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Posted by: Tanja Trezise on Apr 15, 2014

This appeal arises out of an inmate’s allegedly improper early release from jail. Stanley Walker (“Walker”), alleging that he was improperly released early from jail because the authorities did not want to pay for his medical care, sued Bradley County and Capt. Gabriel Thomas (“the Defendants”) in the Circuit Court for Bradley County (“the Trial Court”). The Trial Court dismissed certain of Walker’s claims for failure to state a claim and ultimately granted summary judgment for the Defendants on the remaining claim. Walker timely appealed.

Posted by: Tanja Trezise on Apr 15, 2014

A water utility challenges the authority of the Tennessee Regulatory Authority to order it to divest itself of the water system and to continue providing service until the sale. We find no error in the actions of the Tennessee Regulatory Authority.

Posted by: Tanja Trezise on Apr 15, 2014

This is a breach of contract case stemming from a commercial lease between Plaintiff Landlord and Defendant Tenants. Beginning in August 2011, Defendants failed to make rent payments in violation of their lease with Plaintiff. Plaintiff subsequently filed this lawsuit seeking damages specified in the lease. In response, Defendants raised the affirmative defense of unclean hands, contending that Plaintiff breached the lease first by objecting to and/or interfering with Defendants’ right under the lease to sublease the property without Plaintiff’s consent.

Posted by: Tanja Trezise on Apr 15, 2014

An employee asserted that he injured his lower back while working as a construction laborer for his employer. Approximately two years after the incident, the employee provided written notice of his injury to his employer. The employer denied the claim, contending that the employee failed to give timely notice of his injury and that his claim was barred by the statute of limitations. The trial court agreed with the employer and entered judgment in its favor. After a thorough review of the record, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Apr 15, 2014

An employee sustained a compensable lower back injury, had surgery, returned to work, and settled his claim. Several months later, he re-injured his lower back. After several surgical procedures, he was unable to return to work. He filed this action for workers’ compensation benefits against his employer and the Second Injury Fund. The trial court awarded permanent total disability benefits, apportioning 50% of the award to the employer and 50% to the Fund.

Posted by: Tanja Trezise on Apr 14, 2014

The petitioner, Maurice Williams, appeals from the denial of his petition for post-conviction relief from his 2007 Shelby County Criminal Court jury convictions of carjacking and aggravated robbery, claiming that he was deprived of the effective assistance of counsel. Discerning no error, we affirm.

Posted by: Tanja Trezise on Apr 14, 2014

Following a jury trial, Defendant, Donald Prescott, was found guilty of especially aggravated robbery. He was sentenced to serve thirty years’ incarceration. In this appeal as of right, Defendant presents two issues for review.

Posted by: Tanja Trezise on Apr 14, 2014

The Petitioner, Michael Martin, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his 2009 convictions for attempt to commit second degree murder, aggravated assault, and violating an order of protection and his effective eighteen-year, eleven-month, and twenty-nine-day sentence.

Posted by: Tanja Trezise on Apr 14, 2014

The Defendant, Tommy Higdon, was convicted by a Campbell County Criminal Court jury of three counts of reckless endangerment, Class A misdemeanors, assault, a Class A misdemeanor, and resisting arrest, a Class B misdemeanor. See T.C.A. § 39-13-101, 39-13- 103, 39-16-602 (2010). He was sentenced to concurrent sentences of eleven months, twentynine days for the reckless endangerment and assault convictions and six months for the resisting arrest conviction, all to be served on probation.


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