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Posted by: Karen Belcher on Jan 7, 2020

This appeal arises from an action for trespass, injunctive relief, and to quiet title pursuant to a theory of common law adverse possession. The multiple parties are adjoining neighbors and/or affiliated businesses. The centerpiece of this litigation concerns the ownership of a strip of railroad property that is 66 feet wide and comprises 2.9 acres. The railroad removed the track and abandoned the property in 1977, after which all that remained was a berm on which the former track lay.

Posted by: Karen Belcher on Jan 6, 2020

The petitioner, Joshua Iceman, 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. Following our review, we affirm the denial of the petition.

Posted by: Karen Belcher on Jan 6, 2020

Defendant, Deddrick Clay, was indicted by the Shelby County Grand Jury for especially aggravated robbery and for being a convicted felon in possession of a firearm. Following a jury trial, Defendant was convicted of especially aggravated robbery and found not guilty of the firearm possession charge. Following a sentencing hearing, Defendant was sentenced to serve 22 years incarcerated. Defendant’s sole issue on appeal is whether the evidence was sufficient to support his conviction.

Posted by: Karen Belcher on Jan 6, 2020
Posted by: Karen Belcher on Jan 3, 2020

McKEAGUE, Circuit Judge. This is the final chapter in the story of Dean Boland, the lawyer and expert witness who unfortunately chose to create child pornography in defense of his clients charged with possessing child pornography. Two of the children victimized by Boland won a $300,000 civil judgment against him, which he tried to wipe away (“discharge”) in bankruptcy. A judgment can be discharged in bankruptcy, provided the judgment wasn’t the result of the debtor knowingly injuring someone.

Posted by: Karen Belcher on Jan 3, 2020

SUTTON, Circuit Judge. Last time around, we held that Congress removed jurisdiction from the district courts to enter class-wide injunctions restraining the enforcement of the following immigration statutes: 8 U.S.C. §§ 1221–1232. See generally 8 U.S.C. § 1252(f)(1), (g). Just before we decided that appeal, the district court issued another class-wide injunction. We vacate that injunction, too, and remand again for further proceedings.

Posted by: Karen Belcher on Jan 3, 2020

NALBANDIAN, Circuit Judge. Gustav Buchholz received two letters from law firm Meyer Njus Tanick, PA (“MNT”) about two debts he owed to Synchrony Bank. The letters, which appeared on MNT letterhead and were signed by an MNT attorney, informed Buchholz that MNT was acting as a debt collector and provided contact information for him to either challenge or pay the debts. Buchholz does not dispute the debts, but he alleges that the letters made him feel anxious and fear that MNT would sue him if he did not promptly pay.

Posted by: Karen Belcher on Jan 3, 2020

The Defendant, Septian Jamarquis Valentine, was charged with two counts of rape. See Tenn. Code Ann. § 39-13-503. Following a jury trial, the Defendant was found not guilty on count one and guilty on count two and sentenced to fourteen years incarceration.

Posted by: Karen Belcher on Jan 3, 2020

In 2010, Timothy A. Baxter, Defendant, was charged with aggravated assault and was arraigned on May 9, 2011. Defendant was subsequently charged with failure to appear for his June 13, 2011 court date on the aggravated assault charge. A jury found Defendant guilty of failure to appear, and the trial court sentenced him to six years in the Tennessee Department of Correction. This court affirmed Defendant’s judgment of conviction on direct appeal in January 2014.1 Defendant filed a pro se “Motion to Correct Record and Amend Judgment” on March 21, 2018.

Posted by: Karen Belcher on Jan 3, 2020

Appellants appeal the trial court’s grant of Appellees’ Tennessee Rule of Civil Procedure 12.02 motions in this declaratory judgment action. The trial court dismissed Appellants’ complaint on the ground that Appellants had no standing to seek a declaratory judgment interpreting a contract, to which Appellants were neither parties nor third-party beneficiaries. We affirm the dismissal of Appellants’ complaint for declaratory judgment on the ground that the complaint is barred as res judicata.


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