APPELLATE COURT OPINIONS

The Petitioner, Jeremy Jarvis, appeals the denial of post-conviction relief, alleging ineffective assistance by counsel. Petitioner alleges that trial counsel was unaware of the law concerning self-defense until trial and was ineffective by asserting the defense of self-defense with regard to the death of an innocent third person; and was ineffective by failing to attempt to negotiate a settlement of the case short of trial. Finding that the court properly denied post-conviction relief, we affirm the judgment of the post-conviction court.

The appellant, Charles Franklin Smith, appeals as of right from the judgments of the Knox County Criminal Court convicting the appellant of two counts of burglary. The appellant’s counsel has filed a motion to withdraw pursuant to Rule 22 of the Rules of the Tennessee Court of Criminal Appeals. We conclude that the motion is well-taken and, in accordance with Rule 22(F), affirm the trial court’s judgments pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.

A doctor employed by a state mental health facility lost his job in a reduction in force. He claims this action was the result of complaints he made about the facility. The trial court granted summary judgment in favor of the defendants. Because the doctor failed to present evidence to establish an issue of material fact (after the defendants shifted the burden to the doctor), we affirm the trial court’s decision.

The defendant, Andrew Quinn, appeals a certified question of law pertaining to the stop of his vehicle and the denial of a motion to suppress. Finding no error, we affirm the judgment of the trial court.

Father of one child appeals the termination of his parental rights on the grounds of abandonment by wilful failure to support and visit and the finding that termination of his parental rights would be in the child’s best interest. Finding no error we affirm.
 

The defendant was indicted for first degree premeditated murder, attempted first degree murder, carjacking, aggravated assault, employing a firearm in the commission of a dangerous felony, and felony evading arrest. After the defendant was determined to be competent to stand trial, counsel filed a motion asking that the defendant be allowed to present expert proof of a mental disease or defect to show that he could not form the requisite state of premeditation. The State objected to the introduction of this evidence, and the defendant responded by asserting that, while the expert witness could not state unequivocally that he could not form the requisite intent, the testimony was admissible as bearing on the defendant’s intent. Following a hearing, the trial court denied the State’s motion to bar this testimony. The State then requested, and the trial court granted, the filing of a Tennessee Rule of Appellate Procedure 9 appeal, which this court granted. Following our review, we agree with the State that the proferred evidence is inadmissible, reverse the order of the trial court, and remand this matter for further proceedings consistent with this opinion.

The pro se petitioner, Marvin Green, appeals the dismissal of two petitions for habeas corpus relief. He was sentenced to fifteen years under the Drug Free School Zone Act. He argues that he is a standard offender and should be released after service of thirty percent of the sentence, and he alleges errors in his indictment. Finding no error, we affirm the judgment of the trial court.

The pro se petitioner, Craig Beene, appeals the summary dismissal of a petition for habeas corpus relief. Petitioner alleges he did not enter a knowing and voluntary guilty plea. The habeas court found he had litigated this issue in his post-conviction hearing, and it was not a proper subject for habeas corpus relief. Finding no error, we affirm the judgment of the trial court.

Michael Anthony Lewis (“the Petitioner”) filed a petition for a writ habeas corpus regarding his conviction for attempt to commit first degree premeditated murder. The habeas corpus court summarily dismissed the petition, and this appeal followed. Upon our thorough review of the record and applicable law, we affirm the habeas corpus court’s judgment.

This appeal involves termination of parental rights. While she was pregnant, the mother of the child at issue made threats to harm herself and the unborn child. Both of the parents are mentally impaired. The mother has other serious disorders as well, and the father is a registered sex offender. The state took the child into protective custody four days after the child was born. The Tennessee Department of Children’s Services filed a petition to terminate the parental rights of both parents on grounds of mental incompetence and persistent conditions. After a trial, the trial court found by clear and convincing evidence that the Department of Children’s Services had established grounds for termination and that termination of parental rights was in the child’s best interest. Discerning no error, we affirm.

The Defendant, Ronald Lee West, Jr., appeals from his jury convictions for initiation of a process intended to result in the manufacture of methamphetamine, Count 1, and possession of drug paraphernalia, Count 2. In this appeal, he alleges (1) that the evidence presented at trial is insufficient to sustain his conviction in Count 1; (2) that the trial court erred in refusing to grant his request for a mistrial after improper character evidence was admitted by a witness at trial; and (3) that the trial court also erred in declining to apply any mitigating factors, resulting in a longer sentence. Upon consideration of the record and the applicable authorities, we affirm the judgments of the trial court.

Appellant, Larry Baltimore, was acting as a bail bondsman in Dyer County at the time this Court decided in In re: The Application of Tony Cox (Seeking to Qualify as Agent for Memphis Bonding), 389 S.W.3d 794 (Tenn. Crim. App. 2012), that a convicted felon could not act as a bail bondsman under Tennessee Code Annotated section 40-11-128. After Cox was decided, the trial court determined that Appellant could not be a bail bondsman because of a previous conviction for felony assault. Appellant appeals from this order and asks this Court to reverse its decision in Cox. After a thorough review of Appellant’s arguments, we find no reason to reverse our earlier determination. Therefore, the trial court’s decision is affirmed.

The defendant, Joshua Ethen Doyle, appeals a certified question of law pertaining to the stop of his vehicle, and the denial of a motion to suppress the breath alcohol test. Finding no error, we affirm the judgment of the trial court.
 

Stormy Condry (“the Defendant”) pleaded guilty to two counts of attempt to commit aggravated assault and reserved a certified question of law concerning the retroactivity of an amendment to Tennessee Code Annotated section 39-13-107 (Supp. 2011). The Defendant contends that the amendment should be applied retroactively so as to render her conduct non-criminal. Upon our thorough review of the record and applicable law, we reject the Defendant’s argument and affirm the trial court’s judgments.

