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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 01C01-9606-CC-00236
Regular Panel Decision
Mar 18, 1998

State v. Pat Bondurant (Death Penalty)

Pat Bondurant was convicted of first-degree premeditated murder and arson. The jury found aggravating factors, including a prior violent felony conviction and that the murder involved torture or depravity of mind, leading to a death sentence. Bondurant appealed, raising numerous issues concerning jury selection, pre-trial publicity, counsel's effectiveness, sufficiency of evidence, marital privilege, prior criminal acts, and the constitutionality of the death penalty. The appellate court affirmed all convictions and the death sentence, finding no reversible error and concluding that the evidence supported the jury's findings, and the sentence was not arbitrary or disproportionate.

MurderArsonFirst-degree murderCapital punishmentDeath penaltyPremeditationDeliberationCircumstantial evidenceJury selection irregularitiesIneffective assistance of counsel
References
176
Case No. MISSING
Regular Panel Decision
Feb 02, 1984

Krebbeks v. Regan

Petitioner, the widow of a Department of Transportation employee, applied for accidental death benefits after her husband's service-connected death in July 1981. Although her application for accidental death benefits was approved, these benefits were entirely offset by workers' compensation payments, leaving her with no current payments from the State Employees’ Retirement System. Subsequently, petitioner sought a lump-sum ordinary death benefit, which was denied because she was deemed eligible for accidental death benefits, even if offset. This appeal ensued after the denial of her application by a hearing officer and Special Term's concurrence. The court affirmed the denial, citing Retirement and Social Security Law § 60 (a) (3), which states an ordinary death benefit is not payable if an accidental death benefit is payable, with a narrow exception not applicable here.

Accidental Death BenefitsOrdinary Death BenefitsWorkers' Compensation OffsetRetirement and Social Security LawStatutory InterpretationDeath Benefits EligibilityPublic Employee BenefitsAdministrative Law AppealDeath Benefit Offset
References
2
Case No. 03C01-9403-CR-00094
Regular Panel Decision

State v. Bush

Defendant Michael Dean Bush was convicted of premeditated first-degree murder and first-degree burglary of 79-year-old Jodie Lefever, receiving a death sentence. The jury found two aggravating circumstances: torture/serious physical abuse and murder to avoid arrest/prosecution. The Tennessee Supreme Court affirmed the conviction and death sentence, rejecting claims regarding suppressed statements, sufficiency of evidence, rebuttal psychiatric evidence, jury instructions on parole eligibility and aggravating circumstances, and the constitutionality of the death penalty. The Court concluded that any instructional errors were harmless and the sentence was proportionate.

MurderCapital PunishmentFirst Degree MurderBurglaryPremeditationDeliberationAggravating CircumstancesMitigating CircumstancesMental IllnessMiranda Rights
References
98
Case No. 03-S01-9604-CC-00047
Regular Panel Decision
Apr 07, 1997

Michael Dean Bush v. State of Tennessee

In this capital case, Michael Dean Bush was convicted of premeditated first-degree murder and first-degree burglary of Jodie Lefever, a 79-year-old widow. The jury imposed the death penalty, finding two aggravating circumstances: the murder involved torture or serious physical abuse beyond that necessary to produce death, and it was committed to avoid lawful arrest or prosecution for the burglary. Bush challenged his conviction and sentence on multiple grounds, including the suppression of his statements, sufficiency of evidence for premeditation, admission of psychiatric rebuttal testimony, jury instructions on parole eligibility and reasonable doubt, and the application of aggravating circumstances. The Supreme Court of Tennessee affirmed the trial court's judgment, finding no reversible errors and upholding the conviction and death sentence after a proportionality review.

Capital CasePremeditated MurderFirst Degree BurglaryDeath Sentence AffirmedAggravating CircumstancesMitigating CircumstancesMiranda Rights WaiverMental State DefenseProsecutorial MisconductJury Instructions Review
References
137
Case No. MISSING
Regular Panel Decision
Dec 03, 2003

Beesmer v. Village of DeRuyter Fire Department

In 1975, the decedent, a volunteer firefighter, suffered a heart attack and continuously received workers' compensation benefits until his death in 2002. His claimant applied for death benefits, alleging a causal link between the 1975 injury and his death. A Workers’ Compensation Law Judge (WCLJ) awarded benefits after denying the employer's request for a second adjournment to depose treating physicians, a decision affirmed by the Workers' Compensation Board. The court found substantial evidence supporting the causal relationship between the heart attack and death, noting that a work-related injury need not be the sole cause of death. Additionally, the court upheld the WCLJ's denial of the adjournment, as the employer failed to provide a sufficient excuse for not scheduling depositions or serving subpoenas during the initial adjournment period.

