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

We granted an application for an interlocutory appeal in this case to consider whether the Board of Administration of the City of Memphis Retirement System is exempt from the contested case procedures of the Uniform Administrative Procedures Act because the City of Memphis is organized as a home rule charter form of government. We hold that the Board is not exempt from the contested case procedures and therefore affirm the trial court’s order granting partial summary judgment to the petitioner.

Posted by: Chandra Williams on Nov 16, 2015

We granted an application for an interlocutory appeal in this case to consider whether the Board of Administration of the City of Memphis Retirement System is exempt from the contested case procedures of the Uniform Administrative Procedures Act because the City of Memphis is organized as a home rule charter form of government. We hold that the Board is not exempt from the contested case procedures and therefore affirm the trial court’s order granting partial summary judgment to the petitioner.

Posted by: Chandra Williams on Nov 16, 2015

A party who failed to file a de novo appeal of a general sessions judgment filed the instant petition for writ of certiorari. The trial court dismissed the writ on the grounds that the petitioner had a “plain, speedy and adequate remedy” provided by Tenn. Code Ann. § 16-15- 727(b), a de novo appeal. We agree and affirm.

Posted by: Chandra Williams on Nov 16, 2015

Mother filed a petition seeking to have Father held in criminal contempt for violating the parties’ parenting plan and mutual restraining order. The trial court found Father guilty of two of ten counts of criminal contempt and sentenced him accordingly. Father appeals, arguing the evidence was insufficient to prove his guilt beyond a reasonable doubt. We affirm the trial court’s judgment in all respects.

Posted by: Chandra Williams on Nov 16, 2015
Posted by: Chandra Williams on Nov 13, 2015

The Defendant-Appellants, Tapo T. Tabb and Douglas Ingram, were convicted by a Williamson County jury of burglary and theft of property valued over $60,000. The trial court sentenced the Defendants to 12 years? confinement for their burglary convictions and 25 years? confinement for their theft of property convictions, to be served consecutively for effective sentences of 37 years? confinement.

Posted by: Chandra Williams on Nov 13, 2015

The Petitioner, Tracy Eugene Harris, appeals from the Hamilton County Criminal Court?s order denying his motion for pretrial jail credit pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure. On appeal, the Petitioner argues that the trial court erred by overruling his motion for pretrial jail credit. The State responds that the Petitioner?s argument is waived for failure to file a timely notice of appeal and that the trial court properly denied the Petitioner?s motion. Following our review, we affirm the judgment of the trial court.

Posted by: Chandra Williams on Nov 13, 2015

The Petitioner, James Drew Freeman, appeals from the denial of post-conviction relief by the Criminal Court for White County. He was convicted of second degree murder of his mother and sentenced to seventeen years? imprisonment. On appeal, the Petitioner argues that he received ineffective assistance of counsel because trial counsel failed to locate and call a witness. Upon review, we affirm the judgment of the post-conviction court.

Posted by: Chandra Williams on Nov 13, 2015

The defendant, Jonathan T. Deal, appeals the dismissal of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to correct his illegal sentence. In this appeal, the defendant asserts that the trial court erred by declaring his motion moot because his sentence had been served and had expired and that the court erred by concluding that the illegal sentence alignment was not a bargained-for element of his plea agreement.


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