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Posted by: Amelia Ferrell Knisely on Feb 12, 2016

Defendant, Anthony R. Smith, Jr., filed a motion to dismiss his indictment for possession of a firearm after having been convicted of a felony drug offense, which was granted by the trial court. The State appealed the dismissal. Upon our review of this matter of first impression, we determine that the definition of “felony” provided in Tennessee Code Annotated section 39-11-110 controls the determination of whether an out-of-state conviction constitutes a “felony drug offense.” We reverse the decision of the trial court, reinstate the indictment, and remand for further proceedings.

Posted by: Amelia Ferrell Knisely on Feb 12, 2016

The Defendant-Appellant, Tammy Marie Harbison, entered an open guilty plea to one count of theft of property valued at more than $1,000 but less than $10,000 in the Lawrence County Circuit Court. As a Range I, standard offender, she received a three- year sentence, which was suspended following service of six months in incarceration. On appeal, the Defendant-Appellant contends that the trial court abused its discretion in denying her request for full probation.

Posted by: Amelia Ferrell Knisely on Feb 12, 2016

The petitioner, Tourie Bryant, appeals the denial of his petition for post-conviction relief. He pled guilty to one count of possession of a Schedule II controlled substance, a Class C felony, and received a six-year sentence in the Department of Correction. On appeal, he contends that his guilty plea was not entered knowingly and voluntarily because he was denied the effective assistance of counsel.

Posted by: Amelia Ferrell Knisely on Feb 12, 2016

The Petitioner, Randy Bea Anderson, appeals from the denial of post-conviction relief arising from his guilty plea to one count of aggravated burglary, one count of theft of property valued between $1,000 and $10,000, and one misdemeanor count of theft of property valued at $500 or less. On appeal, he contends he received ineffective assistance of counsel in connection with his guilty pleas. Upon review, we affirm the judgment of the post-conviction court.

Posted by: Amelia Ferrell Knisely on Feb 12, 2016

LaShonda Moneak Williamson, the Appellant, appeals the summary denial of her Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence that she claims was imposed as the result of a coerced guilty plea. Because the Appellant?s motion failed to state a colorable claim, we affirm the trial court?s summary denial of the motion pursuant to Rule 20, Rules of the Court of Criminal Appeals.

Posted by: Amelia Ferrell Knisely on Feb 12, 2016

William Lance Walker (“the Petitioner”) filed a Petition for Post-Conviction Relief alleging ineffective assistance of counsel. The Petition was denied after a hearing. On appeal, the Petitioner asserts for the first time that trial counsel was ineffective for failing to call for the sequestration of witnesses during the Petitioner’s suppression hearing. We conclude that the Petitioner has waived this claim by failing to include it in the Petition and by failing to present any proof about this claim at the post-conviction hearing.

Posted by: Amelia Ferrell Knisely on Feb 12, 2016

Jeffrey Owen Smithson (“the Defendant”) appeals from his convictions for first degree felony murder, theft over $1,000, first degree premeditated murder, and especially aggravated robbery. The Defendant contends that (1) the evidence is insufficient to support his convictions; (2) the trial court erred in denying his motion for mistrial based upon a witness?s testimony that the Defendant had been recently released from prison; and (3) the trial court erred in denying the Defendant?s motion to suppress his statement to police as not voluntarily given.

Posted by: Amelia Ferrell Knisely on Feb 12, 2016

James Jordan Leggett appeals claiming that the trial court abused its discretion when it revoked his probation. Discerning no error, we affirm the judgment of the trial court.

Posted by: Amelia Ferrell Knisely on Feb 12, 2016

Terry Eugene Fisher, Jr. (“the Defendant”) pleaded guilty to robbery and was sentenced to nine years’ probation. Thereafter, the Defendant’s probation was revoked based on the accrual of new charges, including a charge for a homicide that occurred prior to the Defendant’s being placed on probation. On appeal, the Defendant contends that the trial court erred when it revoked probation based on criminal conduct that occurred prior to the Defendant’s being placed on probation. Discerning no error, we affirm the judgment of the trial court.

Posted by: Amelia Ferrell Knisely on Feb 12, 2016

Chancery Court Chancellor Ellen Lyle ruled in favor of Metro Nashville Public Schools schools today and dismissed a lawsuit that alleged the schools sought to inflate test scores by enrolling students in credit recovery programs. The lawsuit, filed in December, said a former student was removed from class to take a predictive test and then made to take remedial classes, which caused the student to fall behind. The school district argued that the student had “no constitutional right” to be moved onto the next grade. Read more from The Tennessean.


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