Articles

All Content


74,106 Posts found
Previous • Page 427 of 7,411 • Next
Posted by: Azya Thornton on Aug 5, 2025

LARSEN, Circuit Judge. Yogesh Pancholi defrauded Medicare of millions of dollars, pocketed the money, and transferred it offshore to India, where it remains unrecovered. He was tried and convicted of health care fraud, witness tampering, money laundering, and aggravated identity theft. He appeals, arguing that his Fifth and Sixth Amendment rights were violated at trial. Because they were not, we AFFIRM.

Posted by: Azya Thornton on Aug 5, 2025

RONALD LEE GILMAN, Circuit Judge. In June 2018, Kenneth Lowe was fired from his job at Walbro LLC. Lowe was 60 years old at the time and had worked at Walbro for more than four decades. He responded by filing this diversity-of-citizenship lawsuit against Walbro, alleging that the company had violated Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), Mich. Comp. Laws § 37.2101 et seq., by discharging him because of his age. A jury found in favor of Lowe after a full trial on the merits. The district court subsequently granted Walbro’s motion for judgment as a matter of law and vacated the jury’s verdict, holding that the evidence that Lowe presented at trial, which was materially different from the evidence that he had previously presented in overcoming Walbro’s motion for summary judgment, was insufficient for the case to have been submitted to the jury. For the reasons set forth below, we AFFIRM the judgment of the district court.

Posted by: Azya Thornton on Aug 5, 2025

NALBANDIAN, Circuit Judge. Brian Herschfus, a Michigan landlord, challenges certain housing-code inspection rules, arguing that the city of Oak Park has violated his Fourth Amendment and Equal Protection rights. The district court granted summary judgment in favor of the city on standing and merits grounds. We find that Herschfus does have standing to bring his Fourth Amendment claim, but that it doesn’t succeed on the merits. His Equal Protection claim also fails. So we affirm.

Posted by: Azya Thornton on Aug 5, 2025

NALBANDIAN, Circuit Judge. HBKY, LLC and Elk River Export, LLC, each claim thousands of acres of timber in Kentucky. They interpret a series of timber sales contracts, security agreements, and mortgages differently. Finding that HBKY had the better reading of the relevant documents, the district court granted summary judgment. We agree, and so we affirm.

Posted by: Azya Thornton on Aug 5, 2025

Question: Is a recurring part-time general sessions and juvenile court judge in a class five county allowed to accept an appointed position to serve as a juvenile magistrate in a different and distinct class one county and hold both positions simultaneously?

Opinion: Likely not. Article VI, Section 7 of the Tennessee Constitution prohibits the judge of an inferior court from holding any other office of trust or profit. And based on existing precedent, we believe a court would likely conclude that the position of juvenile magistrate constitutes an office of trust or profit within the meaning of this provision.

Posted by: Azya Thornton on Aug 5, 2025

Question: Tennessee Code Annotated § 40-11-404 mandates that the Tennessee Association of Professional Bail Agents provide all continuing education courses that are statutorily required for bail bond professionals. Does the statute create a monopoly in violation of article I, section 22 of the Tennessee Constitution?

Opinion: Likely not.

Posted by: Azya Thornton on Aug 5, 2025

The Defendant, Kyler Michael Price, was convicted by a Warren County jury of reckless endangerment with a deadly weapon, a Class E felony, and driving without a valid license, a Class C misdemeanor. He was sentenced by the trial court to concurrent terms of thirty days for the misdemeanor conviction and two years as a Range II offender for the felony conviction, with six months to serve in the county jail. The Defendant raises three issues on appeal: (1) whether the evidence was legally sufficient to sustain his reckless endangerment conviction; (2) whether the trial court erred by allowing irrelevant and prejudicial testimony by a police officer about the officer’s encounter with a different motorcyclist; and (3) whether the trial court erred by ordering confinement without correctly considering alternative sentencing. Based on our review, we affirm the judgments of the trial court.

Posted by: Stacey Shrader Joslin on Aug 5, 2025

Brick Church Middle School in Nashville has been renamed to honor the late Judge Richard H. Dinkins, a civil rights pioneer who helped reshape public education in Nashville. Dinkins played a critical role in desegregating the city’s public schools and advocated for educational equity throughout his life. The Nashville Board of Education voted unanimously in March to rename the school. Metro Nashville Public Schools held a dedication ceremony Saturday that included remarks from city leaders, a student presentation and the unveiling of displays honoring Dinkins’ life and impact. The Tennessean has photos.

Posted by: Azya Thornton on Aug 5, 2025

Petitioner, Kejuan King, appeals the post-conviction court’s denial of his petition for post- conviction relief in which he challenged his second degree murder conviction for which he received a sentence of twenty-five years’ incarceration. Petitioner asserts that trial counsel was ineffective for failing to effectively cross-examine witnesses, investigate prior altercations and present evidence thereof, and argue for proper jury instructions. After review, we remand this case to the post-conviction court for entry of a written order that sufficiently addresses all grounds presented by Petitioner and states the court’s findings of fact and conclusions of law regarding each ground as required by Tennessee Code Annotated section 40-30-111(b).

Posted by: Azya Thornton on Aug 5, 2025

The Defendant, Isaiah French, was convicted by a Shelby County jury of one count of premeditated first degree murder, two counts of attempted premeditated first degree murder resulting in serious bodily injury, two counts of employment of a firearm during a dangerous felony, and three counts of possession of a firearm by a convicted felon, and the trial court imposed an effective sentence of life in prison without parole as a repeat violent offender plus 120 years. On appeal, the Defendant argues that the evidence was insufficient to support his convictions of premeditated first degree murder and attempted first degree murder and that the trial court erred by denying his motion to bifurcate the charges of possession of a firearm by a convicted felon from the remaining counts of the indictment. Discerning no error, we affirm.


Previous • Page 427 of 7,411 • Next