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Posted by: Karen Belcher on Jan 5, 2022

Petitioner, Timothy Lee Armstrong, appeals from the Trousdale County Circuit Court’s dismissal of his fourth petition for writ of habeas corpus. Petitioner alleges the trial court lacked jurisdiction to convict and to sentence him because the indictment was not filed by the court clerk, that the judgments against him are void because they do not contain a file- stamp date and that the trial court erred by dismissing his petition before he was allowed additional time to file a response to the State’s motion to dismiss. 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 Jan 5, 2022

The Notice of Appeal filed by the appellant, Philip James Burt, stated that appellant was appealing the judgment entered on September 13, 2021.   As the order appealed from does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Posted by: Karen Belcher on Jan 5, 2022

This is an appeal from a governmental tort liability case in which the trial court granted summary judgment in favor of the defendant governmental entity on the basis that it retained its immunity. Plaintiffs now appeal, arguing that the trial court erred in granting summary judgment. Specifically, plaintiffs contend that the trial court failed to consider their expert affidavit. On appeal, we reverse the trial court’s entry of summary judgment and remand for further proceedings.

Posted by: Karen Belcher on Jan 5, 2022

In this case involving the plaintiff corporation’s challenge to the business tax assessed against it by the defendant, Tennessee Commissioner of Revenue David Gerregano (“Commissioner”), the parties filed competing motions for summary judgment. Following a hearing, the trial court upheld the business tax assessed against the plaintiff at a retail tax rate, rather than the lower wholesale tax rate that the plaintiff argued was applicable, and which the plaintiff had paid. Granting summary judgment in favor of Commissioner, the trial court awarded to Commissioner a judgment for unpaid taxes in the amount of $141,004.70 plus interest from the date of the adjusted assessment. The plaintiff prematurely appealed the grant of summary judgment prior to the trial court’s entry of a post-judgment order awarding statutory attorney’s fees and expenses to Commissioner. Following entry of the post-judgment order, this appeal proceeded concerning the summary judgment order. Discerning no reversible error, we affirm.

Posted by: Karen Belcher on Jan 5, 2022

Following the employee’s reporting of a work-related shoulder injury, the employer accepted the employee’s claim and provided her with a panel of physicians. Following treatment by the authorized provider, the employee was returned to work without restrictions in July 2018. She subsequently sought unauthorized medical care, resulting in the employer’s filing a notice of denial on October 23, 2018. Approximately two years later on October 12, 2020, the employee filed a petition for benefit determination. The employer responded by filing a motion for summary judgment and, in support of its motion, asserted that its last payment of benefits occurred on August 1, 2018 and that the employee filed her petition more than one year after its last voluntary payment. Following a hearing, the trial court concluded the employer had negated an essential element of the employee’s claim and granted its motion. The employee has appealed. We affirm the trial court’s order, find the appeal to be frivolous, and certify the order as final.

Posted by: Karen Belcher on Jan 4, 2022

McKEAGUE, Circuit Judge. Dwayne Greene was booked into the Crawford County Jail on a Monday afternoon after having his bond revoked for attending a plea hearing while intoxicated. Over the next few days, Greene began hallucinating and exhibiting other symptoms of delirium tremens, a life-threatening complication of alcohol withdrawal that we have long recognized is an objectively serious medical need. See Kindl v. City of Berkley, 798 F.3d 391, 401 (6th Cir. 2015). On Friday morning, Greene suffered acute respiratory failure. He died four days later. Crawford County officials did not provide any medical care to Greene prior to his incapacitation. Instead, they sought only a mental health evaluation from the Northern Lakes Community Mental Health Authority and purportedly relied on that evaluation in deciding not to seek medical assistance.

Greene’s estate filed this suit under 42 U.S.C. § 1983, claiming that several jail officials were deliberately indifferent to Greene’s medical need and that Crawford County is liable for maintaining an unconstitutional policy of not providing medical care to inmates suffering from delirium tremens. The estate also brought the same claims against the mental health authority and its employees. The district court denied qualified immunity at summary judgment to some of the county officials and denied summary judgment to Crawford County on the estate’s municipal-liability claim. The county officials and Crawford County bring this interlocutory appeal, and the estate cross-appeals. For the following reasons, we affirm in part, reverse in part, and dismiss for lack of appellate jurisdiction Crawford County’s appeal on the estate’s municipal-liability claim.

Posted by: Karen Belcher on Jan 4, 2022

The defendant, Terry Lee McAnulty, appeals his Tipton County Circuit Court jury conviction of aggravated vehicular homicide, arguing that the evidence was insufficient to establish that his intoxication was the proximate cause of the accident that caused the death of the victim. Discerning no error, we affirm.

Posted by: Karen Belcher on Jan 4, 2022

The defendant, Adam Dewayne Holmes, appeals his Knox County Criminal Court jury convictions of facilitation of possession with intent to sell heroin, facilitation of possession with intent to deliver heroin, possession with intent to sell less than .5 grams of cocaine in a drug-free zone, possession with intent to deliver less than .5 grams of cocaine in a drug- free zone, and simple possession, arguing that the evidence was insufficient to support his convictions and that the trial court erred by denying his motion to suppress the results of what he alleges to be an unlawful vehicle search. Discerning no error, we affirm.

Posted by: Karen Belcher on Jan 4, 2022

Week of December 27, 2021 - December 31, 2021

Posted by: Karen Belcher on Dec 22, 2021

A Montgomery County jury convicted Defendant, Deandre Marrece Ellis, of second degree murder, tampering with evidence, and possession of a weapon by a convicted felon with a predicate felony involving force or violence, for which the trial court imposed an effective sentenceoffifty-oneyears’incarceration. Inthisdirectappeal,Defendantchallengesthe sufficiency of the evidence as it relates to his conviction for tampering with evidence. He asserts that, when he placed the murder weapon in water inside a toilet tank in a friend’s apartment, he intended only to conceal his possession of the gun and that the State failed to prove that his intent was to hinder the police investigation by impairing the gun’s “verity, legibility, or availability as evidence.” Following a thorough review, we affirm Defendant’s conviction for tampering with evidence.


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