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Posted by: Chandra Williams on Sep 21, 2015

Defendant, Robin Annette Harless, was indicted by the Johnson County Grand Jury for two counts of Class D felony theft. Defendant was a housekeeper for each of the victims and committed the thefts of jewelry, collectible knives, and cash over a period of time while at work. She entered guilty pleas to the charges and requested the trial court to grant judicial diversion.

Posted by: Chandra Williams on Sep 21, 2015

The Defendant, Anthony Todd Ghormley, entered a nolo contendere plea to sexual battery by an authority figure and received an effective five-year sentence to be served on community corrections. Approximately nine years after the judgment was filed, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting that the trial court correct an illegal sentence. The trial court summarily dismissed the motion as moot on the basis the Defendant had already served his sentence. On appeal, the Defendant contends that the trial court erred in dismissing his motion.

Posted by: Chandra Williams on Sep 21, 2015

The petitioner, Forrest David Agostinho, appeals the denial of his petition for post- conviction relief, which challenged his 2012 convictions of 14 counts of aggravated sexual battery, five counts of Class B felony sexual exploitation of a minor, and one count of Class D felony sexual exploitation of a minor. In this appeal, the petitioner asserts that the post-conviction court denied him a full and fair hearing on his post- conviction petition and that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm the denial of post-conviction relief.

Posted by: Chandra Williams on Sep 21, 2015

This appeal concerns the enforceability of an arbitration agreement signed by a patient’s health care agent in conjunction with the patient’s admission to a nursing home. Within a few months of having been declared to lack capacity, the patient was placed in a nursing home. The agent completed all admission forms and contracts, including an optional, stand-alone arbitration agreement, on the patient’s behalf.

Posted by: Chandra Williams on Sep 18, 2015

This case involves a dispute over the name inscribed on the decedent?s headstone. The decedent?s surviving husband and her two adult children had the decedent?s headstone inscribed to include her alleged biological father?s surname. Appellant, the decedent?s adoptive father, brought a petition to replace the headstone selected by the appellees. The appellees moved for judgment on the pleadings. The trial court concluded that the appellant did not have standing to challenge the name on the decedent?s headstone selected by the surviving spouse and granted the appellees? motion.

Posted by: Chandra Williams on Sep 18, 2015

In this appeal, the claimant seeks to toll the statute of limitations on his claim against a municipality based on two statutes: (1) Tennessee Code Annotated § 20-1-119, the 90-day “window” in Tennessee?s comparative fault statute to name a non-party defendant as a comparative tortfeasor, and (2) Tennessee Code Annotated § 9-8-402(b), the tolling provision in the Tennessee Claims Commission Act that states that the filing of written notice of a claim against the State tolls all statutes of limitations as to other persons potentially liable to the claimant.

Posted by: Chandra Williams on Sep 18, 2015

Appellant, Randy Anthony Sanders, was convicted of theft valued at $1,000 or more but less than $10,000, a Class D felony. The trial court sentenced appellant as a Range II, multiple offender to seven years in confinement.

Posted by: Chandra Williams on Sep 18, 2015

The defendant, Jameson Ross Owen, was convicted by a Bedford County Circuit Court jury of violation of an order of protection, a Class A misdemeanor, and was sentenced by the trial court to eleven months, twenty-nine days in the county jail. The sole issue the defendant raises on appeal is whether the trial court erred by admitting Rule 404(b) evidence of his alleged history of stalking the victim. Following our review, we affirm the judgment of the trial court.

Posted by: Chandra Williams on Sep 18, 2015

Petitioner, James Fitz, pleaded guilty to first degree murder, attempted rape, especially aggravated kidnapping, and theft of property valued over $1,000 but under $10,000. He received an effective sentence of life imprisonment. Subsequently, he filed a petition for post-conviction relief, which he later withdrew. More than four years after his guilty plea, petitioner filed a second petition for post-conviction relief. The trial court summarily dismissed the petition as untimely and alternatively as a failed motion to re- open post-conviction proceedings.


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