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https://www.courtlistener.com/api/rest/v3/opinions/5283522/ | Nancy Steffen Rahmeyer, J.
Jack and Ruth Maxey (the “Maxeys”), through their daughter, Jackie Cernetich, hired Consolidated Service Group, LLC (“Consolidated”), through its agent representative Marc Benz, (collectively, “Plaintiffs”), to put a new roof on their home. Prior to the completion of the job, a dispute arose ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283523/ | OPINION
MICHAEL MASSENGALE, Justice.
Appellants Waller County, Texas and its Commissioners Court consisting of County *74Judge - Glenn Beekendorff and County Commissioners Frank Pokluda, Stan Kitz-man, Jeron Barnett, and John Amsler, all acting in their official capacities (collectively, Waller County), filed a notice ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283524/ | OPINION
SUE WALKER, Justice.
I. Introduction
Appellant the State of Texas perfected this appeal after the trial court granted Appellee N.RJ.’s petition for an expunction. See Tex.Code.Crim. Proc. Ann. art. 55.02, § 8(a) (West Supp.2014). We will address two issues in this appeal. First, we will determine whether this c... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283525/ | LEE ANN DAUPHINOT, Justice,
dissenting.
I respectfully dissent from the majority opinion.
Appellee was arrested for driving while intoxicated (DWI), and he was arrested for possession of marijuana.1 That is, there were two separate arrests pursuant to two separate warrants.2 Even though both arrests occurred on the sam... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283526/ | OPINION
Bob Pemberton, Justice
State Farm Lloyds appeals a district court judgment affirming a final order of the Commissioner of Insurance determining that it had charged consumers homeowners insurance premiums that were excessive for several years during the 2000s and ordering refunds with interest. We will affirm t... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283528/ | OPINION
THOMPSON, JUDGE:
This action was filed by the appellees, Banner Industries of N.E., Inc., Gary J. Richard, and Pikeville Energy Group, LLC (PEG) against the appellants, Warren E. Halle, THC Kentucky Coal Venture I, LLC (THC), and West Virginia Coal Venture I, LLC, (WVCI).1 The initial complaint alleged: (1) fr... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283529/ | OPINION
DIXON, JUDGE:
Appellants, Walter M. Butt and Karen Petigo, co-administrators of the estates of Brian C. Butt and Michael A. Butt; Stephanie A. McCauley, as mother next friend and conservator for Maggie Elizabeth Ann McCauley; Ashley N. Hazelwood as mother, next friend and conservator for Kile A. Green; and Bru... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283530/ | WILLIAM W. FRANCIS, JR., J.
Sheri Stephens (“Stephens”) appeals the motion court’s “Judgment” sustaining motions to dismiss filed by Sheriff W. Archie Dunn (“Sheriff Dunn”), Sheriff Jack L. Merritt (“Sheriff Merritt”), and C.E. Wells (“Wells”), and the “Motion to Dismiss, or in the Alternative, Quash Purported Service ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283531/ | . WILLIAM W. FRANCIS, JR., C.J./P.J.
Plaintiff Jerry Jacob McClain, by and through his mother and next friend, Lori Rutledge (collectively “Plaintiffs”), Dr. Allen Northern, and Rolla Medical Group and Women’s Clinic, Inc. (collectively “Northern”), appeal from a judgment in favor of Defendants James Flanary, James Ces... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283532/ | DANIEL E. SCOTT, Judge.
I concur in affirming the judgment as to Counts II through X. I respectfully dissent from the reversal as to Counts I and XI
Count I alleged fraud in two respects. One has been abandoned on appeal.1 The other asserted that Downard misled the Secretary of State in connection with PDA’s corporate ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283533/ | ORDER
George Kniest appeals the judgment dismissing his Rule 24.035 motion for post-conviction relief. We find that the motion court’s findings of fact and conclusions of law are not clearly erroneous. An extended opinion would have no prece-dential value. We have, however, provided the parties a memorandum setting fo... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283535/ | ORDER
PER CURIAM.
