APPELLATE COURT OPINIONS

The defendant, Clinton Travis Simpson, appeals the revocation of the three-year probationary sentence imposed for his Hamilton County Criminal Court conviction of aggravated burglary. Discerning no error, we affirm.

The petitioner, Christopher Lee Pirtle, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he failed to show that he received ineffective assistance of trial counsel. Following our review, we affirm the judgment of the post-conviction court denying the petition.

This action involves a dispute regarding the validity of an $80,000 check written against the revocable living trust account of the decedent by the defendant, who is the decedent’s nephew. Two days before the decedent’s death, the defendant deposited the check into a personal savings account he held jointly with the decedent. The plaintiff, serving as trustee and as personal representative of the decedent’s estate, filed a complaint seeking recovery of the $80,000. The trial court issued an ex parte restraining order, directing, inter alia, the bank where the joint account was held to transfer $80,000 to the clerk and master for safekeeping in the registry of the court. Following a bench trial, the trial court found by clear and convincing evidence that the $80,000 check at issue was a forgery and that the defendant did not have permission from the decedent to sign the check. The court directed the $80,000 to be transferred from the clerk and master to the decedent’s estate account and dismissed the defendant’s counterclaim for damages. The defendant appeals. Discerning no reversible error, we affirm.

A Monroe County Criminal Court jury convicted the defendant, Jonathan Michael Brown, of facilitation of second degree murder and being an accessory after the fact to second degree murder, and the trial court imposed an effective sentence of eight years to be served in confinement. In this appeal, the defendant challenges the trial court’s denial of his pretrial motion to dismiss based upon the loss or destruction of evidence, the sufficiency of the convicting evidence, and the denial of alternative sentencing. Discerning no error, we affirm the judgments of the trial court.

Ronald Eugene Brewer, Jr., (“the Petitioner”) was convicted of first degree premeditated murder, first degree felony murder, and attempted first degree murder. The trial court sentenced the Petitioner to life imprisonment without the possibility of parole for each first degree murder conviction and a concurrent twenty-five-year sentence for the attempted first degree murder conviction. The trial court then merged the felony murder conviction with the premeditated murder conviction. On direct appeal, this Court affirmed the Petitioner’s convictions. See State v. Ronald Eugene Brewer, Jr., No. E2010-01147-CCA-R3-CD, 2011 WL 2732566, at *22 (Tenn. Crim. App. July 14, 2011), perm. app. denied (Tenn. Sept. 21, 2011). The Petitioner subsequently filed for post-conviction relief, which the post-conviction court denied following an evidentiary hearing. The Petitioner now appeals, arguing that he was denied due process and the effective assistance of counsel at trial. Upon our thorough review of the record and the applicable law, we affirm the post-conviction court’s decision denying relief.

In this appeal as of right, the State challenges the Johnson County Criminal Court’s grant of habeas corpus relief to the petitioner, Michael W. Belcher, in the form of pretrial jail credits. Because the habeas corpus court’s order awarding jail credits is somewhat vague, we vacate that order and remand the case to the habeas corpus court for the entry of an order directing the trial court to amend the petitioner’s judgment in count two to reflect the grant of appropriate pretrial jail credits.

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

The petitioner, Jeffrey D. Miree, appeals the summary dismissal of his 2012 petition for post-conviction relief from his 1990 conviction of first degree murder as time barred. Because the petition was filed decades beyond the applicable statute of limitations and because the petitioner failed to either allege or prove a statutory exception to the timely filing or a due process tolling of the statute of limitations, we affirm the judgment of the post-conviction court.

In this child support case, Father appeals the trial court’s determination that he was voluntarily underemployed. We have reviewed the record and the relevant authorityand find that the trial court did not err in concluding that Father was underemployed for the purpose of calculating his child support obligation. We affirm.

Plaintiff filed an action against Big Brothers Big Sisters of America, in addition to its Tennessee affiliate and others, seeking damages arising from alleged sexual and emotional abuse of a minor child by a Big Brothers Big Sisters of Middle Tennessee volunteer. The trial court determined that the national organization did not owe a duty to the minor child and entered summary judgment in favor of the organization. We reverse and remand for further proceedings.

