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Posted by: Karen Belcher on Oct 7, 2019

Defendant, Dennis Rasheed Gaye, appeals from the dismissal of a motion to reduce his sentence, a motion to correct an illegal sentence, and a motion to correct a clerical error. For the following reasons, the judgment of the trial court is affirmed.

Posted by: Karen Belcher on Oct 7, 2019

This appeal involves a former husband’s fourth petition to reduce or terminate his alimony in futuro obligation since the parties were divorced. When considering the appeal of husband’s third attempt, in Malkin v. Malkin, 475 S.W.3d 252 (Tenn. Ct. App. 2015), this Court reversed the trial court’s reduction of the award and reinstated the prior alimony obligation.

Posted by: Karen Belcher on Oct 7, 2019

This appeal arises from a wrongful death action based on health care liability. Wiley E. Daffron (“Decedent”) received medical treatment from Memorial Health Care System, Inc. (“Memorial”) in 2013. During his stay at Memorial, Decedent developed a pressure ulcer. Decedent died a few months after he was discharged from Memorial. Teresa M. Daffron (“Ms. Daffron”), Decedent’s adult daughter, obtained Decedent’s medical records from Memorial. Some 13 months later, Ms. Daffron sent pre-suit notice of her intent to sue Memorial. A few months after that, Ms.

Posted by: Karen Belcher on Oct 7, 2019

This appeal arises from a dispute over an unorthodox, two-page contract pursuant to which the plaintiff sold his home to the defendant and continued to reside in the home, in accordance with a lease-back provision, for “up to five years” with rent “not to exceed $950 a month.” The contract also included provisions for “equity participation,” including the option for the plaintiff to buy the property back “at prevailing market value.” The plaintiff filed a complaint asserting, inter alia, claims for violations of the Tennessee Consumer Protection Act, quiet title, and breach of contract.

Posted by: Karen Belcher on Oct 7, 2019

In this wrongful death action, the plaintiff estate seeks to hold the defendant liable for negligently facilitating the decedent’s suicide. While staying alone in the defendant’s home, the adult decedent committed suicide by shooting herself with a gun that was unsecured in the defendant’s home. The decedent’s estate sued the defendant, alleging that he should have known the decedent was potentially suicidal and that he negligently facilitated the suicide by failing to secure the gun while the decedent was in his home.

Posted by: Karen Belcher on Oct 4, 2019

NALBANDIAN, Circuit Judge. This case is about promises made, promises broken, and disclaimers signed. And it is a reminder that not every broken promise occasions a legal remedy.

We affirm the grant of summary judgment and reverse the sanctions.

Posted by: Karen Belcher on Oct 4, 2019

JOHN K. BUSH, Circuit Judge. This case presents the following central question: may “a notice to appear” for a removal proceeding under 8 U.S.C. §§ 1229(a), 1229b(d)(1) be served upon a noncitizen through service of more than one written communication and still constitute such “notice” if those multiple installments collectively give the noncitizen all of the information required to be provided by § 1229(a)(1)(A)-(G)? Petitioner, Gilberto Garcia-Romo, a noncitizen, says no.

Posted by: Karen Belcher on Oct 4, 2019

SUTTON, Circuit Judge. In this case, federal prosecutors asked the district court for permission to withhold classified information from defense counsel for Sirous Asgari, an Iranian scientist charged with theft of trade secrets. The court initially granted the government’s request because the information was not relevant to the charges. But after Asgari moved for reconsideration on the ground his defense counsel had a top-level security clearance, the court changed its mind and ordered the information’s disclosure to counsel.

Posted by: Karen Belcher on Oct 4, 2019

Petitioner, Santeriaus D. Lavender, pled guilty to second degree murder in exchange for a sentence of thirty years to be served at 100 percent. Petitioner subsequently filed a petition for post-conviction relief, alleging that he received the ineffective assistance of counsel and that his guilty plea was not knowing and voluntary. The post-conviction court denied relief, and upon our review of the record, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Oct 4, 2019

A Davidson County grand jury indicted the defendant, Brandon E. Banks, for five counts of aggravated rape and two counts of aggravated sexual battery. After trial, a jury convicted the defendant of one count of each offense. On appeal, the defendant challenges the trial court’s denial of his motion to suppress evidence obtained from a warrantless search of his cell phone, the sufficiency of the evidence supporting his conviction for aggravated rape, and several of the trial court’s evidentiary rulings.


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