Tennessee Administrative Office of the Courts

Pro se petitioner, Justin C. Howell, appeals from the summary dismissal of his petition for writ of habeas corpus relief. Upon our review, we affirm.

The Defendant, Jackson Chapman North, pleaded guilty in the Bedford County Circuit Court to two counts of vandalism valued at $2,500 or more but less than $10,000, a Class D felony, vandalism valued at more than $1,000 but less than $2,500, a Class E felony, vandalism valued at $1,000 or less, a Class A misdemeanor, and unlawful possession of a weapon, a Class C misdemeanor. See T.C.A. §§ 39-14-408 (2018) (vandalism); 39-14-105 (2018) (grading); 39-17-1307 (2018) (unlawful weapon possession). The trial court ordered partial consecutive service and imposed an effective six-year sentence, with four years, sixty days in confinement and the remainder on probation. On appeal, the Defendant contends that his sentence is excessive. We affirm the Defendant’s sentence, but as a matter of plain error, we reverse the trial court’s restitution order and remand the case for proper restitution determinations.

Property owners sued lessees for possession and back rent. Lessees counterclaimed, alleging anticipatory breach, fraud, unjust enrichment, promissory estoppel, and breach of the duty of good faith and fair dealing in conjunction with a purchase option. Property owners moved for summary judgment on their claim for possession, arguing that lessees never exercised their option to purchase. In response, lessees asserted anticipatory breach. The trial court granted partial summary judgment to property owners. After a bench trial, the court dismissed the remaining counterclaims. On appeal, lessees challenge both decisions. Discerning no reversible error, we affirm.
 

In this delayed appeal, Mario Nathaniel Wade, Defendant, challenges his convictions for robbery and carjacking. Defendant asserts that the evidence was insufficient to support the convictions, that the trial court erred by failing to require the State to make an election with respect to the carjacking charge, and that he was sentenced improperly. After review, we affirm the judgments of the trial court.

The defendant, Dwaquille Raheem Jabal, appeals the dismissal of his motion for sentence modification, arguing that he continued to serve his sentence beyond the date he was supposed to be placed on probation and that “[i]t would be inequitable for [him] not to be credited with the probation date that he was given.” Upon our review of the record and the applicable law, we affirm the judgment of the trial court.

This appeal arises from a school bullying lawsuit. Doug Zukowski and Aimee Zukowski filed suit in the Circuit Court for Hamilton County (“the Trial Court”) on behalf of their son Taylor Alexander Zukowski (“Alex,” who later joined the suit in his own right after turning 18) (“Plaintiffs,” collectively) against the Hamilton County Department of Education (“Defendant”). Plaintiffs alleged that Alex was bullied while a student at Chattanooga’s Center for Creative Arts (“CCA”), a public fine arts magnet school, and that Defendant breached its duty of care to protect Alex. Plaintiffs appeal, raising a number of issues. We find that the record does not contain the requisite clear and convincing evidence necessary to overturn the Trial Court’s credibility determinations. We also find, inter alia, that the evidence does not preponderate against the Trial Court’s factual finding that Defendant’s employees responded appropriately when Alex reported to them that he was bullied. We affirm the judgment of the Trial Court.

The petitioner, Quinton Cage, appeals the Montgomery County Circuit Court’s summary dismissal of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Also before us is the petitioner’s motion, filed pursuant to Tennessee Rule of Appellate Procedure 14, to consider post-judgment facts. Because the petitioner’s claim of a double jeopardy violation is not cognizable in a Rule 36.1 motion, we affirm the trial court’s summary dismissal of the motion to correct an illegal sentence. Furthermore, because the post-judgment facts posited by the petitioner do not relate to actions that occurred after the judgment in this case, we deny the petitioner’s motion to consider post-judgment facts.

Matthew Thomas Dotson (“Defendant”) appeals his Roane County convictions for first degree felony murder in the perpetration of aggravated child abuse, first degree felony murder in the perpetration of aggravated child neglect, aggravated child abuse, and aggravated child neglect, for which he received an effective sentence of life without parole. Defendant contends that: (1) the trial court erred in denying his motion to suppress his May 3, 2012, statements to law enforcement; (2) the State improperly elicited testimony from a witness regarding Defendant’s prior drug usage and the trial court abused its discretion by denying Defendant’s request for a mistrial following such testimony; (3) the trial court abused its discretion by admitting photographs of the victim into evidence; and (4) the evidence was insufficient to support his convictions. Following a thorough review, we affirm the judgments of the trial court but remand for entry of amended judgments reflecting proper merger of offenses as outlined below and for the imposition of sentences in Counts 4 and 5.

J. ROSS DYER, J., concurring in part and dissenting in part. While I agree with the majority’s conclusion that the criminal responsibility instruction in the instant matter was deficient, I respectfully dissent from the majority’s conclusion that the proof presented at trial is not sufficient to support a determination that the error was harmless beyond a reasonable doubt.

Because the notice of appeal in this case was not timely filed this Court lacks jurisdiction to consider this appeal.

Because the notice of appeal in this case was not timely filed this Court lacks jurisdiction to consider this appeal.

A Madison County jury convicted the Defendant, Terry Newsom, of evading arrest, reckless endangerment, and driving with a suspended license. The trial court imposed an effective three-year sentence to be served in the Tennessee Department of Correction and ordered the Defendant to pay the fines imposed by the jury. On appeal, the Defendant argues that the evidence was insufficient to support his conviction for reckless endangerment, that the trial court erred when it sentenced him, and that the fines were improperly imposed. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.