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

Case No. W2016-01359-CCA-R3-PC
Regular Panel Decision
Jul 12, 2017

Demetrius Hollins v. State of Tennessee

Demetrius Hollins appealed the denial of his petition for post-conviction relief, asserting ineffective assistance of counsel. Hollins' original conviction in Shelby County for attempted second-degree murder and especially aggravated robbery led to a sixty-year sentence. He argued his trial counsel failed to subpoena alibi witnesses and adequately investigate his case. The post-conviction court, and subsequently the appellate court, found that counsel's performance was not deficient. The alleged alibi witnesses were unwilling to testify, deceased, or did not offer a credible alibi, and counsel pursued a reasonable trial strategy. The Court of Criminal Appeals affirmed the post-conviction court's judgment, concluding that the evidence did not preponderate against the lower court's findings.

Post-conviction reliefIneffective assistance of counselAlibi witnessesAttempted second degree murderEspecially aggravated robberyCriminal appealTrial strategyWitness credibilityIdentification testimonySentencing
References
18
Case No. W2012-02001-CCA-R3-CD
Regular Panel Decision
Nov 25, 2013

State of Tennessee v. Demetrius Hollins

Demetrius Hollins appealed his Shelby County Criminal Court jury convictions for attempted second-degree murder and especially aggravated robbery. Hollins challenged the sufficiency of the convicting evidence, the exclusion of certain evidence, and the imposition of consecutive sentencing. The court summarized the testimony of various witnesses, including the victim, Willie Edwards, who identified Hollins as the shooter. The appellate court found the evidence sufficient to support the convictions, noting that eyewitnesses positively identified the defendant. The court also found no error in the trial court's decision to exclude certain defense witness testimony as irrelevant or in the imposition of consecutive sentences due to Hollins's extensive criminal history and status as a dangerous offender. Consequently, the judgments of the trial court were affirmed.

Attempted Second Degree MurderEspecially Aggravated RobberySufficiency of EvidenceEvidentiary ExclusionConsecutive SentencingDouble JeopardyEyewitness IdentificationCriminal AppealShelby CountyTennessee Court of Criminal Appeals
References
25
Case No. 02-21-00036-CV
Regular Panel Decision
Jul 21, 2022

Demetrius Grant v. Wind Turbine and Energy Cables Corp. and Arrow Personnel, LLC

Demetrius Grant, an employee hired by Arrow Personnel, LLC and assigned to Wind Turbine & Energy Cables Corp.’s (WTEC’s) warehouse, sued both companies after sustaining injuries in a forklift accident. The trial court granted summary judgment for WTEC based on the workers’ compensation exclusive remedy defense, concluding Grant was a 'borrowed servant' employee of WTEC. The court also granted summary judgment for Arrow, finding no evidence that Arrow was Grant's common law employer for the liability-producing aspects of his work. The appellate court affirmed the trial court's decisions, upholding the striking of conclusory evidence and the summary judgments for both WTEC and Arrow, and the severance of the claims.

Workers' CompensationBorrowed Servant DoctrineSummary JudgmentNegligenceExclusive RemedyAppellate ReviewEmployment LawTexas LawForklift AccidentWorkplace Injury
References
66
Case No. ADJ7726177
Regular
Feb 08, 2019

DEMETRIUS CERRILLO vs. THE HOME DEPOT

The applicant sought reconsideration of a compromise and release agreement settling his workers' compensation claim for $15,000. He alleged he was pressured by an Information and Assistance officer and the WCJ to settle, and that the settlement terms were not adequately explained. The Appeals Board dismissed the petition as premature because the applicant failed to verify the petition and did not provide sworn testimony to support his allegations of duress or manipulation. The matter was remanded to the trial level for a hearing on the applicant's contentions to establish an evidentiary record.

Workers' Compensation Appeals BoardDemetrius CerrilloThe Home DepotLiberty Mutual Insurance CompanyHelmsman Management ServicesADJ7726177Petition for ReconsiderationCompromise & ReleaseInformation and Assistance (I&A) officerWCJ
References
11
Case No. MISSING
Regular Panel Decision

In re Desiree X.

Karen X. left her child, Desiree X., with her live-in boyfriend, Demetrius AA., who was later found to have caused the child's vaginal injuries. Petitioner filed a child abuse petition, which Family Court dismissed on abuse grounds but sustained on neglect grounds, adjudicating Desiree X. a neglected child and placing her in petitioner's custody. Karen X. appealed the neglect finding against her. The appellate court found insufficient evidence to establish neglect by Karen X., reasoning she had no prior reason to distrust Demetrius AA. The court reversed the neglect finding against Karen X. and remitted the matter for further proceedings, but affirmed the order as modified, noting the unchallenged neglect finding against Demetrius AA. still stands.

Child NeglectChild AbuseFamily LawParental SupervisionVaginal InjuryMedical ExaminationPreponderance of EvidenceRemittalAppellate Review
References
2
Case No. ADJ3045931
Regular
May 28, 2014

DEMETRIUS PAGALUNG vs. COLLEGE HOSPITAL, TRISTAR

The Workers' Compensation Appeals Board has dismissed the petitioner's request for reconsideration of a decision issued on April 1, 2014. This dismissal is a direct result of the petitioner's formal withdrawal of their petition. Consequently, the Board is no longer reviewing the original decision in this case. The order formally notes the case number ADJ3045931 and the date of dismissal as May 28, 2014.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardADJ3045931VNO 0550639College HospitalTristarDemetrius PagalungOrder Dismissing
References
0
Case No. ADJ666571 (LAO 0788334)
Regular
Jan 24, 2011

DEMETRIUS FREEMAN vs. CALTRANS; SCIF STATE EMPLOYEES COMMERCE

The Appeals Board granted reconsideration of the WCJ's decision which denied a lien claim due to the lien claimant's non-appearance at trial. The Board found the WCJ failed to follow proper procedure by not issuing a notice of intention to dismiss or hearing evidence after the claimant's absence. Consequently, the WCJ's decision was rescinded, and the case is remanded for further proceedings to ensure due process for the lien claimant. The Board also noted the potential for sanctions against the lien claimant for failing to appear.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationFindings and OrderLien TrialPetition for ReconsiderationVerificationLabor CodeDue ProcessNotice and Opportunity to be Heard
References
4
Case No. AP-76,345
Regular Panel Decision
Nov 23, 2011

Gobert, Milton Dwayne

Milton Dwayne Gobert was convicted of the 2003 capital murder of Mel Cotton, whom he stabbed 107 times during a kidnapping or robbery attempt, and for injuring her five-year-old son, Demetrius. The jury sentenced him to death. On direct appeal, Gobert raised seven points of error, challenging the admission of expert testimony on future dangerousness, the constitutionality of Texas's capital-murder sentencing procedure (Article 37.071), and the denial of a mid-trial continuance. He also argued ineffective assistance of counsel and sought to suppress evidence from search warrants. The Court of Criminal Appeals of Texas affirmed the judgment and sentence, finding no reversible error, including that the erroneous admission of Dr. Coons's opinion was harmless given overwhelming evidence of Gobert's violence.

Capital murderDeath penaltyCriminal appealFuture dangerousnessExpert testimonyIneffective assistance of counselSearch warrantProbable causeMiranda rightsWitness testimony
References
40
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