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Posted by: Amelia Ferrell Knisely on Jan 29, 2016

The Tennessee Supreme today held that a parent's constitutional right to fundamental fairness in termination proceedings does not require adoption of a separate procedure that allows parents to further appeal termination orders based on ineffective representation by appointed counsel. The Court argued that adding a separate procedure could result in years of litigation that “could cause immeasurable damage to children.” The Court imposed an additional safeguard that says in an appeal from an order terminating parental rights, the Court of Appeals must consider whether the evidence supports the trial court’s findings as to all the grounds for termination alleged and as to the best interests of the child, even if the parent fails to challenge these findings on appeal. Read the majority opinion in In Re Carrington H., authored by Justice Cornelia A. Clark, and the separate concurring and dissenting opinion, authored by Chief Justice Lee.

Posted by: Amelia Ferrell Knisely on Jan 29, 2016

We granted review in this case to decide (1) whether an indigent parent‘s right to appointed counsel in a parental termination proceeding includes the right to challenge an order terminating parental rights based on ineffective assistance of trial and appellate counsel; and (2) whether the Court of Appeals must review any ground the trial court relied on to terminate parental rights when a parent fails to raise all grounds for termination on appeal. We hold that parents are constitutionally entitled to fundamentally fair procedures in parental termination proceedings.

Posted by: Amelia Ferrell Knisely on Jan 29, 2016

The Tennessee Supreme Court’s Board of Professional Responsibility is seeking the censure of Shelby County District Attorney Amy Weirich and prosecutor Stephen Jones following a complaint of ethical misconduct filed against both attorneys. Weirich said the complaint was initiated by a friend of convicted murderer Noura Jackson, WREG reports. The state Supreme Court ordered a new trial after the Court found Weirich failed to turn over a key witness’s statement to the defense. “A difference of judicial opinions is not uncommon with legal issues,” Weirich said. “Nothing done by myself or by my co-counsel in this trial should warrant disciplinary action.”

Posted by: Amelia Ferrell Knisely on Jan 29, 2016

The defendant, Chalmers G. Brown, appeals the trial court’s order granting his motion to correct an illegal sentence and entering corrected judgments, arguing that his convictions should have been vacated not merely corrected. After review, we reverse the trial court’s correction of the judgments against the defendant and reinstate the original judgments.

Posted by: Amelia Ferrell Knisely on Jan 29, 2016

Petitioner, Chauquinn Bernard, pleaded guilty to felony possession of marijuana pursuant to Tennessee Code Annotated section 39-17-418(e) and received the agreed-upon sentence of four years in the Tennessee Department of Correction, to be served concurrently with a ten-year sentence for aggravated burglary that he was already serving. He filed a petition for post-conviction relief alleging ineffective assistance of counsel and involuntariness of his guilty plea. Following an evidentiary hearing, the post-conviction court denied relief.

Posted by: Amelia Ferrell Knisely on Jan 29, 2016

The Petitioner, Brian Roberson, appeals the Williamson County Circuit Court?s denial of his petition for writ of habeas corpus. The Petitioner previously entered guilty pleas to two counts of sale of cocaine (counts 1 and 3) and possession of cocaine (count 5). On appeal, he argues that he is entitled to withdraw his guilty pleas because the illegal sentences in counts 1 and 3 were a material, bargained-for element of his plea agreement. Upon review, we affirm the judgment of the habeas corpus court.

Posted by: Amelia Ferrell Knisely on Jan 29, 2016

In September 24, 2014, the Marshall County Grand Jury indicted the Defendant, Johnthan Tyler Ryan Tyree,1 for two counts of aggravated assault involving the use of a deadly weapon. The Defendant entered a best interest guilty plea to the charged offenses with sentencing reserved. Following a sentencing hearing, the trial court sentenced the Defendant as a Range I standard offender to four years and nine months in the Department of Correction for each count. The trial court merged Count 2 into Count 1, finding the two offenses arose from a single incident.

Posted by: Amelia Ferrell Knisely on Jan 29, 2016

The Newport Plain Talk reports the trial of an 11-year-old boy in White Pine accused of fatally shooting an 8-year-old girl is underway in Jefferson County Juvenile Court. The boy was charged with first-degree murder on a juvenile petition.

Posted by: Amelia Ferrell Knisely on Jan 29, 2016

Prosecutors say Metro Councilman Loniel Greene lied in court after bailing Tavares Buchanan out of jail. Buchanan was charged with kidnapping and assault. The allegations come three months after Greene was shot and wounded at a Nashville gas station. The Tennessean reports that Assistant District Attorneys Jeff George and Danielle Nellis said in a motion that the money Greene used was not his own and judge cannot be sure the money did not come from criminal acts. Prosecutors also say Greene participated in a scheme to keep Buchanan’s domestic violence victim out of the courtroom. 

Posted by: Amelia Ferrell Knisely on Jan 29, 2016

Gov. Bill Haslam plans to pay back $260 million the state borrowed from its highway fund during the recession and present plans for spending a half-billion dollar revenue surplus during his State of the State Address on Monday, the Knoxville News Sentinel reports. "Our object in this budget will be to spend those dollars on places where the state has either underinvested in the past — and I would say education is at the top of that list,” Haslam said. 


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