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Posted by: Karen Belcher on Oct 10, 2023

Petitioner, Paul Jerome Johnson, Jr., appeals the denial of his post-conviction petition, arguing that the post-conviction court erred by dismissing his claim of alleged bias by the trial court and in finding that he received the effective assistance of counsel at trial. Following our review of the entire record, oral arguments, and the briefs of the parties, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Oct 10, 2023

The Petitioner, William Heath, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his convictions for especially aggravated robbery, aggravated assault, and reckless endangerment, for which he is serving an effective forty-year sentence. On appeal, he contends that the post-conviction court erred in “failing to view the cumulative effect of [his] claims as a constructive denial of the right to counsel.” We affirm the post-conviction court’s judgment.

Posted by: Karen Belcher on Oct 10, 2023

This appeal arises from a post-divorce petition for contempt. Because we conclude that the trial court’s order failed to resolve all the issues before the court, we dismiss the appeal for lack of a final judgment.

Posted by: Karen Belcher on Oct 9, 2023

For the week of October 2, 2023 - October 6, 2023

Posted by: Karen Belcher on Oct 9, 2023

A Madison County jury convicted the Appellant, Nicolas Wayna Johnson, of possession of marijuana with intent to sell or deliver (counts one and two), possession of a firearm with intent to go armed during the commission of a dangerous felony (counts three and four), theft of property up to $1,000 (count five), and possession of unlawful drug paraphernalia (count six). Following a sentencing hearing, the trial court merged counts one and two and imposed a concurrent sentence of two years. The trial court also merged counts three and four and imposed a sentence of three years to be served in the Tennessee Department of Correction. By operation of law, the trial court ordered the concurrent twoyear term for counts one and two to be served consecutively to the three-year term in counts three and four. See Tenn. Code Ann. § 39-17-1324(a), (e)(1), (g)(1). For counts five and six, the trial court imposed a concurrent term of eleven months and twenty-nine days, to be served concurrently with all other counts, for an effective sentence of five years in confinement. The sole issue for our review is whether the trial court abused its discretion in denying alternative sentencing. Because the Appellant was eligible for probation on the theft and drug-related offenses, we remand for resentencing.

Posted by: Karen Belcher on Oct 5, 2023

This appeal involves a motion filed pursuant to Tennessee Rule of Civil Procedure 60.02, seeking to set aside the attorney's fee provision contained within a final divorce decree. The trial court denied the motion without hearing evidence from the parties or stating the basis for its decision. Because we are unable to adequately review the matter due to the trial court's lack of findings of fact and conclusions of law and the lack of evidence in the appellate record, we vacate the trial court's order and remand for further proceedings.

Posted by: Karen Belcher on Oct 5, 2023

The plaintiff filed this healthcare liability action against several healthcare providers following the death of her husband. We granted this interlocutory appeal in which the defendants request review of the trial court’s denial of their motion for a protective order to prohibit further inquiry into a meeting held between the defendant hospital and the decedent’s family. We affirm the trial court.

Posted by: Karen Belcher on Oct 5, 2023

The father of two children learned that the mother eventually planned to relocate to Florida. The father opposed the relocation and applied for a temporary restraining order to disallow the mother from leaving the state. He further requested modification of the permanent parenting plan entered at the time of the divorce (a default judgment). In response, the mother filed a counter-petition requesting permission to relocate out-of-state. The paternal grandparents filed a petition to intervene in the action to establish visitation. The court conducted a best interest analysis to determine whether it was in the children's best interest to relocate with the mother. Concluding that it was in the children's best interest to relocate, the court entered a modified parenting plan, which provided a period of co-parenting time for the father to be supervised by the grandparents and set forth a parenting schedule reflective of the distance between the parties upon the mother's relocation. The father and the grandparents appealed. We affirm the judgment allowing the relocation. The trial court's order regarding the grandparents' visitation petition, however, is unclear. Accordingly, we vacate the modified parenting plan and remand this matter for specific findings under Tennessee Code Annotated section 36-6-307 and for a ruling whether the visitation by the grandparents will be separate from or derivative of the father's time.

Posted by: Karen Belcher on Oct 4, 2023

The Shelby County Grand Jury indicted Defendant, Zion Robinson, for rape of a child, a Class A felony. Pursuant to a negotiated plea agreement, Petitioner entered an open guilty plea to the substantially reduced offense of sexual battery, a Class E felony. Following a sentencing hearing, the trial court denied Defendant’s requests for judicial diversion and probation and sentenced Defendant to serve two years incarcerated. Additionally, the trial court ordered Defendant to register with the Sex Offender Registry. Defendant appeals, arguing that the trial court abused its discretion in denying judicial diversion. We conclude that Defendant has waived appellate review of his sentence by failing to prepare an adequate record and we therefore affirm the judgment of the trial court. We remand this case, however, for the entry of a corrected judgment form reflecting the indicted offense of rape of a child.

Posted by: Karen Belcher on Oct 4, 2023

The defendant, Spenser Curtis McGuiggan, appeals the Marshall County Circuit Court’s order revoking his probation and requiring him to serve in confinement the balance of his six-year sentence for sexual battery of a minor. Discerning no error, we affirm.


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