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Posted by: Amelia Ferrell Knisely on May 27, 2016

The Defendant, Timothy Clark Naifeh, was convicted by an Obion County jury of six counts of vehicular homicide. Prior to trial, the Defendant filed two motions challenging his competence to stand trial, both of which were denied by the trial court. Following a sentencing hearing, the trial court merged his convictions into three counts of vehicular homicide by intoxication, a Class B felony. See T.C.A. § 39-13-213(a)(1). The sentence was to be served by split confinement, with one year of incarceration and the remainder on probation.

Posted by: Amelia Ferrell Knisely on May 27, 2016

The petitioner, John Smith, appeals the post-conviction court's denial of relief from his convictions for first degree felony murder, second degree murder, aggravated burglary, and employment of a firearm during the commission of a dangerous felony. He argues that the post-conviction court erred in finding that he had received effective assistance of counsel. He further asserts for the first time on appeal that his conviction for employing a firearm during the commission of a dangerous felony should be vacated because the indictment failed to specify the underlying dangerous felony.

Posted by: Amelia Ferrell Knisely on May 27, 2016

The defendant, George Coleman, was convicted of one count of aggravated sexual battery, a Class B felony. The trial court imposed a ten-year sentence as a result of the conviction. On appeal, the defendant argues that the evidence is insufficient to sustain his conviction for aggravated sexual battery, that the trial court erred by allowing the victim's brother to testify about why he followed the victim and the defendant to the bathroom, and that the trial court erred in imposing a ten-year sentence.

Posted by: Amelia Ferrell Knisely on May 27, 2016

This is an action by Father to rescind a quitclaim deed on the ground the deed was procured by Son's fraud or constructive fraud. Father, believing his property might be subject to the claims of creditors, sought advice from Son on how to preserve his real property for the benefit of his two children and grandchildren. Son engaged an attorney to prepare a quitclaim deed reserving a life estate for Father and conveying the remainder interest in the property to Father's two children, Son and Daughter. Father executed the deed without reading it.

Posted by: Amelia Ferrell Knisely on May 27, 2016

Johnathan Lee McDonough (“Father”) appeals the order of the Circuit Court for Montgomery County (“the Trial Court”) denying Father's post-divorce petition to relocate to Arizona with the parties' three minor children (“the Children”), and granting Sloan Marie McDonough (“Mother”) primary residential custody of the Children. Father raises an issue with regard to whether the Trial Court erred in finding that Mother?s counter-petition was filed timely, and because of this alleged error, erred in not allowing Father to relocate with the Children pursuant to Tenn. Code Ann. § 36-6-108.

Posted by: Amelia Ferrell Knisely on May 27, 2016

A dispute arose between the purchaser of real property and a prior owner over certain personalty, including equipment and motor vehicles, left on the real property. After the prior owner removed one item of personalty and dumped tree waste on the real property, the purchaser filed suit against the prior owner seeking, among other things, injunctive relief. Following a hearing, the trial court granted the requested injunctive relief and concluded that the personalty that remained on the real property was owned by the purchaser.

Posted by: Amelia Ferrell Knisely on May 27, 2016

Even the nation’s High Court is not immune to “gender dynamics” when it comes to men cutting off women, Mother Jones reports. Research on the legal blog Empirical SCOTUS revealed male justices are more likely to cut off their colleagues. The data also showed the court's two youngest female justices, Elena Kagan and Sonia Sotomayor, were the most likely to be interrupted. Justice Clarence Thomas never interrupted or got interrupted during this term’s oral arguments. 

Posted by: Amelia Ferrell Knisely on May 27, 2016

In this post-divorce parenting and child support action, the father filed petitions in January 2013 to register and modify the parties' 1997 Georgia divorce decree in the Hamilton County Circuit Court (“trial court”). In the divorce decree, the Georgia court had, inter alia, designated the mother as the primary residential parent of the parties' infant son and directed the father to pay weekly child support. The trial court subsequently entered an agreed order registering the Georgia decree.

Posted by: Amelia Ferrell Knisely on May 27, 2016

The Defendant, Joseph I. Tolbert III,1 was convicted by a Knox County Criminal Court jury of three counts of first degree felony murder, first degree premeditated murder, attempt to commit first degree murder, two counts of especially aggravated robbery, and two counts of especially aggravated burglary. The convictions for felony murder and premeditated first degree murder were merged and the Defendant received an effective sentence of life plus twenty-two years.

Posted by: Amelia Ferrell Knisely on May 27, 2016

In this second interlocutory appeal of this case, the employee alleges suffering an injury to his shoulder after striking his shoulder on a cabinet. The parties dispute whether the employee provided timely notice of the injury and whether surgery recommended by an authorized treating physician is causally related to the work incident. Following an expedited hearing, the trial court found that the employee’s injury was compensable and ordered medical benefits, including the recommended surgery, and temporary disability benefits. The employer has appealed.


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