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Posted by: Tanja Trezise on Nov 16, 2020

After a bench trial, the Defendant, Austin Forkpa, was convicted of resisting arrest, for which he received a six-month sentence. On appeal, the Defendant argues that his conviction was not supported by sufficient evidence, specifically alleging that he did not intentionally use force to prevent or obstruct an arrest and, alternatively, that he was acting in self-defense based upon the officers’ use of excessive force. After our review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Nov 16, 2020

Defendants appeal the trial court’s grant of summary judgment to the plaintiff corporation, the effect of which was to accord full faith and credit to a New York judgment based on a confession of judgment, or cognovit note. Defendants argue that the foreign judgment should not be enrolled in Tennessee because it is contrary to public policy, based on Tennessee Code Annotated section 25-2-101(a), which prohibits the use of prelitigation confessions of judgment and declares void any judgment based upon such a device. After reviewing the record and case law, we hold that the Constitution’s full faith and credit mandate requires enrollment of the foreign judgment so long as Defendants validly waived their due process rights. Accordingly, we affirm.

Posted by: Tanja Trezise on Nov 16, 2020

SUTTON, Circuit Judge. Donna Zirbel received a $351,000 retirement-benefits payment from Ford Motor Company. But the payment was two sizes too big. When Ford learned of the mistake, it asked for the extra money back. Zirbel refused. She sued Ford, seeking a declaration that she could keep the money. Ford stood by its decision. The district court granted summary judgment to Ford, requiring Zirbel to return the $243,000 in overpayments. We affirm.

Posted by: Tanja Trezise on Nov 16, 2020

The petitioner, Elvis Louis Marsh, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial. Following our review, we affirm the denial of the petition.

Posted by: Tanja Trezise on Nov 16, 2020

The plaintiff instituted this action to recover payments allegedly due under an agreement to sell his membership interest in a corporation. Following a bench trial, the trial court agreed with the defendant corporation’s contention that the “additional consideration” provision of the agreement was void and unenforceable because it was not supported by consideration. The trial court determined that the corporation received no consideration in exchange for its promise to make annual payments to the plaintiff. The plaintiff has appealed. Upon thorough review, we conclude that sufficient consideration supported the agreement, and we reverse the trial court’s judgment in that regard. The balance of the trial court’s judgment is affirmed.

Posted by: Tanja Trezise on Nov 16, 2020

Week of November 9, 2020 - November 13, 2020

Posted by: Tanja Trezise on Nov 12, 2020

CHAD A. READLER, Circuit Judge. Federal prisoner Derrick Grant punched a prison guard while awaiting sentencing for an armed robbery conviction. He was charged with (and later pleaded guilty to) violating 18 U.S.C. § 111, which criminalizes assaulting federal officers and those who assist them. Challenging that conviction today, Grant contends that § 111 does not apply where, as here, the assault victim was a private contractor, not a federal employee, and, at the time of the assault, the contractor was not assisting a federal employee. As even Grant acknowledges, however, we do not write on a clean slate in resolving this appeal. We have previously held that § 111 encompasses circumstances like this one, where a private employee performs the same federal duties a federal employee would otherwise fulfill. Accordingly, we affirm the district court’s judgment.

Posted by: Tanja Trezise on Nov 12, 2020

CHAD A. READLER, Circuit Judge. When WestRock Services denied Michael Flowers an opportunity to interview for a pipefitter position, Flowers sued the company for violating the Age Discrimination in Employment Act. Flowers, however, did not maintain the qualifications required by WestRock for the position. And outside of strict age-based considerations, the ADEA does not empower job applicants to second-guess the qualifications preferred by a potential employer. We thus AFFIRM the district court’s judgment in favor of WestRock.

Posted by: Tanja Trezise on Nov 12, 2020

SUTTON, Circuit Judge. If the “robb’d that smiles steals something from the thief,” William Shakespeare, Othello, act 1, sc. 3, what of the robbed that shoots back? When Lamar Clancy tried to rob a store at gunpoint, the store’s employees responded in kind, shooting Clancy in the arm. The wound landed Clancy in the hospital, where police seized bloodied clothing they saw at his bedside. Clancy now appeals the convictions that sprang from the discovery of his clothing. We affirm.

Posted by: Tanja Trezise on Nov 12, 2020

A Shelby County jury convicted the Defendant, Michael Wilson, of first degree felony murder, criminal attempt to commit second degree murder, aggravated robbery, and employing a firearm during the commission of a felony, and the trial court sentenced him to life in prison. In this appeal, the Defendant contends that the evidence is insufficient to support his convictions. After review, we affirm the trial court’s judgments.


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