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Posted by: Chandra Williams on Sep 23, 2015

Petitioner, Nathan Young Payne, appeals the dismissal of his motion to withdraw his guilty plea, which the lower court subsequently treated as a petition for post-conviction relief. Because Petitioner has not proven that due process requires tolling of the statute of limitations for post-conviction purposes, the decision of the post-conviction court is affirmed.

Posted by: Chandra Williams on Sep 23, 2015

The defendant, Michael Richard Miller, was convicted of three counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated burglary, and one count of employing a firearm in the course of a dangerous felony. On appeal, he challenges the trial court’s imposition of an effective forty-six-year sentence based upon partial consecutive sentencing.

Posted by: Chandra Williams on Sep 23, 2015

This is a Tennessee Supreme Court Rule 10B interlocutory appeal as of right from the trial court’s denial of a motion for recusal. The appellant contends the trial judge should be disqualified on the ground of bias, which is evident from multiple rulings that were adverse to the appellant. Having reviewed the petition for recusal appeal, we affirm the trial court’s decision to deny the motion for recusal.

Posted by: Chandra Williams on Sep 23, 2015

Petitioner, Melissa Barnett, appeals the dismissal of her second petition for a writ of error coram nobis, in which she alleged that her codefendant’s recantation of his trial testimony constitutes newly-discovered evidence of her innocence. Upon our review of the record, we agree with the coram nobis court that Petitoner was previously granted a meaningful opportunity to present this claim, and we affirm its decision to dismiss the petition.

Posted by: Chandra Williams on Sep 23, 2015

Following a jury trial, Antonio Bigsbee (“the Petitioner”) was convicted of especially aggravated kidnapping and reckless endangerment and sentenced as an especially mitigated offender to thirteen and a half years’ incarceration. The Petitioner filed a petition for post-conviction relief alleging that trial counsel failed to communicate a plea offer of eight years’ incarceration. After a hearing, the post-conviction court denied relief. Discerning no error, we affirm the judgment of the post-conviction court.

Posted by: Chandra Williams on Sep 23, 2015

In this child support arrearage case Harold Newman, Jr. (“Respondent”) appeals the December 23, 2014 order of the Circuit Court for Roane County (“the Trial Court”) finding Respondent in civil contempt and ordering that Respondent be incarcerated in the Roane County Jail until he pays a purge amount of $150.00. We find and hold that no evidence was produced showing that Respondent had the present ability to pay $150.00, or any amount, and, therefore, the order finding Respondent in contempt and sentencing him to incarceration was in error.

Posted by: Chandra Williams on Sep 23, 2015
Posted by: Chandra Williams on Sep 23, 2015

This is an appeal from the denial of Appellant’s Tennessee Rule of Civil Procedure 60.02 motion to set aside a settlement reached by Appellee, the decedent’s mother, in the underlying wrongful death lawsuit. Appellant brought the Rule 60.02 motion on behalf of her minor child, who was born out of wedlock. The decedent had executed a voluntary acknowledgment of paternity of the minor child in Mississippi; Appellant argued that the acknowledgment was entitled to full faith and credit in Tennessee such that the child would be the rightful plaintiff in the wrongful death lawsuit.

Posted by: Chandra Williams on Sep 23, 2015

This appeal concerns a home inspector’s liability for a guest’s injury following the collapse of a homeowner’s second-story deck railing. The accident occurred just one month after the home inspection was performed. In his report to the homeowner, the inspector noted that the deck flooring was warped but failed to report the improper construction of the deck railing. The injured guest filed suit against the homeowner and the home inspector, among others. The inspector moved for summary judgment.

Posted by: Chandra Williams on Sep 23, 2015

This is a termination of parental rights case. The trial court terminated Appellant/Mother’s parental rights on the grounds of: (1) abandonment;; (2) substantial non-compliance with the permanency plan; (3) persistence of conditions; and (4) severe child abuse. We vacate the termination of Mother’s parental rights on the grounds of substantial non-compliance with the permanency plan and failure to support.


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