Articles

All Content


2,667 Posts found
Previous • Page 165 of 267 • Next
Posted by: Amelia Ferrell Knisely on Jan 12, 2016

The petitioner, Kenneth Lee Anderson, appeals the post-conviction court’s denial of his petition for post-conviction relief, arguing that he was denied the right to appellate counsel on direct appeal. After review, we affirm the judgment of the post-conviction court denying the petition for post-conviction relief.

Posted by: Amelia Ferrell Knisely on Jan 12, 2016

Tennessee lawmakers returned today to the state Capitol for the second half of the 109th legislative session. The TBA keeps you up-to-date on legislation important to the practice of law through TBA Today, government affairs updates online and on Twitter. And look for Action Alerts posted to TBA Impact.

 

Posted by: Amelia Ferrell Knisely on Jan 12, 2016

The U.S. Supreme Court today declared Florida’s death penalty law unconstitutional because it requires the trial judge, not the jury, to decide whether convicted criminals deserve the death penalty. "The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death. A jury's mere recommendation is not enough," wrote Sonia Sotomayor. The 8-1 majority ruling sends the case of a man convicted of fatally stabbing his co-worker back to the lower courts. NBC News reports it is unclear how many other cases the ruling will affect.

Posted by: Amelia Ferrell Knisely on Jan 12, 2016

At issue in this appeal is whether the attorney-in-fact for Nathleene Skinner, the decedent, had the authority to incur post-mortem legal fees to defend an action by the decedent’s step-children to recover the cremated remains of their father, Roy Skinner. After Mr. Skinner died, his body was cremated, and Mrs. Skinner retained possession of his remains until her death. When Mrs. Skinner died, her body was also cremated, and her attorney-in-fact took possession of both her remains and her husband’s remains. While Mrs.

Posted by: Amelia Ferrell Knisely on Jan 12, 2016

A Davidson County jury convicted the Defendant, Darrell Ray Beene, of aggravated robbery, and the trial court sentenced him to twenty years in the Tennessee Department of Correction. The trial court ordered that the Defendant?s sentence be served consecutively to the Defendant?s forty-two year sentence in another case. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction and that his sentence is excessive. After a thorough review of the record and applicable authorities, we affirm the Defendant?s conviction and sentence.

Posted by: Amelia Ferrell Knisely on Jan 12, 2016

A Warren County jury found the Defendant, Toby Lynn Young, guilty of theft over $10,000, evading arrest, and driving on a suspended license, second offense. The trial court sentenced the Defendant to a total effective sentence of twelve years? incarceration. On appeal, the Defendant challenges the trial court?s failure to properly instruct the jury on identity pursuant to State v. Dyle, 899 S.W.2d 607 (Tenn. 1995). Upon review, we affirm the judgments of the trial court.

Posted by: Amelia Ferrell Knisely on Jan 12, 2016

The Petitioner, Ralph T. O?Neal, appeals as of right from the Davidson County Criminal Court?s summary dismissal of his petition for writ of habeas corpus. He claims entitlement to habeas corpus relief, alleging that the trial court did not have the jurisdiction or authority to sentence him for Class B felony cocaine possession because he was indicted only for Class C possession, and the record was devoid of any evidence that he consented to an amendment or waived his right to indictment at the guilty plea proceedings.

Posted by: Amelia Ferrell Knisely on Jan 12, 2016

The Petitioner, Freeman Ray Harrison, Jr., appeals as of right from the Rutherford County Circuit Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for two counts of aggravated sexual battery and one count of reckless endangerment. On appeal, the Petitioner asserts that he received ineffective assistance of trial counsel based on counsel’s failure to (1) discuss the bill of particulars with him; (2) discuss the possibility of filing a motion to sever the offenses; and (3) retain medical experts.

Posted by: Amelia Ferrell Knisely on Jan 12, 2016

The petitioner, Ellis Hardin, appeals the denial of post-conviction relief from his 2014 Rutherford County Circuit Court guilty-pleaded convictions of aggravated sexual battery and attempted aggravated sexual battery, for which he received an effective sentence of 15 years. In this appeal, the petitioner contends that his guilty pleas were not knowingly and voluntarily entered and that he was denied the effective assistance of counsel. Discerning no error, we affirm.

Posted by: Amelia Ferrell Knisely on Jan 12, 2016

The Lead Law CLE online series is designed to equip lawyers with new perspectives and practical tools in the area of lawyer leadership. Topics include leading yourself, leading clients, firm leadership and community leadership. Each course in the four-part series is approved for dual CLE credit.


Previous • Page 165 of 267 • Next