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https://www.courtlistener.com/api/rest/v3/opinions/5283632/
ORDER PER CURIAM. Alfred Weaver (“Claimaint”) appeals from the decision of the Missouri Labor and Industrial Relations Commission (“Commission”) that affirmed the denial of unemployment benefits by the Division of Employment Security’s Appeals Tribunal because Claimant was discharged from working for Midamerica Hotels...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283633/
I. INTRODUCTION ANGELA QUIGLESS, Judge. Missouri United School Insurance Counsel (“MUSIC”) appeals the judgment of the Circuit Court of Cape Girardeau County in favor of Drury Company (“Drury”) on its claims for breach of contract and vexatious refusal to pay pursuant to sections 375.296 and 375.420.1 Drury’s claims ar...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283634/
OPINION MARY K. HOFF, Presiding Judge. In this consolidated appeal, Vicki Armour-Mottaz (Claimant) appeals from the final decision of the Labor and Industrial Relations Commission (the Commission) affirming the decisions of the Appeals Tribunal, which affirmed the previous determinations by the Division of Employment ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283635/
MARY W. SHEFFIELD, J. This case involves an appeal from a judgment in an action to recover the balance due on a promissory note. After a foreclosure sale of certain commercial real estate (“the property”) in Greene County, Missouri, Bank of Missouri (“Bank”) sued the defendants-South Creek Properties, LLC (“South Creek...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283636/
SHERRI B. SULLIVAN, J. Introduction Gary L. Francis, Jr. (Appellant) appeals from the trial court’s judgment convicting him of possession of pseudoephedrine with intent to manufacture methamphetamine, Section 195.420.1 We reverse and remand. Factual and Procedural Background ‘ On June 4, 2011, Officer Shannon Sitto...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283639/
PER CURIAM We deny Gulf Chemical & Metallurgical Corporation’s petition for review. On remand the trial court should reconsider all spoliation issues in light of our recently issued opinion in Brookshire Brothers, Ltd. v. Aldridge, 438 S.W.3d 9 (Tex.2014).
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283640/
OPINION Johnson, J., delivered the opinion of the unanimous Court. A jury convicted appellant of two counts of aggravated robbery. The jury then assessed punishment at seventy-five years’ incarceration for each count. The trial *168court entered judgment accordingly. On appeal, the court of appeals overruled appellant...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283645/
OPINION COMBS, JUDGE: Mary Gray Collins1 appeals the order of the Knox Circuit Court which granted mo*423tion to dismiss filed by KCEOC Community Action Partnership, Inc. After our review, we affirm. The facts are undisputed. Collins was employed as a substitute teacher at Rosen-wald Child Development Center, a facili...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283647/
George W. Draper III, Judge, dissenting. I respectfully dissent from the principal opinion in that I believe the trial court did not err in granting summary judgment in favor of Kenneth Nelson (hereinafter, “Attorney”) and Sandra Nelson (hereinafter, “Nelson”). Following multiple years of discovery, Eric Williams (here...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283648/
ORDER Per Curiam: Robert Standley appeals the circuit court’s grant of summary judgment in favor of Norfolk Southern Railway Company. We affirm. Rule 84.16.
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283657/
ORDER PER, CURIAM The claimant, Sharissa Rockwell, appeals the decision of the Labor and Industrial Relations Commission disqualifying her from receiving unemployment-compensation benefits because the employer, Dierbergs Markets, Inc., discharged her for misconduct connected with her work. We affirm the Commission’s de...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5285619/
OPINION D. LAMBERT, JUDGE: Dr. David Feinberg, a psychologist to whom the Carter Circuit Court referred a divorced couple for a child custody evaluation, challenges the denial of his motion to dismiss a malpractice suit brought against him by Robin Keeton, the spouse who eventually lost custody of her two minor childr...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283649/
ORDER PER CURIAM. Arizona Hall, Jr. (“Appellant”) appeals from a judgment of the trial court, following a jury verdict finding him guilty of domestic assault in the third degree, in violation of Section 565.074, RSMo (2000). Appellant argues the trial court abused its discretion in allowing the State of Missouri (“Sta...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283650/
ORDER Per Curiam: Gevante Anderson appeals the circuit court’s denial of his Rule 29.15 motion for post-conviction relief after an evidentiary hearing. We affirm. Rule 84.16(b).
