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Posted by: Chandra Williams on Nov 23, 2015

The petitioner, Jerry Kevin Duke, appeals the denial of his petition for writ of error coram nobis, arguing that the statute of limitations should be tolled based on newly discovered evidence of new medical evidence and withheld exculpatory evidence of the child rape victim’s inconsistent statements. The petitioner further argues that the newly discovered evidence may have resulted in a different verdict had it been presented at trial. Following our review, we affirm the judgment of the coram nobis court denying the petition.

Posted by: Chandra Williams on Nov 23, 2015

Defendant, Eugene Bernard Cuddy, III, was indicted in a three-count indictment by the Sullivan County Grand Jury for possession of Oxycodone, a Schedule II controlled substance, with intent to sell or deliver, possession of drug paraphernalia, and possession of Alprazolam, a Schedule IV controlled substance, with intent to sell or deliver. Defendant filed a motion to suppress evidence seized during a search of Defendant’s person. Following a hearing, the trial court denied Defendant’s motion to suppress. Defendant was convicted as charged.

Posted by: Chandra Williams on Nov 23, 2015

This appeal concerns the enforceability of an agreement to arbitrate a dispute between a consumer and funeral home. The trial court refused to compel arbitration, finding no meeting of the minds as to the arbitration agreement. On appeal, the funeral home argues that this Court should consider not only the signed agreement, but also another document allegedly incorporated by reference into the parties’ contract in compelling arbitration.

Posted by: Chandra Williams on Nov 23, 2015

Fredrick Sledge (Petitioner), an inmate in the custody of the Tennessee Department of Correction (TDOC), challenges TDOC’s calculation of his release eligibility date.

Posted by: Chandra Williams on Nov 23, 2015

Stephen Leon Kelley (“Plaintiff”) filed suit seeking, among other things, to have the 1958 divorce decree of Mary Joyce Long Kelley v. Joseph Gordon Kelley, Jr. (“the Divorce Decree”) set aside so that Plaintiff could be declared one of only two heirs at law of Mary Joyce Long Kelley (“Deceased”) entitled to inherit by intestacy. The Chancery Court for Hamilton County (“the Trial Court”) dismissed Plaintiff’s suit pursuant to Tenn. R. Civ. P. 12.02(6) for failure to state a claim upon which relief can be granted, among other things. Plaintiff appeals to this Court.

Posted by: Chandra Williams on Nov 23, 2015

This is a divorce case. Eva L. Hines (Wife) filed a complaint for divorce from Terence J. Hines (Husband) while he was incarcerated in Arkansas. Husband was released from prison several days before the scheduled date of trial. Before and after his release, Husband asked that the case be continued so he could secure an attorney. On the original trial date, the court granted Husband’s request and continued the case for two weeks.

Posted by: Chandra Williams on Nov 23, 2015

This is an appeal from a trial court’s grant of summary judgment in a negligence case. Defendant’s truck collided with Plaintiff’s car causing Plaintiff serious injuries. Plaintiff sued Defendant for injuries stemming from the accident, which he alleged was proximately caused by Defendant’s negligence. Defendant filed a motion for summary judgment. It was undisputed that the accident occurred after Plaintiff’s car entered an intersection and proceeded to turn left across a lane of oncoming traffic despite the fact that the traffic signal facing him was red.

Posted by: Chandra Williams on Nov 23, 2015

A former tenant of Metropolitan Development and Housing Agency (“MDHA”) appeals the decision of the circuit court dismissing the case for failure to prosecute pursuant to Tenn. R. Civ. P. 41.02(1). We have concluded that the trial court erred in dismissing the case for failure to prosecute. The order is reversed and the matter is remanded to the trial court for further proceedings.

Posted by: Chandra Williams on Nov 23, 2015
Posted by: Chandra Williams on Nov 20, 2015

This is an appeal from a trial court’s grant of summary judgment in a negligence case. Defendant’s truck collided with Plaintiff’s car causing Plaintiff serious injuries. Plaintiff sued Defendant for injuries stemming from the accident, which he alleged was proximately caused by Defendant’s negligence. Defendant filed a motion for summary judgment. It was undisputed that the accident occurred after Plaintiff’s car entered an intersection and proceeded to turn left across a lane of oncoming traffic despite the fact that the traffic signal facing him was red.


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