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Posted by: Amelia Ferrell Knisely on May 16, 2016

This is a breach of contract action involving a residential kitchen remodeling project. The plaintiff homeowner filed a complaint against the defendant contractor and his construction company, alleging that the contractor had breached the parties' contract by failing to complete the project and walking off the job. The contractor filed a counter-complaint, alleging, inter alia, that the homeowner owed the construction company funds for work completed and reimbursement of material costs.

Posted by: Amelia Ferrell Knisely on May 16, 2016

The trial court found by clear and convincing evidence that Father had committed severe child abuse by knowingly exposing his three minor children to methamphetamine. Father appealed the trial court's decision to admit positive drug tests for the children into evidence and the trial court's finding of severe child abuse. We affirm.

Posted by: Amelia Ferrell Knisely on May 16, 2016

This appeal arises from a termination of parental rights. The Tennessee Department of Children‘s Services (?DCS?) filed a petition in the Juvenile Court for Knox County (?the Juvenile Court?) seeking to terminate the parental rights of Remus W. (?Father?) to his five children (?the Children?). After a trial, the Juvenile Court found that the grounds of wanton disregard, persistent conditions, and severe child abuse had been proven against Father by clear and convincing evidence, and that termination of Father‘s parental rights was in the Children‘s best interest. Father appeals.

Posted by: Amelia Ferrell Knisely on May 16, 2016

This is a divorce case. Prior to the parties? marriage, Husband started a used car dealership with his father. Husband continued to operate the business after he and his wife were married. Husband bought his father?s interest in the company after the marriage and became the sole owner. After the parties separated, the business?s value continued to increase. Husband filed for divorce, citing irreconcilable differences. The trial court granted the divorce, and the parties agreed that the business was marital property at the time of the marriage.

Posted by: Amelia Ferrell Knisely on May 16, 2016

This is a negligence case. Appellee, an elevator maintenance company, contracted with building owner to provide maintenance service for the building?s elevators. Plaintiff was injured when one of the elevators allegedly did not level properly, causing her to fall as she was exiting the elevator. Plaintiff and her husband brought suit against the building's owner, the building's management company, and Appellee. Appellee filed a motion for summary judgment, which the trial court granted. Appellants appeal.

Posted by: Amelia Ferrell Knisely on May 16, 2016

The Defendant, Paul Brent Baxter, appeals as of right from his jury convictions for aggravated assault and aggravated kidnapping. Following a sentencing hearing, the trial court imposed consecutive terms of fifteen years and twenty years, respectively. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that his effective thirty-five-year sentence is excessive. After a review of the record, we affirm the judgments of the trial court.

Posted by: Amelia Ferrell Knisely on May 16, 2016

The Petitioner, Jennifer Hannah, appeals as of right from the post-conviction court’s denial of her petition for post-conviction relief, wherein she challenged her convictions for four counts of child neglect, one count of first degree felony murder during the perpetration of aggravated child neglect, and two counts of delivering a controlled substance to a minor. On appeal, the Petitioner contends that she received ineffective assistance of counsel based on trial counsel’s failure to call a “material” witness for the defense.

Posted by: Amelia Ferrell Knisely on May 16, 2016
Posted by: Amelia Ferrell Knisely on May 16, 2016

Senior U.S. District Judge Leon Jordan today ruled that the Facebook messages and memes an East Tennessee man used to threaten a witness were an obstruction of social justice. The judge sentenced Daniel Ray Sands to 37 months in federal prison after Sands used social media to threaten a witness against his drug-trafficking father. Read more from the Knoxville News Sentinel

Posted by: Amelia Ferrell Knisely on May 16, 2016

The Commercial Appeal reports Methodist University Hospital reached a settlement following allegations that the Memphis facility violated the Americans with Disabilities Act. The announcement follows an investigation revealing that a hearing-impaired woman spent nine hours in the hospital’s emergency room without an interpreter. As part of the settlement, Methodist agreed to improve its communication procedures for people who are deaf or having hearing disabilities, and the hospital will pay $8,000 in damages to the person who filed the complaint. 


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