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283651/
DON E. BURRELL, J. Plaintiff Peppers Cemetery Foundation (“Foundation”) appeals the portion of a judgment of the probate division of the circuit court (“the trial court”) that ordered Foundation to pay $2,000 to Plaintiff Opal Massey (“Respondent”) for attorney fees she incurred (“the additional attorney fees”) in conn...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/584920/
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.Larry KNUCKLES, Petitioner-Appellant,v.Al C. PARKE, W...
01-04-2023
08-23-2011
https://www.courtlistener.com/api/rest/v3/opinions/5283652/
ORDER PER CURIAM. James Taylor (“Movant”) appeals from the judgment of the motion court denying his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. Movant argues the motion court clearly erred in denying his motion because his plea counsel was ineffective for: (1) failing to object to his ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283653/
ORDER PER CURIAM. The State of Missouri (“the State”) appeals from the trial court’s grant of John Alexander’s (“Respondent”) motion to suppress. The State argues the trial court erred in granting Respondent’s motion to suppress because: (1) Respondent never invoked his right to remain silent, and a reasonable police o...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/2660690/
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DEREK A. JONES, Plaintiff, v. Civil Action No. 12-1454 (JEB) DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY, Defendant. MEMO...
01-04-2023
04-03-2014
https://www.courtlistener.com/api/rest/v3/opinions/5283654/
ORDER PER CURIAM. Ricardo Culpepper (“Movant”) appeals from the judgment of the motion court denying his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. Movant argues the motion court clearly erred in denying his Rule 29.15 motion for post-conviction relief because his trial counsel was ine...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283655/
ORDER PER CURIAM. Arvon Brown (“Movant”) appeals from the judgment of the motion court denying his Rule 24.035 motion for post-conviction relief after an evidentiary hearing. Mov-ant argues the motion court clearly erred in denying his motion because his plea counsel was ineffective for failing to move for a change of ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/586350/
968 F.2d 592 27 Collier Bankr.Cas.2d 272, 23 Bankr.Ct.Dec. 185,Bankr. L. Rep. P 74,698 In re CONVENIENT FOOD MART NO. 144, INC., Debtor.CONVENIENT FOOD MART NO. 144, INC.; Robert F. Ristaneo,Plaintiffs-Appellants,v.CONVENIENT INDUSTRIES OF AMERICA, INC., Defendant-Appellee. No. 91-6201. United States Court of Appeals...
01-04-2023
08-23-2011
https://www.courtlistener.com/api/rest/v3/opinions/5283656/
ORDER PER CURIAM. Shante Wright appeals the judgment of the motion court denying his Rule 29.15 motion for post-conviction relief after an evidentiary, hearing. Wright argues that his trial counsel was ineffective for advising him to testify in his own defense. We find the motion court’s findings of fact and conclusion...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283673/
OPINION OF THE COURT BY CHIEF JUSTICE MINTON A circuit court jury convicted Joseph David Martin of fourteen counts of first-degree unlawful transaction with a minor,1 fourteen counts of incest, and a single count each of use of a minor in a sexual performance, complicity to tampering with a witness, and complicity to. ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283658/
ORDER PER CURIAM. Steven Barnett (Movant) appeals from the judgment of the Circuit Court of the City of St. Louis denying his Rule 29.15 motion for post-conviction relief. Movant claims that the motion court erred in denying, without an evidentiary hearing, his claims that his trial counsel was ineffective in: (1) fai...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283659/
ORDER PER CURIAM Paula M. Beam appeals from the judgment denying, after an evidentiary hearing, her Rule 29.15 motion for post-conviction relief from her conviction for the class D felony of leaving the scene of a motor vehicle accident involving property damage in excess of one thousand dollars.1 We have reviewed the ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283660/
