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Posted by: Chandra Williams on Nov 17, 2015

Aggrieved of his Davidson County Criminal Court jury convictions of two counts of aggravated assault, the defendant, Brandon D. Forbes, appeals, challenging the admission of his prior conviction of aggravated robbery for impeachment purposes, the admission of certain testimony from a State’s witness, and the sufficiency of the convicting evidence. Discerning no error, we affirm.

Posted by: Chandra Williams on Nov 17, 2015

This is an interlocutory appeal as of right, pursuant to Rule 10B of the Rules of the Supreme Court of Tennessee, from the denial of a motion to recuse filed by Steve Allen Westberry (AFormer Husband@) in the parties= post-dissolution modification proceedings. Having reviewed the petition for recusal appeal filed by Former Husband, and finding no error in Trial Court=s ruling, we affirm.

Posted by: Chandra Williams on Nov 17, 2015

Plaintiff brought a malicious prosecution action against defendant. Defendant moved for summary judgment, which the trial court granted. Discerning no error, we affirm.

Posted by: Chandra Williams on Nov 17, 2015

This is a termination of parental rights case. Father/Appellant appeals the termination of his parental rights on grounds of severe child abuse pursuant to Tennessee Code Annotated Section 36-1-113(g)(4) and persistence of conditions pursuant to Tennessee Code Annotated Section36-1-113(g)(3). Thechildwasfoundtobedependentandneglectedbyorderofthe Juvenile Court, and Appellant appealed the dependency and neglect finding to the Circuit Court. The ground of persistence of conditions requires a prior finding of dependency and neglect.

Posted by: Chandra Williams on Nov 17, 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 16, 2015

Defendant, Austin Wells, appeals his conviction for driving under the influence (“DUI”) and reckless driving, arguing that his warrantless arrest for the offenses was not supported by probable cause and that there is insufficient evidence to support his convictions. We conclude that Defendant has waived both of these issues and that he is not entitled to plain error relief. Accordingly, the judgments of the trial court are affirmed.

Posted by: Chandra Williams on Nov 16, 2015

This appeal involves the termination of a father’s parental rights to his seven-year-old son. In 2011, the son was adjudicated dependent and neglected due to his parents’ substance abuse and was placed in the custody of his paternal great-aunt and great-uncle. In 2013, the same great-aunt and great-uncle filed a petition, as prospective adoptive parents, seeking to terminate the father’s parental rights on the statutory grounds of abandonment and persistent conditions.

Posted by: Chandra Williams on Nov 16, 2015

An employee, who was injured in an accident with an uninsured motorist while on company business and while driving an automobile owned by his wife, sought to recover for his injuries through the uninsured motorist provision of his employer’s business automobile policy. The insurer denied coverage, asserting that the policy only provided coverage for automobiles owned by the company.

Posted by: Chandra Williams on Nov 16, 2015

This case involves a quo warranto action challenging the validity and reasonableness of an annexation ordinance. The trial court determined that, pursuant to Tennessee Code Annotated § 6-58-111, the plaintiff failed to prove that (1) the annexation ordinance was unreasonable for the overall well-being of the communities involved or (2) the health, safety, and welfare of the citizens and property owners of the municipality and territory would not be materially retarded in the absence of such annexation. The court therefore dismissed the plaintiff’s complaint. The plaintiff timely appealed.

Posted by: Chandra Williams on Nov 16, 2015

The Commissioner of Revenue assessed a tax based on the taxpayer?s use of an aircraft purchased out of state. Taxpayer sought review from the Tennessee Department of Revenue but was denied relief following an informal hearing. Taxpayer paid the tax and filed a complaint in the Chancery Court for Davidson County seeking a refund on the ground that it qualified for the sale for resale exemption in the Tennessee Retailers? Sales Tax Act because it provided the seller with a certificate of resale and immediately leased the aircraft to third party users.


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