Community Fire Protection District (“the District”) and the District’s Board of Directors (“the Board”) appeal the judgment reversing and remanding the Board’s decision to terminate Cynthia Schuenke. No error of law appears. An extended opinion would have no precedential value. *276We have, however, ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283580/ | MEMORANDUM OPINION
JIM R. WRIGHT, Chief Justice.
Dora Jo Motloch, individually and on behalf of the Estate of James Motloch, deceased, sued Albuquerque Tortilla Company, Inc., alleging claims for negligent *32hiring and various theories of vicarious liability arising out of a fatal accident between the Motlochs and Joh... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283536/ | ORDER
PER CURIAM
Defendant Jamikeo Thompson was convicted by jury in the Circuit Court of the City of St. Louis of one count of trafficking drugs in the second degree, section 195.223, R.S.Mo. (Cum.Supp.2007), and two counts of possession of a controlled substance, section 195.202, R.S.Mo. (Cum. Supp.2011). We affirm ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283537/ | ORDER
Per curiam:
Norman Freeman was convicted of murder in the second degree following a jury trial in the Circuit Court of Jackson County. We affirmed his conviction on direct appeal in State v. Freeman, 359 S.W.3d 498 (Mo.App.W.D.2012). Freeman now appeals the denial of his motion for post-conviction relief pursuant... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283539/ | Patricia L. Cohen, Presiding Judge
Introduction
D. Wayne Mayer, acting in his capacity as trustee of the John J. Stock Trust, and Ronald A. Nolle, acting in his capacity as trustee of the Oscar A. Nolle Trust (collectively, “Trusts”), appeal the trial court’s judgment in favor of Lindenwood University on its action f... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283541/ | ORDER
PER CURIAM.
The Business Bank of St. Louis (“the Bank”) appeals the grant of summary judgment in favor of Old Republic National Title Insurance Company on the Bank’s claims for declaratory judgment, indemnity, and a creditor’s bill. We find no error has occurred.
*318No jurisprudential purpose would be served by... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283542/ | Joseph M. Ellis, Judge
Appellant Charles Spearman appeals pro se from a judgment entered by the Circuit Court of Jackson County confirming the sale of Appellant’s property to the Land Bank of Kansas City Missouri. Appellant contends that the circuit court erred in sustaining the sale of his property due to delinquent t... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283543/ | Angela T. Quigless, C.J.
I.INTRODUCTION.
Nicholas Malawey (father) appeals the judgment of the Circuit Court of St. Charles County granting mother Margaret Kosowski’s petition for appointment of guardianship of their son, S.M. In his sole point on appeal, father contends the probate court erred in entering the guardian... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283544/ | ROY L. RICHTER, Judge.
I reluctantly concur in the result reached, as we are constrained by the analysis in Scruggs v. Scruggs, 161 S.W.3d 383 (Mo. App W.D.2005), which holds that child custody and child support are subject to the same temporal limits. If Scruggs is followed, the dissolution decree will govern custody ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283545/ | ORDER
Per curiam:
B.T. appeals a judgment terminating his parental rights to his son, P.T., and his daughter, S.T. Because the trial court did not err in finding that clear and convincing evidence established a statutory ground for terminating B.T.’s parental rights, and did not err in finding by a preponderance of the... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283546/ | ORDER
Per Curiam:
Mr. Frederick Alfred Davis, Jr., appeals a conviction of the Class B misdemeanor of peace disturbance.
For reasons stated in the memorandum provided to the parties, we affirm. Rule 30.25(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283547/ | ORDER
PER CURIAM:
Michael Fisher Jr. appeals his conviction following a jury trial for the class B felony of possession of a controlled substance with intent to deliver. § 195.211, RSMo Cum. Supp. 2013. Fisher challenges the sufficiency of the evidence to support the conviction. Because a published opinion would have ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283548/ | ORDER
PER CURIAM.
