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Posted by: Karen Belcher on Dec 16, 2019

KAREN NELSON MOORE, Circuit Judge. Ediberto Aguilar-Calvo pleaded guilty to illegal reentry by a previously deported felon, and the district court sentenced him to thirty-eight months in prison, to run consecutive to an eight-month sentence for a supervised-release violation. Aguilar-Calvo now appeals this sentence on the ground that it is procedurally unreasonable. For the reasons set forth in this opinion, we AFFIRM the sentence of the district court.

Posted by: Karen Belcher on Dec 16, 2019

The Petitioner, Porscha J. Medaries, appeals the post-conviction court’s denial of her petition for post-conviction relief in which she challenged her conviction for attempted first degree murder. On appeal, the Petitioner alleges that she received ineffective assistance of counsel and that her guilty plea was not knowingly entered. After a review of the record and applicable law, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Dec 16, 2019

A woman was incarcerated after being arrested and charged with several crimes. Prior to trial, the charges against her were dropped and she was released. Within a year of her release, the woman filed a claim against the county for false imprisonment. The county moved for summary judgment, asserting that the complaint was barred by the one-year statute of limitations. The trial court granted the county’s motion and the woman appealed.

Posted by: Karen Belcher on Dec 16, 2019

This appeal arises from Shelby County’s decision to terminate Appellee’s employment for non-compliance with the County’s residency requirement. The Civil Service Merit Board (“CSMB”) reversed the termination of Appellee’s employment and reinstated him with back pay. On appeal, the Shelby County Chancery Court affirmed the CSMB’s ruling. Finding no error, we affirm the decision of the Chancery Court.

Posted by: Karen Belcher on Dec 16, 2019

This appeal involves an arbitration agreement executed in connection with a nursing home admission. At the time of admission, Appellee, daughter of the resident, signed the admission contract and separate voluntary arbitration agreement on behalf of her mother. Appellee later sued the nursing home, on behalf of her mother, for injuries sustained in a fall, and the nursing home sought to enforce the arbitration agreement signed by Appellee.

Posted by: Karen Belcher on Dec 16, 2019

Appellant/employee brought this retaliatory discharge case against Appellee, his former employer. Appellant alleged that he was fired in retaliation for claiming workers’ compensation benefits. The trial court granted summary judgment in favor of the employer, finding that Appellant failed to meet his burden to show a causal connection between the filing of his workers’ compensation claim and the termination of his employment.

Posted by: Karen Belcher on Dec 16, 2019

The employee alleged she injured her low back and/or aggravated a pre-existing arthritic condition in her right hip as a result of a work-related accident. Following a course of authorized treatment with two physicians, the employee asserted she was entitled to additional medical treatment. In response to the employer’s motion for summary judgment, which was supported by the opinions of three physicians, the employee submitted the sworn declaration of a physician’s assistant. The trial court granted the employer’s motion for summary judgment and dismissed the employee’s claim.

Posted by: Karen Belcher on Dec 16, 2019
Posted by: Karen Belcher on Dec 13, 2019

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit rule 35(b) provides as follows:

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.

Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

Posted by: Karen Belcher on Dec 13, 2019

A Knox County jury convicted the Defendant, Buford Trammell, of six counts of rape, three counts of statutory rape by an authority figure, one count of solicitation of a minor, one count of casual exchange of a controlled substance, and one count of sexual battery by an authority figure. After merging the appropriate convictions, the trial court ordered an effective sentence of twenty years in the Tennessee Department of Correction.


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