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Posted by: Tanja Trezise on Jul 2, 2024

The Defendant, Gary Lynn Hart, was convicted in the Chester County Circuit Court of two counts of possession of a firearm after having been convicted of a violent felony, a Class B felony; one count of theft of property valued more than one thousand dollars, a Class E felony; and one count of resisting arrest, a Class B misdemeanor, and received an effective sentence of thirty-one years in confinement. On appeal, the Defendant claims 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.

Posted by: Tanja Trezise on Jul 2, 2024

Defendant, Joey Godwin, filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, challenging his two convictions for the sale of .5 grams or more of cocaine and resulting 60-year sentence. The trial court summarily denied the motion. Defendant appeals. Because Defendant failed to state a colorable claim, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jul 2, 2024

A Henry County jury convicted the Defendant, Joshua Lee Enoch, of two counts of rape and one count of aggravated statutory rape, and the Defendant received an effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the Defendant raises the following issues: (1) whether the evidence was legally sufficient to sustain his convictions; (2) whether the trial court committed plain error in denying two motions for a competency evaluation; (3) whether the trial court committed plain error in denying his motion for a continuance; and (4) whether he is entitled to relief on the basis of cumulative error. Upon our review, we respectfully affirm the judgments of the trial court.

Posted by: Tanja Trezise on Jul 2, 2024

The Defendant, Jeffrey L. Brousseau, appeals from his guilty-pleaded convictions for possession with the intent to deliver or sell one-half gram or more of methamphetamine; possession with the intent to deliver or sell marijuana; theft of property valued at $1,000 or less; driving while in possession of five grams of methamphetamine; and driving on a suspended license. Pursuant to the terms of the plea agreement, the Defendant received an effective ten-year sentence, and the trial court was to determine the manner of service. The trial court subsequently denied the Defendant’s request for alternative sentencing, a decision the Defendant now appeals. Following our review, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Jul 2, 2024

A Montgomery County jury convicted the defendants, Jevon Brodie and Tavares Harbison, each of one count of aggravated robbery, one count of theft of property greater than $10,000, but less than $60,000, and one count of theft of property under $500. Brodie was additionally convicted of two counts of reckless homicide and received an effective sentence of sixteen years in confinement. Harbison was also convicted of two counts of criminally negligent homicide and received an effective sentence of fourteen years in confinement. On appeal, the defendants contend that (1) the juvenile court erred in transferring their cases to circuit court without making individualized findings; (2) the evidence was insufficient to sustain a conviction for theft greater than $10,000; and (3) the trial court erred in sentencing the defendants. Additionally, Brodie insists that the trial court erred in instructing the jury on causation and that the prosecutor’s statements during summation were improper. Upon review of the record, the parties’ briefs, oral arguments, and considering the applicable law, we affirm the decisions of the juvenile and trial courts. However, we remand for the limited consideration by the trial court as to the application of the Wilkerson factors in determining the propriety of consecutive sentencing for Tavares Harbison.

Posted by: Tanja Trezise on Jul 2, 2024

The Defendant, Scott Allen Briggs, was convicted by a Blount County Circuit Court jury of rape of a child, a Class A felony, for which he is serving a thirty-five-year sentence as a Range II offender. See T.C.A. §§ 39-13-522 (2018) (subsequently amended) (rape of a child, Range II or higher sentencing requirement). On appeal, the Defendant contends that: (1) the trial court erred in denying his motions to dismiss due to the State’s failure to preserve evidence, (2) the court erred by instructing the jury on flight, (3) the court abused its discretion in three of its evidentiary rulings, and (4) the court erred in sentencing. We affirm the judgment of the trial court.

Posted by: Stacey Shrader Joslin on Jul 2, 2024

Nashville Conflict Resolution Center CEO Shannon Wagner recently sat down with the Nashville Post to talk about her transition to the top spot at the organization. Wagner, who previously served as the center’s assistant director, took the helm in April following the retirement of Sara Figal. Wagner explains the mission of the center (offering free community mediation for a myriad of conflicts), the types of cases it accepts and her goals for increasing unrestricted giving. She also talks about her desire to see the center take more juvenile cases and expand capacity in its parenting program. Volunteer mediators need not be lawyers but must complete about 40 hours of Rule 31 training. Read more from the interview.

Posted by: Tanja Trezise on Jul 2, 2024

The trial court granted Appellee’s motion for extension of an order of protection against Appellant. Appellant argues that her due process rights were violated insofar as she was denied the opportunity to confront witnesses and offer testimony. Based on the statement of the evidence, we agree. Vacated and remanded.

Posted by: Tanja Trezise on Jul 2, 2024

In this divorce appeal, the husband challenges the trial court’s classification of real estate as marital property and its ruling regarding dissipation of the marital estate. Following a thorough review of the record, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Jul 2, 2024

Following the Decedent’s death, no original will could be found. One of his daughters filed a petition to administer a copy of a lost will, which the trial court granted. We reverse, concluding the evidence does not overcome the strong presumption in favor of revocation of the lost will.


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