APPELLATE COURT OPINIONS

Robin Paul Cagle (“the Petitioner”) filed a petition for post-conviction relief from his conviction of aggravated sexual battery, alleging that his guilty plea was constitutionally infirm and that it was entered due to the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief, and this appeal followed. Upon our careful review of the record and relevant authorities, we affirm the judgment of the post-conviction court.

The Petitioner, Shaun Danielle Stafford, appeals the Bradley County Criminal Court’s denial of her petition for post-conviction relief from her conviction of selling more than .5 grams of methamphetamine and resulting sentence of fifteen years as a Range II, multiple offender. On appeal, she contends that she received ineffective assistance of counsel and that her guilty plea was rendered involuntary by the ineffective assistance of counsel. Based upon our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

The petitioner, Mike Dwayne Rahming, appeals the Davidson County Criminal Court’s summarily dismissal of his petition for post-conviction relief as time-barred. The petitioner pled guilty to Class D felony burglary and received a two-year probated sentence in 2007. In 2011, he filed the instant petition for relief asserting ineffective assistance of counsel. On appeal,hecontends that the post-conviction court’s summary dismissal resulted in a violation of his due process rights. Because the petitioner has failed to establish that the petition was timely filed or that a recognized exception to the statute of limitation applies, we find no error in the post-conviction court’s dismissal.

Douglas Emory Carlton (“the Defendant”) appeals his jury conviction for burglary. On appeal, he asserts that the trial court erred in denying his motion to suppress his statement made to police officers. He also alleges that the evidence presented at trial was insufficient to support his conviction. After a thorough review of the record and the applicable law, we affirm the Defendant’s conviction.

In 2005, the Petitioner, Tony Chandler, pled guilty to two counts of aggravated burglary, two counts of theft under $500, two counts of aggravated robbery, evading arrest in a motor vehicle, and burglary. For these convictions, the trial court sentenced him to an effective sentence of sixteen years. In 2011, the Petitioner filed a petition for post-conviction relief and for a writ of error coram nobis. The State filed a motion to dismiss because the petition was untimely filed. The post-conviction court dismissed the petition, finding that the petition was untimely filed. On appeal, the Petitioner contends the post-conviction court erred when it dismissed his petition without a hearing. Following our review of the record and the law, we affirm the post-conviction court’s judgment.

The defendant was convicted by a jury of rape of a child, a Class A felony, and sentenced to serve twenty-five years in prison. He appeals his conviction, challenging the sufficiency of the evidence supporting the conviction and contending that the victim’s identification of him to the sexual assault nurse should have been excluded as hearsay. Because we conclude that the evidence is sufficient to support the conviction and that the identification was properly admitted into evidence, we affirm the judgments of the trial court.

The order from which the appellant, Jerry Burkes, seeks to appeal was entered on Monday, October 24, 2011. A notice of appeal was filed by the appellant on Monday, November 28, 2011, the 35th day following the entry of the trial court’s order. Because the notice of appeal was not filed timely, we have no jurisdiction to consider this appeal. Accordingly, this appeal is dismissed.

Joseph May (“the Petitioner”) filed for post-conviction relief from his conviction of first degree premeditated murder. The Petitioner contends that his trial lawyer provided ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied relief. This appeal followed. Upon our careful review of the record and applicable law, we affirm the judgment of the post-conviction court.

The order from which the appellant, Randy Bernard Braswell, Sr., seeks to appeal was entered on Wednesday, April 18, 2012. A notice of appeal was filed by the appellant on Friday, June 29, 2012, the 72nd day following the entry of the trial court’s order. Because the notice of appeal was not filed timely, we have no jurisdiction to consider this appeal. Accordingly, this appeal is dismissed.

The petitioner, Leon Flannel, appeals the denial of his petition for post-conviction relief. The petitioner was convicted by a jury of one count of murder in the perpetration of a theft and one count of premeditated murder; the convictions were merged, and the petitioner was sentenced to imprisonment for life. After the denial of his direct appeal, the petitioner filed a petition for post-conviction relief, asserting ineffective assistance of counsel. Specifically, the petitioner urges that, because he expressed his dissatisfaction with his trial counsel prior to trial, his trial counsel should have withdrawn. The trial court found no deficiency in the petitioner’s trial counsel’s performance and no resulting prejudice. After a thorough review of the petitioner’s claim, we affirm.

