APPELLATE COURT OPINIONS

Petitioner, Calvin Landers, was convicted by a jury of rape of a child and sentenced to twenty years. His conviction and sentence were affirmed on direct appeal. State v. Calvin Landers, No. W2007-CCA-R3-CD, 2008 WL 2901603 (Tenn. Crim. App., at Jackson, Jul. 25, 2008), perm. app. denied, (Tenn. Jan. 20, 2009). Petitioner filed a timely petition for post-conviction relief on the basis of ineffective assistance of counsel. Petitioner also asserted that his sentence violated Blakely v. Washington, 542 U.S. 296 (2004) , that his conviction was based on evidence obtained pursuant to an unlawful arrest, that his conviction was based on evidence obtained pursuant to an unlawful search, and that there was a “fatal variance” between the indictment and the proof. After a hearing, the post-conviction court denied relief. Petitioner appealed. After a thorough review, we determine that Petitioner has failed to show by clear and convincing evidence that he is entitled to post-conviction relief where the proof showed that trial counsel made a tactical decision to forego a motion to suppress; met with Petitioner at least ten times prior to trial; and was given the opportunity to cross-examine witnesses. Moreover, Petitioner did not raise his issue with regard to exhibits in the petition for post-conviction relief so it cannot be raised on appeal. Accordingly, the judgment of the post-conviction court is affirmed.

The appellant, Steven Larry Kilgore, Jr., pled nolo contendere in the Hamilton County Criminal Court to misdemeanor theft of property and received a sentence of eleven months, twenty-nine days to be served on probation. As part of the plea agreement, the appellant reserved a certified question of law as to whether the police had reasonable suspicion to seize and detain him and whether the subsequent, non-consensual search of his car and seizure of evidence was illegal. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court.

The defendant, Demario Rawlings, was convicted by a Shelby County Criminal Court jury of driving under the influence, a Class A misdemeanor, and was sentenced to eleven months and twenty-nine days in the county jail with all but five days suspended. On appeal, he challenges the sufficiency of the convicting evidence. After review, we affirm the judgment of the trial court.

The pro se petitioner,Michael Smythe,appeals the Bedford County Circuit Court’s summary dismissal of his petition for post-conviction relief filed 14 years after the entry of his guilty pleaded convictions of aggravated robbery and aggravated assault for which he received sentences of 17 years’ and 6 years’ incarceration. Discerning no error, we affirm the judgment of the post-conviction court.

Michael San Miguel (“Claimant”) filed a claim against his brother’s estate, Marshal San Miguel (“Decedent”), alleging that Decedent was responsible for expenses and mortgage payments relating to their jointly-owned Louisiana property. Decedent’s son, Nicholas Brandon San Miguel (“Beneficiary”), filed an exception to the claim. The clerk and master disallowed the claim. Claimant objected to the clerk and master’s report, and the trial court precluded recovery. Claimant appeals. We reverse the court’s preclusion of recovery of the mortgage payments and expenses and conclude that Claimant is entitled to reimbursement for the mortgage payments submitted on behalf of Decedent and a portion of the expenses incurred on behalf of the property. We affirm the court’s decision in all other respects.

The defendant, Marquette Woods, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and was sentenced to nine years in the Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence. After review, we affirm the judgment of the trial court.

Appellant, Christopher Vigil, appeals from his conviction for criminally negligent homicide. As a result of the conviction, Appellant was sentenced to two years in incarceration. On appeal, Appellant challenges the sufficiency of the evidence and his sentence. We determine that the evidence was sufficient to support the conviction for criminally negligent homicide where the proof showed Appellant was engaged in conduct that he knew, or should have known, created a substantial and unjustifiable risk to the victim and constituted a gross deviation from the standard of care of an ordinary person under those circumstances and that Appellant’s actions proximately caused the victim’s death. Further, the trial court properly sentenced Appellant to two years where the record indicated Appellant had a “significant” prior criminal history. Accordingly, the judgment of the trial court is affirmed.

This case involves the sufficiency of service of process. After an automobile accident, Plaintiff sued Defendant for personal injuries. Private process server served Defendant’s father with the complaint rather than Defendant. The Defendant answered the complaint, raising the defense that there was insufficient service of process as to him. Over a year after the summons had been issued, Defendant moved for summary judgment based on insufficient service of process. The trial court denied summary judgment, finding that the Defendant was evading service. Because we conclude that there was insufficient evidence to find that the Defendant was evading service of process, we reverse and remand.

