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Posted by: Karen Belcher on Sep 5, 2019

BERNICE BOUIE DONALD, Circuit Judge. In 2011, Timothy Neill, Jr. (“Neill”) pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). He was sentenced to ninety-two months imprisonment, and on advice of counsel, he decided not to pursue an appeal. Neill subsequently filed a motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255, arguing, among other things, that he had received ineffective assistance of counsel in regard to his appellate strategy.

Posted by: Karen Belcher on Sep 5, 2019

Petitioner, Steven Padgett King, appeals the dismissal of his petition for post-conviction relief, in which he sought application of the rule announced in Ward v. State, 315 S.W.3d 461 (Tenn. 2010). We reverse the judgment of the post-conviction court and remand to the post-conviction court for a new evidentiary hearing to determine whether Petitioner is entitled to relief pursuant to Ward.

Posted by: Karen Belcher on Sep 5, 2019

Petitioner, Steven Padgett King, appeals the dismissal of his petition for post-conviction relief, in which he sought application of the rule announced in Ward v. State, 315 S.W.3d 461 (Tenn. 2010). We reverse the judgment of the post-conviction court and remand to the post-conviction court for a new evidentiary hearing to determine whether Petitioner is entitled to relief pursuant to Ward.

Posted by: Karen Belcher on Sep 5, 2019

Plaintiff sued defendant-company and its employee for damages to its real property when the defendant-company’s tractor-trailer collided with the plaintiff’s residential properties while the truck was unmanned. The plaintiff raised claims of negligence, gross negligence, recklessness, trespass, negligent hiring, negligent entrustment, and punitive damages. A jury trial occurred, and the trial court granted the defendants’ motion for a directed verdict as to all but the plaintiff’s negligence claim.

Posted by: Karen Belcher on Sep 5, 2019

Plaintiff sued defendant-company and its employee for damages to its real property when the defendant-company’s tractor-trailer collided with the plaintiff’s residential properties while the truck was unmanned. The plaintiff raised claims of negligence, gross negligence, recklessness, trespass, negligent hiring, negligent entrustment, and punitive damages. A jury trial occurred, and the trial court granted the defendants’ motion for a directed verdict as to all but the plaintiff’s negligence claim.

Posted by: Karen Belcher on Sep 5, 2019

This is an appeal from an order dismissing the plaintiff’s complaint as to one of two defendants. Because the order appealed does not dispose of all the plaintiff’s claims, we dismiss the appeal for lack of a final judgment.

Posted by: Karen Belcher on Sep 4, 2019

This action involves the termination of a father’s parental rights to his minor children. Following a bench trial, the trial court found that clear and convincing evidence existed to support the statutory ground of severe child abuse and that termination was in the best interest of the children. We affirm.

Posted by: Karen Belcher on Sep 4, 2019

This is an appeal in a proceeding to modify an agreed parenting plan, which was incorporated into a decree when Mother and Father finalized their divorce in Arizona in 2016. Prior to the entry of the decree, the Mother and their three minor children moved to Montgomery County, Tennessee, with Father’s consent when he obtained temporary employment in Kuwait.

Posted by: Karen Belcher on Sep 4, 2019

The only child of the decedent contests the validity of her father’s will on the grounds that the decedent lacked testamentary capacity, and the will was the result of his step- daughter’s undue influence. When the step-daughter, who was designated as the executrix and sole beneficiary, filed a petition to admit the will to probate, the daughter filed a will contest. Following discovery, the step-daughter filed a motion for summary judgment to dismiss the will contest.

Posted by: Karen Belcher on Sep 4, 2019

The Petitioner, Reginald Lamon Goldsmith, appeals the dismissal of his petition for post- conviction relief, arguing that the post-conviction court abused its discretion in failing to appoint post-conviction counsel and summarily dismissing the petition. Following our review, we affirm the summary dismissal of the petition as time-barred and conclude that the Petitioner has waived his due process claim.


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