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

Case No. MISSING
Regular Panel Decision

Carmille A. v. David A.

In this Family Court Act article 8 family offense proceeding, the petitioner filed a supplemental petition alleging the respondent willfully violated a modified order of protection on two separate occasions in March 1994. The court found these violations and civilly committed the respondent to consecutive terms of incarceration totaling ten months. The respondent moved for reargument, citing the appellate authority of Matter of Vitti v Vitti, which held that Family Court Act article 8 prohibits consecutive commitments exceeding a total of six months. The presiding judge, Guy P. De Phillips, disagreed with the Vitti ruling, asserting that legislative history and public policy regarding domestic violence support the imposition of consecutive civil commitments for distinct violations, even if the cumulative term exceeds six months, provided they are separate offenses for Sixth Amendment purposes. Consequently, the court denied the respondent's motion for reargument, affirming its authority to impose such consecutive sentences.

Family LawDomestic ViolenceOrder of ProtectionContempt of CourtCivil CommitmentConsecutive SentencesFamily Court ActStatutory InterpretationJudicial DiscretionAppellate Review
References
11
Case No. E2019-01864-CCA-R3-CD
Regular Panel Decision
Mar 31, 2021

State of Tennesse v. Ronnie Lucas Wilson

The defendant, Ronnie Lucas Wilson, was convicted of multiple offenses, including felon in possession of a firearm and attempted first-degree murder, stemming from a high-speed chase and shooting incident involving a police officer. The jury also found that the offenses qualified as Criminal Gang Offenses due to his affiliation with the Aryan Nation gang, leading to enhanced sentences. On appeal, the court affirmed his convictions but vacated the jury's findings regarding the Criminal Gang Offenses Statute, citing insufficient evidence to establish a direct nexus between his actions and the gang's benefit. Consequently, the case was remanded for resentencing related to the attempted first-degree murder and firearm possession convictions, and judgments were modified to remove the gang offense designation. The effective fifty-eight-year sentence was upheld due to the defendant's extensive criminal history and the severity of the offenses, with individual sentences adjusted for the removed enhancement.

Criminal Gang OffensesFelon in Possession of FirearmAttempted First Degree MurderPolice Officer ShootingHigh-Speed ChaseEvading ArrestFalse ReportCriminal Gang EnhancementSentencing AppealSufficiency of Evidence
References
26
Case No. MISSING
Regular Panel Decision
Jun 01, 2009

People v. Nunn

This case addresses whether a court's discretion to deem a misdemeanor complaint charging a drug offense as an information, without a field test or laboratory analysis, violates a defendant's due process rights. The court distinguishes People v Kalin and Matter of Jahron S., applying the three-factor test from Mathews v Eldridge. It concludes that the substantial private interest in physical liberty and the risk of erroneous deprivation necessitate a laboratory report or field test in most drug-related cases, imposing minimal burden on the prosecution. Specifically, for defendant Mr. Nunn, the misdemeanor complaint was deemed an information on June 1, 2009, after the certified laboratory analysis was filed.

Due ProcessCriminal ProcedureMisdemeanorControlled SubstanceDrug PossessionMisdemeanor InformationMisdemeanor ComplaintPrima Facie CaseLaboratory AnalysisField Test
References
21
Case No. 03C01-9601-CC-00033
Regular Panel Decision
Oct 03, 1997

Olen Eddie Hutchison v. State of Tennessee

Olen Eddie Hutchison appealed the denial of his petition for post-conviction relief, stemming from his 1991 convictions for first-degree murder and other offenses, for which he received the death penalty. Hutchison alleged ineffective assistance of counsel, prosecutorial misconduct concerning evidence of uncharged illegal activities, and procedural errors by the trial court, including the failure to make written findings, deny expert funds, and refuse a continuance. The Court of Criminal Appeals of Tennessee reviewed the claims, specifically addressing counsel's performance regarding objections to evidence and jury instructions, and the trial court's discretionary rulings. The court found that counsel's performance was not deficient and that the trial court's decisions were within its discretion. Consequently, the appellate court concluded that no individual constitutional errors existed and affirmed the denial of post-conviction relief.

Post-Conviction ReliefIneffective Assistance of CounselProsecutorial MisconductDeath PenaltyFirst Degree MurderConspiracyInsurance FraudAdmissibility of Prior Bad Acts EvidenceJury InstructionsExpert Witness Funding
References
24
Case No. SI 14 Cr. 68(KBF)
Regular Panel Decision
Dec 22, 2014

United States v. Ulbricht

This Opinion & Order addresses motions in limine filed by both the Government and defendant Ross Ulbricht in case SI 14 Cr. 68(KBF). Ulbricht is charged with narcotics trafficking, computer hacking, fraudulent identification documents, and running a continuing criminal enterprise related to the online marketplace Silk Road. The Court denied Ulbricht's motions to preclude evidence concerning Silk Road product listings, murder-for-hire solicitations, and fraudulent identification documents, finding them relevant to the charged offenses and Ulbricht's identity. Conversely, the Court granted Ulbricht's motion to preclude certain miscellaneous exhibits and denied the Government's motion to admit evidence of uncharged contraband, citing irrelevance and undue prejudice. The Government's motions regarding potential consequences of conviction and defendant's political views were denied as moot.

