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Posted by: Tanja Trezise on Apr 21, 2022

Employee Frederick Russell was working for Employer Aluma-Forrn, Inc. in January 2018 when he sustained an injury to his left shoulder and neck. He reported the injury and received treatment from an orthopedic specialist whose conservative approach to his case included an MRI, an EMG, physical therapy, and referrals to a neurosurgeon and a pain management specialist. Though Employee reported continued pain despite these efforts, his medical providers opined that they could find no objective basis for his reported syrnptoms and believed them unrelated to his work injury. Employee later sought treatment from a different, unauthorized orthopedic specialist who performed surgeiy on his shoulder and thereby discovered and repaired a previously undiagnosed torn labrum. Employee sought compensation, and after considering the proof, the Court of Workers' Compensation Claims held that Employee had established that his injury was caused by his workplace incident, that Ernployer was liable for his medical expenses including those incurred for unauthorized treatrnent, and that Employee was entitled to both permanent partial disability benefits and temporary total disability benefits. Employer appealed, arguing that the trial court erred on all three issues. The appeal has been referred to the Special Workers' Compensation Appeals Panel for consideration and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.

Posted by: Tanja Trezise on Apr 21, 2022

The plaintiff challenges the trial court’s order granting the defendant’s Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss as a Tennessee Rule of Civil Procedure 56 motion for summary judgment and dismissing the plaintiff’s cause of action with prejudice. The trial court granted the defendant’s motion both as a Rule 12.02(6) motion to dismiss and as a Rule 56 motion for summary judgment despite stating in its order that it had not excluded extraneous evidence presented by the defendant and that it would treat the motion as one for summary judgment. We conclude that the trial court erred by granting the defendant’s motion as a Rule 12.02(6) motion to dismiss after having considered extraneous evidence and that the trial court erred by failing to include in its order the legal grounds for its decision to grant the defendant’s motion as a Rule 56 motion for summary judgment. Inasmuch as the plaintiff failed to file a proposed amended complaint in the trial court, we are unable to address the issue raised concerning the motion to amend the complaint. We vacate the trial court’s order and remand for further proceedings consistent with this opinion and Rule 56.

Posted by: Tanja Trezise on Apr 21, 2022

Nicholas Somberg seeks permission to appeal the denial of his motion for summary judgment under 28 U.S.C. § 1292(b). Because immediate review would not bring this lawsuit to a close materially sooner than an appeal from a final judgment, we deny the petition.

Posted by: Tanja Trezise on Apr 21, 2022

The Appellant, Sean Matthew Houser, pled guilty in the Grainger County Circuit Court to driving under the influence (DUI) per se, a Class A misdemeanor. As a condition of his plea, he reserved two certified questions of law regarding the admissibility of his warrantless blood alcohol test. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the certified questions do not comply with Tennessee Rule of Criminal Procedure 37(b)(2)(A) because they are too broad. Accordingly, we dismiss the appeal.

Posted by: Tanja Trezise on Apr 21, 2022

Aggrieved of his Knox County Criminal Court jury convictions of second degree murder, the defendant, Brandon Scott Donaldson, appeals. He alleges error in the composition of the jury, arguing that the venire did not represent a fair cross-section of the community and that the State improperly used a peremptory challenge to strike an African American. He claims error in both the admission and exclusion of evidence, arguing that the trial court erred by admitting into evidence a sonogram photograph and by excluding text messages sent by the victim, certain of the victim’s medical records, and prior consistent statements of a defense witness. He also asserts that the trial court erred by denying his motion for a mistrial after a State’s witness offered improper testimony. He asserts that the prosecutor engaged in misconduct during closing argument. He claims error in the jury instructions provided by the trial court, arguing that the trial court incorrectly defined the offense of voluntary manslaughter and that the sequential jury instruction essentially barred the jury from adequately considering voluntary manslaughter as a lesser included offense of second degree murder. The defendant also challenges the sufficiency of the convicting evidence and the propriety of the total effective sentence. Finally, he asserts that the cumulative effect of the alleged errors prevented him from receiving a fair trial. Discerning no reversible error, we affirm.

Posted by: Tanja Trezise on Apr 20, 2022

After the dismissal of his petition for error coram nobis relief without a hearing, Curtis Keller, Petitioner, appealed. Upon review, we determine that the petition for relief was properly dismissed and affirm the judgment of the coram nobis court.

Posted by: Tanja Trezise on Apr 20, 2022

The Petitioner, Antonio Bonds, was convicted by a jury of first degree premeditated murder, and he received a sentence of life imprisonment. The Petitioner filed this fourth petition for post-conviction relief over twenty years after his conviction, and the postconviction court summarily dismissed his petition on the ground that the statute of limitations barred its consideration of his claims. The Petitioner appeals. After review, we affirm the post-conviction court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.

Posted by: Tanja Trezise on Apr 20, 2022

A Rutherford County jury convicted the Defendant, Marcus Willingham, of ten counts of rape of a child and two counts of solicitation of sexual exploitation of a child, for which the trial court imposed an effective sentence of thirty years’ incarceration. On appeal, the Defendant contends that the trial court erred when it admitted pornographic material found on his electronic devices and that the evidence is insufficient to support his convictions. After a thorough review of the record, we affirm the trial court’s judgments.

Posted by: Tanja Trezise on Apr 20, 2022

A juvenile entered a best interest plea to and was adjudicated delinquent for the offense of sexual battery. The juvenile was placed on probation under the supervision of the Tennessee Department of Children’s Services. He sought relief through a post-conviction petition in the trial court. The State moved to dismiss the petition. Pursuant to the juvenile’s concession that no valid claims could be brought, the trial court dismissed the petition. Discerning no error, we affirm.

Posted by: Tanja Trezise on Apr 20, 2022

A Tennessee Supreme Court Rule 10B petition for recusal appeal was filed in this Court following the denial of a motion that sought the disqualification of the trial court judge. As explained herein, because we conclude that concerns contributing to an appearance of partiality necessitate the trial judge’s recusal, we reverse. In addition, we vacate an order on substantive matters that was signed by the trial judge while the recusal motion was pending.


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