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Posted by: Tanja Trezise on Feb 21, 2020

Political party filed suit against the county election commission and the State election coordinator requesting injunctive relief to prevent a county election commission from allowing a replacement for a candidate in another party’s primary election for the office of state representative who had withdrawn from the race after the qualifying deadline; the plaintiff party also sought a declaration that the withdrawal of the original candidate did not allow for a replacement under the circumstances presented. The primary election ensued, and the replacement candidate advanced to the general election; thereafter, the trial court denied the injunction and granted the defendants’ motions to dismiss the action. After the appeal was filed but before argument, the general election was held and the other party’s candidate was elected. We have determined that this case is moot and, accordingly, dismiss the appeal; we deny the request for damages for a frivolous appeal.

Posted by: Tanja Trezise on Feb 21, 2020

This appeal involves a contentious dispute over the designation of the primary residential parent for a child born to the unmarried parties. Having carefully reviewed the voluminous record before us, we reverse the decision of the trial court and designate the mother as the primary residential parent. The case is remanded for entry of a permanent parenting plan consistent with this court’s opinion.

Posted by: Tanja Trezise on Feb 20, 2020

The Defendant, Jeremy Randall C. Ledbetter, was convicted by a Davidson County Criminal Court jury of two counts of rape of a child, a Class A felony; two counts of aggravated sexual battery, a Class B felony; two counts of soliciting sexual exploitation of a minor, a Class B felony; and one count of exploitation by displaying sexual acts to a minor, a Class C felony. See T.C.A. §§ 39-13-522 (2018) (rape of a child), 39-13-504 (2018) (aggravated sexual battery), 39-13-529(a) (soliciting sexual exploitation of a minor) (Supp. 2011, Supp. 2012, Supp. 2013), 39-13-529(b)(1) (displaying sexual acts to a minor). The Defendant is serving an effective eighty-one years for the convictions. On appeal, he contends that (1) the evidence is insufficient to support his convictions, (2) the State’s election of offenses was inadequate, (3) the trial court erred in denying his motion for a severance, (4) the court erred in admitting evidence, and (5) his sentence is excessive. We affirm the judgments of the trial court.

Posted by: Tanja Trezise on Feb 20, 2020

SUTTON, Circuit Judge. Michael Bailey petitioned a federal district court for a writ of habeas corpus because he believes the Ohio Parole Board violated his right to due process by relying on inaccurate records about the nature of his underlying murder conviction. The district court dismissed the § 2254 petition because it did not state a plausible claim for habeas relief. We affirm.

Posted by: Tanja Trezise on Feb 20, 2020

The Petitioner, Bradley Townsend, appeals the Roane County Criminal Court’s denial of his petition for post-conviction relief from his two convictions of aggravated sexual battery, a Class B felony, and resulting sentence of eight years. On appeal, he contends that he received ineffective assistance of counsel because trial counsel failed to request jury instructions on certain lesser-included offenses. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the Petitioner received the ineffective assistance of counsel with regard to his conviction of aggravated sexual battery in count twenty-one. Therefore, we reverse the judgment of the post-conviction court as to that count and remand the case to the trial court for further proceedings consistent with this opinion.

Posted by: Tanja Trezise on Feb 20, 2020

Petitioner, Jamaal Mayes, appeals the dismissal of his petition for post-conviction relief from his 2003 guilty-pleaded conviction for attempted rape of a child. Petitioner argues that the statute of limitations should be tolled on due process grounds to assert a laterarising claim, namely that he did not become aware that he was subject to community supervision for life until more than ten years after his plea. After a hearing, the postconviction court dismissed the petition as untimely. Upon review, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Feb 20, 2020

The Petitioner, Garrick Graham, filed a pro se motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. The Sullivan County Criminal Court granted the motion in part and denied the motion in part, and the Petitioner appeals the trial court’s denial. Based upon our view of the record and the parties’ briefs, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Feb 20, 2020

This appeal arises from a lawsuit alleging racial discrimination in the workplace. Mona Word (“Word”), an African-American woman who worked in the Knox County Clerk’s Office for 19 years, sued Knox County Clerk Foster D. Arnett, Jr. (“Arnett”) in his individual and official capacity, Knox County, Tennessee (“Knox County”), and the Knox County Clerk’s Office (“Defendants,” collectively) asserting a number of claims, including violations of the Tennessee Human Rights Act (“the THRA”). According to Word, she was denied opportunities for promotion because of her race, and was singled out for discipline because of her race, as well. Defendants filed a motion for judgment on the pleadings, which the Circuit Court for Knox County (“the Trial Court”) granted. Word appealed to this Court. Accepting Word’s factual allegations as true as is required at the motion for judgment on the pleadings stage, we hold that Word alleged enough to withstand Defendants’ motion with respect to certain of her claims against Knox County and Arnett in his individual capacity. However, we affirm the Trial Court’s dismissal of Word’s claims against Arnett in his official capacity and the Knox County Clerk’s Office, as well as Word’s claims for intentional and negligent infliction of emotional distress. The judgment of the Trial Court thus is affirmed, in part, and reversed, in part, and this cause is remanded for further proceedings consistent with this Opinion.

Posted by: Tanja Trezise on Feb 20, 2020

This appeal stems from a workplace injury on a construction site. On his first day on the job, Marc Douglas Swindle (“Plaintiff”) fell from the roof of a building that was under construction. It is undisputed that Plaintiff was authorized to work on the job site and that he was working in the course and scope of his employment when injured. What is disputed is the identity of his employer: whether he was in the employ of the general contractor or one of the subcontractors. Plaintiff initially filed a claim with the Tennessee Bureau of Workers’ Compensation, Court of Workers’ Compensation Claims, naming the general contractor as his employer; however, Plaintiff voluntarily dismissed his workers’ compensation claim when the general contractor filed a response stating that Plaintiff was not its employee. Thereafter, Plaintiff and his wife filed this tort action in circuit court to recover damages from the general contractor, two of its subcontractors, and the owner of the property for the injuries he sustained at the construction site. Finding it undisputed that Plaintiff’s injuries were sustained in the course and scope of his employment, the circuit court held that it was without jurisdiction to consider the tort claims because the workers’ compensation exclusive remedy doctrine applied. For these reasons, the court dismissed the complaint. Plaintiffs appeal. We affirm.

Posted by: Tanja Trezise on Feb 20, 2020

Timothy J. Pagliara (“Plaintiff”) filed suit against Marlene Moses and MTR Family Law, PLLC (collectively, “Defendants”), alleging malicious prosecution, civil conspiracy, intentional infliction of emotional distress, and negligent infliction of emotional distress. Defendants filed a motion to dismiss, pursuant to Tennessee Rule of Civil Procedure 12.02(6), which the Trial Court granted. Plaintiff timely appealed to this Court. Discerning no reversible error, we affirm the Trial Court’s dismissal of Plaintiff’s claims.


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