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Posted by: Karen Belcher on Mar 4, 2024

This is an appeal from a final order affirming the Tennessee Bureau of Investigation’s denial of a request for termination of registration on the Sex Offender Registry. Because the appellant did not file his notice of appeal with the clerk of the appellate court within thirty days after entry of the final judgment as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Posted by: Karen Belcher on Mar 4, 2024

Two neighboring property owners had the right to use the same easement for ingress and egress. For many years, the neighbors used and maintained a shared gravel road to access their properties. Then one property owner unilaterally removed gravel from part of the road and created an alternate route. The other property owner filed suit, seeking to protect his easement rights. The trial court held the owner who damaged the road liable for “acting beyond his legal rights” and “changing the nature and character of the easement.” Among other things, the court awarded the damaged party a judgment for the costs of the repairs plus pre-judgment interest and a permanent injunction. Because the evidence preponderates against the damages awarded, we modify the judgment by reducing the award. We also vacate the permanent injunction because the damaged property owner did not seek that relief. We affirm the trial court in all other respects.

Posted by: Karen Belcher on Mar 4, 2024

In this interlocutory appeal, the employer contests an order awarding medical benefits. The employee reported an injury to her shoulder and arm while grooming a dog, and the employer initially provided benefits. Several months later, at her first visit with an authorized pain management physician, the employee described having hit her head during the incident, and the physician referred her to a neurosurgeon for evaluation of symptoms in her cervical spine. After the neurosurgeon recommended surgery, the employer denied the procedure based on defective notice. Following an expedited hearing, the trial court ordered the employer to provide surgery as recommended by the employee’s neurosurgeon. The employer has appealed. After careful consideration, we affirm the trial court’s award of medical benefits and remand the case.

Posted by: Karen Belcher on Feb 23, 2024

The defendant, Khalil Young, pleaded guilty to attempted carjacking and kidnapping, and the trial court imposed an effective sentence of eight years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying his request for diversion and alternative sentencing. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Feb 23, 2024

A Tipton County jury found the defendant, Kevin Scott Pendleton, guilty of possession of a firearm by a convicted felon for which he received a sentence of ten years in confinement. On appeal, the defendant contends that the evidence presented at trial was insufficient to support his conviction. Following our review, we affirm the defendant’s conviction.

Posted by: Karen Belcher on Feb 23, 2024

The pro se petitioner, Tut Mayal Tut, appeals the summary dismissal of his second petition for post-conviction relief, which petition challenged his guilty-pleaded convictions of especially aggravated kidnapping, especially aggravated robbery, and aggravated rape, alleging that his guilty pleas were unknowing and involuntary. Discerning no error, we affirm the summary dismissal of the post-conviction petition.

Posted by: Karen Belcher on Feb 23, 2024

The petitioner, Chris M. Jones, appeals from the summary dismissal of his petition filed pursuant to the Post-Conviction DNA Analysis Act of 2001, wherein he sought DNA testing of evidence related to his convictions for second-degree murder and attempted second-degree murder. After reviewing the record, the parties’ briefs, and the applicable law, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Feb 23, 2024

A Shelby County jury convicted the defendant, Travis Haynes, of first-degree murder, tampering with evidence, and convicted felon in possession of a firearm, for which he received an effective sentence of life imprisonment plus twenty years. On appeal, the defendant contends the evidence presented at trial was insufficient to support his convictions for first-degree murder and tampering with evidence. The defendant also argues the trial court erred in not allowing the introduction of autopsy photographs through Ms. Dinkins, in failing to include an instruction on voluntary manslaughter, and in denying the defendant’s motion to continue. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Feb 23, 2024

The defendant, Eric DeShawn Webb, appeals the Maury County Circuit Court’s partial denial of his motion to reduce his sentence filed pursuant to Tennessee Rule of Criminal Procedure 35, and imposition of an effective 10-year sentence for his guilty-pleaded convictions of aggravated rioting and aggravated assault. Discerning no error, we affirm.

Posted by: Karen Belcher on Feb 23, 2024

The Defendant, William Moquann Smith, was convicted by a Williamson County Circuit Court jury of two counts of aggravated robbery, a Class B felony, and one count of theft of property valued at $10,000 or more but less than $60,000, a Class C felony, for which he is serving an effective eleven-year sentence in confinement and three years of probation. See T.C.A. §§ 39-13-403 (2018) (especially aggravated robbery), 39-14-103 (2018) (theft of property), 39-14-105(a)(4) (2018) (grading of theft). On appeal, he contends that the trial court erred in admitting a video recording and several photographs depicting him with a handgun. We affirm the judgments of the trial court.


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