State of Tennessee v. Claude Harvey Banner
Syllabus
The Defendant, Claude Harvey Banner, was convicted by a Carter County Criminal Court jury of attempted second degree murder and unlawful possession of a firearm. The trial court initially approved the verdicts as thirteenth juror but later granted the Defendant's untimely motion for a new trial. We granted the State's application for an interlocutory appeal pursuant to Tennessee Rule of Appellate Procedure 9 to consider whether the trial court lacked jurisdiction to grant a new trial in its capacity at thirteenth juror after the judgments were final. We reverse the trial court's order granting a new trial and reinstate the judgments of conviction.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that employee can show pretext by affirmative external evidence of good performance
- holding that the defendant’s burden in this regard is “‘relatively light,’ and the employer need only ‘introduc[e] evidence which, taken as true, would permit the conclusion that there was a nondiscriminatory reason for the unfavorable employment decision’”
- explaining that evidence is more likely to show weaknesses in the employer’s proffered reasons where it implicates the “core facts” underlying those reasons
- observing that subjective interview criteria, such as “attitude” or “teamwork,” may mask pretext
- explaining that “this burden is ‘relatively light’ and is met if the defendant presents evidence which, taken as true, would permit the conclusion that there was a nondiscriminatory reason for the unfavorable employment decision”
- stating that the employer’s burden of production at this stage is “relatively light, and the employer need only introduce evidence which, taken as true, would permit the conclusion that there was a nondiscriminatory reason for the unfavorable employment decision.”
Source: CourtListener parenthetical corpus (CC0).
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