State of Tennessee v. Felicia Annette Mitchell
Syllabus
The pro se Appellant, Felicia Annette Mitchell, appeals as of right from the Sullivan County Circuit Court's order summarily dismissing her motion to correct illegal sentences. Tenn. R. Crim. P. 36.1. The State has filed a motion to affirm the trial court's order pursuant to Tennessee Court of Criminal Appeals Rule 20. Following our review, we conclude that the State's motion is well-taken and affirm the order of the trial court.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the court of appeals had correctly considered the newspaper defendant’s twenty articles together, rather than as separate and distinct publications, for purposes of determining the existence of a defamatory meaning
- holding that “[t]he court of appeals could not make a proper 6 assessment of the alleged defamatory material in this case without looking at the ‘surrounding circumstances’ encapsulated in this series” of articles
- noting that appellate courts have jurisdiction over appeals from final judgments and certain interlocutory orders made appealable by statute
- noting that when both parties presented summary-judgment evidence on a hybrid motion, the varying burdens for the different types of motions are immaterial
- explaining that the privilege does not apply when the “gist” of the article was that the allegations were true, not merely repeating the accusations of others
- observing that, when both traditional and no-evidence summary judgment grounds are raised and both parties present evidence, the “differing burdens are immaterial and the ultimate issue is whether a fact issue exists”
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge Robert H. Montgomery, Jr.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.