Silk RoadRoss UlbrichtMotions In LimineEvidence AdmissibilityNarcotics TraffickingComputer Hacking ConspiracyFraudulent Identification DocumentsMurder-for-Hire SolicitationRule 404(b) EvidenceRule 403 Balancing
References
58
Case No. I-CR-180523
Regular Panel Decision
Nov 10, 2022

State of Tennessee v. Terry James Lee

The defendant, Terry James Lee, appealed his convictions from the Williamson County Circuit Court for aggravated kidnapping, simple possession, violating the financial responsibility law, speeding, and improper use of a vehicle registration. He challenged the sufficiency of the convicting evidence, the admission of evidence of uncharged conduct (rape), and the admission of his pretrial statements to the police, raising issues of territorial jurisdiction and venue. The Court detailed the victim's testimony, which described being kidnapped in Georgia, physically assaulted, and raped during an enforced journey to Tennessee, contradicting the defendant's claims of a consensual trip. The appellate court affirmed the trial court's judgments, concluding that sufficient evidence supported the convictions and that territorial jurisdiction properly attached in Williamson County due to the continuing nature of the kidnapping offense. The Court found no reversible error regarding the admission of evidence or the defendant's pretrial statements.

Aggravated KidnappingSimple PossessionFinancial Responsibility Law ViolationSpeeding ConvictionImproper Vehicle RegistrationSufficiency of Evidence ChallengeUncharged Rape EvidencePretrial Statement AdmissibilityTerritorial Jurisdiction DisputeContinuing Offense
References
22
Case No. MISSING
Regular Panel Decision
May 19, 1993

Republic Insurance Co. v. Davis

Justice Gammage concurs with parts I, II, III-A, most of III-B, and IV of the majority opinion, acknowledging the need for Republic to object to a special master's report, the applicability of the 'offensive use' exception to attorney-client privilege, and the scope of party communications privilege. However, he dissents from the majority's imposition of stricter factors for offensive-use waiver compared to federal standards. He strongly disagrees with the majority's interpretation of a Declaratory Judgment Act counterclaim as not seeking 'affirmative relief,' arguing that such actions can indeed constitute 'offensive use' under the *Ginsberg* doctrine, particularly when used to preempt liability. Gammage concludes that the attorney-client privilege should be waived for certain documents based on offensive use and would have denied the petition for writ of mandamus in its entirety. Justice Doggett joins this concurring and dissenting opinion.

Attorney-client privilegeDeclaratory Judgment ActOffensive use doctrineWaiver of privilegeWrit of mandamusConcurring opinionDissenting opinionTexas lawProcedural lawAppellate review
References
16
Case No. S7 91 Cr. 451
Regular Panel Decision
Jul 28, 1993

United States v. Marquez

This Memorandum Opinion and Order details the findings for the sentencing of defendant Flora Marquez following a Fatico hearing. Marquez pleaded guilty to conspiracy to distribute and possess heroin. The hearing addressed disputes regarding the quantity of narcotics involved, her role in the offense, and claims of diminished capacity. The Court determined a Base Offense Level of 32, denied adjustments for her role or diminished capacity, and allowed only a two-point reduction for acceptance of responsibility. Consequently, Marquez's Total Offense Level was set at 30, with a Criminal History Category of I, leading to a sentencing guideline range of 97-121 months.

Criminal LawSentencing GuidelinesDrug ConspiracyHeroin DistributionCocaine DistributionFatico HearingRelevant ConductBase Offense LevelDiminished CapacityAcceptance of Responsibility
References
21
Case No. 96-CR-2659; 96-CR-2660
Regular Panel Decision

State v. McFall

This case addresses whether Texas Penal Code Section 32.03, an aggregation provision, can be used to prosecute individuals for fraudulently receiving workers' compensation benefits after the primary statute, Section 32.51, was repealed. John P. McFall was indicted under Section 32.51 for conduct occurring both before and after its repeal. The State argued that Section 32.03 allowed aggregation of incidents as a continuing course of conduct, making the pre-repeal conduct an 'element' that permitted prosecution under the old law. The court held that Section 32.03 is an aggregation provision for determining the grade of an offense, not a standalone offense, and therefore cannot be used to prosecute conduct that ceased to be an offense after the repeal of Section 32.51. Consequently, the trial court's decision to quash the indictments was affirmed, and the State's appeal was overruled.

Workers' Compensation FraudStatutory InterpretationRepealed StatuteAggregation ProvisionIndictmentMotion to QuashTexas Penal CodeContinuing Course of ConductElements of OffenseAppellate Review
References
4
Case No. 2025 NY Slip Op 05850
Regular Panel Decision
Oct 23, 2025

People v. Flanigan

Defendant Razeah S. Flanigan appealed convictions for assault in the second degree and reckless endangerment in the second degree, stemming from an incident where he fired a flare gun, injuring the victim's arm. The Appellate Division, Third Department, reviewed the weight of the evidence for the assault conviction, concluding that the victim suffered a serious physical injury due to disfigurement and protracted impairment. The court affirmed the assault conviction but found that reckless endangerment in the second degree was an erroneous lesser included offense of assault in the first degree, though harmless as it was a proper lesser included offense of another count. Ultimately, the court determined that reckless endangerment in the second degree was a lesser included offense of assault in the second degree, leading to the dismissal of the reckless endangerment conviction. The judgment was modified to dismiss the conviction on count 3 and affirmed as modified.

Assault Second DegreeReckless EndangermentSerious Physical InjuryLesser Included OffenseFlare Gun InjuryCriminal Weapon PossessionJustification DefenseWeight of Evidence ReviewAppellate DivisionConviction Modification
References
16
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