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Posted by: Azya Thornton on Apr 22, 2025

Petitioner, Johnny Tate, appeals the summary dismissal of his petition for writ of habeas corpus. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the habeas corpus court.

Posted by: Azya Thornton on Apr 22, 2025

The Defendant, Kimberly M. Smart, was convicted by a Hamilton County jury of reckless aggravated assault, for which she received a sentence of three years' incarceration. On appeal, the Defendant argues that (1) the trial court erred in admitting extrinsic evidence of awitness's prior inconsistent statement for impeachment, (2) the trial court erred ni admitting a body camera recording depicting the victim shortly after she was stabbed, and (3) the prosecutor committed misconduct by attempting to shift the burden of proof to the Defendant during closing and rebuttal arguments. Discerning no error, we affirm.

Posted by: Azya Thornton on Apr 22, 2025

Defendant, Nicholas Cornelius Conner, pled guilty to one count of the sale of 0.5 grams or more of cocaine, a Schedule II drug. He received a nine-year community corrections sentence which was later transferred to probation. Thereafter, Defendant was arrested for new drug offenses. After a hearing, the trial court revoked Defendant’s probation and ordered him to serve his original sentence incarcerated. Defendant appeals, arguing that the trial court abused its discretion by fully revoking his probation and by denying credit for time he successfully served on probation. Upon review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court.

Posted by: Laura Labenberg on Apr 22, 2025

The Diversity Leadership Institute (DLI) Class of 2025 held its graduation at the TBA's 2025 Annual Convention in Franklin. Class members were Samantha McCrory and Mary Martha Willson of Belmont University College of Law; Rebekah Ballard, Shana Singleton and Sharon Strahan of Lincoln Memorial University Duncan School of Law; Divine Dent of the University of Memphis Cecil C Humphreys School of Law; Ilse Chavez Bloss of Nashville School of Law; and Shery Girgis and Fady Megaly of Vanderbilt Law School. In addition to attending the convention, they attended the TBA Young Lawyers Division winter meeting and volunteered at the Tennessee State High School Mock Trial competition as their service project. See photos from their graduation. DLI is a six-month leadership and mentoring program for Tennessee law students in their second, third or fourth years of study. Learn more about the program on the YLD website.

Posted by: Azya Thornton on Apr 22, 2025

The Defendant, Tony Brasfield, was convicted by a Madison County Circuit Court jury of violating the rules of community supervision for life, a Class A misdemeanor; and violating the sexual offender registry for failing to register or report in person within 48 hours of establishing or changing a primary or secondary residence, a Class E felony. On appeal, the Defendant challenges the sufficiency of the evidence for his felony conviction of violating the sexual offender registry, arguing that a plain reading of the statute shows that the State failed to prove the essential elements of the offense. We agree with the Defendant. Accordingly, the Defendant’s misdemeanor conviction for violating community supervision is affirmed, but we reverse and vacate his felony conviction for violating the sexual offender registry.

Posted by: Azya Thornton on Apr 22, 2025

The Defendant, Mario Albanese, pleaded guilty to three counts of reckless aggravated assault, a Class D felony. See T.C.A. § 39-13-102(a)(1)(B) (2014) (subsequently amended). The Hawkins County Criminal Court sentenced him to an agreed-upon, nine- year sentence, suspended to probation. On appeal, he contends that the trial court erred in denying judicial diversion. We affirm the judgments of the trial court.

Posted by: Azya Thornton on Apr 22, 2025

A utility district sued a private corporation alleging that the corporation was illegally providing water services to customers in the utility district’s service area. The trial court ruled in favor of the corporation. On appeal, the district asserts that the trial court erred in requiring the district to prove that the company qualified as a “public utility” under the pertinent statute. We have concluded that the trial court erred in its interpretation of the statute. We, therefore, reverse and remand.

Posted by: Azya Thornton on Apr 22, 2025

A plaintiff was awarded a judgment against a defendant who failed to complete home improvement work. The defendant appeals; however, he has failed to provide an adequate record to allow for consideration of his arguments on appeal and has asked this court to perform fact-finding that is beyond the scope of our authority. We affirm the circuit court’s judgment.

Posted by: Azya Thornton on Apr 22, 2025

Mother and Father entered into an Agreed Permanent Parenting Plan. Thereafter, Father learned of information he allegedly was not privy to before, namely, that the Mother’s new husband was physically abusive, had been using drugs, and has an extensive criminal record; additionally, new incidents involving domestic violence and other criminality occurred involving Mother’s new husband. In response, Father sought to modify the parenting plan. The Juvenile Court modified the plan, reducing the number of days of Mother’s visitation and limiting Mother to supervised visitation. Mother appeals the trial court’s modifications. We affirm.

Posted by: Azya Thornton on Apr 22, 2025

A homeowners’ association sued a resident for violations of neighborhood regulations. The resident did not answer requests for admission. The trial court found that the requests were, therefore, admitted and granted a judgment for the association. The resident appealed. We affirm.


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