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Posted by: Chandra Williams on Nov 19, 2015

This is a negligence action. While attending a holiday-themed ice exhibit, the plaintiff slipped and fell at the top of an ice slide attraction that was a feature of the exhibit and sustained injuries to his arm. The plaintiff subsequently filed suit against the company that constructed the ice slide asserting various theories of negligence.

Posted by: Chandra Williams on Nov 19, 2015

Father filed a petition to reduce child support. Mother sought to have their almost eighteen- year-old daughter testify that she did not intend to exercise visitation with Father to the extent previously ordered by the court after she turned eighteen. The court refused to let her testify. The trial court used the number of days of parenting time previously ordered in calculating child support instead of zero. The trial court also ordered Mother to pay a portion of Father’s attorney’s fees. Mother appeals these issues.

Posted by: Chandra Williams on Nov 18, 2015

The Defendant-Appellant, David Jerome Powell, entered an open guilty plea to theft of property valued at more than $500 but less than $1000, driving on a cancelled, suspended or revoked license, and driving on a cancelled, suspended or revoked license, third offense, with the trial court to determine the length and manner of service of his sentence. See T.C.A. §§ 39-14-103, 55-50-504. Prior to the sentencing hearing, Powell filed a motion to withdraw his guilty plea, alleging that he had a constitutional right to a jury trial.

Posted by: Chandra Williams on Nov 18, 2015

The petitioner, Jonathan Davis, appeals the summary dismissal of his second petition for writ of habeas corpus, which petition challenged his Maury County Circuit Court jury conviction of attempted aggravated robbery. Discerning no error, we affirm.

Posted by: Chandra Williams on Nov 18, 2015

This case involves a challenge by a candidate for circuit judge to the qualifications of the winning candidate. William Thomas McFarland and Michael S. Pemberton were the only candidates in the August 7, 2014 election for Ninth Judicial District Circuit Judge.2 In March 2014, an eligible voter in the Ninth District, who is not a party to this suit, filed a complaint with the local election commission challenging Pemberton’s eligibility to run for circuit judge, alleging he did not meet the residency requirement.

Posted by: Chandra Williams on Nov 18, 2015

This appeal concerns a father’s parental rights to his daughter. The trial court found clear and convincing evidence existed to support the termination of the father’s parental rights on the statutory ground of abandonment when he willfully failed to visit the child for the four months preceding the filing of the termination petition. The court also found termination of the father’s rights was in the best interest of the child. The father appeals. We affirm as modified.

Posted by: Chandra Williams on Nov 18, 2015

This is a negligence action. While attending a holiday-themed ice exhibit, the plaintiff slipped and fell at the top of an ice slide attraction that was a feature of the exhibit and sustained injuries to his arm. The plaintiff subsequently filed suit against the company that constructed the ice slide asserting various theories of negligence.

Posted by: Chandra Williams on Nov 18, 2015

The petitioner, Antonio Byrd, appeals from the Shelby County Criminal Court’s denial of his motion to reopen his 1999 petition for post-conviction relief. Because the petitioner failed to comply with the statutory requirements for appealing the denial of a motion to reopen a post-conviction petition, we are without jurisdiction to hear the appeal, and the appeal is dismissed.

Posted by: Chandra Williams on Nov 17, 2015

The defendant, Andrew Brian Santora, appeals the trial court’s revocation of his probation. He argues that the evidence is insufficient to support the revocation and that the trial court should have imposed an alternative sentence. Following our review, we affirm the judgment of the trial court.

Posted by: Chandra Williams on Nov 17, 2015

The Petitioner, Brandon S. Massengill, appeals the Claiborne County Criminal Court’s dismissal of his petition for post-conviction relief from his conviction for resisting arrest or stop and his six-month suspended sentence. The Petitioner contends that the post-conviction court erred by dismissing his petition on the ground that he was not in custody for purposes of the Post-Conviction Procedure Act. We reverse the judgment of the post-conviction court and remand the case for an evidentiary hearing on the merits of the petition.


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