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Posted by: Karen Belcher on Jul 11, 2022

JULIA SMITH GIBBONS, Circuit Judge. Several Detroit homeowners, on behalf of themselves and all others similarly situated, sued the City of Detroit, Wayne County, and several city, county, and state individuals in their official capacities alleging a denial of due process and other state law violations as a result of the untimely mailing of property tax assessment notices in 2017. The district court granted defendants’ motions to dismiss for lack of subject matter jurisdiction, finding the Tax Injunction Act (“TIA”) and the principle of comity barred plaintiffs’ action. Because we find the state remedy is uncertain, federal jurisdiction is permitted. We reverse and remand for further proceedings.

Posted by: Karen Belcher on Jul 11, 2022

Defendant, Kadrean J. Brewster, pled guilty to possession with the intent to sell more than 0.5 grams of cocaine. He was sentenced to eight-years split between one year in confinement and the remainder of the sentence on probation. Following revocation hearings, Defendant’s probation was revoked and Defendant was ordered to serve the balance of his sentence in confinement. On appeal, Defendant contends the trial court abused its discretion in revoking his probation and ordering him to serve the sentence in confinement. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Jul 11, 2022

The trial court granted Appellees’ motion to dismiss. Appellants appealed. Due to the deficiencies in Appellants’ brief, we do not reach the substantive issue and dismiss the appeal.

Posted by: Karen Belcher on Jun 30, 2022

Defendant, Daljit Singh, appeals the criminal court’s dismissal of his general sessions appeal from payment of a traffic citation after he filed a motion to withdraw payment of the citation. Following our review of the entire record and the parties’ briefs, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Jun 30, 2022

Defendant, Mischa Knight Claiborne, was indicted by the Scott County Grand Jury for four counts of aggravated battery, one count of solicitation of a minor to commit aggravated sexual battery, nine counts of sexual battery, one count of rape, and one count of continuous sexual abuse of a child. Defendant pleaded guilty to four counts of attempted aggravated sexual battery, one count of solicitation of a minor, nine counts of sexual battery, one count of rape, and the continuous sexual abuse of a child charge was dismissed. Following a sentencing hearing, the trial court denied alternative sentencing and ordered Defendant to serve an effective 15 years’ incarceration. Defendant appeals his sentences as excessive. After a thorough review, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Jun 30, 2022

In this landlord-tenant dispute, the circuit court concluded that the landlord violated the Uniform Residential Landlord and Tenant Act (“Landlord/Tenant Act”), Tenn. Code Ann. §§ 66-28-101 to -522, and awarded the tenants $3,000 in compensatory damages and $25,000 in punitive damages. The landlord appealed the punitive damages award. Because the landlord failed to file either a transcript or statement of the evidence, we conclusively presume that the record would have supported an award ofpunitive damages, and we affirm the circuit court’s judgment as modified.

Posted by: Karen Belcher on Jun 30, 2022

The Appellant, Desean Allen Blackman, was convicted in the Madison County Circuit Court of two counts of aggravated sexual battery, a Class B felony, and received concurrent nine-year sentences to be served at one hundred percent. On appeal, the Appellant contends that the evidence is insufficient to support the convictions and that the trial court erred by allowing a law enforcement officer to testify that the Appellant invoked his right not to speak with the officer. Based upon the record and the parties’ briefs, we conclude that the evidence is sufficient to support the convictions. We also conclude that the trial court erred but that the error was harmless beyond a reasonable doubt. Accordingly, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Jun 30, 2022

In this case involving allegations of attorney misconduct and negligence, the trial court granted summary judgment in favor of the defendant attorneys and their respective firms. The defendants had previously represented the plaintiffs in a wrongful death lawsuit until the defendants withdrew from representation. The trial court determined that the plaintiffs’ claims were barred by the applicable statute of limitations and that the plaintiffs had failed to refute the affidavit of one defendant attorney, who opined that the pertinent standard of care had not been breached. The plaintiffs have appealed. Discerning no reversible error, we affirm.

Posted by: Karen Belcher on Jun 30, 2022

Appellant appeals the trial court’s order affirming the award of an arbitrator. Appellant filed suit against its former employee, the Appellee, alleging breach of contract for violation of certain provisions of the employee handbook, which also contained an arbitration clause. Because the handbook does not constitute an enforceable employment contract, the trial court erred in ordering the parties to arbitrate and in affirming the arbitrator’s award. Reversed and remanded.

Posted by: Karen Belcher on Jun 29, 2022

JANE B. STRANCH, Circuit Judge. David Ziesel pleaded guilty to bank robbery, and was sentenced to 46 months’ imprisonment. In this appeal, Ziesel challenges the district court’s application of a two-level enhancement for “physical restraint” under § 2B3.1(b)(4)(B) of the United States Sentencing Guidelines (USSG or Guidelines). Because neither the plain language of the Guidelines nor our case law supports application of the enhancement under the facts of this case, we REVERSE and REMAND for resentencing without the enhancement.


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