ORDER PER CURIAM Theodius Richmond (“Appellant”) appeals from the trial court’s judgment, following a bench trial, convicting him of one count of possession of oxycodone and one count of possession of marijuana. Appellant was sentenced to six months of incarceration in the Medium Security Institution. We have reviewed...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283661/
ORDER Per Curiam: Mr. Willie James Luckett, Jr. appeals the dismissal of the petition for declaratory judgment. 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/5283662/
ORDER PER CURIAM: Appellant Robert Seal appeals from his conviction of one count of burglary in the second degree, § 569.170, and one count of stealing a firearm, § 570.030. Appellant contends that the trial court erred by denying his request for a. mistrial and by improperly sentencing him based upon his decision to ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283664/
JUSTICE GUZMAN delivered the opinion of the Court. This is an insurance coverage dispute concerning an oil well that blew out and caught fire. The parties have previously appealed on three separate occasions to the court of appeals, and this is the first time we have granted review. Though the parties raise a number of...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283665/
PER CURIAM In holding that petitioner waived arbitration by substantially invoking the judicial process, the court of appeals, 453 S.W.3d443 (Tex.App.-Fort Worth 2013), misapplied our decision in Perry Homes v. Cull, 258 S.W.3d 580 (Tex. 2008). Accordingly, we reverse the court of appeals’ judgment and remand the case ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283666/
Newell, J ., filed a concurring opinion in which Johnson, J., joined. I agree with this Court’s decision not to grant discretionary review of the unpublished opinion in this case. I write separately because I believe the court of appeals properly answered the question before it and because I do not believe this is the ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283667/
Keller, P.J., filed a dissenting opinion in which Hervey, J., joined. This case involves a traffic stop for failure to signal a turn at a “Y” intersection. The two branches of the “Y” are Vinson Road and County Line Road; the base of the “Y” is FM544. Appellant, traveling on Vinson, failed to signal a turn when he reac...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283668/
OPINION MARGARET GARNER MIRABAL, Senior Justice (Assigned). Appellants, Patrick O’Brien Murphy a/k/a O’Brien Murphy and Beverly Murphy, appeal from the trial court’s Final Judgment and Order Granting Defendants’ Motion for Summary Judgment. We affirm in part and reverse and remand in part. Factual and Procedural Backgr...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283669/
KEM THOMPSON FROST, Justice, dissenting. Today the court must decide whether article XVI, section 50(a)(6) of the Texas Constitution prohibits a trial court from awarding attorney’s fees to a lender under the Texas Declaratory Judgments Act when the lender obtains declaratory relief regarding a nonrecourse home-equity ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283670/
OPINION OF THE COURT BY JUSTICE NOBLE Michael D. St. Clair was convicted of capital kidnapping and other crimes, and was sentenced to death. In this matter-of-right appeal, conducted concurrently with this Court’s mandatory review of the death sentence, he raises 35 claims of error. This Court ultimately concludes that...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/584923/
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.Randy LADANYI, Plaintiff-Appellant,v.SECRETARY OF HEA...
01-04-2023
08-23-2011
https://www.courtlistener.com/api/rest/v3/opinions/5283671/
OPINION OF THE COURT BY CHIEF JUSTICE MINTON A circuit court jury convicted Cole Douglas Ross of murder and first-degree arson for killing Keith Colston and burning down the trailer where he lived. The jury recommended a life sentence for each conviction to be served concurrently. The trial court accepted that recommen...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283672/
OPINION OF THE COURT BY JUSTICE ABRAMSON Under Section 115 of the Kentucky Constitution and Kentucky Rule of Civil Procedure (CR) 76.37(10), the Commonwealth, by and through the Jefferson County Attorney, moved this Court to certify the law on the following question: In light of this Court’s decision in Commonwealth v....
