Smith v. Department of Public Safety & Corrections, Headquarters

I dissent from the majority opinion because (1) it applies the wrong standard for appellate review of facts to evaluate the testimony of the appellant, (2) it fails to recognize that the appellee has presented enough evidence which, if believed, is sufficient to establish a prima facie case, (3) it erroneously fails to specifically address whether the testimony of the appellant is credible, and (4) it erroneously reverses the ruling which terminated the appellant’s employment, instead of ordering a remand for a new trial.

TESTIMONY OF THE WITNESSES

Dorothy Kelley testified she was a lieutenant…