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Posted by: Chandra Williams on Jul 20, 2016

The case involves the termination of Mother’s parental rights on the ground of severe abuse. The trial court terminated Mother’s parental rights to the two children at issue based on two previous severe abuse findings against Mother: (1) a finding as to the children at issue during the dependency and neglect portion of the underlying proceedings; and (2) a finding that the children’s older half-sibling was the victim of severe abuse prior to the children at issue’s birth. The trial court further found clear and convincing evidence that termination was in the children’s best interest.

Posted by: Chandra Williams on Jul 20, 2016

This appeal arises from the Memphis-Shelby County Airport Authority’s decision to terminate Appellee’s employment. Appellee was employed as a police sergeant with the Memphis-Shelby County Airport Authority. Appellee received a nine-day suspension from work for insubordination and conduct unbecoming. The suspension also included a requirement that Appellee undergo a fitness for duty assessment before returning to work.

Posted by: Chandra Williams on Jul 20, 2016

At issue in this case is whether the parties entered into a contract that granted Plaintiff a right of first refusal to purchase Defendants’ real property. Defendants leased their property to Plaintiff for a twelve-month period. After the lease was renewed several times, Plaintiff inquired with Defendants’ agent as to whether Defendants would be interested in selling the property.

Posted by: Chandra Williams on Jul 20, 2016

This appeal involves a dispute concerning a purported right of first refusal in a deed. In a section titled “Right of First Refusal,” the deed provided that the purported holders of the right “shall have a right of first refusal to purchase said property and once a price is agreed upon,” the holder will have a certain time period in which to raise the funds to pay the purchase price. The trial court found that the provision was enforceable and imposed a “reasonable time” in which the parties could negotiate and agree upon a price. The sellers appealed. We reverse.

Posted by: Chandra Williams on Jul 20, 2016

This appeal involves a dispute concerning a purported right of first refusal in a deed. In a section titled “Right of First Refusal,” the deed provided that the purported holders of the right “shall have a right of first refusal to purchase said property and once a price is agreed upon,” the holder will have a certain time period in which to raise the funds to pay the purchase price. The trial court found that the provision was enforceable and imposed a “reasonable time” in which the parties could negotiate and agree upon a price. The sellers appealed. We reverse.

Posted by: Chandra Williams on Jul 19, 2016

The Petitioner, Steven Q. Stanford, appeals the Campbell County Criminal Court’s denial of his petition for post-conviction relief from his 2010 convictions for initiation of a process to manufacture methamphetamine and for misdemeanor possession of drug paraphernalia and from his effective fifteen-year sentence. The Petitioner contends that he received the ineffective assistance of counsel because (1) counsel failed to file a motion to suppress evidence obtained during a search of the Petitioner’s mother’s property and (2) counsel failed to explain two plea offers adequately.

Posted by: Chandra Williams on Jul 19, 2016

Samuel W. Hirsh (“the Petitioner”) entered a best interest plea to first degree felony murder and was sentenced to life without the possibility of parole. He then filed a timely pro se Petition for Post-Conviction Relief alleging numerous grounds. Following a hearing, the post-conviction court denied relief and dismissed the petition.

Posted by: Chandra Williams on Jul 19, 2016

Paul Samuel Eslinger, the Defendant, pleaded guilty to two counts of sale of a Schedule II controlled substance, both Class C felonies, and one count of sale of a Schedule I controlled substance, a Class B felony, and was sentenced pursuant to a plea agreement to three thirty-year concurrent sentences. On appeal, the Defendant argues that the trial court erred when it did not allow him to withdraw his guilty pleas.

Posted by: Chandra Williams on Jul 18, 2016

The defendant, Danielle Rush, was convicted by a Shelby County Criminal Court jury of two counts of attempted second degree murder, three counts of aggravated assault, two counts of reckless endangerment, and vandalism over $1000. The trial court merged two of the aggravated assault convictions and sentenced the defendant to an effective term of eleven years in the Department of Correction. On appeal, he argues that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.


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