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Posted by: Chandra Williams on Jun 24, 2016

Suit to enforce restrictive covenants in a residential subdivision. The homeowners association filed suit alleging that a resident was conducting commercial activity in violation of the restrictive covenants. The trial court granted the association’s motion for summary judgment in part, enjoining the resident from conducting the activity and awarding the association attorneys fees.

Posted by: Chandra Williams on Jun 24, 2016

A jury convicted Michael Smith (?the Defendant?) of aggravated assault, committed by violating a protective order, and evading arrest. The trial court imposed an effective sentence of ten years, eleven months, and twenty-nine days‘ incarceration. The Defendant appealed his convictions and sentences, which the Court of Criminal Appeals affirmed. State v. Smith, No. W2013-01190-CCA-R3-CD, 2014 WL 3954062, at *21 (Tenn. Crim. App. Aug. 13, 2014).

Posted by: Chandra Williams on Jun 23, 2016

The appellant, Jessica Tramel, pled guilty in the Washington County Criminal Court to theft of property valued $60,000 or more and received an eight-year sentence to be served in confinement. The trial court also determined that she owed $193,314.64 restitution. On appeal, the appellant claims that the trial court erred by denying her request for alternative sentencing and by applying only one-half of an insurance company’s payment to the victim to the amount of restitution. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.

Posted by: Chandra Williams on Jun 23, 2016

This is a termination of parental rights case. The Department of Children’s Services filed a petition to terminate the parental rights of B.L.R. (Father) with respect to his child, M.B.R. (the Child). The trial court found clear and convincing evidence of four grounds supporting termination. The court also found, by the same quantum of proof, that termination is in the best interest of the Child. Father appeals. We affirm.

Posted by: Chandra Williams on Jun 23, 2016

This case arises from the dismissal after trial of a petition to terminate the parental rights of a mother and father. The juvenile court concluded that, although the Department of Children’s Services had proven grounds for terminating the parents’ rights, termination was not in the best interest of the children. On appeal, we find the Department of Children’s Services did not prove by clear and convincing evidence statutory grounds for termination of the father’s rights. We further find clear and convincing evidence supports only two statutory grounds for terminating the mother’s rights.

Posted by: Chandra Williams on Jun 22, 2016

The defendant, Anthony John Silva, was arrested on suspicion of driving while intoxicated. He filed a motion to suppress the evidence, which the trial court granted. The State now appeals, arguing that the defendant?s arrest was sufficiently supported by probable cause. Following our review of the briefs, the record, and the applicable law, we reverse the judgment of the trial court granting the defendant?s motion to suppress, and we remand for further proceedings.

Posted by: Chandra Williams on Jun 22, 2016

The Defendant, Jessica Scronce, pleaded guilty to theft of property valued between $10,000 and $60,000. Pursuant to the plea agreement, the trial court sentenced the Defendant to six years as a Range I, standard offender. The sentence was suspended after 120 days to be served on weekends. A violation of probation warrant was subsequently issued, and, after a hearing, the trial court revoked the Defendant?s probation and ordered service of the balance of the sentence in confinement. The Defendant appeals the trial court?s order that she serve her sentence in confinement.

Posted by: Chandra Williams on Jun 22, 2016

Defendant, Thomas Santelli, was convicted of one count of driving under the influence (DUI), one count of DUI second offense, and one count of violating the implied consent law. Defendant received a sentence of eleven months and twenty-nine days suspended to probation with all but 100 days to be served in periodic confinement pursuant to court order.

Posted by: Chandra Williams on Jun 22, 2016

DeMarcus Ant-Juan Nelson (“the Petitioner”) filed a pro se petition for post-conviction relief which included a request for permission to file a delayed application to appeal to the Tennessee Supreme Court pursuant to Tennessee Rule of Appellate Procedure 11 and other post-conviction relief claims. The post-conviction court entered a single order that granted the delayed appeal and dismissed the remaining claims.

Posted by: Chandra Williams on Jun 22, 2016

The Defendant, Quadarius Deshun Martin, was convicted by a Madison County jury of two counts of aggravated assault, a Class C felony. See T.C.A. § 39-13-102. Following a sentencing hearing, the trial court imposed an effective sentence of five years in the Tennessee Department of Correction (TDOC). On appeal, the Defendant argues that the trial court misapplied the statutory enhancement and mitigation factors and improperly denied him an alternative sentence. Upon review, we affirm the judgments of the trial court.


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