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Posted by: Karen Belcher on Apr 16, 2020

The pro se Petitioner, Joshua P. Holt, appeals the dismissal of his petition for post- conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of counsel and that his guilty pleas were knowing and voluntary. Following our review, we affirm the dismissal of the petition.

Posted by: Karen Belcher on Apr 16, 2020

The Petitioner, Michael Hart, appeals the Madison County Circuit Court’s denial of his petition requesting DNA analysis of evidence pursuant to the Post-Conviction DNA Analysis Act of 2001. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Apr 16, 2020

A Putnam County grand jury indicted the defendant for possession of a Schedule II controlled substance with intent to sell or deliver, possession of a Schedule IV controlled substance with intent to sell or deliver, and simple possession of a Schedule II controlled substance. After trial, a jury convicted the defendant of all counts. On appeal, the defendant challenges the trial court’s denial of his motion to suppress evidence obtained from a warrantless search of his girlfriend’s vehicle. After a thorough review of the record and applicable law, we reverse the judgment of the trial court and dismiss the indictments against the defendant.

Posted by: Karen Belcher on Apr 16, 2020

The decedent’s daughter filed suit to set aside conveyances of her father’s property made pursuant to a durable power of attorney. The trial court granted summary judgment in the petitioner’s favor, holding that the decedent lacked the mental capacity to enter into any legal agreement on the date the durable power of attorney was executed. Because we conclude that there is a genuine issue of material fact as to this question, we reverse the entry of summary judgment and remand for such further proceedings as may be necessary and consistent with this opinion.

Posted by: Karen Belcher on Apr 16, 2020

This is a healthcare liability action resulting from the death of a child. The defendants moved to dismiss the action for failure to comply with the notice requirements set out in Tennessee Code Annotated section 29-26-121(a)(2)(E). The trial court agreed with the defendants and dismissed the action without prejudice. The plaintiffs appeal the dismissal to this court. We affirm.

Posted by: Karen Belcher on Apr 16, 2020

This is an appeal of an order terminating a mother’s parental rights. The trial court found that three grounds for termination were proven against the mother and concluded that terminating her rights was in the minor child’s best interests. Although we vacate one ground for termination due to the trial court’s failure to consider all required elements of the statutory ground, we otherwise affirm the termination order.

Posted by: Karen Belcher on Apr 16, 2020

This is a case involving the propriety of retroactive child support. Following the death of the Respondent and notwithstanding the Petitioner’s stated efforts to have an administrator ad litem appointed and thereafter substituted in the Respondent’s stead, the trial court dismissed this case. For the reasons that follow, we conclude that the dismissal should be set aside.

Posted by: Karen Belcher on Apr 16, 2020

This is a constructive trust case. The plaintiff, who had recently purchased a twelve-acre tract of real property, filed a complaint for ejectment against the defendants, his uncle and cousin by marriage, who were residing in and claiming ownership of a block house and a two-acre parcel of the twelve-acre tract. The defendants, however, requested—and the trial court ultimately imposed—a constructive trust in favor of defendant uncle against the two-acre parcel and the block house. Finding that the plaintiff purchased the entire twelve acres with notice that the defendant uncle had a beneficial interest in the two-acre parcel and block house, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Apr 16, 2020

This appeal follows the trial court’s entry of an order of dismissal. Because the notice of appeal was not timely filed, we dismiss the appeal for lack of subject matter jurisdiction.

Posted by: Karen Belcher on Apr 16, 2020

This is an appeal from the judgment in a personal injury action in which the plaintiff sought to recover damages incurred in a motorcycle accident. Following the plaintiff’s failure to comply with the defendant’s discovery requests, the trial court sanctioned the plaintiff by prohibiting him from introducing a portion of the defendant’s deposition testimony at trial. The case was tried before a jury with the sanctions in place, and the jury returned a verdict in the defendant’s favor. This appeal followed. Discerning no reversible error, we affirm.


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