In this case, the Trial Court initially granted plaintiff a default judgment against the defendant, and set a trial on the issue of damages. Defendant was given notice of the subsequent hearing, and defendant's attorney moved to set aside the default judgment, which the Trial Court granted and dismissed plaintiff's case. Plaintiff has appealed. We affirm the Judgment of the Trial Court.

Rebecca W. Ford (“Plaintiff”) sued the State of Tennessee (“State”) regarding a motor vehicle accident that resulted in the death of Plaintiff’s daughter, Lynsey M. Ford. After a bench trial, the Trial Court entered its judgment finding and holding, inter alia, that the State had not violated Tenn. Code Ann. § 9-8-307(a)(1)(I) or § 9-8-307(a)(1)(J), and that the actions of Zachary L. Robinson were the sole proximate cause of the accident. Plaintiff appeals to this Court. We reversed the Trial Court’s judgment as to Zachary L. Robinson being solely at fault, and held that the State was 50% at fault for the Accident in our Opinion in Robinson v. State, docket No. E2011-01540-COA-R3-CV (“Robinson v. State”), released contemporaneously with this Opinion. We, therefore, remand this case to the Trial Court for the calculation of damages awarded to Plaintiff from the State for the death of Lynsey M. Ford.

Defendant, who was arrested for DUI and subsequently refused to submit to a blood test, appeals the revocation of his driver’s license, contending that he was not properly informed of the consequences of refusal to take the test. We hold that the defendant was adequately advised under the circumstances presented and affirm the judgment of the trial court.
 

The Hamilton County Criminal Court grand jury charged the defendant, Derrick Keith Walker, with one count of attempt to commit the premeditated first degree murder of the victim, Charles Vandergriff, and one count of the aggravated assault of the victim. The defendant and the State entered into a plea agreement calling for dismissal of the attempted murder count and a plea of guilty to aggravated assault, a Class C felony, with a six-year Range I sentence to be served as 11 months and 29 days in confinement followed by supervised probation. The agreement provided for the defendant to pay $13,000 in restitution at the rate of $175 per month beginning on March 15, 2010. On December 17, 2009, the trial court entered a judgment that implemented the terms of the plea agreement. In August 2011, the State obtained a probation violation warrant claiming that the defendant garnered new arrests and had failed to pay restitution. Following a revocation hearing, the trial court revoked the defendant’s probation and ordered him into confinement to serve the balance of his sentence. In this appeal, the defendant claims that the trial court erred by revoking the probation and by ordering him to fully serve his original sentence. Because the record supports the order of the trial court, we affirm the order.

The Defendant, Jason Peter Meeks, was convicted of driving under the influence (DUI), violating the implied consent law, and leaving the scene of an accident, all misdemeanor offenses. The Defendant appeals pursuant to Rule 3, Tennessee Rules of Appellate Procedure, contending that he should be granted a new trial because the State failed to record his trial. We disagree with the Defendant’s claim and affirm the judgments of the trial court.

The Defendant, Victor Byndum, appeals the Madison County Circuit Court’s order revoking his community corrections sentence for two violations of the Sexual Offender Registration and Monitoring Act and ordering him to serve his six-year sentence. We affirm the judgment of the trial court.

This is an appeal from an order appointing a conservator for the adult son of divorced parents. The father contends that the evidence does not support the determinations that the son lacks the capacity to fully attend to his needs without assistance and that the appointment of a conservator is warranted; Mother contends that the father does not have standing to appeal. We affirm the court in all respects.

The parties married twice and divorced twice. Under the terms of their second divorce decree, the wife was awarded the marital home, the husband and wife were made jointly responsible for the mortgage on the home, and the husband was ordered to pay the wife alimony in futuro of $1,200 per month. About five years after their second divorce became final, the husband filed a petition to terminate or to modify his alimony obligation. He alleged among other things that his income had declined and that his wife no longer needed his support, as demonstrated by her conveyance of the marital home without consideration to the party’s son, and her relationship with her new boyfriend. For her part, the wife petitioned the trial court to increase the husband’s alimony obligation, alleging that her need had actually increased because her physical ailments had worsened and that the monthly cost of medications to treat them had soared. The trial court denied both petitions. We affirm

The appellant, Glenda Nash Clemmons, pled guilty in the Marion County Circuit Court to failure to appear in case numbers 8109 and 8721. In case number 8109, the trial court sentenced her to two years to be served as sixty days in jail and one year, ten months in community corrections. In case number 8271, the trial court sentenced her to three years to be served in community corrections and consecutively to the two-year sentence in case number 8109. Subsequently, the trial court revoked her community corrections sentences and ordered her to serve her effective five-year sentence in confinement. The appellant contends that the trial court erred by revoking her community corrections sentences and ordering her to serve her original sentences in confinement. She also contends that she did not receive all the jail credits to which she was entitled. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.
 