Glen Curtis Letsinger (“the Petitioner”) filed for post-conviction relief from his conviction of rape of a child and the resulting minimum sentence of fifteen years. He alleges that he received ineffective assistance of counsel in conjunction with his guilty plea and that his plea thereby was rendered constitutionally infirm. After an evidentiary hearing, the postconviction court denied relief, and this appeal followed. Upon our careful review of the record, we affirm the judgment of the post-conviction court.

Because the order appealed is not a final judgment, we dismiss this appeal for lack of jurisdiction.

This case arises from juvenile proceedings concerning the minor child T.W. The Juvenile Court for Knox County (“the Juvenile Court”) found T.W. to be an unruly child. T.W. filed a Petition to Vacate Orders and to Dismiss (“Petition to Vacate”) regarding the order finding T.W. to be an unruly child. The Juvenile Court denied the Petition to Vacate. T.W. appealed to the Circuit Court for Knox County, Fourth Circuit (“the Circuit Court”). The State of Tennessee (“the State”) moved to dismiss the appeal arguing the appeal was untimely. The Circuit Court granted the State’s motion to dismiss. T.W. appeals to this Court, arguing that the Circuit Court should have heard T.W.’s appeal from Juvenile Court. We hold that the Circuit Court erred in granting the State’s motion to dismiss T.W.’s appeal of the Juvenile Court’s order denying T.W.’s Petition to Vacate. We reverse the judgment of the Circuit Court.

The Petitioner, Barry Wayne Dunham, appeals the Macon County Criminal Court’s denial of post-conviction relief from his conviction for first degree murder, for which he is serving a life sentence. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the trial court.

This case arises from juvenile proceedings concerning the minor child M.R. The Juvenile Court for Knox County (“the Juvenile Court”) found M.R. to be an unruly child. M.R. filed a Petition to Vacate Orders and to Dismiss (“Petition to Vacate”) regarding the order finding M.R. to be an unruly child. The Juvenile Court denied the Petition to Vacate. M.R. appealed to the Circuit Court for Knox County, Fourth Circuit (“the Circuit Court”). The State of Tennessee (“the State”) moved to dismiss the appeal arguing the appeal was untimely. The Circuit Court granted the State’s motion to dismiss. M.R. appeals to this Court, arguing that the Circuit Court should have heard M.R.’s appeal from Juvenile Court. We hold that the Circuit Court erred in granting the State’s motion to dismiss M.R.’s appeal of the Juvenile Court’s order denying M.R.’s Petition to Vacate. We reverse the judgment of the Circuit Court.

The appellant, Dexter McMillan, filed in the Knox County Criminal Court a motion to reopen his case, which the trial court treated as a petition for post- onviction relief. The trial court dismissed the petition, and the appellant appeals. The State filed a motion requesting that this court affirm the trial court’s denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Upon review of the record and the parties’ briefs, we conclude that the trial court properly dismissed the petition. Accordingly, the State’s motion is granted, and the judgment of the trial court is affirmed.

This case arises from juvenile proceedings concerning the then minor child B.R. The Juvenile Court for Knox County (“the Juvenile Court”) found B.R. to be an unruly child. B.R. filed a Petition to Vacate Orders and to Dismiss (“Petition to Vacate”) regarding the order finding B.R. to be an unruly child. The Juvenile Court denied the Petition to Vacate. B.R. appealed to the Circuit Court for Knox County, Fourth Circuit (“the Circuit Court”). The State of Tennessee (“the State”) moved to dismiss the appeal arguing the appeal was untimely. The Circuit Court granted the State’s motion to dismiss. B.R. appeals to this Court, arguing that the Circuit Court should have heard B.R.’s appeal from Juvenile Court. We hold that the Circuit Court erred in granting the State’s motion to dismiss B.R.’s appeal of the Juvenile Court’s order denying B.R.’s Petition to Vacate. We reverse the judgment of the Circuit Court.

The petitioner, Scotty Lee Myers, was convicted of second degree murder, and he received a sentence of twenty-three years in the Tennessee Department of Correction. Thereafter, he filed a petition for post-conviction relief, alleging that his trial counsel was ineffective. The post-conviction court denied the petition, and the petitioner now appeals. Upon review, we affirm the judgment of the post-conviction court.

