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Posted by: Karen Belcher on May 8, 2023

A Shelby County Criminal Court jury convicted the Defendant, Latosha Starks-Twilley, of first degree premeditated murder, and the trial court imposed a sentence of life imprisonment. On appeal, the Defendant argues: (1) the trial court erred in allowing the State to ask the defense expert prejudicial questions; (2) the trial court erred in allowing the State to ask the defense expert whether the Defendant met the criteria for antisocial personality disorder; (3) the trial court erred in prohibiting the defense from asking its own expert about whether the Defendant lacked the capacity to form the mens rea required for the offense; (4) the trial court erred in denying the Defendant’s request for the pattern jury instruction on reckless homicide; (5) the trial court erred in admitting certain photographs of the deceased victim into evidence; and (6) the evidence is insufficient to sustain her conviction. After review, we affirm the judgment of the trial court.

Posted by: Karen Belcher on May 8, 2023

The defendant, Isaias Rodriguez, was convicted of rape of a child, a Class A felony, and sentenced to forty years at 100% in the Department of Correction. On appeal, the defendant argues: (1) there was insufficient proof of the forensic interviewer’s years of experience as required by statute for admission of the victim’s forensic interview; (2) the trial court erred in failing to make specific findings regarding the qualifications of the child advocacy center as required by statute for admission of the victim’s forensic interview; and (3) the evidence is insufficient to sustain the defendant’s conviction without the improperly admitted forensic interview of the victim. After review, we affirm the trial court’s finding regarding the interviewer’s years of experience and determine the defendant has waived his issue regarding the qualifications of the child advocacy center. In addition, we determine that the evidence is sufficient to sustain the defendant’s conviction. Therefore, we affirm the judgment of the trial court.

Posted by: Karen Belcher on May 8, 2023

The Defendant, Tavarius Goliday, was convicted in the Montgomery County Circuit Court of first degree premeditated murder, conspiracy to commit first degree murder, and reckless endangerment with a deadly weapon and received an effective sentence of life in confinement. On appeal, the Defendant contends that the trial court erred by overruling his objection to evidence about a gang-related tattoo on his hand and that the evidence is insufficient to support his convictions. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court but remand the case for correction of the judgment of conviction as to count one, first degree murder.

Posted by: Karen Belcher on May 8, 2023

The Petitioner, Eric Foster, appeals the Knox County Criminal Court’s dismissal of his petition for post-conviction relief from his convictions for one count of aggravated rape, two counts of rape, one count of statutory rape, and one count of exhibition of harmful material to a minor. On appeal, the Petitioner argues that the post-conviction court erred by dismissing his petition for post-conviction relief as untimely. The Petitioner argues that he is entitled to due process tolling of the statute of limitations because he pursued his rights diligently and there were extraordinary circumstances preventing his timely filing. We affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on May 8, 2023

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

Posted by: Paul Burch on May 5, 2023

The U.S. Supreme Court agreed to halt the scheduled execution of Oklahoma death row inmate Richard Glossip on Friday while justices consider two pending petitions for appeal as reported by Reuters. Oklahoma Attorney General Gentner Drummond had earlier filed a motion urging an Oklahoma appeals court to vacate the conviction and return the case to the federal district court. In a statement, Drummond said an independent counsel investigation had “cast doubt on the conviction.”  

Posted by: Tanja Trezise on May 5, 2023

COLE, Circuit Judge. Jogelly Paola Turcios-Flores petitions for review of the Board of Immigration Appeals’ order affirming the Immigration Judge’s denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture. The Board correctly denied Turcios-Flores’s application for protection under the Convention Against Torture and her asylum application insofar as it relates to her membership in her husband’s family. But because the Board’s decision with respect to two of Turcios-Flores’s additional proposed social groups was not supported by substantial evidence, and because the withholding-of-removal analysis was flawed, we grant the petition in part, deny the petition in part, and remand for further proceedings.

Posted by: Tanja Trezise on May 5, 2023

JOHN K. BUSH, Circuit Judge. Former inmate Asheton Morgan sued Michigan prison officials for allegedly violating his free exercise rights by failing to provide him with meals consistent with his religion. Morgan filed a grievance with the prison five days after he arrived alleging the failure to provide the proper meals. But the district court granted summary judgment to defendants based on Morgan’s failure to exhaust administrative remedies pursuant to the Prison Litigation Reform Act of 1995, 110 Stat. 1321, as amended, 42 U.S.C. § 1997e et seq. (PLRA). The PLRA requires prisoners to follow a prison’s grievance procedures before challenging prison conditions in court. The district court held that Morgan’s grievance only covered the failure to provide meals up until the date of the grievance, so Morgan should have filed further grievances as to the alleged free exercise violation. But Morgan already put the prison officials on notice of unconstitutional conduct, and therefore requiring repeat grievances for the same course of conduct would exceed the requirements of the PLRA. Accordingly, we REVERSE.

Posted by: Paul Burch on May 5, 2023

Attendees at the TBA Annual Convention this summer in Knoxville will visit the new social deck at Neyland Stadium for a joint Bench/Bar Reception. The event will take place June 15 from 7 to 9 p.m. EDT and will feature a variety of food stations, refreshments and live music. Get more details and learn about other featured events during the June 14-17 convention, headquartered at the Marriott Knoxville Downtown Hotel.

Posted by: Tanja Trezise on May 5, 2023

MURPHY, Circuit Judge. While on supervised release for a 2012 felon-in-possession conviction, Leonel Hinojosa shot a man and robbed the man’s companion of drugs and money. The federal government charged Hinojosa with a fresh set of crimes for this misconduct. A jury convicted him of three offenses, and a district court sentenced him to 240 months’ imprisonment. The court separately revoked Hinojosa’s supervised release and imposed a consecutive 24-month sentence for his 2012 offense. In these consolidated appeals, Hinojosa challenges his convictions and sentences. We affirm his convictions and the 24-month sentence for his supervised-release violations. But the district court applied the wrong law when calculating Hinojosa’s guidelines range for his new offenses. So we vacate his 240-month sentence and remand for resentencing.


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