The Appellant, Danny Blankenship Bonding Company, appeals the Madison County Circuit Court’s denial of its motion to alter or amend a final judgment of forfeiture of the Defendant’s bond. On appeal, the Appellant contends that (1) it was relieved from the bond when the Defendant was surrendered into custody and rearrested, (2) it is entitled to return payment of the bond it made under protest, and (3) the trial court erred in entering a final forfeiture judgment against its agent. We affirm the trial court’s judgment of final forfeiture.

Petitioner, Willie Lewis, was convicted by a Shelby County jury of aggravated robbery and sentenced by the trial court as a career offender to thirty years in the Tennessee Department of Correction. See State v. Willie Lewis, No. W2008-02636-CCA-R3-CD, 2010 WL1267070 (Tenn. Crim. App., March 31, 2010), perm. app. denied (Tenn., Sept. 3, 2010). Petitioner appeals the post-conviction court’s denial of his petition for post conviction relief, asserting that his trial counsel was ineffective for failing to inform him of the applicable sentencing range and failing to investigate his criminal record. Petitioner contends that but for counsel’s errors, he would not have proceeded to trial but would have accepted the State’s plea offer. Finding no error, we affirm the judgment of the post-conviction court.

In this case, we are asked to determine whether this Court has subject matter jurisdiction over this interlocutory appeal from the trial court’s denial of Appellant’s Tennessee Rule of Civil Procedure 12 motion to dismiss. The Tennessee Uniform Arbitration Act, Tennessee Code Annotated Section 29-5-319, grants Tennessee appellate courts subject matter jurisdiction to consider interlocutory appeals only in specifically enumerated circumstances involving arbitration agreements. The statutory exceptions include appeals from orders denying an application to compel arbitration, and appeals from orders granting an application to stay arbitration. Because the order appealed in this case is simply a denial of a Tennessee Rule of Civil Procedure 12 motion to dismiss, it does not fall within the statutory exceptions. Accordingly, this Court does not have jurisdiction to consider the appeal. Dismissed and remanded.

The Defendant-Appellant, Michael Scott Knerr, was indicted by the Davidson County Grand Jury in counts 1 and 2 for attempted aggravated rape, in counts 3 and 4 for aggravated sexual battery, in count 5 for attempted especially aggravated kidnapping, and in count 6 for attempted aggravated kidnapping. A jury convicted Knerr of the lesser included offenses of attempted sexual battery in count 3, attempted aggravated sexual battery in count 4, and attempted false imprisonment in count 6 and acquitted him of the remaining counts. At the sentencing hearing, the trial court merged count 3 with count 4 and sentenced Knerr to four years with all but sixty days suspended. In addition, the court imposed a concurrent sentence of six months with all but sixty days suspended for Knerr’s conviction for attempted false imprisonment. On appeal, Knerr argues that the evidence is insufficient to sustain his convictions for attempted aggravated sexual battery and attempted sexual battery. Upon review, the judgments of the trial court are affirmed in part and vacated in part, and the case is remanded to the trial court for entry of a corrected judgment.

Kenneth R. Griffin (“the Petitioner”) was convicted of first degree murder and especially aggravated robbery. The Petitioner subsequently filed for post-conviction relief, alleging ineffective assistance of counsel. Following a hearing, the post-conviction court denied relief. The Petitioner now appeals. Upon our thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.

