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Posted by: Tanja Trezise on Apr 22, 2020

In this interlocutory appeal, the employee asserted he has numerous medical conditions caused by workplace exposures to asbestos, lead, and other toxins over a twenty-nine year employment period. The employer denied the claim, asserting there is no proof that occupational exposures to any toxins were the primary cause of any of the employee’s alleged medical conditions. The dispute certification notice also identified as disputed issues jurisdiction, lack of proper notice, and the expiration of the statute of limitations. The employer asserted the employee had retired in June 2014. Following an expedited hearing, the trial court concluded the employee was not likely to prevail at trial on the issue of medical causation and denied the employee’s claim for medical benefits. The employee has appealed. Because we conclude the trial court must address subject matter jurisdiction as a threshold issue, we vacate the trial court’s expedited hearing order and remand the case.

Posted by: Tanja Trezise on Apr 21, 2020

A police department seized a car after citing its owner for driving on a revoked license. Following the issuance of a forfeiture warrant and a contested case hearing, the Tennessee Department of Safety and Homeland Security forfeited the owner’s interest in the car. The car owner petitioned for judicial review, contending that the forfeiture violated the Due Process Clause of the Fourteenth Amendment and the Excessive Fines Clause of the Eighth Amendment to the United States Constitution. The chancery court denied the petition after determining that there were no constitutional violations. We affirm.

Posted by: Tanja Trezise on Apr 21, 2020

JOHN K. BUSH, Circuit Judge. Ryan Sumlin appeals his conviction for distribution of drugs that caused the death of Carrie Dobbins, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C), which carries enhanced penalty provisions. Sumlin argues that the district court should have excluded evidence obtained from a search of his residence because the affidavit supporting the search warrant was invalid. He also contends that Amanda Kelly (Carrie’s sister and Sumlin’s ex-girlfriend who had bought drugs from him) should not have been allowed to provide certain testimony about his past relationship with Carrie. Finally, Sumlin claims that there was insufficient evidence to show that he distributed the drugs that caused Carrie’s death.

For the reasons outlined below, we find that (1) the district court properly denied Sumlin’s suppression motion, given that the affidavit established a sufficient nexus between his drug trafficking activity and residence; (2) the court properly admitted Kelly’s testimony, as it was intrinsic proof that was relevant for providing background information and contextualizing the government’s case against Sumlin; and (3) sufficient evidence supported the jury’s verdict that Sumlin distributed the drugs that caused Carrie’s death. Therefore, we AFFIRM.

Posted by: Tanja Trezise on Apr 21, 2020

SUTTON, Circuit Judge. The parties agree that the Twenty-first Amendment allows Michigan to distribute alcohol within its borders solely through a three-tier system, one composed of producers, wholesalers, and retailers. And the parties agree that Michigan may impose all manner of regulations on its wholesalers (e.g., that they be in the State, adhere to minimum prices, and decline to offer volume discounts) as well as on its retailers (e.g., that they be present in the State, sell only within the State, and comply with health-and-safety rules). What separates the parties is whether Michigan may permit its retailers to offer at-home deliveries within the State while denying the same option to an Indiana retailer who does not have a Michigan retail license. Because the Twenty-first Amendment permits Michigan to treat in-state retailers (who operate within the three-tier system) differently from out-of-state retailers (who do not), we uphold the law.

Posted by: Tanja Trezise on Apr 21, 2020

BERNICE BOUIE DONALD, Circuit Judge. In 2018, Christopher T. Fowler (“Fowler”) pled guilty to possession of child pornography and violations of the conditions of his supervised release from a previous conviction for the same. Under 18 U.S.C. § 3014, the district court ordered Fowler to pay a $5,000 special assessment for possession of child pornography. The district court also varied upward and sentenced Fowler to the maximum statutory penalty for violating the conditions of his supervised release. On appeal, Fowler challenges both the $5,000 special assessment and the court’s decision to vary upward to the maximum for the violation of the conditions on his supervised release. Because we find the district court committed plain error by failing to address Fowler’s ability to pay the assessment, we VACATE the district court’s imposition of the assessment and REMAND for a determination of indigency. However, we AFFIRM the district court’s sentence of Fowler on the violation of the conditions on his supervised release.

Posted by: Tanja Trezise on Apr 21, 2020

Rodney Darnell Robinson (“Defendant”) was convicted in Davidson County Criminal Court of two counts of child abuse, five counts of aggravated sexual battery, four counts of rape of a child, two counts of sexual battery by an authority figure, two counts of rape, and one count of attempted rape of a child, for which he received an effective sentence of sixty years’ incarceration. On appeal, Defendant contends that: (1) the evidence was insufficient to support his convictions; (2) he was denied the effective assistance of counsel; (3) the trial court erred by allowing trial counsel to proceed while “clearly ill”; (4) the trial court failed to remedy statements made during voir dire by a potential juror, thereby depriving Defendant of a fair trial; (5) the trial court erred in allowing cumulative testimony in the cross-examination of Defendant; (6) the trial court erred in allowing improper leading questions to a witness; (7) the trial court erred in the admission of certain evidence; (8) the trial court erred in the exclusion of certain evidence; (9) there was an appearance of bias from the trial judge that violated Defendant’s due process rights; and (10) cumulative error requires a new trial. Following a thorough review, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Apr 21, 2020

The Defendant, Marilda Evon Green, appeals from the Jefferson and Grainger County Circuit Courts’ orders revoking her probation based upon her guilty plea to a separate charge of aggravated statutory rape and reinstating her effective six-year sentence. The Defendant contends that the trial court abused its discretion by requiring her to serve the balance of her sentence in custody and subsequently denying her motions to reduce the sentence and petitions for early release. Following our review, we affirm.

Posted by: Tanja Trezise on Apr 21, 2020

The Defendant, Joseph E. Graham, was convicted by a Montgomery County Circuit Court jury of two alternate theory counts of felony murder; one count of especially aggravated burglary, a Class B felony; seven counts of especially aggravated kidnapping, Class A felonies; and five counts of attempted aggravated robbery, Class C felonies. The trial court merged the felony murder convictions and sentenced the Defendant to an effective term of life plus twenty years. On appeal, the Defendant argues that: (1) the evidence is insufficient to sustain his convictions, and there was insufficient evidence corroborating co-defendant Cheeks’ accomplice testimony; (2) the trial court erred in limiting his cross-examination of co-defendant Cheeks and excluding relevant evidence; and (3) he is entitled to a new trial based on the newly discovered evidence of codefendant Cheeks’ testimony at co-defendant Shelton’s trial. After review, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Apr 21, 2020

NORMA MCGEE OGLE, J., concurring in part and dissenting in part.

Posted by: Tanja Trezise on Apr 21, 2020

The Defendant, Kendall Allison Clark, pleaded guilty in the Criminal Court for Hamblen County to driving under the influence (DUI), a Class A misdemeanor. See T.C.A. § 55- 10-401 (2018). The trial court sentenced the Defendant to eleven months, twenty-nine days suspended to probation after forty-eight hours in confinement. On appeal, the Defendant presents a certified question of law regarding the legality of the traffic stop. We affirm the judgment of the trial court.


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