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Posted by: Karen Belcher on Dec 11, 2023

The pro se petitioner, Henry Moore, appeals the denial of his petition for post-conviction or habeas corpus relief, which petition challenged his guilty-pleaded conviction of evading arrest, alleging that the stop and seizure of his vehicle was unlawful, that his guilty plea was involuntary, that the evidence was insufficient to support his conviction, and that he was deprived of the effective assistance of counsel. Because the petitioner’s claims are not cognizable in a habeas corpus proceeding, the trial court properly denied habeas corpus relief. Because, however, some of the petitioner’s claims are cognizable in post-conviction proceedings and because the petition was not untimely, the trial court erred by summarily dismissing the petition as one for post-conviction relief. We reverse the judgment of the trial court and remand the case for further post-conviction proceedings.

Posted by: Karen Belcher on Dec 11, 2023

The defendant, Robert Leroy Littleton, III, appeals his Johnson County Criminal Court convictions of first-degree murder, especially aggravated kidnapping, conspiracy to commit especially aggravated kidnapping, extortion, and conspiracy to commit extortion, arguing that the trial court erred by denying his motion to suppress his pretrial statements. Because the defendant’s motion for new trial was untimely filed, we dismiss the appeal.

Posted by: Karen Belcher on Dec 11, 2023

The Petitioner, Donald Gwin, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his jury-trial convictions for aggravated rape, aggravated robbery, aggravated burglary, and aggravated assault, for which he is serving an effective thirty-five-year sentence. On appeal, he contends that the post-conviction court erred in denying relief on his ineffective assistance of counsel claims. We affirm the judgment of the post-conviction court.

Posted by: Stacey Shrader Joslin on Dec 11, 2023

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Posted by: Karen Belcher on Dec 11, 2023

A Knox County jury convicted Defendant, Jerry L. Dismukes, of possession of more than fifteen grams of heroin with intent to sell or deliver; possession of less than 200 grams of fentanyl with intent to sell or deliver; possession of more than twenty-six grams of a substance containing cocaine with intent to sell or deliver; and possession of drug paraphernalia. On appeal, Defendant argues that the trial court provided the improper remedy when it modified one of his convictions to a lesser offense after the jury’s verdict. Defendant also argues that there was insufficient evidence to prove an unbroken chain of custody. The State argues that Defendant waived his first argument, and that the evidence was sufficient to establish an unbroken chain of custody. We agree with the State.

Posted by: Karen Belcher on Dec 11, 2023

The notice of appeal in this case was not timely filed. Therefore, this Court lacks jurisdiction to consider this appeal.

Posted by: Karen Belcher on Dec 11, 2023

This is a premises liability action in which the plaintiff slipped and fell while she was walking to a pedicure station in a nail salon. Two principal issues are presented. First, the plaintiff contends that the trial court erred by denying her Tenn. R. Civ. P. 34A.02 motion for spoliation of evidence by finding that the defendant was not put on notice that a video recording from a surveillance camera in the nail salon was relevant to pending or reasonably foreseeable litigation. Second, the plaintiff contends that the trial court erred by summarily dismissing her complaint on the basis that there was no proof that the defendant had created the allegedly hazardous condition in the nail salon or that the defendant had actual or constructive notice of the condition. We affirm.

Posted by: Karen Belcher on Dec 11, 2023

For the week of December 4, 2023 - December 8, 2023

Posted by: Stacey Shrader Joslin & Mindy Thomas on Dec 11, 2023

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Posted by: Stacey Shrader Joslin on Dec 11, 2023

The Tennessee Bureau of Investigation (TBI) reports that a new database is giving victims of sexual assault real-time updates on the evidence in their cases. According to the Tennessee Lookout, the SAMS-Track system is fully operational through a web portal after TBI logged 3,036 kits into it. The system requires police, hospitals and laboratories to log the dates they handle evidence to mark the path of a rape kit throughout the chain of command. TBI also recently told state lawmakers that the backlog of kits has improved. The average turnaround time for is now about 18 weeks, compared to 45 weeks a year ago.


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