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Posted by: Karen Belcher on Sep 10, 2019

Husband appeals from a divorce judgment and the entry of a permanent parenting plan, arguing that the trial court erred in not allowing him to put on any proof at the trial of this matter. For the reasons stated herein, and because we conclude that Husband should have been able to put on proof concerning the child’s best interests, we vacate the permanent parenting plan and remand for further proceedings consistent with this opinion.

Posted by: Karen Belcher on Sep 10, 2019

The issue in this interlocutory appeal is whether the trial court erred in requiring a cash- only appearance bond. Father, who had an arrearage judgment for failing to pay child support, was arrested and incarcerated pursuant to an order of attachment under Tenn. Code Ann. § 36-5-101(f)(2). The trial court set an appearance bond, without an evidentiary hearing, at the full amount of the alleged arrearage, $13,413.45, and restricted the bond to cash. The order also directed that, upon payment of the cash bond, the funds were to be forwarded immediately to the State Disbursement Unit and applied to Father’s arrears. In subsequent hearings, the trial court denied Father the right to post a secured bond, and this Tenn. R. App. P. 10 Extraordinary Appeal followed. First, we hold that the trial court violated Father’s constitutional rights under Article I, section 15 of the Tennessee Constitution and under the equal protection guarantees of both the Tennessee and United States Constitutions by imposing a cash-only appearance bond. Second, we hold that the trial court violated Father’s due process rights under both the state and federal constitutions by imposing a $13,413.45 cash-only bond as a means to collect a civil debt and ordering that the bond be immediately applied in satisfaction of the alleged debt, without an evidentiary hearing. Finally, we hold that the trial court misconstrued the applicable statute, Tenn. Code Ann. § 36-5-101(f)(2), as allowing it to use the appearance bond solely as a means to collect the alleged arrears, rather than as a means to ensure Father’s appearance for legal proceedings. Therefore, because the trial court failed to identify and apply the appropriate legal principles, both statutory and constitutional, and its decision was not supported by an evidentiary foundation, the decision constituted an abuse of discretion. Because the trial court erred in requiring a cash-only appearance bond, the judgment of the trial court is reversed, the amount of bond shall be $1,000, which Father may post with sufficient sureties, and the case is remanded for further proceedings as may be necessary.

Posted by: Karen Belcher on Sep 10, 2019

Plaintiff appeals the dismissal of her premises liability action for failure to show that Defendant was the owner of the premises or built the deck on which Plaintiff fell. Plaintiff has failed to file a trial transcript or statement of the evidence; consequently, we accord the trial court’s judgment a presumption that the evidence supports the holding and affirm the judgment.

Posted by: Karen Belcher on Sep 9, 2019

William Zukowski, Petitioner, filed a Petition for Writ of Habeas Corpus, claiming the trial court lacked jurisdiction to pronounce judgment and sentence for his five convictions of rape of a child because (1) his consecutive sentences violated double jeopardy, (2) the indictment was deficient because the charges were multiplicitous, and (3) the trial court’s failure to require an election violated his constitutional right to a unanimous jury verdict. The habeas corpus court found that Petitioner’s claims were not cognizable habeas corpus claims and summarily dismissed the petition.

Posted by: Karen Belcher on Sep 9, 2019

In this procedurally complex and litigious case, the Petitioner, Jeffery Yates, was convicted in three sets of convictions, 1993, 1994, and 2003, of: (1993) especially aggravated kidnapping, attempted aggravated robbery, and aggravated kidnapping, receiving an effective eighteen-year sentence; (1994) five counts of aggravated assault, receiving a ten-year concurrent sentence; and (2003) aggravated robbery, receiving a thirty-year Range II sentence. The Petitioner has repeatedly and unsuccessfully challenged his convictions and sentences.

Posted by: Karen Belcher on Sep 9, 2019

The petitioner, Darion Merriweather, appeals the denial of his petition for post-conviction relief, which petition challenged his guilty-pleaded conviction of carjacking, alleging that he was deprived of the effective assistance of counsel and that his guilty plea was not entered into knowingly and voluntarily. Because the record establishes that counsels’ performance was deficient and that the petitioner’s guilty plea was unknowing and involuntary, we reverse the denial of post-conviction relief, vacate the petitioner’s guilty plea, and remand for trial.

Posted by: Karen Belcher on Sep 9, 2019

The Defendant, Brewston Cole, pleaded guilty to possession of over .5 grams of a Schedule VI controlled substance with the intent to sell, and the trial court sentenced him to a two-year term of supervised probation. The Defendant reserved a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) as to whether the warrantless search of the Defendant’s vehicle was lawful based on the length of the traffic stop. After review, we affirm the trial court’s judgment.

Posted by: Karen Belcher on Sep 9, 2019

In 1998 and 1999, the Petitioner pleaded guilty to three different drug offenses. State v. Antonio Clifton, No. W2016-00175-CCA-R3-CD, 2016 WL 6427862, at *1 (Tenn. Crim. App., at Jackson, Oct. 31, 2016), no Tenn. R. App. P. 11 application filed. Several years later, the Petitioner filed a petition for a writ of habeas corpus and a motion to correct an illegal sentence, both of which were denied based on the fact that his sentences had expired. The Petitioner filed this, his second petition for a writ of habeas corpus.

Posted by: Karen Belcher on Sep 6, 2019

This is an accelerated interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B, from the trial court’s denial of a motion for recusal. The plaintiff contends the trial judge should be disqualified because a lawyer with the Lewis Thomason law firm, which represents the defendant in this action, provided a letter of recommendation on behalf of the trial judge in support of the judge’s application for appointment to a vacancy on the Court of Appeals of Tennessee.

Posted by: Karen Belcher on Sep 6, 2019

NALBANDIAN, Circuit Judge. PolyOne Corporation and Westlake Vinyls have long disputed their share of the cleanup costs at a Superfund site in Kentucky. So the parties entered a settlement agreement (“Agreement”) in 2007. Though that Agreement did not end the conflict, it provides some structure to the parties’ recurring disputes about the cleanup costs. Under the Agreement, PolyOne must reimburse Westlake for 100% of “allocable costs,” and every five years, either party may demand arbitration to modify the amount or allocation of costs.


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