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Posted by: Karen Belcher on Sep 8, 2022

The Defendant-Appellant, Dominique Jamal Nichols, was convicted by a Tipton County Circuit Court jury of two counts of possession of a firearm by a convicted felon, one count of evading arrest, and two counts of driving on a suspended license. See Tenn. Code Ann. §§ 39-17-1307(b)(1)(A) (possession of a firearm by a convicted felon); 39-16-603 (evading arrest); 55-50-504 (driving on a suspended license). The trial court imposed concurrent sentences of 12 years for each of the firearm convictions, 11 months and 29 days for the evading arrest conviction, and 6 months for each driving on a suspended license conviction, for a total effective sentence of 12 years to be served in the Tennessee Department of Correction. On appeal, the Defendant contends that (1) the trial court erred in denying his motion to suppress “the stop and subsequent seizure of [the Defendant]’s vehicle[,]” and (2) the evidence was insufficient to support his convictions of possession of a firearm by a convicted felon. Following our review, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Sep 7, 2022

RONALD LEE GILMAN, Circuit Judge. James Clemons died from chronic obstructive pulmonary disease (COPD) in 2015. His widow, Peggy Clemons, filed a claim for survivor’s benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq., contending that her deceased husband’s respiratory illness was caused by his coal-mining employment at Huscoal, Inc. The Administrative Law Judge (ALJ) granted Clemons’s claim, and the Benefits Review Board (the Board) affirmed, concluding that the evidence was sufficient to establish the presence of legal pneumoconiosis. Huscoal and its insurance carrier, Security Insurance Company of Hartford, petition this court for review of that decision, arguing that the ALJ improperly relied on a doctor’s opinion that was based on inaccurate information. For the reasons set forth below, we DENY the petition for review.

Posted by: Karen Belcher on Sep 7, 2022

Andre Anthony (“Petitioner”) appeals the ruling of the Chancery Court for Davidson County (the “trial court”), dismissing his petition filed pursuant to the Uniform Administrative Procedures Act (“UAPA”). We conclude that this Court lacks jurisdiction and dismiss the appeal.

Posted by: Karen Belcher on Sep 7, 2022

In this interlocutory appeal, the employee reported suffering a back injury when a large cooler fell on her at work. The trial court determined that the causation opinions of both the initial authorized physician and the subsequent authorized physician were entitled to the statutory presumption of correctness. The court then weighed the contradictory opinions, determined the initial authorized physician’s opinion was entitled to greater weight, and concluded the employee had come forward with sufficient evidence to indicate a likelihood of prevailing on this issue at trial. As a result, it ordered the employer to provide the disputed surgery. The employer has appealed. Following a careful review of the record and the parties’ arguments, we affirm the decision of the trial court and remand the case.

Posted by: Karen Belcher on Sep 6, 2022

CLAY, Circuit Judge. Brothers Trevon and Deonte Gates appeal their sentences stemming from their involvement in a methamphetamine distribution network. On appeal, Trevon challenges the 72-month sentence he received for pleading guilty to one count of possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c)(1)(A)(i). He claims the district court’s failure to calculate his Sentencing Guidelines was procedural error. Likewise, Deonte challenges the 110-month sentence he received for pleading guilty to one count of possession with intent to distribute methamphetamine, 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(B)(viii). Deonte claims the district court improperly considered juvenile conduct when calculating his Sentencing Guidelines range. For the reasons set forth below, we VACATE Trevon’s sentence and REMAND for resentencing, and AFFIRM Deonte’s sentence.

Posted by: Karen Belcher on Sep 6, 2022

The Defendant, Randall Lee Pruitt, pleaded guilty in the Monroe County Criminal Court to three counts of rape, a Class A felony. See T.C.A. § 39-13-503 (2018). After a sentencing hearing, the trial court imposed nine and one-half years for each conviction and ordered consecutive service, for an effective twenty-eight-and-one-half-year sentence. On appeal, he contends that the court erred by ordering consecutive service. We affirm the judgments of the trial court.

Posted by: Karen Belcher on Sep 6, 2022

A mother appeals the termination of her parental rights. Because the mother did not file her notice of appeal within thirty days after entry of the final order as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Posted by: Karen Belcher on Sep 6, 2022

In this appeal of a compensation hearing, the employee questions the trial court’s exclusion of certain doctors’ reports and the trial court’s alleged actions during the trial regarding the employee’s testimony. The employee alleged he suffered a work-related repetitive injury, but the authorized physician opined that the injury was not primarily caused by the employment. The employee obtained causation opinions from other physicians he saw on his own, but the trial court excluded those records as inadmissible. Following a trial, the court found the employee had presented no admissible medical proof of an injury arising primarily out of his employment and denied the employee’s requests for temporary and permanent disability benefits, past medical expenses, and ongoing medical care. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s order and certify it as final.

Posted by: Karen Belcher on Sep 6, 2022

For the week of August 29, 2022 - September 2, 2022

Posted by: Karen Belcher on Aug 26, 2022

CLAY, Circuit Judge. Plaintiff Connie Thacker sued Defendants Ethicon Inc. and its parent company Johnson & Johnson (collectively “Ethicon”) alleging that two medical devices that Ethicon manufactured caused Thacker to suffer several injuries. She brought strict liability and negligence claims under the Kentucky Product Liability Act (“KPLA”) alleging design defect and failure to warn. See Ky. Rev. Stat. § 411.300–411.340. After the close of discovery, Ethicon moved for summary judgment. The district court granted Ethicon’s motion for summary judgment on Thacker’s KPLA claims. See Thacker v. Ethicon, Inc., 571 F. Supp. 3d 691, 695 (E.D. Ky. 2021). For the reasons set forth below, we REVERSE the district court’s order and REMAND for further proceedings.


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