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283678/
ORDER PER CURIAM. Cleo Hines (“Movant”) appeals from the judgment of the motion court denying his Rule 24.035 motion for post-conviction relief after an evidentiary hearing. Movant argues the motion court erred in denying his Rule 24.035 motion for post-conviction relief after an evidentiary hearing because the State u...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283679/
ORDER PER CURIAM. Appellant The Laclede Gas Company (Laclede) appeals the trial court’s judgment following a jury verdict in favor of Respondent Thomas White (White), which awarded White $3,670,000 in actual and punitive damages on White’s claim of wrongful termination. We have reviewed the briefs of the parties and t...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283680/
ORDER PER CURIAM. Richard Williams appeals from the judgments entered after a jury trial on the following convictions: two counts of statutory sodomy in the first degree, one count of child molestation in the first degree, one count of sexual misconduct with a person under age fifteen and one count of endangering the w...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283681/
ORDER PER CURIAM. J.A.K. appeals the judgment of the trial court denying his motion to modify his obligation to pay maintenance to K.L.K. (“Respondent”) and awarding Respondent attorney’s fees. We find no error' has occurred. No jurisprudential purpose would be served by a written opinion. We have, however, provided t...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/578140/
956 F.2d 1173 NOTICE: Federal Circuit Local Rule 47.8(b) states that opinions and orders which are designated as not citable as precedent shall not be employed or cited as precedent. This does not preclude assertion of issues of claim preclusion, issue preclusion, judicial estoppel, law of the case or the like based o...
01-04-2023
08-23-2011
https://www.courtlistener.com/api/rest/v3/opinions/5283682/
ORDER PER CURIAM: A deputy in the Division of Employment Security of the Department of Labor and Industrial Relations determined that Appellant Joan Nelson was ineligible for unemployment compensation benefits. She appealed to the Division’s Appeals Tribunal. The Appeals Tribunal scheduled a telephone hearing, but Nels...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283683/
Gary M. Gaertner, Jr., Judge Introduction R.R.E. (Mother) appeals from the judgment of the trial court in this paternity and child custody case. She argues the trial court erred in failing to make findings of fact as required under Section 452.375.6 RSMo. (Cum.Supp. 2005),1 and the parenting plan and name change were...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283684/
ORDER PER CURIAM: Appellant Brand Scaffold Rental and Erection, Inc., n/k/a Brand Energy Services, LLC, appeals from the Circuit Court of Cole County’s grant of summary judgment in favor of Respondent Missouri Property and Casualty Insurance Guaranty Association (“MIGA”). Appellant contends that the trial court erred ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283686/
Nancy Steffen Rahmeyer, J. The plaintiff and defendant in this action are brother and sister and are beneficia-*82ríes of trusts prepared by their father. Carolyn C. Klein brought a Second Amended Petition against her brother, Steven M. Clinton, for breach of fiduciary duty (Count I), requesting an “application for wri...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5284178/
ORDER Per Curiam: Mr. Robert A. Rother appeals from a judgment denying his post-conviction relief motion under Rule 24.035 without an evi-dentiary hearing. *911For 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/5283687/
ORDER PER CURIAM. Magdalena Vargo (Plaintiff) appeals the trial court judgment in favor of the City of St. Louis (City) on her claim that the City discriminated against her on' the basis of her age in violation of the Missouri Human Rights Act when it terminated her employment. Plaintiff asserts that the trial court e...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283688/
ORDER PER CURIAM: Damon Williams appeals the judgment of the trial court denying his Rule 29.15 motion for post-conviction relief after an evidentiary hearing. Williams sought to vacate his convictions for first-degree murder, section 565.020,1 first-degree robbery, section 569.020, and armed criminal action, section ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283689/
*106 ORDER PER CURIAM: Richard Edwards Jr. appeals his conviction and twelve-year sentence for class A felony financial exploitation of the elderly, section 570.145, RSMo Cum. Supp. 2013. He raises three points on appeal regarding ineffective assistance of counsel and closing argument. Because a published opinion woul...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283690/
Order Per Curiam: Mr. Wayne Childers appeals the judgment of the Circuit Court of Pettis County, Missouri, denying his motion to modify or terminate maintenance. Finding no error, we affirm. Because a published opinion .would serve no jurisprudential purpose, the parties have separately been provided a legal memorandum...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283691/
ORDER Per Curiam: Elijah Pickett appeals the circuit court’s judgment convicting him of murder in the *107second degree, attempted robbery, burglary in the first degree, and three counts of armed criminal action following a jury trial. We affirm. Rule 30.25(b).
