Articles

All Content


4,049 Posts found
Previous • Page 367 of 405 • Next
Posted by: Karen Belcher on Oct 15, 2019

The Defendant, Julie Paul, appeals the trial court’s order imposing confinement after finding a violation of her probation sentence. In July 2018, the Defendant pleaded guilty to felony possession of methamphetamine in exchange for an effective six-year sentence and a $2,000 fine. The Defendant received a partially suspended sentence with 180 days of split confinement to be followed by an alcohol and drug evaluation upon her release.

Posted by: Karen Belcher on Oct 15, 2019

A jury convicted the Defendant, Johnny Morgan Dye, of vehicular homicide through intoxication and vehicular homicide through reckless conduct, and the Defendant received an effective sentence of twelve years in confinement after the offenses were merged. The Defendant appeals, challenging the sufficiency of the evidence with respect to the vehicular homicide through intoxication conviction, arguing that the trial court erred in allowing certain expert testimony, and asserting that the trial court committed reversible error in the admission of evidence.

Posted by: Karen Belcher on Oct 15, 2019

The Defendant, Dexter Dewayne Alcorn, appeals from the Montgomery County Circuit Court’s denial of his motion pursuant to Tennessee Rule of Criminal Procedure 36.1. On appeal, he contends that the trial court erred in denying relief on the basis that his dual convictions for aggravated kidnapping and aggravated robbery violate his right to due process and double jeopardy protection. We affirm the judgment of the trial court.

Posted by: Karen Belcher on Oct 15, 2019

This appeal is from a final decree of divorce. The wife challenges the trial court’s ruling regarding the ground for divorce and division of the marital estate. Because the trial court failed to make sufficient findings of fact and failed to comply with Tennessee Rule of Appellate Procedure 24, we are unable to conduct a meaningful appellate review. Accordingly, we vacate the decision of the trial court and remand the case for further proceedings.

Posted by: Karen Belcher on Oct 15, 2019

This interlocutory appeal concerns the employee’s right to have his own physician present for an examination performed by a physician selected by the employer. The employer filed a motion to compel the employee to submit to an examination by the employer’s physician pursuant to Tennessee Code Annotated section 50-6-204(d)(1) (2018). The employee agreed to the requested examination, but asserted that his statutory right to have his own physician present permitted his physician’s observing the examination via videoconference.

Posted by: Karen Belcher on Oct 14, 2019

An employer appeals a trial court’s award of workers’ compensation benefits, arguing that the employee failed to rebut the presumption of correctness afforded to the authorized treating physician about causation and that the trial court should have capped any permanent partial disability benefits under Tennessee Code Annotated section 50-6-241(d)(1)(A). This appeal was referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law under Tennessee Supreme Court Rule 51.

Posted by: Karen Belcher on Oct 14, 2019

This is a negligence action brought by an absentee homeowner against two public utilities to recover compensatory damages. The plaintiff’s unoccupied residence was damaged when frozen water pipes ruptured during the winter and after gas service to the property was terminated. The defendants, Piedmont Natural Gas, Inc. and Duke Energy One, Inc.

Posted by: Karen Belcher on Oct 14, 2019
Posted by: Karen Belcher on Oct 7, 2019

HELENE N. WHITE, Circuit Judge. In 2016, Plaintiff Evoqua Water Technologies, LLC (“Evoqua”) filed this action against Defendants M.W. Watermark, LLC (“Watermark”) and Michael Gethin, asserting copyright, trademark, and false-advertising claims and seeking to enforce a 2003 consent judgment obtained by Evoqua’s alleged predecessor against Watermark and Gethin. The district court dismissed Evoqua’s claim that Watermark and Gethin were in contempt for violating the consent judgment, holding that the consent judgment was not assignable and therefore Evoqua lacked standing to enforce it.

Posted by: Karen Belcher on Oct 7, 2019

Defendant, Howard Melton, was convicted of assault by offensive touching and sexual battery by an authority figure. As a result of the convictions, the trial court sentenced Defendant to serve four years in incarceration, consecutively to the sentence Defendant received in a separate case. After the denial of a motion for new trial, Defendant appealed, arguing that the trial court improperly admitted a videotape into evidence. Because the trial court did not abuse its discretion in admitting the evidence, we affirm the judgments of the trial court.


Previous • Page 367 of 405 • Next