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Posted by: Karen Belcher on Aug 10, 2023

CHAD A. READLER, Circuit Judge. Gerald Lynn Campbell brandished a pistol and told a group of laborers that he had a bullet for each of them. Following an indictment, Campbell pleaded guilty to being a felon in possession of a firearm. The district court sentenced him to fifteen years’ imprisonment, concluding that Campbell’s prior convictions for robbery and drug offenses triggered the Armed Career Criminal Act’s mandatory minimum. Campbell appealed, challenging his sentence. We affirm. 

Posted by: Karen Belcher on Aug 10, 2023

The Defendant, Demetrice Livingston, was convicted by a Dyer County Circuit Court jury of second degree murder and was sentenced by the trial court as a Range I offender to twenty years at 100% in the Department of Correction, to be served consecutively to his sentence in a drug case for which he had been sentenced to probation. The Defendant raises three issues on appeal: (1) whether the evidence was sufficient to sustain his conviction; (2) whether the trial court imposed an excessive sentence; and (3) whether the State made an improper closing argument by referencing facts not in evidence and making a comment that impermissibly bolstered the testimony of a State’s witness. Based on our review, we affirm the judgment of the trial court but remand for the trial court to enter an amended judgment imposing a concurrent sentence.

Posted by: Karen Belcher on Aug 10, 2023

In this lawsuit between former law partners, a jury returned a verdict in favor of Appellees. The instant appeal involves Appellees’ attempt to collect their judgment. The trial court held that Appellant’s qualified rollover IRA is not exempt from garnishment, attachment and execution under Tennessee Code Annotated sections 26-2-105, 26-2-111(1)(D), 26-2- 26, and 56-7-203. The trial court also determined that a recreational vehicle was not held as a tenancy by the entirety and was subject to attachment and execution as Appellant’s individually-owned property. We reverse.

Posted by: Karen Belcher on Aug 10, 2023

This is the second appeal in this matter. The employee alleged a work-related injury to her right shoulder when she moved a heavy package from a shelf. The employer initially provided medical care but later denied the claim, asserting the employee failed to give timely notice of her alleged injury. At an expedited hearing, the employee sought temporary disability benefits, medical benefits, and attorneys’ fees for the employer’s alleged wrongful denial of the claim. The trial court determined the employee was likely to prevail at trial in showing that she provided timely verbal notice, that she had a reasonable excuse for not providing written notice, and that she suffered an injury arising primarily out of the employment. The court awarded medical benefits but denied temporary disability benefits and delayed ruling on her request for attorneys’ fees until a hearing on the merits and final determination as to the compensability of the claim. In the first appeal, we affirmed the trial court’s interlocutory order. At trial, the court concluded the employee had proven by a preponderance of the evidence that her injury arose primarily out of her employment. The court awarded permanent partial disability benefits, future medical benefits, mileage reimbursement, payment of past medical bills, and a period of temporary total disability benefits. The court also awarded attorneys’ fees for the employee’s attorney’s efforts to enforce the employer’s compliance with the previously appealed court order. It declined, however, to award attorneys’ fees for the employer’s alleged wrongful denial of the claim. The employee has appealed. Upon careful consideration of the record, we affirm the trial court’s decision and certify it as final.

Posted by: Karen Belcher on Aug 9, 2023

Defendant, Darrin Walker, was indicted by a Shelby County Grand Jury for two counts of first degree murder. After a jury trial, Defendant was found guilty as charged and sentenced to concurrent life sentences. Defendant appeals, challenging the sufficiency of the evidence. Because the evidence was sufficient to support the convictions, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Aug 9, 2023

Jeffrey George Tulley, Defendant, pleaded guilty to three counts of sale of 0.5 grams or more of methamphetamine, three counts of delivery of 0.5 grams or more of methamphetamine, and four counts of possession of a firearm during the commission of a dangerous felony. At sentencing, the trial court imposed three concurrent sentences of eleven years on the drug counts and a consecutive four-year sentence for the firearm counts, as a Range I offender, in the Tennessee Department of Correction. On appeal, Defendant argues that the trial court imposed an excessive sentence. Following our review of the entire record and the parties’ briefs, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Aug 9, 2023

The Defendant, Donnie Marquis Tharpe, appeals from the Knox County Criminal Court’s probation revocation of the five-year, split-confinement sentence he received for his guiltypleaded convictions for aggravated assault and evading arrest. On appeal, the Defendant contends that the trial court abused its discretion by denying his request for a continuance and by revoking his probation and ordering him to serve the remainder of his sentence in confinement. We affirm the judgment of the trial court.

Posted by: Karen Belcher on Aug 9, 2023

A Knox County jury convicted the Defendant, Jeremy Jerome Hardison, of first degree premeditated murder. The Defendant appeals, contending that (1) the trial court erred by denying the Defendant’s motion to recuse the trial judge; (2) the trial court erred by denying the Defendant’s motion to suppress evidence obtained from the execution of a search warrant on his residence; (3) the trial court unconstitutionally limited the Defendant’s ability to cross-examine a witness; (4) the trial court erred by admitting expert ballistics testimony at trial; and (5) the evidence was insufficient to prove the Defendant’s identity as the perpetrator. After review, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Aug 9, 2023

This is an appeal from a final judgment entered on April 5, 2023. Because the appellant did not file her notice of appeal with the clerk of the appellate court within thirty days after entry of the final order as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Posted by: Karen Belcher on Aug 9, 2023

This appeal arises from a divorce action filed in 2018. The wife appeals from the trial court’s order finding her guilty of two counts of criminal contempt. Because one count of criminal contempt was alleged as civil contempt, we vacate the trial court’s finding of criminal contempt on that count. We affirm the finding of criminal contempt on the second count. We vacate the punishment of community service and remand for determination of an appropriate punishment pursuant to Tennessee Code Annotated section 29-9-103.


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