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Posted by: Barry Kolar on Nov 22, 2023

Defendant, Rony Noe Ambrocio Cruz, was convicted by a Cumberland County jury of second degree murder. The trial court sentenced Defendant to twenty-five years to serve at 100%. On appeal, Defendant argues that the evidence was insufficient to support his second degree murder conviction. He also contends that the trial court erred in sentencing when it applied an enhancement factor related to his immigration status. After a thorough review of the record and the parties’ briefs, we affirm the judgment of the trial court.

Posted by: Barry Kolar on Nov 22, 2023

A special three-judge panel of state court judges has found Tennessee state Senate district boundaries are unconstitutional, the Tennessean reports, giving the General Assembly until Jan. 31 to redraw the lines. Three voters, backed by the state Democratic party, sued Tennessee in 2022 over allegations that legislative Republicans unconstitutionally drew House and Senate maps to further entrench the GOP supermajority in the legislature.  The judicial panel sided with the state on the House map, with two of the three judges ruling it met constitutional requirements. Read the decision.

Posted by: Barry Kolar on Nov 22, 2023

LARSEN, Circuit Judge. Plaintiffs are current and former engineers employed by automaker FCA US LLC (now Stellantis). In 2011, FCA transferred the work that plaintiffs had previously performed at FCA’s company headquarters to a new location. Plaintiffs were unhappy with the transfer, and in 2015 they filed a grievance with their union, the United Auto Workers (UAW). The UAW failed to pursue it. In 2017, plaintiffs filed essentially the same grievance, but the UAW again did not pursue it. By this time, plaintiffs had learned of a massive bribery scheme involving FCA and the UAW. Plaintiffs believed that those bribes had affected the 2011 job-relocation process, as well as the UAW’s treatment of their grievances. In 2018, plaintiffs filed the same grievance again. Nearly two years later, the UAW found the grievance meritorious. Plaintiffs then sued FCA, the UAW, and various individual defendants in October 2020, raising claims under the Labor Management Relations Act (LMRA) and the Racketeer Influenced and Corrupt Organizations Act (RICO). Defendants moved to dismiss, arguing that the statute of limitations barred both claims. The district court agreed and dismissed the complaint. For the reasons stated, we AFFIRM.

Posted by: Barry Kolar on Nov 22, 2023

THAPAR, Circuit Judge. After using a false ID to buy twenty-five firearms, JonathanMichael Brown pled guilty to several fraud offenses. The district court enhanced Brown’s sentence because he had a stolen gun when police arrested him. Brown argues that the stolen gun wasn’t relevant to his sentencing. But because Brown possessed twenty-five other stolen firearms—those he fraudulently purchased—we affirm.

Posted by: Barry Kolar on Nov 22, 2023

The notice of appeal filed by the appellant, William Max Riden, stated that appellants were appealing the judgment entered on May 24, 2023. As the order appealed from does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Posted by: Barry Kolar on Nov 22, 2023

This is a declaratory judgment action in which the plaintiffs seek to establish that they have an ingress and egress easement over the portion of a once public road that crosses over their neighbor’s property. The plaintiffs contend that they have a prescriptive easement or, in the alternative, a private access easement for ingress and egress because their properties abut the once public road that runs through the defendant’s property. The chancery court found that the plaintiffs have a prescriptive easement for ingress and egress across the defendant’s property. The defendant appeals. We affirm the trial court’s finding that the plaintiffs have an easement across the defendant’s property, albeit on different grounds. We have determined that the plaintiffs failed to prove a prescriptive easement; nevertheless, they have proven a private access easement over the defendant’s property because their properties abut a once public road that passes through the defendant’s property. Accordingly, we affirm as modified the decision of the trial court awarding the plaintiffs an ingress and egress easement over the defendant’s property.

Posted by: Barry Kolar on Nov 22, 2023

A Knox County jury convicted the Defendant, Albert Franklin Thompkins, Jr., of two counts of aggravated sexual battery and two counts of rape of a child. The trial court sentenced the Defendant to an effective sentence of thirty-three years. On appeal, the Defendant argues that the evidence is legally insufficient to support his convictions. He also asserts that the trial court (1) violated “the spirit” of Batson v. Kentucky, 476 U.S. 79 (1986), when an African American juror was randomly selected and excused as an alternate juror at the end of trial; and (2) erred in failing to grant a mistrial and a motion for a new trial when defense witnesses failed to appear despite being subpoenaed to testify. Upon our review, we respectfully affirm the judgments of the trial court.

Posted by: Barry Kolar on Nov 22, 2023

John Earheart, Jr. ("Employee*) filed a workers' compensation claim against Central Transport ("Employer") for temporary disability benefits. After initially denying the claim, Employer ultimately agreed to pay the requested benefits on the day before the scheduled expedited hearing. Following a compensation hearing, the Court of Workers' Compensation Claims ("trial court") ordered Employer to pay Employee's attorney's fees and costs under Tennessee Code Annotated section 50-6-226(d)(1)(B). The Workers' Compensation Appeals Board ("Appeals Board") affirmed. Employer appealed. The appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the Appeals Board and adopt its opinion as set forth in the attached Appendix.

Posted by: Barry Kolar on Nov 22, 2023

This case is before the Court upon the motion for review filed by Central Transport and Cherokee Insurance Company pursuant to Tennessee Code Annotated section 50-6-225(e)(5)(A)(ii), the entire record, including the order of referral to the Special Workers’ Compensation Appeals Panel, and the Panel’s Opinion setting forth its findings of fact and conclusions of law.

It appears to the Court that the motion for review is not well taken and is, therefore, denied. The Panel’s findings of fact and conclusions of law, which are incorporated by reference, are adopted and affirmed. The decision of the Panel is made the judgment of the Court.

Costs are assessed to Central Transport and Cherokee Insurance Company, for which execution may issue if necessary.

It is so ORDERED.

Posted by: Barry Kolar on Nov 22, 2023

Newly appointed Circuit Court Judge Erin Nations talks about her family’s commitment to public service in an interview with the Williamson County Herald. Gov. Bill Lee recently appointed her to the 21st District Division III Circuit Court to fill the seat left vacant by the retirement of Judge Michael Binkley, who retired in September. Nations will face election for the remainder of Binkley’s term in next August’s county general election. See more photos.


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