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

Case No. M2018-01410-CCA-R3-CD
Regular Panel Decision
Aug 15, 2019

State of Tennessee v. Krysten Renae Glover

Krysten Renae Glover appealed the denial of probation after pleading guilty to two counts of methamphetamine sale in Wayne County, Tennessee. The trial court, presided over by Judge Stella L. Hargrove, imposed an effective nine-year sentence but denied probation, citing the need for deterrence, the seriousness of the offense, and the defendant's failure to fully accept responsibility. The Court of Criminal Appeals of Tennessee, in an opinion delivered by Presiding Judge John Everett Williams, reviewed the decision for abuse of discretion. The appellate court found that the trial court properly considered statutory criteria and did not solely rely on deterrence, thus affirming the judgments and upholding the denial of probation and the sentence of confinement.

Probation denialMethamphetamine saleDrug offensesSentencingAbuse of discretionAppellate reviewDeterrenceCriminal appealConfinementPresentence report
References
8
Case No. MISSING
Regular Panel Decision

People v. Whiting

The defendant appealed a judgment from Albany County Court convicting him of two counts of criminally negligent homicide and an order denying his motion to vacate the conviction. The defendant, after consuming alcohol, caused a car accident resulting in two deaths. Although the Probation Department recommended probation due to the defendant's unblemished record and good conduct during pretrial release, the County Court imposed a maximum sentence of four years imprisonment, emphasizing deterrence. The appellate court, while acknowledging deterrence as a valid sentencing criterion, exercised its discretion to modify the sentence. Considering the defendant's background, rehabilitation not being necessary, and the long-term impact of the tragedy, the court reduced the sentence to 60 days imprisonment in Albany County Jail and a term of probation, including participation in an alcohol abuse education program.

Criminally Negligent HomicideSentencingAppealAbuse of DiscretionHarsh and Excessive SentenceDeterrenceRehabilitationProbationAlcohol AbuseVehicle Accident
References
7
Case No. MISSING
Regular Panel Decision
Jun 25, 1995

United States v. Smith

A postal worker was brutally attacked and stabbed by Mr. Smith while delivering mail. Mr. Smith pled guilty to assault with a dangerous weapon upon a Postal Service employee. At sentencing, the victim gave a statement detailing his physical and emotional trauma and the impact on his coworkers, emphasizing the need for the court to send a message. The court considered victim impact and general deterrence, particularly for postal workers' safety. The judge sentenced Mr. Smith to 41 months imprisonment, followed by three years of supervised release, and a $50 assessment, stating the sentence was appropriate to send a strong message to the community.

Criminal SentencingVictim Impact StatementGeneral DeterrenceAssault on Postal WorkerFederal Sentencing GuidelinesVictim RightsMens ReaHarm AssessmentNorm ReinforcementPunishment Theory
References
8
Case No. MISSING
Regular Panel Decision

Sara Lee Corp. v. Bags of New York, Inc.

Sara Lee Corporation filed an action claiming defendants produced and sold counterfeit trademarked Coach Leatherware products, violating the Trademark Act of 1946. Following defendants' failure to respond, a default judgment was entered, and the court retained jurisdiction to determine damages. Despite court orders, seizures, and civil contempt findings, defendant Nabil Helou and his associated businesses persisted in their counterfeiting activities. The court, noting the defendants' willful infringement, efforts to mislead, and defiance of deterrence, awarded Sara Lee $750,000 in statutory damages and $46,045.63 in attorney fees and costs.

Trademark InfringementCounterfeitingStatutory DamagesAttorney FeesWillful InfringementDefault JudgmentInjunctive ReliefDeterrencePunitive DamagesCivil Contempt
References
15
Case No. MISSING
Regular Panel Decision

Coffey v. Fayette Tubular Products

Geneva Coffey sued Fayette Tubular Products for retaliatory discharge after being fired subsequent to filing a worker's compensation claim. The trial court initially awarded Coffey compensatory and punitive damages, along with front pay, but the Court of Appeals remitted the punitive damages and vacated the front pay. This Supreme Court reversed the Court of Appeals' decision, reinstating the trial court's full award. The court emphasized that punitive damages, intended for punishment and deterrence, should not influence the determination of front pay, which compensates for future earnings. The judgment affirmed the trial court's adherence to legal factors in reviewing punitive damage awards.

Retaliatory dischargeWorkers' compensationPunitive damagesFront payEmployer liabilityEmployment lawAppellate reviewTrial court discretionDamage awardsJudicial review
References
18
Case No. MISSING
Regular Panel Decision

Zurich Insurance v. Shearson Lehman Hutton, Inc.