The divorce in this case brought to an end the thirteen-year marriage of David Ray Hoggatt (“Husband”) and Lori Ann Hoggatt (“Wife”). The trial court classified, valued, and distributed the parties’ property. On this appeal, Husband challenges aspects of the division of marital property. We modify the amount that the trial court ordered Wife to pay Husband in the property division. In all other respects, the trial court’s judgment is affirmed.

I respectfully dissent from the majority’s opinion affirming the trial court’s division of the marital property as modified by the majority. I believe the evidence preponderates against the trial court’s property division, even as modified by the majority, as being an equitable division of the marital property.

Defendant, Phtra Oum, was indicted by the Montgomery County grand jury for first degree premeditated murder, attempted second degree murder, and possession of a firearm during the commission of a dangerous felony. Following a jury trial, Defendant was convicted of first degree premeditated murder and possession of a firearm with intent to go armed during an attempt to commit second degree murder. The trial court set aside the firearm conviction and sentenced Defendant to life imprisonment for his first degree murder conviction. Defendant appeals his conviction, asserting that the evidence was insufficient to sustain a conviction for first degree murder. We conclude that the evidence was sufficient to sustain Defendant’s conviction and affirm the judgment of the trial court.

Deborah R. Smith (“Plaintiff”) sued John P. Stanley and Dinah Stanley (“Defendants”) with regard to injuries Plaintiff suffered when she fell down stairs while visiting a cabin (“the Cabin”) owned by Defendants. Defendants filed a motion for summary judgment. After a hearing, the Circuit Court for Sevier County (“the Trial Court”) granted Defendants summary judgment after finding and holding that Defendants owed no duty to Plaintiff. Plaintiff appeals the grant of summary judgment. We find and hold, as did the Trial Court, that there are no genuine disputed issues of material fact, and that Defendants have shown that Plaintiff cannot establish an essential element of her claim, specifically duty. We, therefore, affirm the grant of summary judgment.

Defendant, Dustin Mark Vaughn, entered guilty pleas to the promotion of methamphetamine manufacture and the initiation of the process to manufacture methamphetamine. After a sentencing hearing, the trial court sentenced Defendant to concurrent sentences of four years for the promotion of methamphetamine manufacture conviction and twelve years for the methamphetamine initiation process conviction. The trial court denied Defendant’s request for alternative sentencing. On appeal, Defendant argues that the trial court erred by denying his request for alternative sentencing. After a thorough review of the record, we affirm the judgment of the trial court.

The Petitioner, Kevin Allen Gentry, appeals the Sevier County Circuit Court’s denial of post-conviction relief from his conviction for rape of a child. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court.

Appellant, Brian G. Wallace, pled guilty to five counts of attempted especially aggravated exploitation of a minor and one count of attempted sexual battery. The plea was an open guilty plea, and the trial court sentenced Appellant to an effective sentence of eighteen years which included consecutive sentencing. On appeal, Appellant argues that the trial court erred in imposing consecutive sentences. After a thorough review of the record, we affirm the judgments of the trial court.
 

Appellant appeals from the trial court’s denial of his motion to suspend the balance of a six-year sentence he was serving in the Rutherford County jail. He claims that the trial court erred; (1) in limiting Appellant’s opportunity to present proof at the motion hearing; (2) denying his motion to suspend sentence because of a waiver included in a probation violation agreement; (3) denying Appellant’s motion on an improper basis; and (4) that Appellant received ineffective assistance of counsel at the motion hearing. Discerning no error, we affirm the judgment of the trial court.

This is a termination of parental rights case, focusing on Garvin M. and Brianna M., the minor children (“the Children”) of Ryan M. (“Father”) and Jennifer M. (“Mother”). In July 2012, the Children were taken into protective custody by the Tennessee Department of Children’s Services (“DCS”) and placed in foster care. DCS filed a petition to terminate the parental rights of Mother and Father on February 26, 2013. The petition alleged as statutory grounds for termination: (1) severe child abuse, (2) abandonment by the parents’ failure to provide a suitable home, (3) substantial noncompliance with the permanency plan, (4) persistent conditions, and (5) abandonment by an incarcerated parent who exhibits wanton disregard for the Children’s welfare prior to incarceration. Following a bench trial, the trial court granted the petition as to both parents upon finding that DCS had proven all of the grounds alleged by clear and convincing evidence. The court also found, by clear and convincing evidence, that termination of Mother’s and Father’s parental rights was in the
Children’s best interest. Father has appealed. Discerning no error, we affirm.

Petitioner, Selwyn Forbes George, was indicted by the Davidson County Grand Jury for one count of possession with intent to sell or deliver .5 grams or more of cocaine in a drug-free school zone. Petitioner entered a negotiated plea agreement in which he pled guilty to possession of more than .5 grams of cocaine for resale in exchange for a twenty-year sentence to be served as a Range I, standard offender. Petitioner subsequently filed a petition for post-conviction relief in which he alleged that trial counsel was ineffective. After a hearing, the post-conviction court denied relief. Petitioner appeals. After a review, we determine that Petitioner has failed to show clear and convincing evidence that he received ineffective assistance of counsel. Further, we determine that Petitioner has failed to show that his guilty plea was involuntarily or unknowingly entered. As a result, we affirm the judgment of the post-conviction court.

The appellant, Christopher D. Seals, pled guilty to aggravated burglary, and the trial court imposed a sentence of three years in the Tennessee Department of Correction. On appeal, the appellant asserts that the trial court erred by denying judicial diversion and in determining the amount of restitution. Upon review, we affirm the judgment of the trial court.