In this consolidated appeal, Mother appeals the judgments terminating her parental rights to D.A.K., A.C.K., L.G.K., and M.J.T. The judgments are supported by substantial evidence and are not against the weight of the evidence. No error of law appears.
No jurisprudential purpose would be served by a ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283549/ | Order
Per Curiam
Timothy Anders appeals from his convictions on two counts of felony child abuse. He contends the circuit court erred in refusing to admit evidence that the victim’s mother, who was charged with crimes similar to Anders’s, fled the state while her case was pending. Anders argues that evidence of this fl... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283550/ | ORDER
PER CURIAM
Phillip and Kathy Samuels (“Plaintiffs”) appeal from the trial court’s judgment finding that Defendant Fairfield Condominium Association, Inc. (“Fairfield”) was not responsible for the maintenance or repairs to Plaintiffs’ outdoor wall, sidewalk, or interior damage. We have reviewed the briefs of the ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283551/ | *381Order
Per Curiam:
Jewell Saunders appeals, following an evidentiary hearing, the denial of his Rule 29.15 motion for post-conviction relief. Saunders claims that trial counsel provided ineffective assistance by presenting Saunders’s defense through his former cellmate, rather than through his sister and nephew. Sau... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283552/ | Order
Per Curiam:
Appellant Agile Specialty Transportation appeals the decision of the Labor and Industrial Relations Commission, dismissing Agile’s appeal for failure to attend the scheduled hearing without good cause. Finding no error, we affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283553/ | JUSTICE LEHRMANN
delivered the opinion of the Court.
In conjunction with the Texas Tort Claims Act’s limited waiver of governmental immunity, section 101.106 of the Act gives a measure of protection to government employees who are sued in tort for conduct within the scope of their employment. These employees are entitl... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283555/ | MEMORANDUM OPINION ON REMAND1
LEE ANN DAUPHINOT, Justice.
In this case on remand from the Supreme Court of Texas, Appellants Rich-mont Holdings, Inc.; Nukote Holding, Inc.; Nukote International, Inc.; Ink-brary, LLC; Superior Acquisitions LLC; John P. Rochon, Sr.; John P. Rochon, Jr.; Kelly Kittrell; Russell Mack; C & ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283556/ | OPINION
Sharon McCally, Justice
This is an interlocutory appeal1 from the denial of the special appearances filed by defendants M & F Worldwide Corp. (M & F Worldwide), MCG Intermediate Holdings Inc. (MCG Holdings), Mafeo Worldwide Corporation (Mafeo Worldwide), Mafeo Consolidated Group LLC (Mafeo Consolidated), and PC... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/584909/ | 966 F.2d 1452
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.Anthony W. HEFLIN, Petitioner-Appellant,v.Stephen T. ... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/587318/ | 970 F.2d 338
Larry POUNDS, Plaintiff-Appellee,v.David GRIEPENSTROH, Hugh Barclay, and Louis Lubbehusen,Defendants-Appellants.
No. 91-2732.
United States Court of Appeals,Seventh Circuit.
Argued Feb. 13, 1992.Decided Aug. 6, 1992.
Theodore Lockyear, Lockyear & Kornblum, Evansville, Ind., Frank R. Hahn (argued), Newburg... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5283557/ | OPINION
Melissa Goodwin, Justice
Appellants James Sylvester, Ken Yar-borough, and Josephine Miller, candidates for the Texas House of Representatives in the 2002 general election, brought suit against appellees Texas Association of Business (TAB), Bill Hammond, the Texas Business and Commerce Political Action Committe... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283558/ | J. Woodfin Jones, Chief Justice,
dissenting
I respectfully dissent.
