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Posted by: Amelia Ferrell Knisely on May 31, 2016

The Defendant, Markhayle Jackson, entered a guilty plea in 2011 to first degree premeditated murder and was sentenced to life without the possibility of parole pursuant to a negotiated plea agreement. In 2015, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting the correction of an illegal sentence. The trial court summarily dismissed the motion for failure to state a colorable claim. On appeal, the Defendant contends that the trial court erred by dismissing the motion. We affirm the judgment of the trial court.

Posted by: Amelia Ferrell Knisely on May 31, 2016

Deanna R.H.B. (“Mother”) appeals the order of the Chancery Court for Lincoln County (“the Trial Court”) finding and holding that it had been proven by clear and convincing evidence that grounds existed to terminate Mother's parental rights to the minor child Maison W. (“the Child”) for persistent conditions pursuant to Tenn. Code Ann. § 36-1- 113(g)(3), and for severe abuse pursuant to Tenn. Code Ann. § 36-1-113(g)(4), and that it was in the Child's best interest for Mother's parental rights to be terminated.

Posted by: Amelia Ferrell Knisely on May 31, 2016

In suit arising out of a motor vehicle accident, Defendants appeal the jury’s finding that Defendant driver was 60 percent liable for the accident, the award of damages for lost past and future income, and the failure of the trial court to hold a hearing on alleged juror misconduct. Finding that the jury’s apportionment of liability and award of damages are supported by material evidence and that there is no factual basis for a hearing on jury misconduct, we affirm the judgment.

Posted by: Amelia Ferrell Knisely on May 31, 2016
Posted by: Amelia Ferrell Knisely on May 31, 2016

Appellant appeals the trial court‘s grant of summary judgment dismissing his claims against a limited liability corporation surrounding the sale of the corporation and the distribution of the proceeds to one member. Although we reverse the trial court‘s ruling with regard to the application of Tennessee Code Annotated Section 48-237-101(d), we otherwise affirm the trial court‘s ruling granting summary judgment to the corporation on all claims asserted by Appellant.

Posted by: Amelia Ferrell Knisely on May 31, 2016

The Defendant, Bobby Lee Miles, Jr., pleaded guilty in 1999 to aggravated burglary and received a three-year sentence. On October 21, 2015, the Defendant filed a Rule 36.1 motion to correct an illegal sentence, alleging that the pretrial credit on the judgment form is incorrect. The trial court summarily dismissed the motion, and the Defendant appeals the dismissal, maintaining that his sentence is illegal. After a thorough review of the record, we conclude that the trial court properly dismissed the Defendant’s motion to correct his sentence.

Posted by: Amelia Ferrell Knisely on May 31, 2016

A jury in the Maury County Circuit Court convicted the Appellant, Denny K. Reynolds, of simple possession of cocaine. The trial court sentenced the Appellant to eleven months and twenty-nine days in the Maury County Jail. On appeal, the Appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we affirm the judgment of the trial court.

Posted by: Amelia Ferrell Knisely on May 31, 2016

The defendant pled guilty on March 21, 2013, to one count of the theft of $1,000 or more, a Class D felony, and one count of the theft of $60,000 or more, a Class B felony. The defendant was given an effective ten-year sentence, all of which was to be served on probation. As part of his probation, the defendant was required to complete two hundred hours of community service work and was forbidden to sell securities or to work in the financial services or insurance business.

Posted by: Amelia Ferrell Knisely on May 31, 2016

Mother appeals the termination of her parental rights as to her three biological children. The trial court terminated Mother’s parental rights on the grounds of abandonment by an incarcerated parent and persistent conditions. The trial court also found that termination of Mother’s parental rights was in the children’s best interest. We have reviewed the trial court’s findings as to the grounds for termination and the best interests of the children, and we conclude that they are supported by clear and convincing evidence and therefore affirm the judgment of the trial court.

Posted by: Amelia Ferrell Knisely on May 31, 2016

Politico reports that a ruling issued today by the U.S. Supreme Court will permit more businesses to challenge the Clean Water Act. The court unanimously ruled in U.S. Army Corps of Engineers v. Hawkes Co. Inc. that Army Corps of Engineers wetland determinations are reviewable by courts.


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