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Posted by: Tanja Trezise on Dec 28, 2021

SCOTT W. DALES, Chief Bankruptcy Appellate Panel Judge. This appeal concerns the extent of a bankruptcy judge’s authority under Federal Rule of Civil Procedure 41 to impose conditions upon the voluntary dismissal of an adversary proceeding with prejudice. Finding no error in the Bankruptcy Court’s exercise of its discretion, the Panel will affirm.

Posted by: Tanja Trezise on Dec 28, 2021

In this interlocutory appeal, the employer asserts the trial court erred in declining to grant its pre-hearing motion in limine to exclude the testimony of an expert witness based on the alleged unreliability of the information and data on which the expert relied. In denying the motion, the trial court concluded the issues noted by the employer impact the weight but not the admissibility of the expert’s opinions, and the employer has appealed. Discerning no error, we affirm the trial court’s order and remand the case.

Posted by: Tanja Trezise on Dec 28, 2021

Week of December 20, 2021 - December 24, 2021

Posted by: Tanja Trezise on Dec 10, 2021

A Knox County jury convicted the defendants, Byron Hartshaw and Gary Lee Emory, of robbery, aggravated robbery, and aggravated burglary. The trial court imposed total effective sentences of fifteen years for Defendant Hartshaw and twelve years for Defendant Emory. In this consolidated appeal, both defendants challenge the sufficiency of the evidence, the jury instructions, and the admission of certain evidence. They also contend that the State’s closing argument amounted to prosecutorial misconduct. Defendant Emory additionally argues that the trial court provided “improper assistance” to the State, he challenges the length of his sentence, and he contends that cumulative error entitles him to a new trial. After a thorough review of the record and applicable law, we affirm the trial court’s judgments

Posted by: Tanja Trezise on Dec 10, 2021

Prior to his death, the decedent brought suit for personal injury and loss of consortium in the Circuit Court of Kanawha County, West Virginia against more than seventy defendants after being diagnosed with mesothelioma. Ultimately, the parties in that matter reached a settlement. After informing the West Virginia court of the resolution of the matter, the case was closed by the court. Shortly thereafter, and prior to full disbursement of the settlement proceeds, the decedent died from mesothelioma. Several of the decedent’s heirs then brought the present action in Tennessee, seeking to have the settlement proceeds received pursuant to the West Virginia litigation characterized as wrongful death proceeds. The trial court dismissed the heirs’ action, and this appeal followed. We affirm the trial court’s dismissal.

Posted by: Tanja Trezise on Dec 10, 2021

This divorce action concerns the trial court’s classification and division of the marital estate and award of alimony to the wife. We affirm the judgment of the trial court.

Posted by: Tanja Trezise on Dec 10, 2021

The employee, a conveyor line attendant, reported falling onto her left side when she slipped on a wet mat at work. Following the receipt of certain authorized medical care, the employee sought treatment on her own for her left knee complaints. She subsequently asked the court to deem her selected physician the authorized treating physician for her left knee and to compel the employer to authorize treatment recommended by that physician. She also asked the trial court to order reinstatement of temporary disability benefits and assess certain penalties, attorney’s fees, and expenses against the employer. Following an expedited hearing, the trial court declined to order the requested benefits, concluding the employee was not justified in seeking treatment on her own under the circumstances presented. The employee has appealed. Following the filing of Employee’s notice of appeal, the parties filed additional documents indicating Employee had selected a physician from Employer’s panel. Upon careful consideration of the record, we affirm the trial court’s order in part, conclude part of the appeal is moot, and remand the case.

Posted by: Tanja Trezise on Dec 9, 2021

A Monroe County Criminal Court Jury convicted the Appellant, Joseph John Turchin, of two counts of especially aggravated sexual exploitation of a minor, Tenn. Code Ann. § 39- 17-1005, one count of sexual exploitation of a minor, Tenn. Code Ann. § 39-17-1003, and one count of unlawfully photographing a minor in violation of the minor’s privacy, Tenn. Code Ann. § 39-13-605. The trial court imposed a total effective sentence of twenty years in the Tennessee Department of Correction. On appeal, the Appellant contends that the trial court erred by denying his motion to suppress, arguing that he was not properly served with a warrant for the search of his cellular telephones. Upon review, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Dec 9, 2021

The Defendant, Cleotris Ruben, entered guilty pleas pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), to one count of theft of property valued more than $1,000 but less than $2,500, a Class E felony, and one count of theft of property valued $1,000 or less, a Class A misdemeanor. After entry of the pleas but prior to sentencing, the Defendant discovered that, contrary to what he had been told by the two attorneys representing him, he was not eligible for judicial diversion. The Defendant moved to withdraw his guilty pleas, and the trial court denied the motion. On appeal, this court concluded that counsel had a conflict of interest and reversed the decision, remanding for appointment of new counsel. The trial court appointed new counsel, held a hearing, and again denied the Defendant’s motion to withdraw his pleas, and the Defendant appeals. We conclude that the trial court abused its discretion in denying the motion, and we reverse and remand the case for entry of an order permitting withdrawal of the pleas and for further proceedings.

Posted by: Tanja Trezise on Dec 9, 2021

The Petitioner, Lavan Tremayne Johnson, Jr., filed for post-conviction relief, alleging that his counsel were ineffective and that his guilty pleas were not knowingly and voluntarily entered. The post-conviction court denied relief, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court.


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