The majority holds that TAB was not— indeed, could not have been — a “political committee” under the Texas Election Code. As the majority acknowledges, “[i]f TAB was a political committee, it violated the Election Code’s requirements to appoint a campa... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283563/ | Laura Denvir Stith, Judge
Realty Acquisition, LLC, appeals- the circuit court’s judgment sustaining motions by Beemer Construction Company and Seal-Ó-Matic Paving Company to set aside a tax sale of certain real property to Realty. Realty argues that the trial court erred in holding that, because Beemer and Seal-O-Matic... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283565/ | *780
ORDER
PER CURIAM
Troy Lee Jones Jr. appeals the denial of his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. We affirm.
We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. No error of law appears. An... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283566/ | ORDER
PER CURIAM:
In May 2005, Appellant Kathy Miller was involved in an automobile accident *791with Jennifer Sutton. Miller sued Sutton in the Circuit Court of Boone County for personal injuries Miller alleged that she sustained in the accident. A jury found in favor of Sutton. Miller appeals. She argues that the tri... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283567/ | Order
Per Curiam:
David Harrison challenges his conviction for statutory sodomy. Harrison sets forth three points of error in his appeal. Finding no error, we affirm. Rule 30.25(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283568/ | ORDER
Per Curiam:
Bradley W. Ise appeals the circuit court’s judgment convicting him of two counts of driving while revoked and one count of following another vehicle too closely. We affirm. Rule 30.25(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283569/ | ORDER
PER CURIAM
B.F. appeals the juvenile court’s judgment that he committed the delinquent act of second-degree assault. B.F. claims that the evidence was insufficient to prove beyond a reasonable doubt that he committed second-degree assault. We affirm.
We have reviewed the briefs of the parties and the record on ap... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283582/ | RITA W. GRUBER, Judge |, David Lineham appeals from the circuit court’s order denying his petition to terminate a guardianship over his daughter, W.L. David argues on appeal that the circuit court clearly erred in refusing to terminate the guardianship and in allowing W.L.’s maternal grandparents to continue as guardia... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283570/ | ORDER
PER CURIAM.
Walter Head appeals from the trial court’s judgment dismissing his petition for negligence with prejudice. We have reviewed the briefs of the parties and the record on appeal and conclude the trial court’s judgment was not an abuse of discretion. Black v. Rite Mortgage and Financial Inc., 239 S.W.3d ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283571/ | ORDER
PER CURIAM.
Charles Smith appeals from the judgment of the motion court denying his Rule 24.0351 motion for post-conviction relief without an evidentiary hearing. We have reviewed the briefs of the parties and the record on appeal and conclude the motion *863court’s findings and conclusions are not clearly erron... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283572/ | ORDER
PER CURIAM
Eugene Thomas appeals from the motion court’s Conclusions of Law and Order on his Amended Motion to Vacate, Set Aside, or Correct Judgment and Sentence and Request for Evidentiary Hearing denying his Rule 29.15 claims for post-conviction relief. We affirm.
We have reviewed the briefs of the parties, th... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283573/ | ORDER
PER CURIAM
Adrian French appeals from the motion court’s Findings of Fact, Conclusions of Law, and Order denying his Amended Motion to Vacate, Set Aside or Correct Judgment and Sentence and Request for Evi-dentiary Hearing filed pursuant to Rule 24.085. We affirm.
We have reviewed the briefs of the parties, the l... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283574/ | ORDER
PER CURIAM
Brian C. Williams appeals from the motion court’s Findings of Fact, Conclusions of Law, and Order denying, without an evidentiary hearing, his amended Rule 24.035 Motion to Vacate, Set Aside, or Correct Judgment and Sentence and Request for Evidentiary Hearing. We affirm.
We have reviewed the briefs o... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283575/ | ORDER
PER CURIAM.
Eugene N. Barnes appeals from the motion court’s judgment dismissing his amended Motion to Vacate, Set Aside or Correct Judgment and Sentence filed pursuant to Rule 24.035,1 following an eviden-tiary hearing. We have reviewed the briefs of the parties and the record on appeal and conclude the judgmen... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283577/ | ORDER
PER CURIAM.
