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Posted by: Karen Belcher on Jun 8, 2021

SUTTON, Chief Judge. Kentucky guarantees free health insurance to public servants who meet the age and years-of-service requirements. When several police officers reached the requisite age under Kentucky law, they retired and began collecting a pension and obtaining free health insurance. Before long, they each came out of retirement, started working for a different state agency, began drawing a new salary, and kept their healthcare. Or so they thought. Kentucky cancelled their health insurance and required them to pay the premiums for the insurance plan offered by their new state employer. The officers sued, claiming that the Commonwealth violated its commitment to provide free healthcare and that this broken promise violated state law. Kentucky defended the lawsuit on a single ground: Federal Medicare law made the Commonwealth do it. The district court granted summary judgment to the officers. It ordered Kentucky to reinstate the officers’ insurance and to pay retroactive money damages. We affirm the order of reinstatement, affirm the damages awards premised on newly incurred insurance premiums, and vacate and remand for further consideration the awards premised on lost wages.

Posted by: Karen Belcher on Jun 8, 2021

Employee filed a workers’ compensation claim against Employer alleging mental injury resulting from traumatic work-related experiences that occurred years earlier. Employer denied the claim and moved for summary judgment citing the statute of limitations. The Court of Workers’ Compensation Claims denied the motion. The Workers’ Compensation Appeals Board vacated the order and remanded for the court to consider whether it had subject matter jurisdiction based on Employee’s alleged date of injury. After a second hearing, the court again denied summary judgment, concluding the date of Employee’s mental injury should be determined by the “discovery rule” and the “last day worked” rule. The Appeals Board reversed and remanded for entry of an order of dismissal based on lack of subject matter jurisdiction. Employee appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the Appeals Board and adopt its opinion as set forth in the attached Appendix.

Posted by: Karen Belcher on Jun 8, 2021

This appeal concerns the termination of a mother’s parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Cocke County (“the Juvenile Court”) seeking to terminate the parental rights of Jamie W. (“Mother”) to her minor children, Brittany W. and Isaiah W. (“the Children,” collectively). After a hearing, the Juvenile Court entered an order terminating Mother’s parental rights on three grounds. Mother appeals, arguing that termination of her parental rights is not in the Children’s best interest. We find, first, that the grounds found against Mother were proven by clear and convincing evidence. We find further, also by clear and convincing evidence, that termination of Mother’s parental rights is in the Children’s best interest. We affirm the Juvenile Court.

Posted by: Karen Belcher on Jun 7, 2021

CHAD A. READLER, Circuit Judge. After officers discovered drugs and firearms in his home, Rafael Moore pleaded guilty to violating various federal laws. Moore’s plea agreement allowed him to challenge on appeal aspects of his prosecution, including that the warrant supporting the search of his home lacked probable cause. He did just that. As none of Moore’s arguments have merit, however, we affirm the district court’s judgment.

Posted by: Karen Belcher on Jun 7, 2021

The Appellant, Ricky Allen Davis, was convicted in the Knox County Criminal Court of first degree premediated murder and unlawful possession of a firearm and received concurrent sentences of life and eight years, respectively. On appeal, the Appellant contends that the evidence is insufficient to support the convictions and that the trial court committed plain error by admitting a witness’s hearsay statement into evidence, by allowing a witness to testify that she saw the Appellant with a gun prior to the shooting when there was no evidence that it was the same gun used in the shooting, and by allowing a witness to testify that low-income people often shared cellular telephones and did not help the police due to fear of retribution. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Jun 7, 2021

The plaintiff tested positive for HSV-2, a sexually transmitted disease, after her sexual relationship with the defendant ended. She filed a complaint against the defendant, claiming that he was liable for transmitting the disease to her. The defendant had his blood tested after being served with the plaintiff’s complaint, and his blood results were negative for both HSV-2 and HIV. The trial court granted the defendant’s motion for summary judgment, and the plaintiff appealed. We affirm the trial court’s judgment.

Posted by: Karen Belcher on Jun 7, 2021

For the week of June 1, 2021 - June 4, 2021

Posted by: Karen Belcher on May 28, 2021

THAPAR, Circuit Judge. This case is about whether the government can allocate limited coronavirus relief funds based on the race and sex of the applicants. We hold that it cannot. Thus, we enjoin the government from using these unconstitutional criteria when processing Antonio Vitolo’s application.

Posted by: Karen Belcher on May 28, 2021

The petitioner, Jasper Lee Vick, appeals from the summary dismissal of his petition for post-conviction DNA analysis. Following our review, we affirm the judgment of the post- conviction court summarily dismissing the petition.

Posted by: Karen Belcher on May 28, 2021

Xavier Montelious Riley, Defendant, entered a best interest guilty plea with the length and manner of the service of the sentence to be determined following a sentencing hearing. The trial court denied an alternative sentence and imposed an effective sentence of ten years and six months to be served in confinement. After a review of the record and applicable law and finding no error, we affirm the judgments of the trial court.


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