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Posted by: Azya Thornton on Oct 30, 2024

The Defendant, Amy Upton, pleaded guilty to four counts of drug-related offenses after the trial court denied her motion to dismiss the charges or, alternatively, to suppress evidence seized on the day of her arrest. The motion pertained to the circumstances of her arrest, which occurred in Claiborne County but was effectuated by Union County deputies. As part of her plea agreement, she sought to reserve a certified question of law challenging the trial court’s decision to deny the motion. Following our review, we conclude that the certified question does not clearly identify the scope and limits of the legal issue reserved as required by Tennessee Rule of Criminal Procedure 37(b)(2)(A). Accordingly, we are without jurisdiction to consider the question. The appeal is dismissed.

Posted by: Azya Thornton on Oct 30, 2024

The Defendant, Marquis Rashum McReynolds, was convicted by a Roane County Criminal Court jury of aggravated assault with a deadly weapon, a Class C felony; aggravated robbery, a Class B felony; especially aggravated robbery, a Class A felony; reckless endangerment with a deadly weapon, a Class E felony; and employing a firearm during the commission of a dangerous felony, a Class D felony. See T.C.A. §§ 39-13- 102(a)(1)(A)(iii) (Supp. 2020) (subsequently amended) (aggravated assault); 39-13-402 (2018) (aggravated robbery); 39-13-403 (2018) (especially aggravated robbery); 39-13- 103 (2018) (subsequently amended) (reckless endangerment); 39-17-1324(b) (2018) (subsequently amended) (employing a firearm during the commission of a dangerous felony). The trial court dismissed the firearm charge and imposed an effective sentence of twenty-five years. On appeal, the Defendant contends that the trial court erred in (1) denying his request to admit the video recording of the victims’ interviews with police; (2) denying his request to sever his trial from his codefendant’s trial; and (3) failing to grant a newtrialbaseduponnewlydiscoveredevidencepresentedatthesentencinghearing. We affirm the judgments of the trial court.

Posted by: Azya Thornton on Oct 30, 2024

The Petitioner, Rodzell Lamont Mason, appeals the summary dismissal as time-barred of his petition for post-conviction relief from his guilty-pleaded conviction of second degree murder, arguing that the post-conviction court erred in finding that State v. Booker, 656 S.W.3d 49 (2022), did not establish a new constitutional right applicable to his case that would allow his claim, filed more than thirteen years after his judgment became final, to be considered. Based on our review, we affirm the summary dismissal of the petition.

Posted by: Azya Thornton on Oct 30, 2024

In a joint trial, a Davidson County jury convicted Phillip Jerome Gardner, III, and Latonia Maria Gardner of felony murder committed in the perpetration of aggravated child neglect and three counts of aggravated child neglect. Additionally, Latonia Gardner was convicted of felony murder committed in the perpetration of aggravated child abuse and one count of aggravated child abuse. Each was sentenced to life plus seventeen years. On appeal, the Defendants raise separate issues. Ms. Gardner argues that the evidence is insufficient to support her convictions. She also alleges that the trial court erred when it failed to sever offenses; improperly admitted expert testimony and video evidence; gave a misleading supplemental jury instruction; and imposed consecutive sentencing. Mr. Gardner similarly challenges the sufficiency of the evidence supporting his convictions. He also argues that the trial court erred when it took under advisement his motion for a judgment of acquittal; failed to sever the Defendants; failed to exclude evidence of the victim’s prior injuries; failed to instruct the jury on his alibi defense; and gave the same misleading supplemental jury instruction. Upon review, the court affirms Ms. Gardner’s conviction and life sentence for felony murder in perpetration of aggravated child abuse. However, the court agrees with the parties that the jury was improperly instructed on one aggravated child neglect count, and we remand that count and its associated felony murder count for a new trial as to both Defendants. With the parties’ agreement, we also reverse the order for consecutive sentences in Ms. Gardner’s cases and remand for the trial court to consider the factors outlined in State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995). Finally, we remand both cases for entry of corrected judgments of conviction. In all other respects, we respectfully affirm the judgments of the trial court.

Posted by: Azya Thornton on Oct 30, 2024

Petitioner, Gary Lee Bragg, Jr., claims that trial counsel provided ineffective assistance by failing to request that the jury be instructed on the lesser-included offenses of aggravated burglary. The post-conviction court found that trial counsel “was deficient for not requesting applicable lesser-included jury instructions” but found that “Petitioner was not prejudiced as a result” and denied relief. We determine that trial counsel’s decision not to request an instruction on lesser-included offenses was an “informed choice based upon adequate preparation,” Moore v. State, 485 S.W.3d 411, 420 (Tenn. 2016), and that Petitioner failed to overcome the presumption that counsel provided adequate assistance and used reasonable professional judgment to make the strategic decision to employ an “all-or-nothing” defense strategy. We agree with the post-conviction court’s ruling that Petitioner failed to prove the prejudice prong of Strickland v. Washington, 466 U.S. 668, 687 (1984). Discerning no reversible error, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Oct 30, 2024

Appellant appeals the chancery court’s decision to affirm the Tennessee Department of Labor and Workforce Development’s determination that he was overpaid unemployment benefits. Because we have determined that the appellant failed to comply with the applicable rules regarding appellate briefing, we dismiss this appeal.

Posted by: Azya Thornton on Oct 30, 2024

After declaring the parties divorced, the trial court fashioned a permanent parenting plan for their minor child. The plan designated the mother as the primary residential parent and gave the father 80 days of parenting time each year. The father argues that the trial court abused its discretion in adopting a parenting plan that failed to maximize his parenting time. We affirm.

Posted by: Azya Thornton on Oct 30, 2024

The assignee of a contract for the sale of real property appeals the dismissal of its claims against a third party for civil conspiracy to commit breach of contract, tortious interference with a contractual relationship, and statutory inducement of breach of contract. The trial court granted summary judgment in favor of the defendant third party based on its conclusion that the third party had no notice of the contract at issue and did not act maliciously. We vacate the grant of summary judgment and remand for further proceedings.

Posted by: Liz Slagle Todaro on Oct 30, 2024

The TBA is adding to its grassroots advocacy resources with a new primer on indigent representation, which will provide updated information on the role and importance of appointed counsel in our justice system. Topics will explore basics and real-world questions about Tennessee's system, as well as examples and innovations from other jurisdictions. These resources and more can be accessed on the TBA's Indigent Representation Resources page and will be shared across TBA's communications platforms. Those who would like to receive policy and advocacy updates by email, can sign up here.

Posted by: Azya Thornton on Oct 30, 2024

Sharon J. Bell, retired Knox County chancellor, died Oct. 27 at the age of 80. Bell earned her law degree from the University of Tennessee College of Law and served in the Tennessee House of Representatives from 1978 to 1982 before becoming a judge on the Knox County General Sessions Court, where she served for four years. In 1986, she was elected as the first woman chancellor in the state of Tennessee. She retired from the bench in 2006. Throughout her career, Bell handled a range of cases, including adoptions and family law. She also dealt with high-profile issues, such as a dispute over public records held by the Knox County Sheriff’s Office and the role of the county law director in relation to the school board. Read more about Bell’s life in an article from News 10. Memorial services will be held at Rose Funeral & Cremation – Mann, 6200 Kingston Pike, Knoxville 37919 on Nov. 2 at 2 p.m. EDT with visitation from 1 to 2 p.m. Memorial donations may be made to the Humane Society of Tennessee Valley, P.O. Box 51723 Knoxville, TN 37950.


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