Devin Mosley appeals from the motion court’s judgment denying, following an evi-dentiary hearing, his amended Motion to Vacate, Set Aside or Correct Judgment and Sentence filed pursuant to Rule 29.15.1 We have reviewed the briefs of the parties and the record on appeal and conclude the judgment of th... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283578/ | OPINION
MEYERS, J.,
delivered the opinion of the Court
in which JOHNSON, KEASLER, HERVEY, COCHRAN, and ALCALA, JJ., joined.
A jury convicted Appellant, David Sa-maripas, Jr., of engaging in organized *2criminal activity1 and sentenced him, as a habitual criminal, to 53 years in the Texas Department of Criminal Justice... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283585/ | CUNNINGHAM, J.,
CONCURRING IN PART AND DISSENTING IN PART:
I believe that the trial court’s restriction upon the cross examination by the defense attorney of the arson expert was error. However, I think such error was harmless. Therefore, I concur in the result of that part of the opinion.
The identity of the victims i... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283586/ | OPINION
LAMBERT, JUDGE:
S.L.C.E. (the mother) appeals from the Jefferson Family Court’s order terminating her parental rights to her child, A.A.S. (the child). After careful review, we affirm.
The child was born on April 28, 2012, to the mother and A.S. (the father). The Cabinet for Health and Family Services (the Cab... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283587/ | OPINION AND ORDER
KRAMER, JUDGE:
Petitioners, Stanton Health Facilities, et al., filed a petition for writ of mandamus to require the trial court to rule upon its motion to compel arbitration and to stay pretrial discovery pending resolution of the motion to compel arbitration. Having considered the petition for writ ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283588/ | OPINION
COMBS, JUDGE:
Heather Griffith' appeals her conviction in the Boyd Circuit Court. After our review, we vacate and remand.
On January 23, 2012, a grand jury indicted Griffith for first-degree robbery, second-degree fleeing or evading police, and tampering with physical evidence. The Commonwealth negotiated a pl... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283589/ | MARY W. SHEFFIELD, PJ.
This appeal arises from a wrongful death law suit. Two men were killed in a go-kart incident, and their surviving family members sued the manufacturers, distributors, and sellers of the go-kart, alleging various counts of strict liability and negligence. The manufacturers and distributors ultimat... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283590/ | ORDER
Per Curiam:
Ali Cubba appeals the circuit court’s judgment denying his Rule 24.035 motion for postconviction relief after an evidentia-ry hearing. We affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283591/ | ORDER
PER CURIAM:
Randy Fisher appeals from the denial of his Rule' 29.15 motion for postconviction relief without an evidentiary hearing. After a thorough review of the record, we conclude that the judgment is based on findings of fact that are not clearly erroneous and that no error of law appears. A formal, publish... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283592/ | Order
Per Curiam
Llkeesha Graham appeals her convictions for fraudulent use of a debit device in violation of section 570.130, RSMo Supp. 2009, and stealing in violation of section 570.030, RSMo Supp. 2003. Graham contends the trial court erred in admitting evidence of other uncharged acts. For reasons explained in a M... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283594/ | ORDER
PER CURIAM.
Appellant Cory Brooks (“Brooks”) appeals from the judgment of the motion *416court denying his Rule 24.035 motion for post-conviction relief following an eviden-tiary hearing. Brooks pleaded guilty to one count of second-degree murder, Section 565.012 (Count V), one count of armed criminal action, Se... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283595/ | ORDER
PER CURIAM.
Appellant Ronald Hamilton (“Hamilton”) appeals from the judgment of the motion court denying his Rule 29.15 motion for post-conviction relief without an evidentia-ry hearing. Following a jury trial, Hamilton. was convicted of two counts of domestic assault in the first degree and one count of armed c... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283613/ | ORDER
PER CURIAM:
Dallas Mays appeals the summary judgment of the trial court in favor of the Missouri Board of Probation and Parole in his declaratory judgment action. Because a published opinion would have no prece-dential value, a memorandum has been provided to the parties.
