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Posted by: Tanja Trezise on Aug 25, 2020

Defendant, John M. Banks, was convicted of aggravated burglary (Count One), possession of a firearm during the commission of a dangerous felony (Count Two), especially aggravated robbery (Count Three), and two counts of aggravated robbery (Counts Four and Five). The trial court imposed concurrent sentences of four years for aggravated burglary, eighteen years for especially aggravated robbery, and eight years for each count of aggravated robbery to run consecutively to a six-year sentence for possession of a firearm during the commission of a dangerous felony, for an effective twenty-four-year sentence. On appeal, Defendant argues that the evidence was insufficient to support his two convictions for aggravated robbery, that the trial court erred by denying his motion to suppress his statement, and that the trial court erred in sentencing him to eighteen years for his especially aggravated robbery conviction. Upon reviewing the record and applicable law, we reverse Defendant’s conviction for aggravated robbery in Count Five and affirm the remaining convictions and sentences.

Posted by: Tanja Trezise on Aug 25, 2020

The Petitioner, Kathy Alexander, appeals the Davidson County Criminal Court’s denial of her petition for post-conviction relief, seeking relief from her guilty plea to theft of property valued $60,000 or more but less than $250,000, a Class B felony, and her resulting sentence of twenty years as a Range III, persistent offender. On appeal, the Petitioner claims that she received the ineffective assistance of trial counsel and that her guilty plea was not knowing and voluntary. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Aug 24, 2020

CLAY, Circuit Judge. Defendants Christian Sherrill, Eddie Poindexter, and Willie Somerville were indicted on multiple criminal counts arising out of their attempted robbery of Timothy Edwards, during which Edwards was killed. Following a jury trial, all three were convicted of attempting to obstruct, delay, or affect commerce by robbery, in violation of 18 U.S.C. § 1951 (the “Hobbs Act”) and § 2, and the knowing use or carry of a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. §§ 924(c) and 2, or aiding and abetting those crimes. Somerville was also convicted of possessing a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c), and causing the death of a person through the use of a firearm in relation to a crime of violence, in violation of 18 U.S.C. § 924(j)(1).

Defendants now appeal their convictions and sentences. For the reasons set forth in this opinion, we AFFIRM the district court’s decision in its entirety.

Posted by: Tanja Trezise on Aug 24, 2020

JOHN K. BUSH, Circuit Judge. Joseph Tanniru Kishore and Norissa Santa Cruz seek to have their names placed on the Michigan ballot as candidates for president and vice president, respectively, without complying with the State’s ballot-access laws. They contend that the ballot-access requirements, as applied, are unconstitutionally burdensome under the First and Fourteenth Amendments to the United States Constitution when enforced alongside Michigan’s orders restricting in-person gatherings during the COVID-19 pandemic. Given binding precedent and measures taken by the State to accommodate ballot access during the pandemic, we hold that Kishore and Santa Cruz’s exclusion from the ballot does not violate these constitutional provisions. Therefore, we AFFIRM the district court.

Posted by: Tanja Trezise on Aug 24, 2020

KETHLEDGE, Circuit Judge. Gregory Atkins and his fellow plaintiffs represent a certified class made up of Tennessee prisoners suffering from hepatitis C. In 2016, they sued several officials in the state Department of Corrections, including its medical director, Dr. Kenneth Williams, alleging that the officials acted with deliberate indifference to the class’s serious medical needs in violation of the Eighth Amendment’s prohibition on cruel and unusual punishment. After a four-day bench trial, the court rejected the class’s claim. We affirm.

Posted by: Tanja Trezise on Aug 24, 2020

Nathan B. (“Father”) and Kendra B. (“Stepmother”) appeal the judgment of the Campbell County Circuit Court (the “Trial Court”) denying their petition for termination of the parental rights of Hannah B. (“Mother”), as to Mother’s two biological children. Because the Trial Court’s final order does not contain sufficient findings of fact and conclusions of law as to the best interests of the children, this Court is unable to engage in meaningful appellate review, and the judgment of the Trial Court is vacated and remanded.

Posted by: Tanja Trezise on Aug 24, 2020

This negligence action arose from approximately 102 events of food poisoning or illness purportedly related to numerous patrons (collectively, “Plaintiffs”) who dined at or visited Adventure House, LLC d/b/a River Drifters Restaurant and River Drifters Adventure Center (“the Restaurant”), located on real property owned by Robert L. Newman (“the Premises”). Plaintiffs filed suit against the Restaurant; Mr. Newman; and Charles and Renee Eich, the owners of the Restaurant. Upon Plaintiffs’ motion to certify the action as a class action, the Hamilton County Circuit Court (“trial court”) denied Plaintiffs’ motion upon a determination that Plaintiffs had failed to carry their burden to prove the commonality, typicality, and adequacy of representation elements required by Tennessee Rule of Civil Procedure 23.01. The trial court further determined that if those elements were met, the class could maintain its certification pursuant to Tennessee Rule of Civil Procedure 23.02(1)(b). However, based on its determination that the class did not satisfy the threshold certification requirements under Rule 23.01, the trial court denied Plaintiffs’ motion to certify the litigation as a class action. Plaintiffs have appealed. Discerning no reversible error, we affirm.

Posted by: Tanja Trezise on Aug 24, 2020

This appeal concerns a dispute over church property. David A. Hall (“Bishop Hall”), a bishop with The Church of God in Christ, Inc. (“COGIC”), tried to assert control over New Jerusalem Church of God in Christ (“New Jerusalem Church”), a COGIC member church, but was blocked by parties opposed to his pastorate. Bishop Hall, COGIC and New Jerusalem Church (“Plaintiffs,” collectively) sued these opponents (“Defendants,” collectively) in the Chancery Court for Shelby County (“the Trial Court”). Plaintiffs later filed a motion for summary judgment, which the Trial Court granted. Defendants appeal. Defendants argue, among other things, that under the ecclesiastical abstention doctrine, the Trial Court and this Court lack subject matter jurisdiction to adjudicate this dispute. However, we find this case amenable to resolution under the hybrid neutral-principles approach articulated by our Supreme Court in a factually similar case. The undisputed material facts show that New Jerusalem Church’s property is held in trust for COGIC and that Bishop Hall is the duly appointed Jurisdictional Bishop with rights of pastor at New Jerusalem Church. Plaintiffs are entitled to summary judgment. We affirm.

Posted by: Tanja Trezise on Aug 24, 2020

Week of August 17, 2020 - August 21, 2020

Posted by: Tanja Trezise on Aug 14, 2020

SILER, Circuit Judge. Plaintiff Mary Stewart appeals the district court’s grant of summary judgment to defendants, Officer Matthew Rhodes and the City of Euclid, on her claims brought pursuant to 42 U.S.C. § 1983 and state law. We AFFIRM dismissal of Stewart’s federal claims but REVERSE dismissal of Stewart’s state law claims and REMAND to the district court.


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