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283693/
OPINION YVONNE T. RODRIGUEZ, Justice In this groundwater pollution case, Appellant land owners seek reversal of a take-nothing summary judgment granted in favor of ExxonMobil Corporation (“Exx-onMobil”) on claims for injunctive relief against purportedly imminent and irreparable hydrocarbon contamination of subsurface...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283695/
REX D. DAVIS, Justice, dissenting in No. 10-14-00102-CV. In a memorandum opinion, we dismissed the appeal of Appellant, a pro se state-prison inmate, because he failed to comply with Chapter 14 by not filing an affidavit or declaration “relating to previous filings” or a certified copy of his inmate account statement. ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283697/
ORDER PER CURIAM: After deliberation, a jury convicted Moreno Salinas of one count of first-degree murder. Salinas now appeals, alleging five points of error. Salinas argues the admission of evidence regarding Department of Social Services records through the testimony of witness Cathy Stevson violated section 454.440...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283699/
ORDER Per curiam: Daniel Kilgore was charged with three counts of the class B felony of child molestation in the first degree pursuant to section 566.067.1. Kilgore pled guilty to two counts of child molestation and the State dismissed the third count. The circuit court sentenced Kilgore to twelve years on each count, ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5285509/
Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 01/07/2022 01:06 AM CST - 496 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283700/
*506 ORDER PER CURIAM. Mark Starkey appeals the motion court’s judgment denying his motion for post-conviction relief after an evidentiary hearing. We have reviewed the briefs of the parties and the record on appeal, and no error of law appears. An extended opinion would have no precedential value. The parties have be...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283704/
ORDER PER CURIAM. David Richard, as plaintiff ad litem for decedent Joyce Richard, appeals the trial court’s grant of summary judgment to Bi-State Development (Bi-State) and Valtrance Kendrick1 (collectively, Defendants) on his claims of negligence. Mr. Richard contends that the trial court erred in granting summary j...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283705/
ORDER PER CURIAM. Angela Davitiani appeals the judgment denying her Rule 24.035 motion for post-conviction relief without an evidentiary hearing. We find that the motion court’s findings of fact and conclusions of law are not clearly erroneous. No jurisprudential purpose would be served by a written opinion. We have, ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283706/
ORDER PER CURIAM. Jacqueline T. Pittman appeals from the trial court’s judgment upholding the administrative revocation of her driving privileges for refusing to submit to a chemical analysis of her breath under Missouri’s Implied Consent Law, Section 577.020 RSMo 2006. We have reviewed the briefs of the parties and t...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5285620/
OPINION STUMBO,'.JUDGE: Appellant, Farhad Hashemian, appeals from an order of the Jefferson Circuit Court which granted summary judgment in favor of Appellees. We find no error and affirm. Appellant was employed by the Louisville Regional Airport Authority (LRAA) until he was terminated in 2009. On December 10,' 2009,...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283707/
ORDER PER CURIAM. Efrain Guzman appeals from the judgment entered on his convictions after a jury trial for two counts of statutory sodomy in the first degree, two counts of assault in the third degree and one count of child molestation in the second degree. There was sufficient evidence to support these convictions an...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283708/
Justice Brown delivered the opinion of the Court. For more than forty years evidence of a plaintiffs failure to use a seat belt has been inadmissible in car-accident cases. That rule, which this Court first announced in 1974, offered plaintiffs safe harbor from the harshness of an all-or-nothing scheme that barred reco...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283709/
OPINION Per Curiam. Appellant was stopped for a traffic violation and was ultimately arrested for driving while intoxicated. The arresting officer determined that appellant had two prior DWI convictions, and transported him to a hospital where a warrantless blood draw was taken pursuant to Texas Transportation Code se...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283710/