The Appellant filed a motion to correct a judgment pursuant to Tennessee Rule of Criminal Procedure 36 in the Shelby County Criminal Court. The trial court subsequently entered an order denying the Appellant’s motion. In this appeal, the Appellant contends that the trial court erred in denying his motion. Because there is no appeal as of right from the denial of a Rule 36 motion to correct a judgment, the appeal is dismissed.

This appeal arises out of a personal injury suit, wherein the plaintiff and Dewayne Duffer filed suit against a trucking company for injuries suffered in an accident and for loss of consortium as a result of the accident. Plaintiff’s employer intervened to recover worker’s compensation benefits paid to plaintiff. Soon thereafter, the trucking company discovered that plaintiff was male, had filed the action using an assumed female identity, and had lied throughout the discovery process. The trucking company filed a motion for summary judgment. The court granted the motion and dismissed plaintiff’s and employer’s complaints,finding that plaintiff had committed a fraud upon the courtand thatemployerhad failed to file suitwithin the applicable statute of limitations because plaintiff’scomplaintwas rendered void ab initio. Plaintiff and employer appeal. We affirm the dismissal of plaintiff’s complaint but reverse the dismissal of employer’s complaint.
 

The mother of a five year old boy alleged that the boy’s father had sexually abused him, and she petitioned the juvenile court to have the father’s visitation privileges revoked. After a long course of proceedings that included an investigation by the Department of Children’s Services, testimony by a number of mental health professionals, and a report by the guardian ad litem, the court concluded that the Mother’s allegations were unfounded, that her hostility against the father was having a detrimental effect on the child, and that it was in the child’s best interest that the father be named as the child’s primary residential parent in place of the mother. The mother raises numerous procedural issues on appeal, and she also contends that her allegations of abuse against the father were true, or at the very least that she had a good faith belief in their truth. Having carefully considered the mother’s allegations and her arguments, we affirm the trial court.
 

In this appeal, numerous beneficiaries under a will challenge the trial court’s order awarding attorney’s fees of $9,024.75 out of the funds of the estate to another beneficiary who is their adversary. At an earlier time, the court had entered an order setting the attorney’s fees of that beneficiary at $34,669.25 without specifying who was responsible for the payment of those fees. On the motion of that beneficiary, the court granted a new trial on the subject of attorney’s fees. When the matter came on for the “new trial,” the court announced that it would listen to argument but would not receive substantive evidence on the subject. Following that “hearing,” the court awarded the fees now before us. The court’s order does not articulate any findings with respect to whether the attorney’s services were reasonable, necessary or benefited the estate. The “challenging” beneficiaries filed a notice of appeal. We vacate the order awarding attorney’s fees and remand to the trial court with instructions to conduct an evidentiary hearing and enter an order on attorney’s fees complying with Tenn. R. Civ. P. 52.01.

A Putnam County Grand Jury returned an indictment against Defendant, Matthew Kinnard, charging him with one count of aggravated child abuse. Following a jury trial, Defendant was convicted of the lesser-included offense of reckless aggravated assault. He received a sentence of three years in the Department of Correction. On appeal, Defendant argues that the trial court erred in denying his request for probation or some other form of alternative sentence. After a thorough review, we affirm the judgment of the trial court.

A grand jury indicted appellant for possession of a substance containing .5 grams or more of cocaine with intent to sell within 1,000 feet of a school, in violation of Tennessee Code Annotated section 39-17-417 (a)(4), a Class A felony. Following an unsuccessful motion to suppress the evidence, appellant entered a guilty plea to possession of .5 grams or more of cocaine with intent to sell, a Class B felony. Pursuant to the plea agreement, the trial court sentenced appellant to eight years and 270 days and placed him on probation. As a condition of the plea agreement, appellant reserved the right to certify several questions of law challenging the validity of the search that yielded the evidence against him. Following our review, we affirm the trial court’s judgment.