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Posted by: Chandra Williams on Aug 4, 2015

Petitioner, Dewayne Leggs, is appealing the order of the trial court denying his petition seeking habeas corpus relief. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. The motion is hereby granted.

Posted by: Chandra Williams on Aug 4, 2015

Defendant, Glen B. Howard, was indicted by the Hamilton County Grand Jury with five counts of rape of a child and one count of aggravated sexual battery. After a jury trial, Defendant was found guilty of four counts of rape of a child and one count of aggravated sexual battery as charged and one count of aggravated sexual battery as a lesser included offense of rape of a child. He was sentenced to an effective sentence of fifty years in incarceration. After a thorough review of the record, and in light of State v. John J. Ortega, Jr., No. M2014-01042-CCA-R3-CD, 2015 WL 1870095 (Tenn. Crim.

Posted by: Chandra Williams on Aug 4, 2015

In this case a same-sex couple lawfully married in Iowa sought to obtain a divorce in Tennessee and raised a constitutional challenge to Tenn. Const. art. XI, § 18 and Tenn. Code Ann. § 36-3-113 (collectively “the Anti-Recognition Laws”). Tennessee’s Attorney General was granted leave to intervene in the suit. After a hearing the Circuit Court for Roane County (“the Trial Court”) held, inter alia, that the Anti-Recognition Laws did not violate the United States Constitution. Frederick Michael Borman appealed to this Court.

Posted by: Chandra Williams on Jul 31, 2015

The dispositive issue in this appeal is whether an inaccuracy in the prosecution?s election of offenses amounted to plain error that entitles the defendant to relief. Although the Court of Criminal Appeals erred by failing to subject the election issue to plain error analysis, we hold, after thoroughly reviewing the record pursuant to the plain error doctrine, that the election error does not entitle the defendant to relief. Despite the inaccuracy, the election was sufficiently specific to eliminate any substantial risk that the jury would return a non-unanimous verdict.

Posted by: Chandra Williams on Jul 31, 2015

The dispositive issue in this appeal is whether an inaccuracy in the prosecution?s election of offenses amounted to plain error that entitles the defendant to relief. Although the Court of Criminal Appeals erred by failing to subject the election issue to plain error analysis, we hold, after thoroughly reviewing the record pursuant to the plain error doctrine, that the election error does not entitle the defendant to relief. Despite the inaccuracy, the election was sufficiently specific to eliminate any substantial risk that the jury would return a non-unanimous verdict.

Posted by: Chandra Williams on Jul 31, 2015

Mother, the primary residential parent, filed a petition seeking permission to relocate to Texas with the parties’ minor son. Father opposed Mother’s petition and filed a separate petition to be designated the primary residential parent. One week before trial, Mother notified the court that her petition to relocate was moot because she no longer needed to relocate; the trial proceeded on Father’s petition. Following trial, the court did not name Father the primary residential parent but increased Father’s residential parenting time.

Posted by: Chandra Williams on Jul 31, 2015

Christina L. (?Mother?) and Ian C. (?Father?) appeal the termination of their parental rights to the minor child Serenity L. (?the Child?). We find and hold that the Juvenile Court for Washington County (?the Juvenile Court?) did not err in finding that clear and convincing evidence existed of grounds to terminate Mother‘s parental rights pursuant to Tenn. Code Ann. § 36-1-113(g)(1) and § 36-1-102(1)(A)(i) for abandonment by willful failure to visit and by willful failure to support and § 36-1-113(1)(A)(iv) for wanton disregard; and to terminate Father‘s parental rights pursuant to Tenn.

Posted by: Chandra Williams on Jul 31, 2015

Robert T. Stooksbury, Jr. (the creditor) obtained a judgment in federal district court against, among others, Rebecca Ross Jordan, the daughter of Patricia Ross, the plaintiff in the case now before us. The creditor then attempted, in federal court, to garnish the funds in three bank accounts1 jointly held by Jordan and plaintiff. Plaintiff argued to the federal court that the funds should not be subject to garnishment because, according to her, they were solely owned by plaintiff. The federal district court, applying Tenn. Code Ann.

Posted by: Chandra Williams on Jul 31, 2015

In this conservatorship case, East Tennessee Human Resources Agency was appointed as the financial conservator for the ward. The first annual accounting was approved by all parties. The trial court approved the second annual accounting and the subsequent final accounting following the ward?s death. The ward?s daughter objected and filed numerous other motions challenging the handling of the ward?s finances. The trial court denied each motion and closed the conservatorship. The daughter appeals. We affirm.

Posted by: Chandra Williams on Jul 31, 2015

This post-divorce appeal concerns the mother?s notice of intent to relocate with the parties? minor child. The father responded by filing a petition in opposition to the requested relocation. Following a hearing, the trial court granted the father?s petition. The mother appeals. We reverse the order of the trial court and remand for further proceedings regarding the best interest of the minor child.


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