OPINION Evelyn V. Keyes, Justice This is an appeal from the trial court’s order granting summary judgment in favor of Shell Offshore, Inc., Shell Oil Company, Shell Exploration & Production Company, and Faye Schubert (collectively, “Shell”) on Velocity Databank, Inc. and *607Tom Pelatari d/b/a Velocity Databank, Inc.’s...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283711/
OPINION YVONNE T. RODRIGUEZ, Justice This is a restricted appeal from a no-answer default judgment. Appellee, Ches*630apeake 34771 Land Trust (hereinafter, “the Trust”), sued Appellant, the Bank of New York f/k/a The Bank of New York as Trustee for the Certificateholders of The CWABS, Inc. Asset Backed Certificates, S...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283712/
OPINION David Puryear, Justice The City elected to take property belonging to the Whittingtons. As part of the process, the City paid a deposit into the registry of the trial court, and the deposit was later placed in an investment account with the permission of the parties. After the supreme court determined that the...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283713/
OPINION OF THE COURT BY JUSTICE KELLER An Administrative Law Judge (ALJ) denied Mosen Khani’s (Dr. Khani) claim for workers’ compensation benefits. The Workers’ Compensation Board (the Board) affirmed the ALJ, and the Court of Appeals affirmed the Board. On appeal to us, Dr. Khani argues the ALJ erred: (1) when he stat...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283714/
OPINION OF THE COURT BY JUSTICE ABRAMSON Kentucky Farm Bureau Mutual Insurance Company seeks discretionary review of a dismissal of its appeal of a Knott Circuit Court order declaring that a homeowner’s insurance policy provided cover*816age for claims arising from a murder that took place in the insured’s home. The Co...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283716/
ORDER PER CURIAM. True Manufacturing Company, Inc. appeals the decision of the Labor and Industrial Relations Commission (“the Commission”) awarding Timothy Mefford unemployment benefits. We find no error has occurred. No jurisprudential purpose would be served by a written opinion. We have, however, provided the part...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283719/
ORDER PER CURIAM. Fred Silver appeals from the trial court’s judgment entered upon a jury verdict convicting him of attempted forcible sodomy, ■ kidnapping, and second-degree child molestation. We have reviewed the briefs of the parties and the record on appeal and conclude the State presented sufficient evidence to s...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283720/
ORDER PER CURIAM Thurman M. Blyzes appeals the judgment of the Circuit Court of Cape Girar-deau County dissolving his marriage to Margaret E. Blyzes. We affirm the trial court’s judgment. No error of law appears. An extended opinion would have no precedential value. The parties have been furnished with a memorandum fo...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283721/
ORDER PER CURIAM. Arnold Taylor appeals from the judgment of the motion court denying his Rule 29.151 motion for post-conviction relief after an evidentiary hearing. We have reviewed the briefs of the parties and the record on appeal and conclude that the motion court’s findings of fact and conclusions of law are not ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/2880161/
i i i i i i OPINION Nos. 04-08-00587-CV, 04-08-00857-CV Sonia VALVERDE, ...
01-04-2023
09-07-2015
https://www.courtlistener.com/api/rest/v3/opinions/5285675/
OPINION Martha Hill Jamison, Justice Appellant Anthony D. Alford appeals his conviction for sexuah assault of a child. See Tex. Penal Code § 22.011(a)(2)(A). A jury found him guilty, and the trial court assessed punishment at sixty years’ imprisonment. Appellant filed a timely notice of appeal, challenging the trial co...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283724/
Order PER CURIAM. Daniel Austin appeals from a sentence and judgment of conviction for kidnapping, aggravated stalking, and third-degree domestic assault. We have reviewed the briefs of the parties and the record on appeal and conclude that no reversible error occurred. An extended opinion would have no jurisprudentia...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283725/
ORDER PER CURIAM Rodney Wright (Movant) appeals the motion court’s denial of his Rule 24.035 amended motion for post-conviction relief without an evidentiary hearing. Movant contends that the motion court erred by denying his motion without an evidentiary hearing because his plea counsel rendered ineffective assistance...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283727/