The judgment is affirmed. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283614/ | ORDER
Following a jury trial in the Circuit Court of Grundy County, Lynn D. Shipley was convicted of sexual misconduct by indecent exposure for exposing his genitals to a child, in violation of § 566.083, RSMo. Shipley appeals, arguing that evidence was insufficient to prove that he acted for the purpose of arousing or... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125706/ | Davis, P. J.:
This action was brought for the foreclosure of a mortgage made by Alexander C. Poillon and Cornelius Poillon, both now deceased. A judgment of foreclosure and sale containing the usual provision that any surplus shall be paid into the chamberlain’s office, was obtained, in pursuance of which the mortgaged... | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283596/ | ORDER
PER CURIAM.
Antonio Powell (“Powell”) appeals from the judgment of the motion court denying his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. Powell was convicted by a jury of one count of second-degree trafficking in violation of Section 195.223. The trial court found Powell to be... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283597/ | ORDER
Per Curiam:
Jessuan Lamar Cowans appeals the circuit court’s judgment convicting him of first-degree burglary, second-degree domestic assault, and attempted victim tampering. We affirm. Rule 30.25(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283598/ | OPINION
YVONNE T. RODRIGUEZ, Justice.
Appellants, the Commissioner of the General Land Office of the State of Texas, Wesley West Minerals, Ltd., and Longfellow Ranch Partners, L.P. (collectively referred to hereinafter as “Appellants”), appeal the outcome of several cross summary judgment motions filed by the parties ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283599/ | OPINION
EVELYN V. KEYES, Justice.
Appellees, Rukmin, Susan, Reshma, and Rehka Durgapersad (collectively, “the Durgapersads”) filed suit against appellant, Chrisondath Badall, asserting a cause of action for the wrongful death of Ram-dath Durgapersad. A jury found in the Durgapersads’ favor, and the trial court entered ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283601/ | OPINION
Opinion by
Justice Carter
Kyle King admitted his mother, Marilou Whatley King (Whatley), to The Villas of Mount Pleasant, LLC, d/b/a Greenhill Villas (the Villas) nursing facility in Mount Pleasant, Texas. Acting as Whatley’s agent, King signed an admission agreement containing an arbitration clause that purpor... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283603/ | NOBLE, J.,
Concurring in part and Dissenting in part.
While I agree with the majority that Nickolas Staples’ conviction for manslaughter must be reversed, I do so for an additional reason, namely, because he cannot be criminally liable under a theory that he had “actual custody” of his girlfriend’s child when the girlf... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283604/ | VENTERS, J.,
Concurring in Part and Dissenting in part.
I join Justice’ Noble’s separate opinion because I agree with her view as to the meaning of “actual custody” in the context under review here. But, I write separately to highlight an additional flaw of the majority opinion. Because “actual custody” of the abused c... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283606/ | Opinion of the Court by
Justice SCOTT.
I. BACKGROUND
In 1999, a Laurel Circuit Court jury found Appellee, Leslie Lawson, guilty of second-degree arson, second-degree burglary, and of being a first-degree persistent felony offender (PFO), for which Ap-pellee was sentenced to a total of eighty years’ imprisonment. Howeve... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283607/ | NOBLE, J.,
DISSENTING:
Respectfully, I believe the majority mis-perceives the argument in this case based on Shane v. Commonwealth, 243 S.W.8d 336 (Ky.2007). Appellee Lawson is not claiming that Shane requires reversal of his conviction on this collateral claim. Instead, he claims that his attorney’s negligence require... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283608/ | OPINION
COMBS, Judge:
Steve Jones appeals the February 21, 2013, judgment of the Boyd Circuit Court which held that he had failed, in part, to mitigate his damages in an action for recovery of unpaid rent and conversion. After our review, we affirm in part, reverse in part, and remand for entry of judgment consistent ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283609/ | OPINION
MOORE, Judge:
David Sangster appeals a judgment of the Jefferson Circuit Court dismissing his civil rights action against the above-captioned appellees (ie., the Kentucky Board of Medical Licensure and its members in their individual capacities). Upon review, we affirm.
