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Posted by: Chandra Williams on Sep 14, 2015

This is an action by homeowners against the insurance company that provided their homeowners? insurance coverage. At issue is whether the insurer violated Tenn. Code Ann. § 56-7-130(b) (2006) by failing to make available coverage for insurable sinkhole losses and whether the physical damage to the home was caused by “sinkhole activity.” When the insurer denied coverage, Plaintiffs commenced this action alleging, inter alia, that the insurer breached the policy and acted in bad faith when it refused to pay their claim. Plaintiffs also sought to hold the insurer liable for violating Tenn.

Posted by: Chandra Williams on Sep 14, 2015

The primary issue in this appeal is whether a teacher who was hurt on the job after being terminated but while she was still working under a temporary extension of her contract, can claim that she did not get a meaningful return to work after she reached maximum medical improvement. The trial court held that the statutory cap of one and one-half her medical impairment rating did apply because the employee had a meaningful return to work. This appeal has been referred to the Special Worker‘s Compensation Panel for a hearing and a report of findings of fact and conclusions of law.

Posted by: Chandra Williams on Aug 28, 2015

The Defendant, Bruce Marvin Vann, was indicted and, following a jury trial, convicted of three counts of rape of a child. See Tenn. Code Ann. § 39-13-522. The trial court imposed sentences of thirty-five years for each conviction and ordered the sentences to run concurrently, for a total effective sentence of thirty-five years to be served at 100 percent. On appeal, the Defendant contends (1) that the evidence was insufficient to sustain his convictions; and (2) that the prosecutor committed misconduct during his closing argument.

Posted by: Chandra Williams on Aug 28, 2015

he Appellant, Curtis Dewayne Staggs, is appealing the order of the trial court denying his motion to correct a clerical error in the judgments of conviction. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted.

Posted by: Chandra Williams on Aug 28, 2015

The defendant, Sandra Mitchell, pled guilty to theft of property of $60,000 or more but less than $250,000, a Class B felony. She received a twelve-year sentence to be served consecutively to a prior six-year sentence. On appeal, she challenges the trial court’s decision to impose consecutive sentences. Upon our review, we affirm the judgment of the trial court.

Posted by: Chandra Williams on Aug 28, 2015

Defendant, James Hawkins, appeals from his Shelby County Criminal Court jury convictions of premeditated first degree murder, see T.C.A. ' 39-13-202(a)(1); initiating a false report, see id. ' 39-16-502, a Class D felony; and abuse of a corpse, see id. ' 39-17-312, a Class E felony. The jury sentenced Defendant to death for the first degree murder conviction based upon its findings that the defendant was previously convicted of one (1) or more felonies whose statutory elements involve the use of violence to the person, see id.

Posted by: Chandra Williams on Aug 28, 2015

The Appellant, John A. Bailey, appeals as of right from the Madison County Criminal Court?s denial of his two separate motions for correction of illegal sentences pursuant to Tennessee Rule of Criminal Procedure 36.1. On appeal, the Appellant argues that the trial court erred by summarily denying his motions without appointing counsel after he had stated colorable claims for relief regarding the legality of the concurrent nature of his various sentences and his eligibility for community corrections and subsequent placement in that program.

Posted by: Chandra Williams on Aug 28, 2015

Three non-profit corporations filed suit alleging that they were wrongfully denied low income housing tax credits. The trial court determined that the plaintiffs‘ claims were moot, and we concur.

Posted by: Chandra Williams on Aug 27, 2015

The Petitioner, Robert Edward Williams III, appeals as of right from the Davidson County Criminal Court’s denial of his petition for post-conviction relief. In this appeal, the Petitioner asserts that he received ineffective assistance of counsel because trial counsel failed to adequately communicate with him and because trial counsel “coerced” the Petitioner to enter guilty pleas, rendering his pleas unknowing and involuntary. Following our review, we affirm the judgment of the post-conviction court.

Posted by: Chandra Williams on Aug 27, 2015

The Defendant, Decornick Moore, pleaded guilty to attempt to commit second degree murder and received a ten-year sentence. More than ten years later, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting that the trial court correct an illegal sentence because his sentence should have been served consecutively to a previously imposed sentence. The trial court summarily dismissed the motion for failure to state a colorable claim. On appeal, he contends that the trial court erred in dismissing his motion. We affirm the judgment of the trial court.


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