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Posted by: Chandra Williams on Jul 12, 2016

Pro se petitioner, Eric Parker, appeals the Sullivan County Criminal Court’s summary dismissal of his petition for post-conviction relief. On appeal, he argues that his petition contains sufficient factual support to establish colorable claims for relief and that the post-conviction court erred by dismissing his petition without a hearing.

Posted by: Chandra Williams on Jul 12, 2016

The parents of the defendant, Lindsey Brooke Lowe, discovered the body of one of her newborn twins in a laundry basket in her bedroom. A second deceased newborn was also found in the basket, and the defendant gave an incriminating statement to police. A jury convicted the defendant of two counts of first degree (felony) murder, two counts of first degree (premeditated) murder, and two counts of aggravated child abuse, a Class A felony. The trial court merged the first degree murder convictions for each victim.

Posted by: Chandra Williams on Jul 12, 2016

The Petitioner, Russell Freels, appeals the Washington County Criminal Court’s summary dismissal of his petition for post-conviction relief. The Petitioner contends that the post-conviction court erred in dismissing his ineffective assistance of trial counsel claim as having been untimely filed. He argues for the first time on appeal that he is constitutionally entitled to effective assistance of post-conviction counsel in his first petition for relief and that due process requires tolling of the statute of limitations.

Posted by: Chandra Williams on Jul 12, 2016

This case involves an internecine conflict among siblings who were shareholders in a closely-held family corporation. The dispute resulted in dissolution of the original family corporation, the formation of two new competing corporations, and a long-running lawsuit in which one group of shareholder siblings asserted claims against the other group of shareholder siblings. After a trial, the trial court awarded damages to the plaintiff shareholder siblings.

Posted by: Chandra Williams on Jul 11, 2016

Defendant, Joseph Anthony Szostak, III, appeals from the trial court’s revocation of probation. Defendant asserts on appeal that the trial court abused its discretion in revoking his probation by not articulating a “willful” failure to pay costs, by failing to consider Defendant’s reason for not paying, and by considering prior violations not applicable to the current proceeding. Defendant also contends that the trial court abused its discretion in sentencing Defendant by not considering principles of sentencing and by denying Defendant’s request for an alternative sentence.

Posted by: Chandra Williams on Jul 11, 2016

The Appellant, Donald Ray Sachs, appeals the trial court’s denial of his motion for a reduction of sentence. Because the Appellant’s motion was not timely filed, the judgment of the trial court is affirmed.

Posted by: Chandra Williams on Jul 11, 2016

The Appellant, Earl Junior Pike, is appealing the trial court’s order denying his motion to correct an illegal sentence filed pursuant to Rule of Criminal Procedure Rule 36.1 The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted.

Posted by: Chandra Williams on Jul 11, 2016

In this property dispute involving two sisters, the plaintiff instituted the action, seeking to set aside a recorded deed on the basis that the instrument contained a forged signature. The defendant’s counsel, who filed an answer to the complaint, was attorney of record at the time of the trial. On the date of trial, the defendant’s counsel did not appear in court because he had been recently suspended from the practice of law, a fact unknown to the defendant until she appeared for trial. When the trial court elected to proceed with the hearing, the defendant represented herself.

Posted by: Chandra Williams on Jul 11, 2016

In this appeal of the trial court's compensation hearing order, the employee challenges the trial court's denial of an increase in the employee's permanent partial disability benefits following a court-approved settlement agreement. At all relevant times, the employee continued to work for the employer. At the time of her injury, the employee's hourly wage included a summer hours' bonus. However, when the period of compensation set out in the settlement agreement ended in October 2015, the employee's hourly rate of pay no longer included the bonus.

Posted by: Chandra Williams on Jul 11, 2016

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