Court Rulings

The State appeals as of right from the trial court's order granting the motion to suppress all evidence obtained as a result of an unconstitutional stop of the vehicle driven by Defendant, Jason Bradley Walters. The basis of the stop was the arresting deputy's observation that Defendant violated Tennessee Code Annotated section 55-9-407, which requires a driver to dim headlights within 500 feet of an approaching vehicle. In its order, the trial court granted the motion solely based upon its determination that a violation of Tennessee Code Annotated section 55-9-407 is not a crime. On appeal the State argues it is a Class C misdemeanor pursuant to Tennessee Code Annotated section 55-10-301(a), and that the trial court's judgment should be reversed. On this point, we agree with the State. However, we remand for the trial court to make specific findings of fact based upon the trial court's credibility determinations of the witnesses, and any other evidence, direct or circumstantial, viewed in light of the trial court's credibility of the testimony. The trial court must then issue a new order either granting the motion to suppress or denying the motion.

The plaintiffs, Providence Teachers' Union Local 958, AFT, AFL-CIO, and Jennifer Leyden, appealed from an order of the Superior Court denying their motion to vacate an arbitration award and granting the motion of the defendant, the City of Providence, to confirm the same award. The union argues that the hearing justice erred in deciding that a teacher was a retired employee once the retirement board determined that she was entitled to an ordinary disability pension. The Supreme Court held that a teacher is not a retired employee once the retirement board determined that she was entitled to an ordinary disability pension. The Court held that nothing in chapter 16 of title 16 nor chapter 8 of title 36 of the general laws grants the retirement board the authority to retire a teacher or the power to sever the employment relationship between a teacher and the school department. Instead, the Court held that these statutes grant the retirement board the authority to, among other things, determine a covered employee's eligibility and to pay a pension to the eligible employee. Accordingly, the Supreme Court vacated the order of the Superior Court and remanded the case to the Superior Court with instructions to enter an order vacating the arbitrator's award.