Articles

All Content


73,901 Posts found
Previous • Page 1124 of 7,391 • Next
Posted by: Paul Burch on Jan 30, 2024

A chancery court judge has set April 16-17 for a trial in the ongoing legal battle over how much of the Covenant School assailant’s writings should be made available to the public, reports WPLN. The plaintiffs arguing for the documents release under the Tennessee Public Records Act include the Tennessee Firearms Association, a police non-profit, The Tennessean and Sen. Todd Gardenhire, R-Chattanooga. Covenant parents who oppose release of the writings worry that release of the papers could inspire future school shootings, re-traumatize students and jeopardize the school’s safety.

Posted by: Tanja Trezise on Jan 30, 2024

This appeal concerns termination of parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Circuit Court for Gibson County (“the Trial Court”) seeking to terminate the parental rights of Kristie C. (“Mother”), Jose O. (“Father”), Jose H., and Giovani C. to the minor children D.V., G.V., J.C., H.V., K.O., A.V., C.O., and R.V. (“the Children,” collectively). After a hearing, the Trial Court entered an order terminating Mother’s and Father’s parental rights to the Children based on the ground of severe child abuse. The Trial Court found further that termination of Mother’s and Father’s parental rights is in the Children’s best interest. Mother and Father appeal. While conceding the ground of severe child abuse, they argue that the Trial Court erred in its best interest analysis, which they say was inadequate. We find, as did the Trial Court, that the ground of severe child abuse was proven against Mother and Father by clear and convincing evidence. In addition, we find that the Trial Court’s findings of fact were sufficient to underpin its best interest analysis, and that the evidence is clear and convincing that termination of Mother’s and Father’s parental rights is in the Children’s best interest. We affirm.

Posted by: Tanja Trezise on Jan 30, 2024

JOHN K. BUSH, Circuit Judge. Chinyere Ogbonna-McGruder sued her employer, Austin Peay State University (APSU), and two of her supervisors, alleging that they engaged in racial discrimination, created a hostile work environment, and retaliated against her when she opposed their unlawful conduct. She also claimed that her supervisors violated her constitutional rights under 42 U.S.C. § 1983. The district court granted defendants’ motions to dismiss all counts for failure to state a claim. For reasons that follow, we AFFIRM.

Posted by: Tanja Trezise on Jan 30, 2024

The Petitioner, Brandon Vandenburg, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions for four counts of aggravated rape, one count of attempted aggravated rape, two counts of aggravated sexual battery, and one count of unlawful photography of the victim. On appeal, the Petitioner contends that the post-conviction court erred by denying relief on his claims alleging that he received ineffective assistance of counsel by (1) lead counsel’s failure to have a witness qualified as an expert psychiatrist at trial, (2) lead counsel’s failure to introduce prior bad act evidence regarding the Petitioner’s codefendants at trial, and (3) lead counsel’s failure to have the Petitioner’s voicemail to Mr. Quinzio admitted as an exhibit at trial. The Petitioner also raises freestanding post-conviction claims, arguing that the trial court violated the Petitioner’s protection against double jeopardy by (1) allowing him to be retried on amended charges after jeopardy had attached and (2) allowing the State to proceed with a superseding indictment without disposing of the original indictment. Following our review, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Jan 30, 2024

The Petitioner, Billy Taylor, IV, appeals the Knox County Criminal Court’s denial of his petition for post-conviction relief challenging his guilty-pleaded convictions for two counts of unlawful possession of a firearm by a convicted felon and one count of possession of methamphetamine over one-half gram with the intent to sell. The Petitioner argues that the post-conviction court erred by finding that he entered his guilty pleas knowingly and voluntarily. Specifically, the Petitioner alleges that: (1) trial counsel was ineffective by failing to explain that the plea agreement did not guarantee the Petitioner probation and treatment at a substance abuse program and (2) he was under the influence of narcotics at the time he pleaded guilty. Following our review, we affirm the judgment of the postconviction court.

Posted by: Tanja Trezise on Jan 30, 2024

The Defendant, Jeremy Wayne Stephens, appeals his conviction for theft of property valued at $1,000 or less. On appeal, the Defendant argues that (1) the evidence is insufficient to sustain his conviction, (2) the Defendant was subjected to discriminatory prosecution, and (3) the Defendant’s due process rights were violated because the Defendant received the ineffective assistance of trial counsel. We affirm the Defendant’s conviction.

Posted by: Paul Burch on Jan 30, 2024

Join the Tennessee Lawyers Assistance Program (TLAP) on March 12 from noon to 2 p.m. CDT for QPR Gatekeeper Training, a free educational training program on suicide prevention. The event will take place in person in the Nashville office of Sherrard Roe Voit & Harbison, 150 3rd Ave S. #1100, Nashville 37201. "Question, Persuade and Refer" (QPR) is designed so that anyone can learn to help save a life from suicide. Those trained in QPR know how to recognize the warning signs of a suicide crisis and how to offer help. Speakers include Lauren Castor, clinical case manager for TLAP and Erin Lynch, a member of the TLAP's Professional Clinical Team. Space is limited to 20 participants. Find out more and register.

Posted by: Tanja Trezise on Jan 30, 2024

Terrance Reese, Petitioner, appeals from the denial of his petition for habeas corpus relief, in which he alleged that he received an illegal sentence, that the trial court lacked subject matter jurisdiction, and that one of his convictions was void. The habeas corpus court summarily dismissed the petition because the judgments were valid on their face and the trial court had jurisdiction over the offenses. Petitioner appeals the dismissal of the petition. We affirm the judgment of the habeas corpus court.

Posted by: Tanja Trezise on Jan 30, 2024

The Chancery Court for Knox County (“the Trial Court”) found in this divorce action that Michael Bryant Sexton (“Husband”) was the sole owner of Furious Properties, LLC and that he had purchased two Knox County real properties and deeded them to Furious Properties, LLC. The Trial Court accordingly found that the entire interest in Furious Properties, LLC constituted marital property subject to equitable division and awarded the two Knox County properties to Louise Ann Sexton (“Wife”). The Trial Court ordered Husband or a representative of Furious Properties, LLC to convey the entire interest in the Knox County properties by quitclaim deed to Wife within thirty days of the entry of the judgment. Husband’s issues relate primarily to the property division. To the extent the Trial Court awarded property of a non-party LLC to Wife, we reverse and remand for the Trial Court to clarify its award, while acknowledging that the Trial Court may have intended to award Husband’s interest in Furious Properties, LLC, rather than the LLC’s properties themselves, to Wife. We further modify the Trial Court’s judgment to reflect that the Trial Court granted the parties a divorce on stipulated grounds and to remove language granting the parties a divorce on the ground of irreconcilable differences. We affirm the balance of the judgment. We deny Wife’s request for attorney’s fees on appeal.

Posted by: Paul Burch on Jan 30, 2024

Knox County lawyer Mark Steven Graham has received a public censure from the Tennessee Supreme Court. The court noted that Graham’s law license is currently suspended yet he filed a pro se lawsuit and identified himself in the pleading as a “lawyer” and “member of the Bar of the State of Tennessee.” Graham also signed the pleading by using the term “Esq.” and included his Board of Professional Responsibility licensure number and a designation that he was filing pro se. His actions were determined to violate Rules of Professional Conduct 7.1, 3.4 and 8.4(g).


Previous • Page 1124 of 7,391 • Next