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Posted by: Karen Belcher on Jan 27, 2020

The Defendant, Kristie Ward Thompson, pleaded guilty to reckless homicide and received a twelve-year sentence to be served concurrently to a sentence in a separate case. The Defendant challenges the trial court’s denial of alternative sentencing. Upon review of the record and applicable law, we affirm the judgment of trial court but remand for correction of the judgment form in compliance with Tennessee Code Annotated section 40-35-209.

Posted by: Karen Belcher on Jan 27, 2020

Defendant, Jerry Joyner, was indicted by the Dyer County Grand Jury on the following counts: (1) possession with intent to sell or deliver a controlled substance, schedule II, to wit, methamphetamine, in an amount in excess of 0.5 grams; (2) possession with intent to sell or deliver a controlled substance, schedule II, to wit, cocaine, in an amount in excess of 0.5 grams; (3) possession with intent to sell or deliver a controlled substance, schedule II, to wit, morphine; (4) possession with intent to sell or deliver a controlled substance, schedule II, to wit, hydrocodone; and (5) possession with intent to sell or deliver a controlled substance, schedule IV, to wit, alprazolam. Following an evidentiary hearing on Defendant’s motion to suppress the evidence retrieved from a search of his person, the trial court granted his motion and dismissed, in separate judgments, all five counts of the indictment against Defendant. The State appeals the granting of Defendant’s motion to suppress on grounds that the search at issue was constitutional. After review, we reverse the judgments of the trial court, reinstate the charges in the indictment, and remand for further proceedings.

Posted by: Karen Belcher on Jan 27, 2020

Jermaine Nelson Buford, Defendant, appeals from his convictions for possession of .5 grams of more of cocaine with intent to sell, aggravated assault, felony evading arrest, evading arrest, vandalism of property over $500, and simple possession. On appeal, Defendant argues, among other things, that (1) the State violated State v. Ferguson by failing to preserve an audio recording of the drug transaction that formed the basis of the indictment; (2) the trial court erred by refusing to give the missing witness instruction when the confidential informant did not testify at trial; and (3) the State committed a Brady violation by failing to disclose witness information. After a review, we determine Defendant has waived several issues for failure to either raise them in the trial court and/or properly present argument or authority to support the issues in this Court. As to the remaining issues, we determine Defendant is not entitled to relief. However, we remand the matter to the trial court for entry of a corrected judgment form for the conviction for vandalism.

Posted by: Karen Belcher on Jan 24, 2020

This is an appeal from an order dismissing an inmate’s lawsuit. Because the inmate did not file his notice of appeal within thirty days after entry of the order as required by Tenn. R. App. P. 4(a), we dismiss the appeal.

Posted by: Karen Belcher on Jan 24, 2020

This appeal involves a slip and fall premises liability claim filed by a tenant against his landlord. The trial court granted summary judgment to the landlord because the tenant’s evidence did not show that the allegedly dangerous condition was in existence as of the date of the lease or that the landlord had actual or constructive notice of the allegedly dangerous condition. The tenant appeals. Discerning no error, we affirm.

Posted by: Karen Belcher on Jan 24, 2020

The plaintiff filed this action seeking to recover damages on behalf of Anderson County based upon the plaintiff’s allegations that the defendants had submitted false claims for payment by the county. The trial court dismissed the action, determining that the plaintiff’s amended complaint had failed to state a claim upon which relief could be granted. The plaintiff has appealed. Discerning no reversible error, we affirm the trial court’s judgment of dismissal.

Posted by: Karen Belcher on Jan 24, 2020

A prisoner filed suit against a fellow inmate and several county defendants. The county defendants filed a motion to dismiss for failure to state a claim. The trial court granted the motion to dismiss and dismissed the prisoner’s cause of action as to the county defendants. The prisoner appealed. Because the order appealed does not dispose of all of the prisoner’s claims against all defendants, we dismiss the appeal for lack of a final judgment.

Posted by: Karen Belcher on Jan 22, 2020

ALICE M. BATCHELDER, Circuit Judge. Aminata Dieng and her husband, Ousseynou Ndiaye Lo, petition for review of the order of the Board of Immigration Appeals (Board or BIA) denying their motion to reopen their application for asylum. We hold that the Board did not abuse its discretion when it found that petitioners failed to provide material evidence of changed country conditions in Senegal and therefore DENY the petition.

Posted by: Karen Belcher on Jan 22, 2020

The Petitioner, Brandan Dane Windrow, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions of aggravated assault and felony vandalism and resulting effective sentence of fourteen years in confinement. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Jan 22, 2020

The original plaintiff filed this action to set aside a quitclaim deed and died while the case was still pending. When no motion for substitution of party was filed within 90 days of the original plaintiff’s death being suggested on the record, the defendants filed a motion to dismiss. The original plaintiff’s son filed a response and requested that he be substituted as the plaintiff. Finding excusable neglect, the trial court denied the motion to dismiss and allowed the original plaintiff’s son to be substituted as the plaintiff. The trial court determined that the quitclaim deed was valid and conveyed to the defendants four tracts of land but did not convey a fifth tract due to an inadequate description of the property. The defendants appealed the trial court’s decision. We affirm the trial court’s denial of the motion to dismiss, but we vacate the trial court’s decision regarding the adequacy of the property description and remand for further proceedings.


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