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Posted by: Amelia Ferrell Knisely on Apr 28, 2016

The issue on this appeal is the enforceability of an arbitration agreement. Tim and Pamela Adams (Plaintiffs) bought a mobile home from CMH Homes, Inc. (Defendant). As part of the transaction, Plaintiffs signed an arbitration agreement after they were told by Defendant’s sales manager that they “had to sign the papers in order to get the home moving.” This statement was false, although the manager testified that he was unaware of its falsity at that time. Plaintiffs alleged fraudulent inducement with respect to the arbitration agreement.

Posted by: Amelia Ferrell Knisely on Apr 28, 2016

This is a grandparent visitation case. Sven Hadjopoulos (“Grandfather”) and Mary Lou Hadjopoulos (“Grandmother”) (“Grandparents,” collectively) filed a petition seeking visitation with their minor granddaughter (“the Child”). Alexandra Sponcia (“Mother”) and Christopher Sponcia (“Father”) (“Parents,” collectively) opposed the petition and the requested visitation.1 After a trial, the Chancery Court for Greene County (“the Trial Court”) found that substantial harm likely would come to the Child should visitation with Grandparents cease.

Posted by: Amelia Ferrell Knisely on Apr 28, 2016

WATE reports the trial date for Allison Burchett, the ex-wife of Knox County Mayor Tim Burchett, is set for Jan. 17. Allison Burchett is accused of stalking and cyber attacks against her boyfriend’s estranged wife.

Posted by: Amelia Ferrell Knisely on Apr 28, 2016

The Spring 2016 issue of Transactions, The Tennessee Journal of Business Law is available online. The journal is published by the University of Tennessee College of Law. Articles include “Braving the Waters: A Guide for Tennessee’s Aspiring Entrepreneurs (5th Edition),” and “Student Note: The Changing Chapter 13 Procedural Landscape After Espinosa and Consequences.” 

Posted by: Amelia Ferrell Knisely on Apr 28, 2016

Students of the University of Tennessee College of Law’s Appellate Litigation Clinic recently argued two cases before the United States Court of Appeals for the Sixth Circuit in Cincinnati. Under the guidance of professor Lucy Jewel and and adjunct professor Wade Davies, the students worked over the last year to prepare. Third-year law student Trey Neal argued an immigration appeal on behalf of a young Honduran man seeking asylum from deadly gang violence in the country. “The judges were very engaged and knowledgeable about the case, so it really just became a conversation,” Neal said.

Posted by: Amelia Ferrell Knisely on Apr 27, 2016

This is an interlocutory appeal as of right, pursuant to Rule 10B of the Rules of the Supreme Court of Tennessee, from the denial of a motion for recusal filed by Richard Darrell Trigg (AFormer Husband@) in the parties= post-dissolution proceedings. Having reviewed the petition for recusal appeal filed by Former Husband, and finding no error in Trial Court=s ruling, we affirm.

Posted by: Amelia Ferrell Knisely on Apr 27, 2016

The Petitioner, Dalton B. Lister, appeals the Bradley County Criminal Court?s denial of his petition for post-conviction relief from his convictions for first degree felony murder, attempt to commit aggravated robbery, and conspiracy to commit aggravated robbery and his effective life sentence. The Petitioner contends that the State destroyed evidence, withheld exculpatory evidence, and concealed the existence of an agreement with a codefendant, and that the cumulative effect of the misconduct deprived him of his constitutional right to a fair trial.

Posted by: Amelia Ferrell Knisely on Apr 27, 2016

The petitioner, Saidrick T. Pewitte, appeals the denial of his petition for post-conviction relief, arguing that he received the ineffective assistance of counsel. After review, we affirm the judgment of the post-conviction court.

Posted by: Amelia Ferrell Knisely on Apr 27, 2016

The Appellant, Michael Bonsky, was convicted by a jury in the Shelby County Criminal Court of second degree murder, attempted second degree murder, and especially aggravated robbery. The trial court imposed a total effective sentence of sixty years in the Tennessee Department of Correction.

Posted by: Amelia Ferrell Knisely on Apr 27, 2016

The jury that will hear the retrial of former Vanderbilt University football player Brandon Vandenburg will be chosen in Memphis, The Tennessean reports. Vandenburg's retrial is scheduled for June 13 in Nashville. Vandenburg and Cory Batey were found guilty of aggravated rape and other charges after a 2015 trial, but a mistrial was declared due to juror misconduct. Their retrials were split due to a medical condition of one of Vandenburg’s attorneys, which resulted in a delay. Jury selection is expected to happen the week before the trial.


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