State of Tennessee v. Joshua W. Gabehart
Syllabus
A Maury County jury convicted the Defendant, Joshua W. Gabehart, of the unlawful sale of fentanyl, a Schedule II controlled substance. The trial court sentenced the Defendant to serve twelve years in confinement. On appeal, the Defendant argues that the evidence is legally insufficient to support his conviction because the State failed to prove that he knew he was selling fentanyl instead of heroin. Upon our review, we respectfully affirm the judgment of the trial court.
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- affirming that shareholder did not meet definition of “employee” because a management committee exercised exclusive control over relevant employer functions
- applying factors similar to the Clackamas factors to the Age Discrimination in Employment Act and the Employee Retirement Income Security Act
- agreeing with other circuit courts that partners cannot claim protection under acts designed to protect employees but concluding on the evidentiary record developed that the plaintiff was properly classified as an employee of defendant
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