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Posted by: Amelia Ferrell Knisely on Mar 30, 2016

An Anderson County jury convicted the Defendant-Appellant, David William Lowery, as charged of three counts of aggravated child abuse. See T.C.A. § 39-15-402(a)(1) (Supp. 2007). The trial court imposed concurrent twenty-five-year sentences with a release eligibility of one hundred percent for each count. See id. § 40-35-501(i) (Supp. 2008). Lowery?s sole issue on appeal is that the evidence is insufficient to sustain his convictions.

Posted by: Amelia Ferrell Knisely on Mar 30, 2016

The Tennessee Supreme Court today disbarred Shelby County lawyer Christopher Lee Brown from the practice of law and ordered he make restitution as a condition of reinstatement. The order is effective today. Brown was previously suspended in 2013 and disbarred in 2015. He has not been reinstated from the suspension or disbarment. Read the BPR release.

Posted by: Amelia Ferrell Knisely on Mar 30, 2016

The Senate’s State and Local Government Committee today killed a measure seeking to allow communities to hold elections to reverse annexation by cities. The committee voted to study the measure after the legislation session ends, the Associated Press reports.

Posted by: Amelia Ferrell Knisely on Mar 30, 2016

The employee alleges injuring his left foot and ankle getting out of a vehicle while performing his job duties as an inspector. After the authorized treating physician opined the employee’s injuries were not primarily caused by his work, the employer denied the claim. The employee filed a request for expedited hearing seeking medical and temporary disability benefits and asked that a determination be made based on a review of the file without an evidentiary hearing. The trial court found no additional information was needed to render a decision and denied benefits.

Posted by: Amelia Ferrell Knisely on Mar 30, 2016

This appeal involves a dispute arising from the plaintiff’s attempted exercise of an option to purchase a tract of land. In part, the contract provided that “a fair and equitable price for said property will be established at a later date.” The trial court held that the option was not enforceable because it was too vague with respect to price. The plaintiffs appealed. We affirm.

Posted by: Amelia Ferrell Knisely on Mar 30, 2016

This is an appeal from the trial court's dismissal of a petition for judicial review for lack of subject matter jurisdiction. The petitioner is seeking to recover a motor vehicle he claims to own that was seized due to “illegal alterations to the vehicle's identification numbers.” It is undisputed that the petitioner was never the registered owner of the vehicle, that he was not in possession of the vehicle when it was seized, and that he did not receive notice of the seizure of the vehicle or the issuance of the notice of forfeiture. More than 60 days after the Tennessee Department of Safety and Homeland Security issued the Order of Forfeiture, which constitutes the Department's final order, the petitioner filed his petition for judicial review. His primary contention was that the Department of Safety failed to provide him with proper notice of the issuance of forfeiture warrant. The chancery court rejected this contention, concluding that he was not entitled to notice because he was never the registered owner. The court also found the petition for judicial review was untimely filed because administrative orders become final pursuant to Tenn. Code Ann. § 4-5-322(b)(1)(A) if a petition for judicial review is not filed within 60 days from the entry of the order. Concluding that the 60-day limitation period is jurisdictional, the court dismissed the petition for lack of subject-matter jurisdiction. We affirm.

Posted by: Amelia Ferrell Knisely on Mar 30, 2016

This is a termination of employment case. Appellant Shelby County Board of Education appeals the trial court’s decision to reinstate a tenured teacher whose employment was terminated for inefficiency. The trial court found that there was insufficient evidence to support a finding of inefficiency. Discerning no error, we affirm and remand.

Posted by: Amelia Ferrell Knisely on Mar 30, 2016

The Petitioner, Paul Williams el, filed a Petition for Writ of Habeas Corpus Relief, challenging his conviction for a second or subsequent offense of driving on a cancelled, suspended, or revoked license. The habeas court summarily dismissed the Petition. On appeal, we conclude that the Petition failed to meet the procedural requirements of Tennessee Code Annotated section 29-21-107. Additionally, the Petitioner?s claim is based on a complete misreading of Tennessee Code Annotated section 55-50-504 and is without merit. The judgment of the habeas court is affirmed.

Posted by: Amelia Ferrell Knisely on Mar 30, 2016

The Petitioner, Wesley Dawone Coleman, appeals from the denial of post-conviction relief by the Circuit Court for Obion County. He was convicted of aggravated burglary, theft over $500, and evading arrest, and received an effective sentence of ten years in the Tennessee Department of Correction. On appeal, the Petitioner argues that he received ineffective assistance of counsel and that the cumulative effect of counsel’s errors denied his constitutional right to a fair trial. Upon our review, we affirm the judgment of the post-conviction court.

Posted by: Amelia Ferrell Knisely on Mar 30, 2016

Victor Clark (“the Petitioner”) was indicted for two counts of attempted second-degree murder, two counts of aggravated assault, one count of reckless endangerment, and one count of employing a firearm during the commission of a dangerous offense. After a jury trial, the Petitioner was acquitted of both counts of attempted second-degree murder but convicted of all other charges. In this post-conviction proceeding, the Petitioner contends that he received ineffective assistance of counsel. The post-conviction court denied relief.


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