This declaratory judgment action was initiated by Zurich Insurance Co. to determine if it had a duty to indemnify its insured, Shearson, for punitive damages awarded in two out-of-State slander actions in Georgia and Texas. The core issue was whether New York's public policy precluding indemnification for punitive damages should override the public policies of Georgia and Texas, which permit such indemnification. The court applied New York choice of law principles, concluding that New York's public policy generally applies. However, it found that indemnification for the Georgia award was permissible due to its compensatory component, while indemnification for the Texas award was precluded as it served purely deterrent purposes.

Punitive DamagesInsurance IndemnificationChoice of LawPublic PolicyConflict of LawsSlanderDeclaratory JudgmentVicarious LiabilityCompensatory DamagesDeterrence
References
17
Case No. 2018 NY Slip Op 02369 [160 AD3d 1054]
Regular Panel Decision
Apr 05, 2018

People v. Snowden

The People appealed the Supreme Court's order which granted defendant James Snowden's motion to dismiss an indictment in the furtherance of justice. Snowden, a former Code Enforcement Officer, was indicted on multiple charges including bribe receiving and criminal mischief, related to the demolition of an asbestos-containing building without proper abatement. The Appellate Division, Third Department, found that the Supreme Court improvidently exercised its discretion. The court highlighted the seriousness of the allegations, the potential harm to the environment and workers exposed to asbestos, and the negative impact dismissing the indictment would have on public confidence and deterrence. Consequently, the Appellate Division reversed the Supreme Court's order and denied Snowden's motion.

Criminal ProcedureIndictment DismissalDiscretionary DismissalPublic Official MisconductAsbestos DemolitionEnvironmental SafetyBriberyConspiracyCriminal NuisanceAppellate Review
References
27
Case No. MISSING
Regular Panel Decision
Feb 02, 2004

United States v. White

Mario White, a 29-year-old mother of five children and legal guardian of her 14-year-old sister, pled guilty to bank robbery as a lookout. She moved for a downward departure from the Sentencing Guidelines due to extraordinary family circumstances, facing a prison term of 57 to 71 months. The Court, presided over by Judge Chin, acknowledged the exceptional hardship her incarceration would cause her six young dependents, likely leading to foster care placement. Balancing this with the seriousness of the crime and the need for deterrence, the court granted a downward departure, reducing her sentence to a range of 24 to 30 months imprisonment, rather than the requested probation and home confinement.

Bank RobberySentencing GuidelinesDownward DepartureFamily CircumstancesCriminal HistoryLookout RoleViolent CrimeFederal SentencingDistrict Court DecisionChild Custody
References
16
Case No. MISSING
Regular Panel Decision

United States v. Miller

District Judge Frankel's memorandum addresses the sentencing of four former postal employees for stealing mail, lamenting the lack of public awareness for such routine criminal cases. The judge aims to invite notice to mail embezzlement to foster general deterrence, particularly among other postal workers. Despite acknowledging the defendants' non-evil nature and meager incomes, the memorandum emphasizes that their deliberate and repetitive crimes resulted in job loss, public disgrace, and sentences of confinement and supervised probation. This stricter approach signals a departure from past leniency, intending to underscore the serious consequences of violating public trust and to serve as a strong warning against future mail theft.

Mail theftEmbezzlementSentencingGeneral deterrenceJudicial discretionPostal employeesCriminal lawFederal courtJudicial memorandumProbation
References
0
Case No. MISSING
Regular Panel Decision

Randolph v. Dimension Films

The plaintiff, Tina M. Randolph, sought reconsideration of a prior order that dismissed her copyright infringement claim against Dimension Films and several other entities. Randolph alleged that the defendants' motion picture, *The Adventures of Shark Boy and Lava Girl in 3-D*, infringed the copyright of her book, *Mystic Deja: Maze of Existence*. The court denied Randolph's motion for reconsideration, reaffirming its previous conclusion that there was no substantial similarity between the two works and that dismissal under Rule 12(b)(6) was appropriate. Additionally, the court granted in part the defendants' motion for attorneys' fees and costs, finding that Randolph's claims were objectively unreasonable, warranting a fee award as a deterrent against meritless lawsuits.

Copyright InfringementMotion for ReconsiderationAttorneys' FeesSubstantial SimilarityRule 12(b)(6)Dismissal with PrejudiceObjective UnreasonablenessDeterrenceFifth Circuit PrecedentSouthern District of Texas
References
74
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