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Posted by: Amelia Ferrell Knisely on Mar 16, 2016

This is an appeal under the Administrative Procedures Act. After the Tennessee Department of Health mailed notice to a physician of alleged violations of the Tennessee Medical Practice Act, the physician retired his Tennessee medical license. Unsatisfied, the Department of Health filed a notice of charges. After a hearing at which the physician did not appear, the Tennessee Board of Medical Examiners revoked the physician?s medical license and placed conditions on any future application by the physician for a medical license in Tennessee.

Posted by: Amelia Ferrell Knisely on Mar 16, 2016

Plaintiffs, on behalf of themselves and a deceased family member, sued the City of Fayetteville and others for wrongful death and personal injuries resulting from an automobile accident involving a stolen police car. Plaintiffs alleged a police officer negligently failed to secure a suspect after placing her in the police car. The suspect then stole the police car, drove away at a high rate of speed, and collided with the plaintiffs? vehicle.

Posted by: Amelia Ferrell Knisely on Mar 16, 2016

The mother of two minor children filed a petition on May 5, 2014, in the Chancery Court of Rutherford County seeking an order of protection against the children’s father for her benefit and for the benefit of their two minor children. When the petition was filed, the parties were operating under a parenting plan from Wisconsin state courts, and the Chancery Court of Rutherford County exercised only temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, Tenn. Code Ann. §§ 36-6-201 to -243.

Posted by: Amelia Ferrell Knisely on Mar 16, 2016

The appellant, Adam Moates, was convicted in the Knox County Criminal Court of two counts of attempted first degree premeditated murder, three counts of attempted second degree murder, and five counts of employing a weapon during the commission of a dangerous felony. After a sentencing hearing, the appellant received an effective twenty- six-year sentence. On appeal, he contends that the evidence is insufficient to support his attempted first degree murder convictions because it fails to show premeditation.

Posted by: Amelia Ferrell Knisely on Mar 16, 2016

Following a jury trial, the Defendant, Roy Thomas Rogers, was convicted of initiating the manufacture of methamphetamine, a Class B felony; promoting the manufacture of methamphetamine, a Class D felony; possession of drug paraphernalia, a Class A misdemeanor; and criminal impersonation, a Class B misdemeanor. See Tenn. Code Ann. §§ 39-16-301, -17-425, -17-433, -17-435. The trial court imposed a total effective sentence of twelve years.

Posted by: Amelia Ferrell Knisely on Mar 16, 2016

Following a jury trial, Defendant, LaKeith Moody, was convicted of first degree premeditated murder and first degree felony murder of the victim, with whom Defendant had a long-time romantic relationship. He received a sentence of life imprisonment.

Posted by: Amelia Ferrell Knisely on Mar 16, 2016

This interlocutory appeal involves a home health care nurse who was injured in a motor vehicle accident while traveling home after abandoning efforts to travel to a patient's residence because of inclement weather. The employee sought medical and temporary disability benefits, asserting her injuries arose primarily out of and in the course and scope of her employment.

Posted by: Amelia Ferrell Knisely on Mar 16, 2016

The Legal Aid Society of Middle Tennessee and the Cumberlands launched its 2016 Campaign for Equal Justice at a luncheon today in Nashville. Campaign Chair Trey Harwell of Neal and Harwell PLC announced that the campaign will seek to raise $827,000 to support free legal assistance across the region. The luncheon included a panel with Margaret Behm, principal at Dodson, Parker, Behm & Capparella, Judy Bond-McKissack, executive director of the Tennessee Commission on Continuing Education, Judge Juliet Griffin, retired from the U.S. District Court, Middle District and Chancellor Carol McCoy, 20th Judicial District, Part II. Forty seven law firms are already supporting the campaign.

Posted by: Amelia Ferrell Knisely on Mar 16, 2016

The Tennessee Supreme Court today reinstated convictions for especially aggravated kidnapping charges and affirmed multiple other convictions arising out of a 1999 home invasion in Memphis and offered clarification on requesting lesser-included offenses. Rashe Moore, one of the men charged in the crime, had appealed his 99-year sentence because he said that he received ineffective assistance of counsel due to his trial counsel’s failure to file written requests for lesser-included offense instructions at trial. In a decision authored by Chief Justice Sharon Lee, the court overturned a Court of Criminal Appeals ruling that Moore was due a new trial on the aggravated kidnapping convictions, saying that the counsel’s failure to appropriately request lesser-included offense instructions requires reviewing courts to conduct a thorough examination of the record. In its review, the court determined that there was no reasonable probability that a jury would have convicted Moore of any lesser offense if given the chance. 

Posted by: Amelia Ferrell Knisely on Mar 16, 2016

In this post-conviction case, we clarify the appropriate prejudice analysis for ineffective assistance of counsel claims arising from the failure to properly request jury instructions on lesser-included offenses where, as here, the jury was given no option to convict of any lesser-included offense. The jury convicted the petitioner as charged of one count of aggravated burglary and multiple counts of aggravated rape, especially aggravated kidnapping, and aggravated robbery in connection with a home invasion.


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