APPELLATE COURT OPINIONS

This case presents for review the decision of the Court of Appeals affirming the trial court's award of summary judgment for the defendants. The trial court found that the
record shows, as a matter of law, that the defendant banks did not breach the duty of good faith in imposing fees for returned checks drawn on accounts with insufficient funds.
This Court concurs in the decision made by the trial court and the Court of Appeals.

The petitioner, who is serving a sentence for a federal court conviction, has filed two petitions attacking prior state convictions which were used to enhance the sentence for the federal conviction. These two petitions, called petitions for the writ of coram nobis or for habeas corpus, were dismissed by the trial court without a hearing on the basis that they were actually petitions for post-conviction relief and barred by the statute of limitations. We agree with the trial court.

Mother appeals the trial court’s termination of her parental rights as to her two oldest
children. As grounds for termination the trial court found abandonment for failure to
provide a suitable home, substantial noncompliance with the permanency plan, persistent
conditions, severe child abuse, and failure to manifest a willingness and ability to assume
custody. The trial court also found that termination was in the best interest of both children.
We find that clear and convincing evidence supports the trial court’s findings as to the
grounds for termination and the best interests of the children. Accordingly, we affirm the
trial court’s judgment.

The petitioner, Jaselyn Grant, appeals the denial of her petition for post-conviction relief,
which petition challenged her convictions of second degree murder, reckless
endangerment, and aggravated assault, alleging that she was deprived of effective
assistance of counsel at trial. Because the petitioner has failed to establish that she is
entitled to post-conviction relief, we affirm the judgment of the post-conviction court.

This Court has been appointed by the Governor to decide the case of Delaney v. Thompson, et al., in which the plaintiff challenges the constitutionality of the uniquely statutory merit selection system for appellate judges called the Tennessee Plan. Rather than contend with the constitutional issues, the majority, deciding this case by statutory construction, utilizes a construction which reflects neither the meaning of the statute nor the positions of the parties. In doing so, the majority opinion neither clarifies issues of importance to the electorate and judiciary, nor discourages future litigation on the same issues.

Plaintiff, Alton F. Dixon, appeals the order of the trial court granting summary judgment to defendant, Nike, Inc. Nike is a manufacturer of sporting goods, footwear, and apparel, and Dixon was an at-will employee of Nike. Nike encourages its employees to actively participate in improving their work environment and in implementing ideas for new products on the market 2 through a program called “I Got It.” The program invites Nike’s employees to submit ideas that “eliminate waste, improve the way we work, increase productivity, prevent accidents, save time, money, or energy.” Employees can also submit ideas for new products or inventions. In a weekly bulletin for employees, Nike stated, “If what you are suggesting is an idea for a new product or invention, to protect you and NIKE, a letter of understanding will be sent for your signature stating, in essence, that NIKE will not use your product idea until a written contract is negotiated and signed.”

Petitioner, Kristina Cole, appeals the denial of post-conviction relief from her Shelby
County convictions for two counts of conspiracy to possess 300 grams or more of
methamphetamine with the intent to sell or deliver in a drug-free zone and two counts of
possession of 300 grams or more of methamphetamine with intent to sell or deliver in a
drug-free zone. Petitioner contends that she was denied the effective assistance of counsel
based upon counsel’s failure to: (1) object to irrelevant and prejudicial text messages
introduced at trial; (2) file a Bruton motion; (3) contest that Petitioner tracked the package
containing the methamphetamine; (4) adequately prepare for trial; (5) object when the State
argued that Petitioner’s silence implied guilt; (6) object when the prosecutor “testified
during closing argument in order to bolster his own credibility”; and (7) object when the
prosecutor intentionally misrepresented evidence during closing argument. Petitioner
further asserts that she is entitled to relief based on cumulative error. Following a thorough
review, we affirm the judgment of the post-conviction court.