FACTUAL AND PROCEDURAL HISTORY
On August... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283610/ | OPINION
MOORE, Judge:
The Kentucky Board of Chiropractic Examiners (“Board”) sought injunctive relief in Franklin Circuit Court against two physicians, Drs. Charles Barlow and Michael Best. The Franklin Circuit Court dismissed both actions, and the Board now appeals.
The overarching legal issue presented in this conso... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283611/ | ORDER
PER CURIAM.
Christy Buchanan appeals the trial court’s grant of summary judgment in favor of The Coca-Cola Company and Galen D. Bingham (collectively “Defendants”) on Buchanan’s petition alleging Defendants violated the Missouri Human Rights Act. No error of law appears.
An extended opinion would have no precede... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283612/ | ORDER
PER CURIAM.
Lonnie Snelling (Plaintiff) appeals the judgment of the Circuit Court of the City of Saint Louis denying his fifth motion to set aside the circuit court’s orders and *903judgment dismissing Plaintiff’s claim. On appeal, Plaintiff asserts that the circuit court erred by denying his motion to set aside ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/577953/ | 956 F.2d 1164
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.Roger R. WILKERSON, Plaintiff-Appellant,v.EATON CORPO... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/581523/ | 961 F.2d 1048
HUNTINGTON BRANCH, NATIONAL ASSOCIATION FOR the ADVANCEMENTOF COLORED PEOPLE; Housing Help, Inc.; MabelHarris; Perrepper Crutchfield; KennethL. Cofield, Plaintiffs-Appellees,v.TOWN OF HUNTINGTON, NEW YORK; United States Department ofHousing and Urban Development; Samuel R. Pierce; KennethC. Butterf... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5283616/ | Order
Per Curiam:
Mr. Allan L. Petty appeals the judgment of the Circuit Court of Boone County, Missouri, finding him guilty, following a jury trial, of statutory rape in the first degree. Because a published opinion would have no precedential value, we have instead provided a separate memorandum of law to the parties ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283617/ | Order
Per Curiam:
Rakeyia M. Young appeals the circuit court’s grant of summary judgment in favor of Respondent, Asset Acceptance, LLC, on its claims for Suit on Contract, Money Had and Received, and Account Stated. Though less than clear, it appears that Young is arguing that Asset Acceptance was not entitled to summa... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283618/ | ORDER
Per Curiam:
Mr. Lakeir Brown appeals the judgment denying a Rule 29.15 post-conviction motion. He alleges ineffective assistance of trial counsel.
For reasons stated in the memorandum provided to the parties, we affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283619/ | ORDER
PER CURIAM:
Appellant Eric Schaefer pled guilty to one count of domestic assault in the first degree in the Circuit Court of Jackson County, and was sentenced to a seven-year term of imprisonment. Schaefer filed a motion for post-conviction relief under Supreme Court Rule 24.035. The circuit court denied Schaefer... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283620/ | ORDER
PER CURIAM:
Jackson County, Missouri (“the County”) appeals from a judgment entered in favor of Isiah Pickett in a slip-and-fall, *926negligence action brought by Pickett against the County. After a thorough review of the record, we conclude that the judgment is supported by substantial evidence, is not against ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/584916/ | 966 F.2d 1452
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.Starlin T. HARGROVE, Petitioner-Appellant,v.Terry MOR... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5283621/ | ORDER
PER CURIAM:
Maurice L. Glenn pleaded guilty to charges of second-degree robbery, armed criminal action, felonious restraint, receiving stolen property, and resisting arrest, in addition to two probation violations. Following his guilty pleas, he filed a motion for post-conviction relief under Supreme Court Rule 2... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/584915/ | 966 F.2d 1452
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.Stacie Ben HUNT, Plaintiff-Appellant,v.FELD, Officer,... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/547337/ | 912 F.2d 1448
Carl L. BAKER, Petitioner,v.DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.
