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Posted by: Karen Belcher on Apr 25, 2019

The Defendant, Ryan Kevin Thomas, was indicted for first degree premeditated murder; first degree felony murder; and theft of property valued at more than $500 but less than $1000; a Class E felony. See Tenn. Code Ann. §§ 39-13-202, -14-103, -14-105 (2010). Following a jury trial, the Defendant was convicted of the lesser-included offense of second degree murder, a Class A felony, and of the charged offenses of first degree felony murder and theft. See Tenn. Code Ann. § 39-13-210 (2010).

Posted by: Karen Belcher on Apr 25, 2019

Defendant, Timothy Wayne Johnson, appeals the trial court’s dismissal of his motion filed pursuant to Tennessee Rule of Criminal Procedure 36.1, in which Defendant alleged that his split confinement sentence was illegal because the judgment form designated his confinement in the Tennessee Department of Correction, rather than the local jail or workhouse. Having reviewed the record and the briefs of the parties, we affirm the trial court’s denial of the motion.

Posted by: Karen Belcher on Apr 25, 2019

The Defendant, Christopher Calvera, was indicted for retaliation for past action, a Class E felony; and assault, a Class A misdemeanor. See Tenn. Code Ann. §§ 39-13-101, -16-510. Following a jury trial, the Defendant was convicted of the retaliation for past action charge and acquitted of the assault charge. The trial court later imposed a four-year sentence for the retaliation conviction.

Posted by: Karen Belcher on Apr 25, 2019

Following a trial, a jury convicted Defendant, Bobby Eugene Blaylock, of kidnapping, aggravated kidnapping, attempted rape, robbery, and theft valued at more than $1,000 but less than $2,500, for which the trial court imposed a total effective sentence of forty-four years’ incarceration. On appeal, Defendant asserts that the trial court erred by failing to find that the mitigating factor found in Tennessee Code Annotated section 39-13- 304(b)(2) applied to Defendant’s case.

Posted by: Karen Belcher on Apr 25, 2019

This appeal illustrates the, not uncommon,1 choice of law problems that can arise when an unmarried couple begins cohabitation in one state and then moves to another state and one of the cohabitants dies. After meeting and living together in California, the cohabitants moved to Tennessee, where they lived together for a number of additional years.

Posted by: Karen Belcher on Apr 25, 2019

This is an appeal from an order granting the defendants’ Tenn. R. Civ. P. 12.02 motion to dismiss for failure to state a claim. Because the plaintiff did not file his notice of appeal within thirty days after entry of the order as required by Tenn. R. App. P. 4(a), we dismiss the appeal.

Posted by: Karen Belcher on Apr 25, 2019

This action involves a multistate taxpayer suit concerning an assessment against four Comcast entities doing business in Tennessee for the payment of additional franchise and excise tax liabilities for cable television and internet receipts from Tennessee subscribers. Comcast filed suit against the Tennessee Department of Revenue, alleging that the assessments improperly attributed the cost of performance of various earnings producing activities to Tennessee.

Posted by: Karen Belcher on Apr 25, 2019

After attorney John O. Threadgill was convicted of tax evasion, this Court ordered that the Board of Professional Responsibility (“Board”) initiate proceedings to determine his final discipline. A hearing panel (“Panel”) imposed a final discipline of disbarment. Mr. Threadgill sought review of the Panel’s judgment in the Knox County Chancery Court, and the chancery court affirmed Mr. Threadgill’s disbarment. Pursuant to Tennessee Supreme Court Rule 9, section 1.3, Mr. Threadgill has appealed the chancery court’s judgment to this Court.

Posted by: Karen Belcher on Apr 5, 2019

HELENE N. WHITE, Circuit Judge. Defendant Timberline South, LLC (Timberline) is a timber-harvesting company that operates solely in Michigan, but uses logging and harvesting equipment and trucks that were manufactured outside of Michigan. The Secretary of Labor (the Secretary) brought this action against Timberline and its director, Jim Payne, alleging violations of the overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

Posted by: Karen Belcher on Apr 5, 2019

HELENE N. WHITE, Circuit Judge. Defendant Timberline South, LLC (Timberline) is a timber-harvesting company that operates solely in Michigan, but uses logging and harvesting equipment and trucks that were manufactured outside of Michigan. The Secretary of Labor (the Secretary) brought this action against Timberline and its director, Jim Payne, alleging violations of the overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).


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