A Knox County Criminal Court jury convicted the defendant, Benjamin Keith Fowler, of six counts of first degree felony murder, two counts of criminally negligent homicide, two counts of especially aggravated burglary, one count of attempted aggravated robbery, and one count of employing a firearm during the commission of a dangerous felony. The trial court merged the homicide verdicts and imposed two convictions of first degree murder. The court also merged the especially aggravated burglary verdicts and imposed a single conviction of that offense. In this appeal, the defendant contends that prosecutorial misconduct and the behavior of a State witness deprived him of the right to a fair trial, that the trial court erred by admitting certain testimony, and that the trial court erred by prohibiting the admission of certain evidence. Although we discern no error with regard to the issues presented by the defendant, we observe plain error with regard to the defendant’s conviction of especially aggravated burglary  Because dual convictions for first degree felony murder and especially aggravated burglary in this case are prohibited by statute, the defendant’s conviction of especially aggravated burglary is modified to a conviction of aggravated burglary and remanded to the trial court for resentencing. The judgments of the trial court are affirmed in all other respects.

The trial court terminated Mother’s parental rights on the grounds of abandonment for willful failure to visit and willful failure to support. We vacate the decision of the chancery court and we remand for further findings.

This appeal involves a post-divorce modification of a parenting plan. Mother appeals the trial court’s decision modifying the parenting plan to designate Father the primary residential parent of the parties’ children. Finding no error in the court’s ruling, we affirm.

After foreclosure proceedings were instituted against Plaintiff, Plaintiff asserted numerous claims against Defendants. All claims were dismissed in the trial court. We affirm.

Appellant, Xavier Crawford, stands convicted of aggravated rape and aggravated robbery. The trial court sentenced him to an effective sentence of thirty-seven years in the Tennessee Department of Correction. On appeal, appellant submits that the State failed to establish a sufficient chain of custody, that the evidence was insufficient to support his convictions, and that the trial court erred by admitting hearsay evidence. Following our review, we affirm the judgments of the trial court.

The appellant, Larry Jenkins, pled guilty to multiple counts of burglary, theft, and vandalism, and the trial court imposed a total effective sentence of eighteen years. On appeal, the appellant challenges the trial court’s refusal to grant alternative sentencing. Upon review, we affirm the judgments of the trial court.

The Defendant, Michael Barnes, challenges his jury conviction for possession of contraband in a penal institution, alleging that the following errors were made at his trial: (1) that the chain of custody regarding the contraband was not sufficiently established; (2) that the stun belt he was forced to wear during his trial violated his due process rights; and (3) that the evidence was insufficient to establish his guilt. Upon consideration of the record and the applicable authorities, we affirm the judgment of the trial court.

Paul Wallace Dinwiddie, Jr. (“the Petitioner”) sought post-conviction relief from his convictions of aggravated rape and aggravated sexual battery on the basis of ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied relief, and this appeal followed. After a thorough review of the record and the applicable law, we affirm the post-conviction court’s judgment.

The Defendant, Melvin J. Branham, pled guilty to robbery and received a sentence of fifteen years as a career offender to be served at sixty percent. Pursuant to the terms of the agreement, he was ordered to report for incarceration thirty days following entry of his plea. Prior to the expiration of that thirty-day period, the State successfully sought to revoke the Defendant’s bond based upon the Defendant’s drug usage. The Defendant thereafter filed a motion to withdraw his guilty plea or have his bond reinstated, arguing that he would not have pled guilty had he known his bond would have been revoked before the thirty days ran out. The trial court denied the motion, and the Defendant appeals. After review, we determine that the trial court did not abuse its discretion in denying the motion to withdraw the guilty plea where the Defendant failed to show a manifest injustice and that the proper avenue for review of the bond revocation was via Rule 8 of the Tennessee Rules of Appellate Procedure. Accordingly, we affirm the judgment of the trial court.

Carey Faught (“the Defendant”) was convicted by a jury of aggravated burglary, employing a firearm during a dangerous felony, reckless endangerment, two counts of attempted aggravated robbery, and two counts of especially aggravated robbery. The trial court merged the two convictions for especially aggravated robbery and the two convictions for attempted aggravated robbery. Following a sentencing hearing, the trial court sentenced the Defendant to an effective sentence of forty-eight years’ incarceration. On appeal, the Defendant challenges the sufficiency of the evidence supporting his conviction. He also argues that his conviction for employing a firearm during a dangerous felony violates principles of double jeopardy. Finally, the Defendant contends that his sentence is improper. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court.