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Posted by: Karen Belcher on Jan 2, 2020

McKEAGUE, Circuit Judge. Antonio Vinton was indicted for attempting to use a facility of interstate commerce to knowingly persuade, induce, entice, or coerce a minor to engage in unlawful sexual activity, in violation of 18 U.S.C. § 2422(b). The district court dismissed the indictment under Federal Rule of Criminal Procedure 12, concluding that Vinton’s conduct did not fit the elements of the crime as a matter of law, because a reasonable juror could not find beyond a reasonable doubt that he had the requisite intent to persuade or entice a minor.

Posted by: Karen Belcher on Jan 2, 2020

LARSEN, Circuit Judge. Christopher Lee-Murray Bey filed a lawsuit under 42 U.S.C. § 1983, alleging that: (1) several police officers stopped him without reasonable suspicion of criminal activity, in violation of the Fourth Amendment; and (2) they investigated and ultimately stopped him because of his race, in violation of the Fourteenth Amendment. The officers moved for summary judgment based on qualified immunity; the court below denied the motion. We DISMISS in part, AFFIRM in part, REVERSE in part, and REMAND.

Posted by: Karen Belcher on Dec 23, 2019

BERNICE BOUIE DONALD, Circuit Judge. Rita Morrissey is a licensed practical nurse who worked for The Laurels of Coldwater (“Coldwater”), a skilled nursing and rehabilitation center, from 2001 until she quit in 2016. Morrissey alleges that she was under a twelve-hour work restriction due to a disability from 2012 onward, and Coldwater forced her to work beyond that restriction, compelling her to quit.

Posted by: Karen Belcher on Dec 23, 2019

SUTTON, Circuit Judge. Several criminal defendants believe that the way Tennessee sets the amount of bail for misdemeanor crimes violates federal due process. Under Tennessee law, a county sheriff enforces probation-violation warrants and the bail amounts are established by state law and set by a local judge. The district court granted the probationers a preliminary injunction against the county’s and sheriff’s enforcement of the bail requirements. The county and sheriff do not challenge the preliminary constitutional ruling.

Posted by: Karen Belcher on Dec 23, 2019

JOHN K. BUSH, Circuit Judge.

Posted by: Karen Belcher on Dec 23, 2019

The Petitioner, Voltaire Younger, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his guilty pleas to the possession of heroin with the intent to deliver and possession of a firearm during the commission of a dangerous felony. The Petitioner received an effective sentence of fifteen years. On appeal, the Petitioner alleges that he received ineffective assistance of counsel and that his guilty pleas were not voluntarily entered.

Posted by: Karen Belcher on Dec 23, 2019

The Appellant, Andrew K. Johnston, filed a pro se motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, and the Bedford County Circuit Court summarily denied the motion. On appeal, the Appellant contends that the twenty- seven-year sentence he received pursuant to his guilty plea to second degree murder is illegal because it is outside the maximum range of punishment for a Range I offender convicted of a Class A felony. Based upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Dec 23, 2019

A Shelby County jury convicted the Defendant, Donald Dodd, of second degree murder as charged, and the trial court imposed a sentence of twenty-five years at one hundred percent release eligibility. See Tenn. Code Ann. §§ 39-13-210, 40-35-501(i). On appeal, the Defendant argues that the evidence is insufficient to sustain his conviction. We affirm the judgment of the trial court.

Posted by: Karen Belcher on Dec 23, 2019

The Defendant, James R. Baysinger, pleaded guilty to reckless homicide, a Class D felony. See T.C.A. § 39-13-215 (2018). Pursuant to the plea agreement, the trial court was to determine the length and the manner of service. The trial court sentenced the Defendant to two years and ordered him to serve five months, followed by four years’ probation. On appeal, the Defendant contends that the court erred by denying his requests for judicial diversion and full probation. We reverse the judgment of the trial court and remand the case to the trial court for a new sentencing hearing.

Posted by: Karen Belcher on Dec 23, 2019

The employee was involved in a motor vehicle accident while riding as a passenger in a work vehicle. He asserted he sustained injuries to both arms and his right shoulder as a result of that accident. After several medical evaluations, the authorized physician concluded that the employee’s medical conditions pre-existed the work accident and were not at least fifty-one percent causally related to that accident. Following an expedited hearing, the trial court denied the employee’s interlocutory request for additional medical and temporary disability benefits, and the employee appealed.


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