Articles

All Content


73,839 Posts found
Previous • Page 19 of 7,384 • Next
Posted by: Azya Thornton on May 28, 2026

Petitioner, Kevin Waggoner, appeals the denial of his petition for post-conviction relief, arguing (1) the trial court participated in an ex parte jury proceeding which violated his right to an impartial jury; (2) his trial counsel was ineffective for failing to attend the jury proceeding at the local high school; (3) his trial counsel was ineffective for failing to move to remove a juror who admitted during trial that she knew one of the State’s witnesses; (4) his appellate counsel was ineffective for failing to request a subpoena duces tecum for a single record from a juror’s Facebook record; (5) the post-conviction court erred in denying a subpoena duces tecum for the juror’s Facebook account; and (6) the cumulative errors undermine confidence in the verdict. Upon review of the entire record, the briefs and arguments of the parties, and the applicable law, we affirm the judgment of the post-conviction court.

Posted by: Azya Thornton on May 28, 2026

Defendant, Roderick Darnell Stafford, was indicted by the Davidson County Grand Jury for two counts of aggravated assault with a deadly weapon in Counts 1 and 2, one count of possessing a firearm after being convicted of a felony drug offense in Count 3, and one count of possessing a firearm after being convicted of a misdemeanor crime of domestic violence in Count 4. Defendant pleaded guilty as charged in Counts 2 and 3, with the trial court to determine the length, manner, and alignment of service. After a sentencing hearing, the trial court sentenced Defendant to four years’ confinement for Count 2 and five years’ confinement for Count 3, ordering the sentences to run consecutively for an effective sentence of nine years’ confinement. The remaining counts were dismissed. On appeal, Defendant argues that the trial court erred by (1) imposing enhanced sentences, (2) ordering consecutive alignment of his sentences, and (3) ordering him to serve his sentences in confinement. After review, we remand the matter to the trial court for entry of judgment forms for Counts 1 and 4. In all other respects, we affirm the judgments of the trial court.

Posted by: Azya Thornton on May 28, 2026

A Madison County jury convicted the defendant, Jeremy Brian Poe, of one count of theft of property greater than $10,000, but less than $60,000. On appeal, the defendant contends the evidence was insufficient to sustain his conviction, and the trial court erred in sentencing the defendant as a Range III offender. Upon our review of the record, the parties’ briefs, oral argument, and the applicable law, we affirm the defendant’s conviction. However, following our review of the defendant’s sentence, we conclude the trial court erred in its application of Tennessee Code Annotated section 40-35-107(b) and in finding the defendant to be a Range III, persistent offender. Accordingly, the defendant’s Range III sentence requires reversal, and we remand this matter for resentencing.

Posted by: Azya Thornton on May 28, 2026

The Defendant, Laquala Malone, pled guilty in the Shelby County Criminal Court to one count of aggravated assault. Following a sentencing hearing, the trial court denied the Defendant’s application for judicial diversion and imposed a three-year sentence to be served on supervised probation. The Defendant appeals, arguing that the trial court erred by denying her request for judicial diversion. Discerning no error, we affirm.

Posted by: Azya Thornton on May 28, 2026

Petitioner, James Hudgins, was convicted in 2014 of first degree murder. State v. Hudgins, No. E2015-01363-CCA-R3-CD, 2016 WL 4413281, at *1 (Tenn. Crim. App. Aug. 18, 2016), perm. app. denied (Tenn. Oct. 19, 2016). His conviction was affirmed on appeal. Petitioner sought post-conviction relief, alleging ineffective assistance of counsel, including a claim that counsel was ineffective for failing to present evidence that Petitioner’s mother told multiple people she drugged him with Xanax on the day of the shooting. Hudgins v. State, No. E2019-02173-CCA-R3-PC, 2020 WL 7589670, at *1 (Tenn. Crim. App. Dec. 22, 2020), perm. app. denied (Tenn. Apr. 7, 2021). Petitioner was unsuccessful in pursuing post-conviction relief. Petitioner then filed a petition for writ of error coram nobis alleging that newly discovered evidence existed to show that his mother drugged him on the night of the shooting. In a supplement to the petition, Petitioner acknowledged the petition was untimely but claimed that he was entitled to equitable tolling of the statute of limitations. After a hearing, the coram nobis court issued an order denying the petition. Petitioner appealed. After a review, we affirm the judgment of the coram nobis court.

Posted by: Azya Thornton on May 28, 2026

Following a trial, a jury found Defendant, Brian R. Gadbois, guilty of ten counts of rape of a child, three counts of aggravated assault, seven counts of aggravated sexual battery, and four counts of indecent exposure, for which the trial court imposed an effective sentence of 475 years. On appeal, Defendant contends that: (1) the trial court erred in not granting his request for a mistrial; (2) the trial court abused its discretion when it denied his motion to sever offenses while simultaneously granting the State’s motion to proceed on both of his indictments during the same trial; (3) the trial court committed plain error when it allowed the State to introduce two reports that were prepared by individuals who did not testify at trial; and (4) the trial court erred in imposing consecutive sentences. Following a thorough review, we affirm the judgments of the trial court.

Posted by: Azya Thornton on May 28, 2026

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Posted by: Azya Thornton on May 28, 2026

Appellant appeals the trial court’s judgment in favor of Appellee for work performed pursuant to an oral contract between the parties. Discerning no error, we affirm.

Posted by: Azya Thornton on May 28, 2026

In this case involving termination of a mother’s parental rights to her child, the trial court determined that clear and convincing evidence supported two grounds for termination: abandonment by failure to visit and abandonment by failure to financially support the child. The trial court also found that termination was in the child’s best interest. The mother has appealed. After thorough review, we affirm the trial court’s determination relative to the ground of abandonment by failure to support. However, the evidence did not support a finding of abandonment by failure to visit, and we reverse the trial court’s determination as to that ground. We vacate, for insufficient findings of fact and conclusions of law, the trial court’s conclusion that termination was in the child’s best interest and remand this case to the trial court with instructions to conduct a thorough analysis of the best interest factors found in Tennessee Code Annotated § 36-1-113(i).

Posted by: Azya Thornton on May 28, 2026

The plaintiff in this action sought to collaterally attack a child support judgment and raised allegations of constitutional and other violations of law by several named defendants, including Child Support Services, the plaintiff’s former spouse, and the State of Tennessee. The trial court dismissed the complaint, determining, inter alia, that the plaintiff had failed to state a claim upon which relief could be granted. The plaintiff has appealed. Discerning no reversible error, we affirm.


Previous • Page 19 of 7,384 • Next