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Posted by: Chandra Williams on Oct 21, 2015

Pursuant to Rule 37(b) of the Tennessee Rules of Criminal Procedure, the defendant, Jon Michael Johnson, who pleaded guilty to one count of driving under the influence (“DUI”), appeals two related certified questions of law relative to the validity of the instrument used to measure his blood alcohol level following his arrest. Because neither of the certified questions presented is dispositive of the defendant’s case, the appeal is dismissed.

Posted by: Chandra Williams on Oct 21, 2015

Petitioner, Jason Charles Austin, appeals from the denial of his petition for post-conviction relief. Petitioner was indicted for one count of first degree murder. Petitioner was convicted by a jury of second degree murder and sentenced by the trial court to 23 years incarceration. Petitioner?s conviction and sentence were affirmed by this court on direct appeal. State v. Charles Austin, No. E2010-00796-CCA-R3-CD, 2012 WL 2445058 (Tenn. Crim. App., June 28, 2012), perm. app. denied (Tenn., Nov. 21, 2012).

Posted by: Chandra Williams on Oct 21, 2015

This is an appeal from an order designating a primary residential parent and setting visitation and child support. The juvenile court found that naming Father as primary residential parent was in the child’s best interest and set child support accordingly. Mother appealed both the designation of primary residential parent and the amount of child support owed to father. We affirm.

Posted by: Chandra Williams on Oct 21, 2015

The Oak Ridge City Court found the manager of three apartment buildings liable for several violations of the local building code. The manager appealed to the circuit court, and the City moved to amend the cause to add the purported owner of the properties as a defendant. The case proceeded to trial. After the City closed its proof, the trial court noticed that the purported owner of the property had not been properly made a party to the action. Accordingly, the trial court granted the City?s motion to amend.

Posted by: Chandra Williams on Oct 21, 2015

The Oak Ridge City Court found the manager of three apartment buildings liable for several violations of the local building code. The manager appealed to the circuit court, and the City moved to amend the cause to add the purported owner of the properties as a defendant. The case proceeded to trial. After the City closed its proof, the trial court noticed that the purported owner of the property had not been properly made a party to the action. Accordingly, the trial court granted the City?s motion to amend.

Posted by: Chandra Williams on Oct 21, 2015

Father appeals the termination of his parental rights. After a thorough review of the record, we reverse as to the ground of substantial noncompliance with the permanency plan, vacate as to the grounds of abandonment by failure to visit and support by an incarcerated parent, and affirm as to the grounds of abandonment by failure to establish a suitable home and persistent conditions. We also affirm the trial court?s finding that termination is in the child?s best interest. Accordingly we affirm the termination of Father?s parental rights.

Posted by: Chandra Williams on Oct 21, 2015

We granted this appeal to determine whether the courts below erred in concluding that the mother must be afforded relief from a void default judgment terminating her parental rights even though she did not seek relief from the void judgment under Rule 60.02(3) of the Tennessee Rules of Civil Procedure until more than eight years after it was entered.

Posted by: Chandra Williams on Oct 20, 2015

Defendant, Daniel H. Jones, is currently serving an effective sentence of thirty-one years for a multitude of convictions. In October 2014, Defendant filed a motion under Tennessee Rule of Criminal Procedure 36.1, alleging that his aggregate sentence is illegal because it exceeds the maximum sentence for a Range I offender convicted of a Class B felony. The trial court summarily dismissed the motion, finding that Defendant had failed to state a colorable claim. Upon our thorough review of the record, we determine that Defendant has not presented a colorable claim for relief.

Posted by: Chandra Williams on Oct 20, 2015

Following a jury trial, the Defendant, Kenneth Paul Colvett, was convicted of premeditated first degree murder and sentenced to life imprisonment with the possibility of parole. See Tenn. Code Ann. § 39-13-202.

Posted by: Chandra Williams on Oct 20, 2015

The Defendant, Carlos Campbell, was indicted for seven counts of attempted first degree murder, a Class A felony; two counts of employing a firearm during the commission of a dangerous felony, a Class C felony; and two counts of felony reckless endangerment by discharging a firearm into a habitation, a Class C felony. See Tenn. Code Ann. §§ 39-12-101, -13-103, -13-302, -17-1324(b)(1). Prior to trial, the State dismissed the reckless endangerment charges.


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