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Posted by: Tanja Trezise on May 14, 2014

In 2007, the employee suffered a work-related back injury. After conservative treatment failed to provide relief, the employee underwent an unauthorized back surgery. Employee’s workers’ compensation claim was settled in 2009. The settlement provided for “future medical benefits relating to the back injury” of 2007, while precluding future benefits for unauthorized medical care. In 2011, the employee sought authorization for a second surgery by an authorized treating surgeon. The employer refused, asserting that it was not liable under the terms of the settlement.

Posted by: Tanja Trezise on May 14, 2014

Petitioner, Frederick Leon Tucker, sought a writ of error coram nobis. The hearing court found there were no due process concerns which would entitle petitioner to relief and dismissed the petition as not being filed within the applicable statute of limitations. Finding no error, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on May 14, 2014

The appellant, Charles Franklin Smith, appeals as of right from the judgments of the Knox County Criminal Court convicting the appellant of two counts of burglary. The appellant’s counsel has filed a motion to withdraw pursuant to Rule 22 of the Rules of the Tennessee Court of Criminal Appeals. We conclude that the motion is well-taken and, in accordance with Rule 22(F), affirm the trial court’s judgments pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.

Posted by: Tanja Trezise on May 14, 2014

The petitioner, Lawrence Ralph, appeals the denial of post-conviction relief, alleging that counsel provided ineffective assistance by not requesting the transcript of voir dire, and that the trial court erred by merging two convictions. Finding that the trial court properly denied post-conviction relief, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on May 14, 2014

The defendant, Andrew Quinn, appeals a certified question of law pertaining to the stop of his vehicle and the denial of a motion to suppress. Finding no error, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on May 14, 2014

The Petitioner, Jeremy Jarvis, appeals the denial of post-conviction relief, alleging ineffective assistance by counsel. Petitioner alleges that trial counsel was unaware of the law concerning self-defense until trial and was ineffective by asserting the defense of self-defense with regard to the death of an innocent third person; and was ineffective by failing to attempt to negotiate a settlement of the case short of trial. Finding that the court properly denied post-conviction relief, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on May 14, 2014

The pro se petitioner, Marvin Green, appeals the dismissal of two petitions for habeas corpus relief. He was sentenced to fifteen years under the Drug Free School Zone Act. He argues that he is a standard offender and should be released after service of thirty percent of the sentence, and he alleges errors in his indictment. Finding no error, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on May 14, 2014

Appellant, Larry Baltimore, was acting as a bail bondsman in Dyer County at the time this Court decided in In re: The Application of Tony Cox (Seeking to Qualify as Agent for Memphis Bonding), 389 S.W.3d 794 (Tenn. Crim. App. 2012), that a convicted felon could not act as a bail bondsman under Tennessee Code Annotated section 40-11-128. After Cox was decided, the trial court determined that Appellant could not be a bail bondsman because of a previous conviction for felony assault. Appellant appeals from this order and asks this Court to reverse its decision in Cox.

Posted by: Tanja Trezise on May 14, 2014

Plaintiff filed suit after she allegedly sustained injuries in an automobile accident. A jury trial was held, and at the close of Plaintiff’s proof, a verdict was directed in Plaintiff’s favor as to the liability of Defendant. However, the jury returned a verdict in favor of Plaintiff for zero dollars. Plaintiff filed a motion for additur or a new trial, which the trial court denied. We affirm the judgment of the trial court.

Posted by: Tanja Trezise on May 12, 2014

Defendant, Dustin Mark Vaughn, entered guilty pleas to the promotion of methamphetamine manufacture and the initiation of the process to manufacture methamphetamine. After a sentencing hearing, the trial court sentenced Defendant to concurrent sentences of four years for the promotion of methamphetamine manufacture conviction and twelve years for the methamphetamine initiation process conviction. The trial court denied Defendant’s request for alternative sentencing. On appeal, Defendant argues that the trial court erred by denying his request for alternative sentencing.


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