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Posted by: Azya Thornton on Dec 3, 2024

The Defendant, Roderick Redmond, was convicted by a Shelby County Criminal Court jury of rape of a child, a Class A felony, and aggravated sexual battery, a Class B felony. See T.C.A. §§ 39-13-522 (Supp. 2020) (subsequently amended) (rape of a child), 39-13- 504 (2018) (aggravated sexual battery). The trial court sentenced him to consecutive sentences of thirty years for rape of a child and ten years for aggravated sexual battery, for an effective forty-year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court.

Posted by: Azya Thornton on Dec 3, 2024

The defendant, Joshua L. Hutcherson, pleaded guilty to four counts of vehicular assault, two counts of driving on a revoked license with a prior DUI, one count of leaving the scene of an accident with injuries, four counts of reckless aggravated assault, and one count of felony reckless endangerment, and the trial court imposed an effective sentence of fourteen years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying alternative sentencing and in failing to apply an appropriate mitigating factor. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. However, we remand the case for corrected judgment forms.

Posted by: Azya Thornton on Dec 3, 2024

The Defendant, David Alexander Hayes, was convicted by a Knox County Criminal Court jury of resisting arrest, a Class B misdemeanor. See T.C.A. § 39-16-602 (2018). The Defendant was sentenced to ninety days’ probation. On appeal, he contends that the evidence is insufficient to support his conviction. We affirm the judgment of the trial court.

Posted by: Azya Thornton on Dec 3, 2024

The Defendant, Jaylon Hatch, was convicted by a Shelby County Criminal Court jury of attempted premeditated first degree murder, a Class A felony; aggravated assault in concert with two or more persons, a Class B felony; reckless endangerment by discharging a firearm into a habitation, a Class C felony; and employing a firearm during the commission of a dangerous felony, a Class C felony. See T.C.A. §§ 39-13-202 (first degree murder), 39-13-102 (Supp. 2019) (subsequently amended) (aggravated assault), 39-13-103 (Supp. 2019) (reckless endangerment), 39-17-1324 (Supp. 2019) (subsequently amended) (employing a firearm). The trial court imposed an effective twenty-one-year sentence. On appeal, the Defendant contends that the evidence is insufficient to establish that he was the perpetrator of the conviction offenses because they are based on the uncorroborated testimony of an accomplice. We affirm the judgments of the trial court.

Posted by: Azya Thornton on Dec 3, 2024

Petitioner, Tracy L. Harris, pleaded guilty in Carroll County Circuit Court to first degree murder and aggravated rape and was sentenced to an effective sentence of life without parole. After unsuccessful challenges to his convictions and sentences in Tennessee and federal courts, Petitioner filed a pro se petition pursuant to the Post-Conviction DNA Analysis Act of 2001 (“The Act”), Tennessee Code Annotated section 40-30-301, et. seq., requesting DNA analysis on several items and samples taken from the crime scene. After the State responded in opposition, the post-conviction court dismissed the petition without a hearing and found that Petitioner had not met the statutory requirements of the Act. On appeal, Petitioner challenges the post-conviction court’s dismissal of his petition. We conclude that the post-conviction court did not err in dismissing the petition, and we affirm.

Posted by: Azya Thornton on Dec 3, 2024

The defendant, William Paul Climer, was indicted by the Dyer County Grand Jury for one count of aggravated kidnapping and two counts of aggravated assault. On September 8, 2023, the defendant pled guilty to one count of aggravated assault. Per the terms of his plea agreement, the defendant agreed to be sentenced as a Range II, multiple offender with the length and manner of service to be determined by the trial court. Additionally, the State agreed to dismiss the aggravated kidnapping charge and the second count of aggravated assault. After a sentencing hearing, the trial court sentenced the defendant to a term of six years’ incarceration and imposed a fine of $2500. On appeal, the defendant contends the trial court erred in denying alternative sentencing and in imposing a fine without making the appropriate findings. Upon our review of the record, the parties’ briefs, and the applicable law, we affirm the trial court’s denial of alternative sentencing; however, the trial court failed to make the appropriate findings concerning the imposition of the $2500 fine, and therefore, we remand the matter to the trial court to determine if a fine is appropriate and make such findings as necessary.

Posted by: Stacey Shrader Joslin on Dec 3, 2024

The Tennessee Court of Appeals recently dismissed a lawsuit brought against the city of Memphis over a backlog of more than 12,000 untested rape kits, the Commercial Appeal reports. A second ruling, issued the same day, also reversed a ruling from the Shelby County Circuit Court that a group of women could convert the suit into a class action. Three women initially sued the city due to the backlog. A third woman eventually joined the lawsuit with claims from the 1990s. Issues in the case centered on whether the city could be held liable under the Governmental Tort and Liability Act (GTLA) and whether the state’s lack of an equitable tolling statute or class action tolling statute disallowed the claim. The appeals court found that claims brought under the GTLA required “strict compliance” with its terms, including a statute of limitations. Read the opinion.

Posted by: Azya Thornton on Dec 3, 2024

This appeal concerns the termination of parental rights. Tamara R. (“Mother”) is the mother of minor child Tayla R. (“the Child”). Jesse R. (“Legal Father”) is the Child’s legal father, having married Mother on the day that the Child was born. The Child was removed into state custody based on Mother’s drug use while pregnant and environmental concerns in the home. The Tennessee Department of Children’s Services (“DCS”), and the Child’s foster parents Autumn M. (“Foster Mother”) and Drannon M. (“Foster Father”) (“Foster Parents,” collectively), filed a petition in the Chancery Court for Putnam County (“the Chancery Court”) seeking to terminate Mother’s and Legal Father’s parental rights to the Child. The Chancery Court terminated Mother’s and Legal Father’s parental rights on several grounds. Aside from a few token visits with the Child, Mother and Legal Father essentially did nothing on their case, declining to cooperate with DCS or even allow DCS inside their residence, an RV camper. Neither Mother nor Legal Father paid any child support whatsoever for the Child. We affirm.

Posted by: Azya Thornton on Dec 3, 2024

A patient brought a health care liability action against his psychiatrist and the psychiatrist’s employer, alleging the psychiatrist engaged in improper sexualized conduct that caused him psychological injury. The patient secured an expert witness in support of his suit, but the expert withdrew following the expert’s deposition. The patient obtained a new expert witness. However, relying on the cancellation rule, the trial court determined a conflict existed between the second expert’s affidavit and deposition testimony relating to the issue of damages. The trial court granted summary judgment to the defendants and also granted the defendants’ request for an award of discretionary costs. The patient appeals. We affirm.

Posted by: Azya Thornton on Dec 3, 2024

The juvenile court terminated a mother’s parental rights to two of her children. The mother appealed and challenges the court’s determination that clear and convincing evidence established grounds for termination and that termination of her rights was in the children’s best interests. We find no error and affirm.


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