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Posted by: Tanja Trezise on Aug 15, 2023

After pleading guilty to burglary and theft of property valued at over $10,000, Jeffrey Glenn McCoy, Petitioner, was sentenced by the trial court to an effective sentence of 12 years as a Range III offender to be served consecutively to a sentence from South Carolina. His sentences were affirmed on direct appeal. See State v. Jeffrey Glynn1 McCoy, No. W2016-01619-CCA-R3-CD, 2017 WL 6507232, at *1 (Tenn. Crim. App. Dec. 19, 2017), perm. app. denied (Tenn. Apr. 23, 2018) (“McCoy I”). Petitioner filed a pro se petition for post-conviction relief that was dismissed as untimely. On appeal, the State conceded error and this Court remanded for appointment of counsel and further proceedings. See Jeffrey McCoy v. State, No. W2019-00574-CCA-R3-PC, 2020 WL 1227304, at *1 (Tenn. Crim. App. Mar. 11, 2020) (“McCoy II”). On remand, the post-conviction court appointed counsel and an amended petition was filed. Petitioner alleged that trial counsel failed to inform him of his potential sentence, failed to litigate a motion to suppress, failed to present evidence that Petitioner was under the influence of methamphetamine, and failed to present evidence that Petitioner was not the leader in the commission of the offense. The postconviction court denied relief after a hearing, finding that there was no proof Petitioner’s plea was coerced or that any of trial counsel’s actions were deficient. We affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Aug 15, 2023

After the Petitioner, Karen R. Howell, pled guilty to three counts of first degree felony murder and one count of attempted first degree murder, the trial court sentenced her to serve three consecutive sentences of life without the possibility of parole plus twenty-five years. Subsequently, she filed a petition under the Post-Conviction Fingerprint Analysis Act of 2021 seeking an analysis of the original murder weapons. The post-conviction court summarily dismissed the petition, finding there was no reasonable probability that a fingerprint analysis would result in a more favorable sentence. Upon review, we respectfully affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Aug 15, 2023

A Knox County jury found the Petitioner, Billy Hill, guilty of second degree murder. He later filed a petition for post-conviction relief alleging that his trial counsel was ineffective by advising him not to testify at trial. The post-conviction court denied relief, finding that trial counsel’s advice was based on a sound strategy developed after thoroughly investigating the case. On appeal, we respectfully affirm the judgment of the postconviction court.

Posted by: Tanja Trezise on Aug 15, 2023

The Defendant, Kelli M. Cates, pleaded guilty to driving under the influence (“DUI”) after the trial court denied her motion to suppress. As a part of her plea agreement, she sought to reserve five certified questions of law for appeal challenging the legality of the traffic stop leading to her arrest. However, following our review, we conclude that the certified questions are not dispositive of the case and do not clearly identify the scope and limits of the legal issues reserved as required by Tennessee Rule of Criminal Procedure 37(b)(2)(A). Accordingly, we are without jurisdiction to consider the appeal, and the case is dismissed.

Posted by: Tanja Trezise on Aug 15, 2023

Mother appeals the termination of her parental rights to her eldest child on a number of grounds. We reverse the trial court’s finding that Mother engaged in only token visitation with the child during the relevant time period. We vacate the trial court’s finding that Mother failed to manifest an ability and willingness to parent because the trial court failed to make findings as to whether the return of the child would pose a risk of substantial harm. We affirm the trial court’s findings as to the remaining grounds, as well as the trial court’s finding that termination is in the child’s best interest.

Posted by: Tanja Trezise on Aug 15, 2023

This case involves competing claims for breach of a commercial lease agreement. The tenant commenced this action seeking to recover the security deposit and pre-paid rent, contending that the landlord breached the lease by failing to comply with the notice-andcure provision in the lease before leasing the premises to another tenant. The landlord denied any breach and filed a counterclaim for damages and attorney’s fees contending that the tenant breached the lease by not paying rent. Each party moved for summary judgment, seeking affirmative relief as well as dismissal of the other party’s claims. After ruling that the tenant was the first to materially breach the lease by failing to pay rent and holding that the landlord failed to comply with the notice-and-cure provision in the lease, the court summarily dismissed the tenant’s complaint and the landlord’s counterclaims. Both parties appeal. We affirm the dismissal of the tenant’s complaint but reverse the dismissal of the landlord’s counterclaims and remand for further proceedings consistent with this opinion.

Posted by: Paul Burch on Aug 15, 2023

Nashville mayoral candidate Alice Rolli announced Monday she would no longer employ McShane, a campaign consultant firm, after she found it had "more than a strong connection to the Proud Boys" militia group, reports the Tennessean. Rolli's campaign had paid the Las Vegas-based firm over $250,000 since March, according to finance records. Woodrow Johnston, a senior vice president for McShane, resigned from the campaign on Saturday but disputed Rolli's portrayal of the separation, claiming they disagreed on the direction of the campaign.

Posted by: Paul Burch on Aug 15, 2023

A judicial reform advocacy group filed a misconduct complaint on Tuesday against a Texas federal judge for requiring three attorneys for Southwest Airlines to attend "religious liberty training," reports Reuters. Fix the Court accused U.S. District Judge Brantley Starr of violating the judicial code of conduct by assigning Alliance Defending Freedom, a conservative legal group not involved in the case, to carry out attorney sanctions related to a religious bias case brought by a flight attendant against the airline.

Posted by: Paul Burch on Aug 15, 2023

The Tullahoma City School District today removed a disciplinary action from the record of a high school student who had been suspended for memes he shared on his personal Instagram account during vacation, reports the Tennessean. The action comes two months after the student filed a lawsuit against the school district and two administrators for First Amendment violations. The district also removed two student handbook policies challenged in the lawsuit. The student’s lawsuit is still pending.

Posted by: Paul Burch on Aug 15, 2023

Tennessee Rep. Andy Ogles, R-Columbia, and Sen. Mike Lee, R-Utah, have proposed a resolution that names “irresponsible and sensationalistic” reporting practices as a major factor in the recent rise in mass gun violence across the country, the Commercial Appeal reports. The resolution calls on the media to change its coverage of mass shootings and “prioritizing coverage” of heroics “of any law enforcement, first responders or bystanders.” The proposal has been criticized by First Amendment advocates for the potential harm of limiting coverage on an issue that poses a danger to the public.


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