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Posted by: Karen Belcher on Nov 26, 2019

Two parties claim the authority to exercise the declarant’s rights under a declaration of restrictive covenants for a residential subdivision. The original declarant, the developer of the subdivision, granted a security interest in all personal property associated with the subdivision, including “contract rights” and general intangibles, to the bank that financed the subdivision. After the developer defaulted, the bank conducted a public sale of the personalty securing its debt and was the highest bidder at the sale.

Posted by: Karen Belcher on Nov 26, 2019

This action concerns the trial court’s designation of the primary residential parent, allocation of co-parenting time, and the division of marital debt following the parties’ divorce. We affirm the rulings on these issues made by the trial court.

Posted by: Karen Belcher on Nov 26, 2019

This is an appeal from the judgment of the chancery court denying an inmate the relief requested in his petition for writ of certiorari. The inmate is serving two concurrent life sentences, with the possibility of parole, for offenses of first degree murder. The Tennessee Board of Parole declined to grant parole to the inmate, citing seriousness of the offense. The chancery court concluded that the Board did not act arbitrarily, fraudulently, illegally, or in excess of its jurisdiction, in denying the inmate parole.

Posted by: Karen Belcher on Nov 25, 2019

This is an appeal from a termination of parental rights proceeding. The trial court found that three grounds for termination had been established against the child’s father: substantial noncompliance with the requirements of the permanency plan, persistent conditions, and failure to manifest an ability to parent. The trial court also determined that it was in the child’s best interests to terminate the father’s parental rights. We affirm.

Posted by: Karen Belcher on Nov 25, 2019

TRACEY N. WISE, Chief Bankruptcy Appellate Panel Judge. Appellant/Creditor Santander Consumer USA Inc. (“Creditor”) objected to the confirmation of a chapter 13 plan filed by Appellees/Debtors Anthony Michael Donnadio and Melissa Marie Donnadio (“Debtors”) because the plan does not contain specific language stating that Creditor, the holder of a “910 claim,” retains its lien on Debtors’ vehicle until full payment of its claim under nonbankruptcy law or Debtors’ discharge. Debtors and Appellee/Chapter 13 Trustee Michael Gallo (“Trustee”) opposed Creditor’s objection in the bankruptcy court.

Posted by: Karen Belcher on Nov 25, 2019

SUTTON, Circuit Judge. The government charged John Charles Fortner with (1) attempting to coerce a minor into illegal sexual activity and (2) violating a provision that adds ten years to a defendant’s sentence if he is required to register as a sex offender and commits certain federal offenses involving a minor. Fortner pleaded guilty to the first count. He moved to dismiss the other charge on the ground that his underlying offense did not “involve a minor” because it concerned an attempt crime that did not involve real children. The district court disagreed.

Posted by: Karen Belcher on Nov 25, 2019

KETHLEDGE, Circuit Judge. A statute’s terms are not ambiguous simply because the statute itself does not define them. Here, the Centers for Medicare and Medicaid Services interpreted the same phrase—“a physician with a primary specialty designation”—to have very different meanings in parallel provisions of the Affordable Care Act. The agency did so not because of any difference in context between the two provisions—instead their context is identical—but rather because the agency thought the different meanings made good policy sense.

Posted by: Karen Belcher on Nov 25, 2019

The Petitioner, Chad Ray Thompson, appeals from the denial of his petition for post- conviction relief, wherein he challenged his jury convictions for first degree premeditated murder, first degree felony murder, and facilitation of especially aggravated robbery. On appeal, the Petitioner alleges that he received ineffective assistance at trial due to trial counsel’s (1) failure to seek funding for an investigator and adequately prepare for trial; (2) failure to call certain witnesses; and (3) failure to file any pretrial motions or object at trial to exclude evidence.

Posted by: Karen Belcher on Nov 25, 2019

Mother appeals the termination of her parental rights on grounds of persistence of conditions and failure to manifest a willingness and ability to assume custody. The trial court’s order is affirmed in all respects.

Posted by: Karen Belcher on Nov 25, 2019

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