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Posted by: Tanja Trezise on Aug 6, 2014

Claimant insurance companies challenge the state’s calculation of the retaliatory tax. They filed claims for refunds in the claims commission. The commission ruled for the state. Claimants appealed, alleging that New York law required the charges at issue to be passed on to the policy holder, so the charges should not be included in the retaliatory tax calculation. We find that four of the charges should be included in the retaliatory tax calculation and two should not. Claimants also raise several constitutional challenges, all of which we reject.

Posted by: Tanja Trezise on Aug 6, 2014

Five separate groups of Pennsylvania-domiciled insurance companies filed five separate tax refund claims in which each challenges the imposition of retaliatory insurance premium taxes by the Tennessee Department of Commerce and Insurance pursuant to Tenn. Code Ann. § 56-4-218. The central issue presented is whether Pennsylvania’s surcharges or assessments for three Workmen’s Compensation funds are imposed upon Tennessee-domiciled insurance companies doing business in Pennsylvania and, therefore, fall within Tennessee’s retaliatory insurance premium tax statute.

Posted by: Tanja Trezise on Aug 6, 2014

Claimant insurance companies challenge the state’s calculation of the retaliatory tax. They filed claims for refunds in the claims commission. The commission ruled for the state. Claimants appealed, alleging that New York law required the charges at issue to be passed on to the policy holder, so the charges should not be included in the retaliatory tax calculation. We find that four of the charges should be included in the retaliatory tax calculation and two should not. Claimants also raise several constitutional challenges, all of which we reject.

Posted by: Tanja Trezise on Aug 6, 2014

Five separate groups of Pennsylvania-domiciled insurance companies filed five separate tax refund claims in which each challenges the imposition of retaliatory insurance premium taxes by the Tennessee Department of Commerce and Insurance pursuant to Tenn. Code Ann. § 56-4-218. The central issue presented is whether Pennsylvania’s surcharges or assessments for three Workmen’s Compensation funds are imposed upon Tennessee-domiciled insurance companies doing business in Pennsylvania and, therefore, fall within Tennessee’s retaliatory insurance premium tax statute.

Posted by: Tanja Trezise on Aug 6, 2014

Angela E. (“Mother”) appeals the termination of parental rights to her minor child, Aaron E. The Tennessee Department of Children’s Services (“DCS”) placed the child in protective custody based upon evidence of physical abuse. The abuse occurred while the child was in the care of Mother’s boyfriend. The Juvenile Court later made a finding that the child was dependent and neglected and granted temporary custody to DCS. DCS ultimately filed a petition to terminate Mother’s and the father’s parental rights.

Posted by: Tanja Trezise on Aug 5, 2014
Posted by: Tanja Trezise on Aug 5, 2014
Posted by: Tanja Trezise on Aug 5, 2014

Pursuant to a plea agreement, the Defendant, Michael Kent Walker, pleaded guilty to selling Schedule I and Schedule II controlled substances in a drug-free zone. The plea agreement provided that the Defendant would receive concurrent Range I sentences for one Class B felony and one Class C felony, with the trial court to determine his sentences. Following a sentencing hearing, the trial court sentenced the Defendant to serve an effective sentence of twelve years of incarceration. The Defendant asserts that the trial court abused its discretion in ordering an effective twelve-year sentence.

Posted by: Tanja Trezise on Aug 5, 2014

The defendant, Elmer Herbert Simpson, appeals his Hawkins County Criminal Court jury convictions of possession of a Schedule III drug with intent to deliver, see T.C.A. § 39-17- 417(a)(4), (d)(1), and maintaining a dwelling where controlled substances are kept or sold, see id. § 53-11-401(a)(5), both Class D felonies. On appeal, the defendant challenges the sufficiency of the convicting evidence and the propriety of his effective three-year sentence. We affirm the judgments of the trial court.

Posted by: Tanja Trezise on Aug 5, 2014

The Fentress County Grand Jury indicted Appellant, Leslie Warren Blevins, with three counts of aggravated assault. After a jury trial, Appellant was convicted of one count of aggravated assault and two counts of assault. As a result, he was sentenced to an effective sentence of five years in confinement. Appellant appeals, challenging both the sufficiency of the evidence and his sentence.


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