No. 89-3430.
United States Court of Appeals,Federal Circuit.
Aug. 31, 1990.
Louis J. Kozlakowski, Jr., Blum, Yumkas, Mailman, Gutman & Denick, P.A., of Baltimore, Md., argued for petitioner. With him on the brief was Edward... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/578232/ | 957 F.2d 178
60 USLW 2659, 15 Employee Benefits Cas. 1007
MDPHYSICIANS & ASSOCIATES, INC., Plaintiff-Appellant,v.STATE BOARD OF INSURANCE, A Body Politic of the State ofTexas, et al., Defendants-Appellees.
No. 91-1469.
United States Court of Appeals,Fifth Circuit.
April 1, 1992.
Richard C. Titus, Raleigh, N.C., for pl... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5283622/ | ORDER
PER CURIAM:
Following a jury trial, Demetrius Har-bour was convicted in the Circuit Court of Jackson County of second-degree murder. After this Court affirmed his conviction, Harbour filed a motion for post-conviction relief under Supreme Court Rule 29.15. The circuit court denied his motion following an evidenti... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285517/ | Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
01/07/2022 01:07 AM CST
- 376 -
Nebraska Supreme Court Advance Sheets
310 Nebraska Reports
... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283623/ | ORDER
Per curiam:
Rodney Ray Carpenter, appearing pro se, appeals from the motion court’s denial of his Rule 24.035 motion. Carpenter argues that the trial court erred in denying his motion for post-conviction relief. Carpenter also alleges that he was entitled to appointed counsel in connection with this appeal. Findi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283624/ | ORDER
Per Curiam:
M.A.H. appeals the circuit court’s judgment on a motion to modify child custody and support. We affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283625/ | GARY W. LYNCH, J.
Michael S. Williams (“Defendant”) appeals his conviction following a bench trial for two counts of statutory sodomy in the first degree, in violation of section 566.062,1 for which he was sentenced to concurrent ten-year terms. On appeal, Defendant presents two points that challenge the sufficiency of... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283626/ | KURT S. ODENWALD, Judge.
Introduction
Richard and Patricia Burton (“the Bur-tons”) appeal from the trial court’s judgment awarding attorney fees to Janice Klaus (“Klaus”). On appeal, the Burtons claim that the trial court’s judgment awarding attorney fees is invalid because the trial court lacked jurisdiction over th... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/584917/ | 966 F.2d 1452
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.Barbara Ann HINES, Plaintiff-Appellant,v.VANDERBILT U... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5283628/ | COHEN.
Introduction
Manuel Burgess (Movant) appeals the judgment of the Circuit Court of the City of St. Louis denying without an evidentia-ry hearing his Rule 24.035 motion for post-conviction relief. Movant contends the motion court clearly erred in denying his claim that his counsel provided ineffective assistance... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283629/ | ROBERT G. DOWD, JR., Judge.
John J. Smith (“Appellant”) appeals from the judgment dismissing with prejudice his petition for declaratory judgment, in which he sought to have the 2007 judgment dissolving his marriage to Lora J. Smith (“Respondent”) declared void. Respondent has filed a motion to dismiss the appeal, argu... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283630/ | ORDER
PER CURIAM.
Sanchez Torello (Movant) appeals from the circuit court’s judgment denying, after an evidentiary hearing, his Rule 29.15 motion for post-conviction relief.
We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a wri... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283631/ | ORDER
PER CURIAM.
Gene Rademacher appeals from the trial court’s judgment, following a bench trial before the Circuit Court of Gasconade *29County, ordering him to set aside the transfer of the family farm to himself and his new wife, Jean Rademacher, pursuant to Section 428.039.1; denying Appellant’s claims for injun... | 01-04-2023 | 01-07-2022 |
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