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Posted by: Stacey Shrader Joslin on Aug 15, 2024

Hamilton County lawyer Arthur C. Grisham has been reinstated to the practice of law. He had been temporarily suspended by the Tennessee Supreme Court on April 29 for failing to respond to the Board of Professional Responsibility about a misconduct complaint. The court noted that after Grisham provided a response, the board recommended reinstatement of his license.

Posted by: Azya Thornton on Aug 15, 2024

KAREN NELSON MOORE, Circuit Judge. Next Century Rebar, LLC (“NCR”) worked on a chemical project within the jurisdiction of the Local Union Number 25 (“Local 25”). Because Local 25 did not have enough iron workers to fulfill the project’s needs, NCR hired iron workers affiliated with out-of-state unions, specifically Local Union Numbers 416 and 846 (“Local 416” and “Local 846,” respectively). For the duration of the project, NCR made benefits contributions to the funds associated with the out-of-state iron workers’ unions. In 2021, funds affiliated with Local 25—Iron Workers Health Fund of Eastern Michigan, Iron Workers Local 25 Vacation Pay Fund, and Iron Workers Apprenticeship Fund of Eastern Michigan (the “Local 25 Funds”)—conducted an audit and determined that NCR had failed to make benefits contributions on behalf of the out-of-state employees to the Local 25 Funds. NCR contested this finding and refused to pay the contributions, explaining that it had made contributions on behalf of these employees to the funds affiliated with the out-of-state unions, as opposed to the Local 25 Funds. For the reasons that follow, we AFFIRM in part and REVERSE in part and REMAND this case for further proceedings.

Posted by: Azya Thornton on Aug 15, 2024

RONALD LEE GILMAN, Circuit Judge. In January 2019, Ashley Franklin was an inmate at the Franklin County Regional Jail (the Jail). When Franklin became ill on January 18 and needed to be transported to a hospital’s emergency room, Jail Sergeant Brandon Price sexually assaulted her in the transportation van. Franklin brought this lawsuit against Price, Franklin County, and two other Jail employees, asserting constitutional claims under 42 U.S.C. § 1983 and several related claims under Kentucky state law. For the reasons set forth below, we AFFIRM the judgment of the district court.

Posted by: Azya Thornton on Aug 15, 2024

RONALD LEE GILMAN, Circuit Judge. After almost four months of gathering evidence to corroborate an anonymous tip, agents with the Drug Enforcement Administration (DEA) applied for and executed four search warrants on residences associated with Robert Cortez Burrell. They recovered over two kilograms of illegal narcotics, several firearms, and drug-manufacturing equipment. Following a jury trial, Burrell was found guilty of being a felon in possession of firearms and ammunition as well as guilty of various related drug crimes. He was sentenced to 180 months of imprisonment. For the reasons set forth below, we AFFIRM the judgment of the district court.

Posted by: Azya Thornton on Aug 15, 2024

This appeal concerns the termination of a father’s parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Knox County (“the Juvenile Court”) seeking to terminate the parental rights of Charles S. (“Father”) to his minor son, Lynell S. (“the Child”). Father pled guilty to aggravated assault on the Child’s mother. After a hearing, the Juvenile Court entered an order terminating Father’s parental rights to the Child on grounds of abandonment by wanton disregard, substantial noncompliance with the permanency plans, and failure to manifest an ability and willingness to assume custody. Father appeals, arguing among other things that he addressed his domestic violence issues by taking certain classes, even though he assaulted Mother after having taken these classes. We find that all three grounds found for termination were proven by clear and convincing evidence. We find further by clear and convincing evidence, as did the Juvenile Court, that termination of Father’s parental rights is in the Child’s best interest. We affirm.

Posted by: Azya Thornton on Aug 15, 2024

In this termination of parental rights case, the trial court determined that (1) the father had abandoned his child by willfully failing to pay child support and (2) termination of the father’s parental rights was in the child’s best interest. The father has appealed, contending that his failure to pay child support was not willful because the mother intentionally blocked his access to the child and because he was actively seeking visitation rights with the child in two separate juvenile court actions when the petition for termination was filed. The father also argues that the trial court did not properly evaluate and weigh the evidence in its analysis of the best interest factors. Discerning no reversible error, we affirm.

Posted by: Azya Thornton on Aug 15, 2024
Because no final order has been entered in the underlying trial court proceedings, this Court lacks jurisdiction to consider this appeal.
Posted by: Azya Thornton on Aug 15, 2024

A Shelby County jury convicted the Defendant, Francisco Oliva, of second degree murder, and the trial court ordered him to serve a twenty-year sentence. On appeal, the Defendant asserts that the evidence was insufficient to support his conviction. After review, we affirm the trial court’s judgment.

Posted by: Azya Thornton on Aug 15, 2024

The Petitioner, Jimmy Moats, appeals from the Coffee County Circuit Court’s denial of post-conviction relief from his guilty-pleaded convictions to kidnapping and evading arrest. On appeal, the Petitioner contends that the post-conviction court erred by denying relief on his ineffective assistance of trial counsel claim, which he asserts resulted in unknowing and involuntary guilty pleas. We affirm the judgment of the post-conviction court.

Posted by: Azya Thornton on Aug 15, 2024

Defendant, Jackie Lee Kirby, was convicted after a bench trial of attempted aggravated kidnapping. On appeal, Defendant argues that the evidence was insufficient to support his conviction and that structural constitutional error occurred when the trial court left the bench three times while defense counsel refreshed the victim’s recollection using audio recordings. Following a thorough review, we affirm the judgment of the trial court.


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