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Posted by: Karen Belcher on Apr 17, 2020

A father appeals the modification of a parenting plan, contending that the circuit court lacked subject matter jurisdiction to the modify the plan because the mother’s petition raised allegations that the children were abused and neglected, which the juvenile court had exclusive jurisdiction to hear. Concluding that the circuit court retained subject matter jurisdiction over the post-divorce petition, we affirm the judgment.

Posted by: Karen Belcher on Apr 17, 2020

The employee sustained an injury to her right hand and right knee after tripping over a pallet in the course of her employment. The claim was accepted as compensable and the employer provided medical benefits, including authorization of a partial knee replacement. Following surgery, the employee began experiencing back and hip pain, prompting a referral for a neurosurgical evaluation that resulted in a recommendation for lumbar surgery. The employer authorized decompression surgery, but declined to authorize a fusion. The employee filed a petition seeking to compel the employer to authorize both procedures and to pay temporary disability benefits for the period of time she alleged she was disabled as a result of her hip and lumbar conditions. Following an expedited hearing, the trial court concluded the employee had come forward with sufficient evidence indicating she would likely prevail at trial in establishing that her back complaints were the direct and natural consequence of her knee injury. It ordered the employer to authorize the recommended surgery and concluded the employee was entitled to temporary disability benefits. The employer has appealed. Having carefully reviewed the record, we affirm the trial court’s decision and remand the case.

Posted by: Karen Belcher on Apr 17, 2020

The Petitioner, Patrick Lewis LaForce, appeals as of right from the Cumberland County Criminal Court’s order summarily denying his petition for post-conviction relief as untimely. The State has filed a motion to affirm by memorandum opinion the judgment of the trial court. Following our review, we conclude that an opinion in this case would have no precedential value and affirm the judgment of the post-conviction court pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.

Posted by: Karen Belcher on Apr 17, 2020

This appeal arises from an action filed by Robert F. Clark (“Plaintiff”), seeking a declaratory judgment and damages against Tennessee Farmers Mutual Insurance Company (“Tennessee Farmers”). Plaintiff applied for a homeowner’s insurance policy with Tennessee Farmers upon his purchase of improved real property. The effective date of the policy was to begin on May 29, 2013, the original date of the closing for the sale of the property. The closing of the real property was rescheduled to an earlier date. A leak occurred after the actual closing on the property but before the date of the original closing and the stated effective date of the homeowner’s insurance policy. Determining that Tennessee Farmers had not been notified of the change and that Plaintiff had signed an authorization for work on the property, the Trial Court granted Tennessee Farmers’ motion for summary judgment. We affirm the Trial Court’s finding that the leak occurred prior to the effective date of the policy. However, we reverse the Trial Court’s grant of summary judgment upon our determination that genuine issues of material fact exist to preclude summary judgment on other issues.

Posted by: Karen Belcher on Apr 17, 2020

The Defendant, Kevin E. Trent, was convicted in 2015 upon his guilty plea of vehicular homicide by intoxication, a Class B felony. See T.C.A. § 39-13-213 (2010). The Defendant pleaded guilty as a Range I, standard offender and agreed to an eight-year sentence. The manner of service of his sentence was reserved for the trial court’s determination. On appeal, the Defendant contends that the trial court erred by imposing incarceration rather than an alternative sentence. We reverse the judgment of the trial court and remand the case for the entry of an amended judgment reflecting the sentence of split confinement of time served and the remainder on probation. Upon remand, the trial court is to determine the appropriate conditions of probation.

Posted by: Karen Belcher on Apr 17, 2020

The Defendant, Floyd Pete Lynch, was convicted by a Hancock County Criminal Court jury of violating the sexual offender registry, a Class E felony. See T.C.A. § 40-39-208 (2018). He received a sentence of four years’ confinement. On appeal, the Defendant contends that the evidence was insufficient to support his conviction. We affirm the judgment of the trial court.

Posted by: Karen Belcher on Apr 17, 2020

The Defendant, Edward Dean, was convicted by a Shelby County Criminal Court jury of attempted second degree murder, a Class B felony; employing a firearm during the commission of a dangerous felony, a Class C felony, and unlawful possession of a firearm by a convicted felon, a Class C felony. He was sentenced by the trial court as a Range I offender to twelve years at 30% for the attempted second degree murder conviction, ten years at 100% for the employment of a firearm conviction, and six years at 30% for the unlawful possession of a firearm conviction. The trial court ordered that the sentences be served consecutively, for an effective sentence of twenty-eight years in the Department of Correction. On appeal, the Defendant challenges the sufficiency of the evidence in support of his attempted second degree murder and unlawful possession of a firearm convictions and argues that the trial court erred in denying his motion to suppress his statement to police, in limiting the testimony of a defense witness physician, in failing to give the jury an instruction on diminished capacity, and in failing to give sufficient weight to mitigating factors in sentencing. Following our review, we affirm the judgments in Counts 1 and 2 but reverse the judgement in Count 3.

Posted by: Karen Belcher on Apr 17, 2020

The petitioner, John Alan Chapman, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

Posted by: Karen Belcher on Apr 17, 2020

Mother sought a judgment for child support arrears tracing back to January 2010. Relief was denied when it was determined that a prior order suspending child support in January 2010 had been a final order. Having determined that the order suspending child support was not a final order and was entered in error, we hereby reverse the dismissal of the case and remand for further proceedings.

Posted by: Karen Belcher on Apr 17, 2020

A mother whose parental rights to her daughter were terminated appeals the court’s best interest determination. Upon our review of the evidence, we affirm the trial court’s holdings that clear and convincing evidence existed to sustain three grounds for termination and that termination is in the child’s best interest.


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