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Posted by: Karen Belcher on Aug 31, 2020

PER CURIAM. In 2012, a federal jury convicted James Dimora of numerous bribery- related offenses committed during his tenure on the Board of County Commissioners for Cuyahoga County, Ohio. Four years later, in McDonnell v. United States, 136 S. Ct. 2355 (2016), the Supreme Court gave a narrow construction to a key element included within several of those offenses. Dimora then petitioned to vacate his convictions under 28 U.S.C. § 2255, arguing that the jury instructions used at his trial were faulty in light of McDonnell. The district court denied relief. For the reasons that follow, we VACATE the district court’s order, DENY Dimora’s request to expand the scope of the Certificate of Appealability, and REMAND for further proceedings consistent with this opinion.

Posted by: Karen Belcher on Aug 31, 2020

In October of 2015, Defendant, Edward Walsh, was indicted by the Clay County Grand Jury for first degree murder, abuse of a corpse, tampering with evidence, and theft of property. The theft of property charge was severed, and the tampering with evidence charge was nolled before trial. After a jury trial, Defendant was found guilty of first degree murder and abuse of a corpse. The trial court sentenced Defendant to life imprisonment for the murder conviction and a concurrent two-year sentence for the abuse of a corpse conviction. On appeal, Defendant argues that the trial court erred in not severing the offenses of first degree murder and abuse of a corpse, that the trial court erred in admitting hearsay, that the trial court was not impartial, that the State’s closing argument was based on inferences from facts not in evidence, and that evidence was insufficient to prove first degree murder. After a thorough review of the record, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Aug 31, 2020

Week of August 24, 2020 - August 28, 2020

Posted by: Karen Belcher on Aug 21, 2020

Plaintiff client sued Defendant attorney and law firm for damages tied to a breach of an attorney’s fees contract following the completion of an arbitration matter. Following a jury trial, the jury returned a verdict in favor of defendants. Plaintiff appeals the denial of its motion for directed verdict and motion for new trial. Because the trial court erred in denying plaintiff’s motion for directed verdict on interpretation of the written contract at issue, we reverse the verdict entered by the trial court and remand with instructions to enter a directed verdict against the attorney and law firm in the amount of $67,335.69 and to determine whether prejudgment interest is warranted in this case.

Posted by: Karen Belcher on Aug 21, 2020
BOGGS, Circuit Judge. Carrier and ECIMOS once had a long-standing business relationship that has now deteriorated. Carrier is a leading manufacturer of residential Heating, Ventilation, and Air Conditioning (“HVAC”) systems and ECIMOS once produced the quality- control system that tested completed HVAC units at the end of Carrier’s assembly line. The present dispute centers on Carrier’s alleged infringement of ECIMOS’s copyright on its database-script source code—a part of ECIMOS’s software that stores test results. ECIMOS alleges that Carrier improperly used the database—indeed copied certain aspects of the code—to aid a third-party’s development of a new testing software that Carrier now employs in its Collierville, Tennessee manufacturing facility. ECIMOS sued for copyright infringement and breach of contract and won a $7.5 million jury award. We hold that there are sufficient reasons to conclude that Carrier did infringe on ECIMOS’s copyright, but that Carrier’s liability to ECIMOS based on its copyright infringement and its breach of contract can total no more than $5,566,050. We also hold that the district court did not err when it crafted its post-trial injunctions. For the reasons that follow, we therefore affirm in part and reverse in part the district court’s rulings.
Posted by: Karen Belcher on Aug 21, 2020

This is the second appeal in this case. In the first appeal, we affirmed the trial court’s enrollment of Appellee’s Pennsylvania judgment. In enrolling the foreign judgment, the trial court omitted the 1.5% interest awarded by the Pennsylvania court and entered judgment only for the principal amount of the foreign judgment. In seeking to enforce its judgment, Appellee filed a bank levy against Appellant, wherein Appellee included the 1.5% interest. Because neither party raised an issue in the first appeal concerning whether the trial court’s omission of the interest was error, the question is waived, and Appellee is entitled to only post-judgment interest under Tennessee Code Annotated section 47-14-121(a). Accordingly, we reverse the trial court’s denial of Appellant’s motion to quash Appellee’s bank levy in the amount of $40,482.03. The case is remanded for calculation of post-judgment interest consistent with this opinion.

Posted by: Karen Belcher on Aug 21, 2020

Appellant appeals the trial court’s denial of its Tennessee Rule of Civil Procedure 24 motion to intervene. Because the trial court’s order does not state the basis for its denial of the motion, we cannot review the ultimate decision. Vacated and remanded.

Posted by: Karen Belcher on Aug 21, 2020

Subsequent to the grant of partial summary judgment in the trial court, we granted an application for an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. Having reflected upon the specific issue for which our Rule 9 order granted review, we are of the opinion that the present appeal was improvidently granted as framed. In addition, we observe that the trial court’s partial summary judgment order fails to clearly articulate the legal grounds upon which that order is based. Given our conclusion that the interlocutory appeal was improvidently granted, we dismiss the appeal.

Posted by: Karen Belcher on Aug 20, 2020

A Shelby County jury found the defendant, Ruben Walton, guilty of second-degree murder, and the trial court imposed a sentence of twenty-two years to be served at one hundred percent. On appeal, the defendant challenges the sufficiency of the evidence supporting his conviction, two evidentiary rulings of the trial court regarding threatening statements the defendant made prior to the murder, and his sentence. After our review, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Aug 20, 2020

Defendant, Zachary Thompson, was found guilty of first-degree premeditated murder and was sentenced to life imprisonment. On appeal, Defendant argues that the trial court erred by not instructing the jury on self-defense and that the evidence was insufficient to support his conviction. After review, we affirm the judgment of the trial court.


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