This case arises from juvenile proceedings concerning the then minor child A.W. The Juvenile Court for Knox County (“the Juvenile Court”) found A.W. to be an unruly child. A.W. filed a Petition to Vacate Orders and to Dismiss (“Petition to Vacate”) regarding the order finding A.W. to be an unruly child. The Juvenile Court denied the Petition to Vacate. A.W. appealed to the Circuit Court for Knox County, Fourth Circuit (“the Circuit Court”). The State of Tennessee (“the State”) moved to dismiss the appeal arguing the appeal was untimely. The Circuit Court granted the State’s motion to dismiss. A.W. appeals to this Court, arguing that the Circuit Court should have heard A.W.’s appeal from Juvenile Court. We hold that the Circuit Court erred in granting the State’s motion to dismiss A.W.’s appeal of the Juvenile Court’s order denying A.W.’s Petition to Vacate. We reverse the judgment of the Circuit Court.

The Defendant, Hanes Cooper, appeals as of right from the trial court’s denial of judicial diversion. The Defendant pled guilty to attempted theft of $10,000 or more but less than $60,000, official misconduct, and conspiracy to commit forgery of $10,000 or more but less than $60,000. After the plea agreement was entered, the Defendant filed an application for judicial diversion which the trial court denied. Following the denial of his application for judicial diversion, the Defendant was sentenced, pursuant to the plea agreement, to a six-year term of probation. The Defendant contends that the trial court abused its discretion in denying his application for judicial diversion. Discerning no error, we affirm the trial court, but we remand the case for correction of the judgments.

In this boundary line dispute, the defendants sought to claim property beyond a road known as “Creek Road.” The trial court concluded that the road constituted the defendants’ southern boundary. However, because the plaintiff’s complaint sought the adoption of a survey that conceded a small strip of land south of Creek Road to the defendants, along with the fact that the plaintiff testified that he believed that the defendants owned some property south of Creek Road, the trial court granted the defendants a strip alongside the road about four feet deep. After the defendants moved to conform their pleading to the proof and sought relief under the doctrine of adverse possession, the trial court reopened the proof to consider adverse use. Another opinion was issued awarding the defendants a strip extending approximately ten feet from the southern edge of Creek Road. The defendants appeal. We affirm the findings of the trial court.

The defendant, Larry Thomas Johnson, appeals his Bedford County Circuit Court guilty- pleaded convictions of the sale of .5 grams or more of cocaine and possession with the intent to sell .5 grams or more of cocaine, claiming that the trial court erred by imposing a Range II sentence in the absence of any notice from the State that it would seek enhanced punishment. Discerning no error, we affirm

Inmate filed petition seeking review of decision of prison disciplinary board. Trial court dismissed petition for failure to comply with applicable constitutional and statutory provisions. Finding that the trial court did not err, we affirm the dismissal of the petition.

Following a jury trial, the Defendant, Chad Allen Love, was convicted of one count of aggravated robbery. See Tenn. Code Ann. § 39-13-402. In this appeal as of right, the Defendant contends that the evidence was insufficient to sustain his conviction. Following our review, we conclude that the evidence was insufficient to establish the Defendant’s identity as the perpetrator of the crime. Accordingly, we reverse and dismiss the judgment of the trial court.

Personal representative appeals from order granting $27,900 claim against decedent’s estate. Discerning no error, we affirm.

The divorce action in this case was commenced in 2001. The Final Decree in the divorce action was entered in January 2008. Subsequently, the case was transferred to the Circuit Court in an adjoining county. Post to that transfer, numerous motions and petitions were filed in the Trial Court and on January 5, 2011 the Trial Court tried the issues relating to child support and a parenting plan. As a result of that hearing a Judgment was entered which held that the father failed to appear for the hearing, despite proper notice, had failed to respond to discovery and mediation in violation of the Court's order and the Court found that the mother's proposed parenting plan was in the children's best interest and incorporated the same in its Decree. The Court awarded child support based on the computed amount of income of the father, and also awarded the mother Judgment for her attorney's fees. The Court dismissed all of the father's request for relief and the father appealed. We hold that the facts relied on by the father in his brief are not supported by any evidence in the record, and his conclusions of law are not supported by authority, and the record establishes no basis for finding any merit in the issues raised on appeal. We affirm the Judgment of the Trial Court.

Inmate filed petition seeking review of decision of prison disciplinary board convicting him of various disciplinary offenses. Trial court dismissed petition for failure to comply with Tenn. Code Ann. § 27-8-106. Finding that the trial court did not err in dismissing the Petition, we affirm the judgment.