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Posted by: Chandra Williams on Apr 22, 2016

This case originated with the filing of a declaratory judgment action by the plaintiffs, Paul B. Schodowski, D.P.M., and Sharon Ann Ziegler (“Plaintiffs”), against the Tellico Village Property Owners? Association and its individual board members, Alan Hart, Ginny Ranck, Tom Lee, Claire Frazer, Joe Marlette, Cap Purvis, and Bob Coates (collectively, “TVPOA”). Plaintiffs alleged that the restrictive covenant regarding payment of annual assessments applicable to their lot in the Tellico Village development should not be enforced.

Posted by: Chandra Williams on Apr 21, 2016

This appeal arises from the denial of parole. The Tennessee Board of Probation and Parole found that the inmate?s release from custody would depreciate the seriousness of the crime of which he was convicted. The inmate filed a petition for common law writ of certiorari, alleging violations of the Ex Post Facto Clause of the state and federal constitutions. The trial court dismissed the petition. On appeal, the inmate alleges the same state and federal constitutional violations.

Posted by: Chandra Williams on Apr 21, 2016

A Blount County jury convicted the Defendant, Ike O. Nwangwa, of Count 2, operating a motor vehicle while his blood alcohol concentration was .08% or more but acquitted him of Count 1 Driving Under the Influence (“DUI”). The trial court sentenced the Defendant to eleven months and twenty-nine days, with two days to be served in jail followed by supervised probation. On appeal, the Defendant contends that the trial court erred by accepting the guilty verdict to Count 2 when the jury acquitted him of Count 1. After review, we affirm the trial court’s judgment.

Posted by: Chandra Williams on Apr 21, 2016

Pursuant to a plea agreement, the Defendant, Charles L. Hartley, pleaded guilty to nine drug-related offenses for a total effective sentence of eight years with the trial court to determine the manner of service of the sentence. After a hearing, the trial court ordered that the Defendant serve one year in confinement and the remaining seven years on probation. On appeal, the Defendant contends the trial court erred when it denied him an alternative sentence. After a thorough review of the record and relevant authorities, we affirm the trial court’s judgments.

Posted by: Chandra Williams on Apr 21, 2016

The issues on appeal arise from a final decree of divorce following a 27-year marriage in which Wife is clearly the economically disadvantaged spouse. The trial court awarded Wife the divorce, divided the property, and awarded Wife alimony in futuro and approximately one-third of the attorney’s fees she requested. Both spouses appeal. Husband contends the trial court erred by awarding Wife alimony in futuro, insisting she could be rehabilitated. Husband also contends Wife had sufficient resources to pay all of her attorney’s fees.

Posted by: Chandra Williams on Apr 21, 2016

The parents of a son born in May 2013 appeal the termination of their parental rights. In December 2013, the son was removed from his parents’ custody after law enforcement discovered that he was living in a home with two methamphetamine labs. After a hearing, the juvenile court entered an order finding that the son was dependent and neglected and that the parents had committed severe abuse as defined in Tenn. Code Ann. § 37-1- 102(b)(21). Parents did not appeal this order.

Posted by: Chandra Williams on Apr 21, 2016

Husband and Wife were married for approximately three years when Husband filed a complaint seeking a divorce. Wife filed a counter-complaint seeking a divorce as well. The trial court awarded Wife a divorce, classified the parties’ assets as separate or marital, and divided the marital estate. The trial court also awarded Wife transitional alimony for a period of two years.

Posted by: Chandra Williams on Apr 20, 2016

Following a jury trial, Darryl Claxton (“the Defendant”) was convicted of first degree premeditated murder and sentenced to life imprisonment for the death of Terry Johnson (“the victim”).

Posted by: Chandra Williams on Apr 20, 2016

A Montgomery County jury convicted Defendant Joshua R. Starner of aggravated child abuse, first-degree felony murder committed during the perpetration of aggravated child abuse, aggravated child neglect, first-degree felony murder committed during the perpetration of aggravated child neglect, and aggravated sexual battery.

Posted by: Chandra Williams on Apr 20, 2016

This appeal arises from the denial of parole. The Tennessee Board of Probation and Parole found that the inmate’s release from custody would depreciate the seriousness of the crime of which he was convicted. The inmate filed a petition for common law writ of certiorari, alleging violations of the Ex Post Facto Clause of the state and federal constitutions. The trial court dismissed the petition. On appeal, the inmate alleges the same state and federal constitutional violations.


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