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Posted by: Chandra Williams on Oct 6, 2015

The defendant, Andre Bernard Easley, appeals his Benton County Circuit Court jury conviction of introduction into or possession of drugs in a penal institution, claiming that the sentence imposed by the trial court was excessive. Discerning no error, we affirm the judgment of the trial court.

Posted by: Chandra Williams on Oct 6, 2015

Defendant, Christopher Loyd Davis, was indicted for theft of property valued over $10,000. After a trial, Defendant was found guilty of theft. The jury verdict form reflects a conviction for theft of property valued over $1000 but less than $10,000, a Class D felony. The judgment form reflects a Class C felony theft conviction with a sentence of twelve years in incarceration as a Career Offender.

Posted by: Chandra Williams on Oct 6, 2015

The Petitioner, Timothy A. Baxter, appeals as of right from the Madison County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. The Petitioner contends that his petition stated cognizable claims for habeas corpus relief because it alleged numerous violations of his constitutional rights, ineffective assistance of his trial and appellate counsel, “pervasive governmental misconduct,” and insufficiency of the convicting evidence.

Posted by: Chandra Williams on Oct 6, 2015

This is a Title IV-D child support case. Father/Appellant appeals the trial court?s modification of his child support obligation on grounds that: (1) the Juvenile Court did not have subject matter jurisdiction to modify the Circuit Court?s child support order; and (2) the trial court erred in applying the Child Support Rules and Regulations in calculating Appellant?s monthly child support obligation. Appellant also appeals the trial court?s award of attorney?s fees in this case. Discerning no error, we affirm and remand.

Posted by: Chandra Williams on Oct 5, 2015

Petitioner, James Mitchell Smith, is seeking post-conviction relief from his convictions for driving under the influence (“DUI”), driving on a suspended or canceled license, reckless endangerment, and two counts of leaving the scene of an accident. The post- conviction court denied relief, and petitioner now appeals, arguing that he received ineffective assistance of counsel at trial. Following our review, we affirm the judgment of the post-conviction court.

Posted by: Chandra Williams on Oct 5, 2015

Kristy L. Poland (“the Defendant”) pleaded guilty to theft of property valued at over $500 and was sentenced to one year suspended to supervised probation with restitution to be set by the trial court. After a hearing on the issue of restitution, the trial court ordered the Defendant to pay $8,100 in monthly installments of $75. On appeal, the Defendant argues that the trial court failed to consider her current financial resources and future ability to pay restitution.

Posted by: Chandra Williams on Oct 5, 2015

The Appellant, Bertin DeJesus Jimenez, pled guilty to stalking and received a sentence of ninety days in the workhouse. Thereafter, the Appellant filed a motion to vacate the judgment, contending that the arrest warrant was void ab initio because it failed to allege all of the elements of the offense. The trial court denied the motion, and the Appellant appealed. Upon review, we conclude that the appeal should be dismissed.

Posted by: Chandra Williams on Oct 5, 2015
Posted by: Chandra Williams on Oct 2, 2015

This is an interlocutory appeal as of right, pursuant to Rule 10B of the Rules of the Supreme Court of Tennessee, from the Trial Court=s denial of a post-judgment motion to recuse in a breach of contract case. Having reviewed the petition for recusal appeal filed by the Defendant, Keith Celebrezze (ADefendant@), we conclude that the petition was not timely filed and dismiss this appeal.

Posted by: Chandra Williams on Oct 2, 2015

This is a breach of contract case. In 2012, the parties entered into a contract to resolve an issue of past-due child support owed by Appellant to Appellee. The contract provided that Appellant would grant a remainder interest in his home to Appellee, reserving a life estate interest for himself. In exchange, Appellee agreed to forgive the past-due child support owed to her by Appellant. The contract provided, among other things, that Appellant would pay the taxes on the property during his lifetime and would make monthly payments to Appellee?s attorney to repay Appellee?s attorney?s fees.


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