Articles

All Content


74,196 Posts found
Previous • Page 1456 of 7,420 • Next
Posted by: Julia Wilburn on Jun 12, 2023

Petitioner, DeMorris Sanchez McKenzie, sought relief from his convictions and effective life sentence for first degree premeditated murder, being a felon in possession of a firearm and driving on a revoked license. Petitioner alleged that he received the ineffective assistance of trial and appellate counsel. Having reviewed the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.

Posted by: Julia Wilburn on Jun 12, 2023

The state appeals the trial court’s order granting the defendant’s motion to suppress evidence recovered during the search of the car in which the defendant was a passenger. The state asserts that the trial court erred because the scent of marijuana provided probable cause for the search regardless of the possibility that legal hemp was the source of the odor. After review, we conclude the trial court erred in granting the defendant’s motion to suppress. Therefore, we reverse the trial court’s order granting the defendant’s motion for suppression, reinstate the indictments against the defendant and remand to the trial court for further proceedings.

Posted by: Julia Wilburn on Jun 12, 2023

This appeal arises out of a settlement agreement between the parties that resolved the distribution of the decedent’s estate’s assets. Under the settlement agreement, appellant agreed to receive $1,800,000 from a joint brokerage account in his name and the decedent’s name. Appellant alleged that he was entitled to $1,800,000 outright and was not required to pay the capital gains taxes associated with the disbursement of such funds. Appellant also alleged that he was entitled to post-judgment interest on the $1,800,000. The trial court concluded that appellant was responsible for the capital gains taxes associated with the disbursement and that appellant was not entitled to post-judgment interest on the same. Discerning no error, we affirm.

Posted by: Brooke Leeton on Jun 12, 2023

On demand videos from this year's Dispute Resolution Forum are now available for purchase in the CLE Course Catalog. As a member of the TBA Dispute Resolution Section, you will always receive a discount on CLE programming produced by the section. This year’s program featured sessions from accomplished professionals from the ADR vocation. Attorneys Stephen Shields and Cindy Ettingoff discussed settlement agreements, Isaac Conner shed light on the nuance in athlete negotiations, Matt Sweeney unpacked the differences in arbitration and litigation, and Linda Seely highlighted the value of pro-bono work in Tennessee and identified opportunities for this work across the state. Check out the individual videos or purchase the convenient 1-click CLE package.

Posted by: Barry Kolar on Jun 9, 2023

The Tennessee Supreme Court welcomed a new group of lawyers to the practice of law in ceremonies held across the state and in the virtual world last week. The court held five online admission ceremonies before turning to the physical world with sessions Thursday in Jackson and Memphis and today in Knoxville and Nashville. Special thanks to Memphis Bar YLD President Patrick Hillard, TBA Board Secretary Terica Smith, Knoxville Bar Association President Loretta Cravens, TBA President-elect Jim Barry and TBA President Tasha Blakney for introducing the new lawyers to the court at the virtual and in-person ceremonies. See photos from the events.

Posted by: Julia Wilburn on Jun 9, 2023

The defendant, Russell Davis, appeals from the Shelby County Criminal Court’s summary dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Specifically, the defendant argues that his sentence is illegal because the state failed to file timely and proper notices of enhanced punishment and because he was improperly classified as a Range II offender. After review, we affirm the judgment of the trial court.

Posted by: Julia Wilburn on Jun 9, 2023

GIBBONS, Circuit Judge. Roy West was convicted for his participation in a murder-for-hire conspiracy and sentenced to life in prison. After his direct appeals and 28 U.S.C. § 2255 motion failed, West sought compassionate release under 18 U.S.C. § 3582. In that motion, he argued for the first time that his sentence violated Apprendi v. New Jersey, 530 U.S. 466 (2000). He claimed that the jury instructions given at his trial did not sufficiently require the jury to find that death resulted from the conspiracy — a necessary finding for the court to impose a life sentence for the crime. The district court found that the Apprendi error and West’s rehabilitation constituted “extraordinary and compelling reasons” to reduce his sentence and granted West compassionate release after 17 years’ imprisonment. 18 U.S.C. § 3582(c)(1)(A). On appeal, the government argues that the judgment of the district court should be reversed because it improperly used compassionate release as a vehicle for second or successive § 2255 motions. We agree and reverse.

Posted by: Julia Wilburn on Jun 9, 2023

BUSH, Circuit Judge. After police arrested Harold Smith with a loaded gun in his possession, he was charged with illegally possessing a firearm and ammunition as a felon. Leading up to trial, he had the opportunity to stipulate his status as a felon and his knowledge of the same to preclude the government from introducing evidence of any of his prior felony convictions. But he declined. So the government introduced evidence of Smith’s 11 prior felony convictions at trial, and a jury convicted him on both charges. As Smith had three prior violent felony convictions, the district court sentenced him as an armed career criminal. Smith raises two issues on appeal. First, he asks that we vacate his conviction and sentence based on the alleged unfairly prejudicial taint of evidence of his 11 prior felony convictions. We decline and affirm the district court on this issue. Smith then asks that we vacate his sentence and remand for resentencing because his North Carolina conviction for assault with a deadly weapon with intent to kill and inflicting serious injury should not qualify as a predicate violent felony under the Armed Career Criminal Act (ACCA). Because the offense requires purposeful or knowing conduct, it is categorically a violent felony, so we affirm.

Posted by: Julia Wilburn on Jun 9, 2023

In April 2018, petitioner, Adarion C. Morris, pleaded guilty in three separate cases and received an effective sentence of six years to be served on community corrections. However, after two community corrections violation warrants were filed, one in June 2018 and another in August 2018, the trial court held a hearing, revoked Petitioner’s community corrections sentence, and re-sentenced Petitioner to 48 years in the Department of Correction. This court affirmed the trial court’s revocation and sentence imposed on appeal. See State v. Adarion C. Morris, No. M2018-02034-CCA-R3-CD (Tenn. Crim. App. Dec. 5, 2019), no perm. app. filed. Petitioner subsequently filed a post-conviction petition alleging that he received ineffective assistance of counsel when entering his guilty pleas, which rendered his pleas unknowing and involuntary. He also alleged counsel was ineffective at the revocation hearing and re-sentencing for not challenging the legality of the original community corrections sentence. After a hearing, the post-conviction court concluded Petitioner’s ineffective assistance of counsel claims regarding the guilty pleas were untimely and that the ineffective assistance of counsel claim relative to the revocation and re-sentencing was without merit. Petitioner appeals, arguing that he is entitled to due process tolling of the limitations period for his claims regarding his guilty pleas. After review, we affirm the judgment of the post-conviction court.

Posted by: Julia Wilburn on Jun 9, 2023

The defendant, Douglas Wayne Woods, was convicted by a Sullivan County Criminal Court jury of two counts of perjury, a Class A misdemeanor. See T.C.A. § 39-16- 702(a)(1) (2018) (subsequently amended). The trial court imposed an effective sentence of 11 months and 29 days on probation. On appeal, the defendant contends that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court.


Previous • Page 1456 of 7,420 • Next