Workers' Compensation Death BenefitsCausal RelationshipHeart AttackCongestive Heart FailureAdjournment DenialTreating Physician DepositionSubstantial EvidenceAppellate ReviewMedical OpinionVolunteer Firefighter
References
5
Case No. M2005-00906-CCA-R9-DD
Regular Panel Decision
Jun 08, 2006

State of Tennessee v. Danny Strode

The defendant, Danny Strode, was indicted for murder and aggravated robbery, with the State seeking the death penalty. Strode moved to strike the death penalty, claiming mental retardation under Tennessee Code Annotated section 39-13-203(a). The trial court found him mentally retarded and ineligible for the death penalty, leading the State to pursue an interlocutory appeal. The appellate court reversed, ruling that mental retardation must manifest before age eighteen and found no evidence of an IQ below 70 or sufficient adaptive behavior deficits before that age. The case was remanded for further proceedings.

Mental RetardationDeath PenaltyCapital PunishmentIQ TestAdaptive BehaviorStatutory InterpretationTennessee LawCriminal ProcedureAppealsExpert Witness
References
12
Case No. MISSING
Regular Panel Decision

Twin City Fire Insurance Co. v. Cortez

Twin City Fire Insurance Company appealed a judgment that matured a workers' compensation death benefit award. The company had failed to make timely weekly payments to Anita Cortez, the surviving widow, and her minor children, after an initial 18 March 1975 award from the Industrial Accident Board. The lawsuit, initiated by Anita Cortez, sought to mature the entire claim into a lump sum, along with a twelve percent penalty and attorney's fees, citing the company's failure to make prompt payments without justifiable cause. The trial court found no justifiable cause for the payment cessation, ruled in favor of the beneficiaries, and awarded a lump sum without discount, plus penalties and attorney's fees. The appellate court affirmed the trial court's judgment, rejecting the insurance company's arguments regarding justifiable cause, the lump sum prohibition, discounting, and attorney's fees computation.

Workers' CompensationDeath BenefitsLump Sum PaymentPenaltyAttorney's FeesJustifiable CauseClerical OversightStatutory InterpretationAppellate ReviewInsurance Carrier Liability
References
7
Case No. E2002-01123-CCA-R3-DD
Regular Panel Decision
Aug 22, 2005

State of Tennessee v. Arthur T. Copeland

Arthur T. Copeland was convicted of first degree premeditated murder in Blount County and sentenced to death. On appeal, he raised numerous issues including sufficiency of the evidence, exclusion of jurors, validity of indictment, admission of testimony, and various constitutional challenges to the death penalty. The Court of Criminal Appeals of Tennessee reversed the conviction and sentence, finding reversible error in the trial court's handling of the defendant's right not to testify. Additionally, the court concluded that the death penalty in this case was disproportionate to the penalty imposed in similar cases, considering the nature of the crime and the defendant's role. The case was remanded for further proceedings.

First degree murderPremeditated murderDeath penaltyAggravating circumstancesMitigating circumstancesCriminal responsibilityEyewitness identificationProsecutorial misconductDiscovery violationsRight to testify
References
130
Case No. 10-14-00157-CV
Regular Panel Decision
Jun 04, 2015

Thomas H. Sinclair v. Estate of Fernando Ramirez and Eva Ramirez, Individually, and Personal Representative of the Estate of Fernando Ramirez, and on Behalf of All Wrongful Death Beneficiaries

This case involves an appeal from a jury verdict in a wrongful death and survivorship action. Appellant Thomas H. Sinclair challenges the verdict in favor of the Estate of Fernando Ramirez and Eva Ramirez. Fernando Ramirez died after an altercation at Sinclair's cabaret, following heavy drinking. The jury found Sinclair partly responsible, but the appellate court reversed the judgment, concluding that the appellees failed to present legally sufficient causation evidence directly connecting Sinclair’s purported negligence with the decedent’s death due to the lack of expert medical testimony ruling out other plausible causes.

NegligenceProximate CauseWrongful DeathSurvivorship ActionExpert TestimonyMedical CausationBlunt Force Head InjuriesAlcohol IntoxicationAppellate ReviewLegal Sufficiency
References
37
Case No. MISSING
Regular Panel Decision

Claim of Volcjak v. Cherry Lane Motors, Inc.

These two appeals consolidate cases involving Marie D. Volcjak and Camille Costa, widows seeking death benefits. The Workers’ Compensation Board had previously affirmed decisions that denied offsetting these death benefits with Social Security survivors’ benefits, based on claimants' eligibility at the time of their spouses' deaths. The employers appealed, arguing that Workers’ Compensation Law § 16 (1-c) requires the offset to be determined by eligibility for Social Security benefits at the time of the death benefit award, not the date of death. Citing Matter of Goodman v Pollio Dairy Prods., the appellate court reversed the Board's decisions, holding that the offset is applicable when a claimant is receiving Social Security benefits at the time of the death benefit award. The matters were remitted to the Board for further proceedings consistent with this court’s decision.

Workers' CompensationDeath BenefitsSocial Security OffsetSurvivors BenefitsStatutory InterpretationAppellate ReviewDate of EligibilityWorkers' Compensation BoardRemittalNew York
References
1
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