Articles

All Content


73,777 Posts found
Previous • Page 985 of 7,378 • Next
Posted by: Karen Belcher on Apr 29, 2024

BLOOMEKATZ, Circuit Judge. On the morning of November 21, 2018, the day before Thanksgiving, Bill Heeter told his wife Karen he was about to commit suicide. Mr. Heeter’s brother called the police to stop him. At about 10:05 a.m., officers began to arrive at the family’s Columbus, Ohio home. They spotted Mr. Heeter through his kitchen window—he was sitting at a table smoking a cigarette, with one hand on his pistol. He told the officers he’d put his gun away if they left. At approximately 10:15 a.m., a group of officers entered the house with their weapons drawn. At 10:17 a.m., Officer Kenneth Bowers fired five rounds from his M16 service rifle into Mr. Heeter’s chest. At 10:57 a.m., Mr. Heeter was pronounced dead at the hospital. Police bodycam footage captured almost everything that happened. It shows that a police sergeant called the paramedics. It also shows that Officer Bowers did not administer first aid or otherwise try to help Mr. Heeter while waiting for the paramedics to arrive, even though Mr. Heeter was audibly and visibly alive, hemorrhaging blood, and struggling to breathe.

We conclude, contrary to the Heeters’ motion to dismiss this appeal, that we have jurisdiction to review both claims. On the merits, we affirm the district court’s denial of state-law immunity and qualified immunity as to Officer Bowers in his individual capacity, so the Heeters’ constitutional and state-law claims against him may proceed to trial. But, just as the district court held that the City was entitled to summary judgment on the federal claims, the City was also entitled to summary judgment on the state-law claims because of an Ohio municipal immunity statute. We reverse solely on the issue of municipal immunity for the City, and otherwise affirm.

Posted by: Karen Belcher on Apr 29, 2024

MATHIS, Circuit Judge. Karen Frohn cared for her husband, Greg Frohn, during their entire marriage. In January 2018, Karen applied for and received a life insurance policy on her husband’s life from Globe Life and Accident Insurance Company. Greg died about nine months after that, and Karen submitted a claim for death benefits that Globe later denied. Karen then sued Globe individually and on behalf of a putative class of beneficiaries challenging the denial of her claim.

As Karen’s case progressed, the parties made several motions relevant here. First, Karen moved for a protective order to prevent Globe from seeking Greg’s medical records and medical history during discovery. The district court denied that motion in part. After that, Globe moved for summary judgment, arguing that it was entitled to rescind the life insurance policy because Karen was not truthful in her application for insurance. The district court granted Globe’s motion, barring Karen from recovery on her claims against Globe. Karen also asked the court to redact certain portions of that order, but the district court published it without any redactions. Karen challenges these three decisions on appeal. For the reasons below, we affirm.

Posted by: Karen Belcher on Apr 29, 2024

The Petitioner, Kevin Lawrence, appeals the Lake County Circuit Court’s dismissal of his petition for writ of habeas corpus. The Petitioner argues his judgment is void and illegal because his sentence does not reflect any parole eligibility. Based on our review, we affirm the habeas corpus court’s dismissal of the petition.

Posted by: Karen Belcher on Apr 29, 2024

For the week of April 22, 2024 - April 26, 2024

Posted by: Stacey Shrader Joslin on Apr 29, 2024

The TBA’s International Law Section will host its annual forum on May 17 in Nashville. Topics include a session on how to use the U.S. Federal Trade Office Market Diversification Tool, an introduction to practicing international law, and a discussion with Brie Knox, director of U.S. Commercial Service Tennessee (a division of the International Trade Administration within the U.S. Department of Commerce). Other speakers include Chattanooga lawyer Terry Olsen with the Olsen Law Firm, Nashville lawyer Michael Goode with Lewis Thomason and Hendersonville lawyer George Phillips with Phillips | Ralston. Learn more or register here.

Posted by: Julia Wilburn on Apr 26, 2024

The 23rd Judicial District, which consists of Cheatham, Dickson, Houston, Humphreys and Stewart counties, will soon have a new circuit court judge. HB1830/SB2855, sponsored by Rep. Mary Littleton, R-Dickson, creates Division IV in the 23rd Judicial District and adds a judicial seat to serve that court. The judges serve in all capacities — circuit, criminal, civil and chancery — including all domestic relations, according to the Cheatham County Exchange. Gov. Bill Lee will appoint a judge to serve beginning Sept. 1. The seat will then be subject to an election in August 2026.

Posted by: Julia Wilburn on Apr 26, 2024

Shelby County Commissioner Mick Wright is calling on General Sessions Court Judge Bill Anderson to resign based on his leadership of the court’s judicial commissioners. The Daily Memphian reports that Wright's call for resignation is specifically in response to Anderson’s report to county commissioners in March about the decisions judicial commissioners make regarding who should be released on bond or on their own recognizance, and who should remain jailed while awaiting trial.

Posted by: Tanja Trezise on Apr 26, 2024

In this interlocutory appeal, the employee asserts the trial court erred in denying his request for temporary disability and medical benefits. The employee alleged he injured his left knee when he tripped on a floor mat at work. The employer denied the claim, asserting that: (1) the alleged incident was unwitnessed; (2) the employee did not report the alleged accident until after he had been terminated for cause; and (3) the employee had a preexisting history of left knee problems. Following an expedited hearing, the trial court determined the employee had not come forward with sufficient evidence indicating a likelihood of proving the occurrence of a compensable accident at trial, and it denied the claim for both temporary disability and medical benefits. The employee has appealed. Upon careful consideration of the record and arguments of the parties, we affirm in part and reverse in part the trial court’s order and remand the case.

Posted by: Tanja Trezise on Apr 26, 2024

McKEAGUE, Circuit Judge. Tyren Cervenak challenges his 188-month sentence. Specifically, he challenges the district court’s application of a career-offender enhancement that increased the advisory sentencing guidelines range for his convictions. Cervenak argues that the district court erred by determining one of his prior state convictions—an Ohio robbery—qualified as a crime of violence under the sentencing guidelines.

Binding precedent forecloses Cervenak’s challenge to the career-offender enhancement. Under this precedent, his Ohio robbery conviction is a crime of violence. We AFFIRM.

Posted by: Tanja Trezise on Apr 26, 2024

The Appellant, Izaiha Gleaves, was convicted of second degree murder, attempted second degree murder, two counts of employment of a firearm during the commission of a dangerous felony, aggravated assault, and tampering with evidence. The trial court imposed an effective sentence of forty-nine years’ confinement. On appeal, the Appellant argues: (1) the evidence is insufficient to support his convictions; (2) the trial court erred when it failed to excuse a juror who had a conflict of interest; (3) the trial court erred when it admitted a redacted recording of a witness interview; (4) the trial court’s cumulative errors warrant reversal; and (5) the trial court erred when it imposed an effective sentence of forty-nine years. After review, we affirm the trial court’s judgments.


Previous • Page 985 of 7,378 • Next