to an effective sentence of fifty-two years. After the denial of a motion for new trial, Defendant appeals his convictions. On appeal, he argues that the evidence was insufficient to support his convictions. After a thorough review, we determine that the evidence is sufficient to support the convictions. Consequently, the judgments of the trial court are affirmed.


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