Philip M. Hess, Judge ORDER The Opinion issued on June 24, 2014 is hereby withdrawn. SO ORDERED. Introduction Shannon Brown (Plaintiff), as successor personal representative for the estate of Daniel Kruse and personal representative for the estate of Sharon Kruse, appeals the circuit court’s order granting summary ju...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283728/
ORDER Per Curiam: Mr. Brandon R. Smith appeals the judgment denying a Rule 29.15 post-convictión motion. Mr. Smith claims that trial counsel was ineffective for failing to call mitigation witnesses at the sentencing hearing and for failing to give advice to accept the State’s plea offer. For reasons stated in the memor...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283729/
ORDER Per curiam: Tyler Messer (“Messer”) pled guilty to one count of forcible rape and is currently in the custody of the Missouri Department of Corrections serving a twenty-year sentence. He seeks post-conviction relief under Rule 24.035 by alleging that he re*886ceived ineffective assistance of counsel. The motion c...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283731/
Per curiam: Samuel D. Martin’s inmate account is currently subject to the Missouri Incarceration Reimbursement Act. He seeks to set aside the original judgment as void under Rule 74.06(b)(4). The trial court held that jurisdiction was proper in the original judgment and that adequate due process was afforded. Martin br...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283732/
ORDER PER CURIAM: Ida Lavalais appeals the decision of the Labor and Industrial Relations Commission affirming the Division of Employment Security Appeals Tribunal’s decision to deny her unemployment benefits. In two points on appeal, Ms. Lavalais claims that the Commission erred in denying her unemployment benefits. ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/592122/
976 F.2d 1088 36 Fed. R. Serv. 1231 UNITED STATES of America, Plaintiff-Appellee,v.Fadi B. HADDAD, Defendant-Appellant. No. 91-3194. United States Court of Appeals,Seventh Circuit. Argued May 27, 1992.Decided Oct. 2, 1992. Chris R. Larsen, Steven M. Biskupic (argued), Asst. U.S. Attys., Office of U.S. Atty., Milwaukee...
01-04-2023
08-23-2011
https://www.courtlistener.com/api/rest/v3/opinions/2299369/
37 A.3d 1227 (2011) COM. v. RUTLING. No. 770 EDA 2010. Superior Court of Pennsylvania. October 11, 2011. Affirmed.
01-04-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5283733/
ORDER PER CURIAM: Jennifer Lucas appeals the decision of the Labor and Industrial Relations Commission affirming the Division of Employment Security Appeals Tribunal’s decision to deny her unemployment benefits. In her sole point on appeal, Ms. Lucas claims that the Commission erred in denying her unemployment benefit...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283734/
JEFFREY W. BATES, J. This appeal arises from an adjudication by the Labor and Industrial Relations Commission (Commission) of a dispute concerning a § 287.150.3 subrogation claim.1 Under the very unusual circumstances presented by this case, the Commission exceeded its powers by deciding that controversy in this admini...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283735/
OPINION Jeffrey S. Bivins, J., delivered the opinion of the Court, in which Sharon G. Lee, C.J., and Cornelia A. Clark, Gary R. Wade, and Holly Kirby, JJ., joined. We granted review in this case to determine whether the mandatory minimum service requirement of Tennessee Code Annotated section 39-17-432(c) (2010) (the “...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283736/
Justice Guzman delivered the opinion of the Court This oil and gas dispute involves a challenge to the validity of a mineral lease and requires that we once again examine the contours of the duty the executive-right holder (executive) owes to a non-participating royalty interest holder (non-executive). Here, the non-ex...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283737/
WAYMOND M. BROWN, Judge | TThis is appellant’s interlocutory appeal from the circuit court’s denial of his separate motions to transfer case numbers 60CR-13-780, 60CR-13-1184, and 60CR-13-1799 to the juvenile division of circuit court. On appeal, appellant argues that the circuit court erred in denying his motions wher...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283738/
OPINION J. LAMBERT, JUDGE: This appeal1 arises from an order of the Daviess Circuit Court ruling on a motion to enforce a certificate and order from a Georgia state court regarding electronic discovery pursuant to Kentucky’s Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal P...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283740/
ORDER PER CURIAM: Appellant Charles Harter entered into a cold weather payment agreement with his electric utility provider, Respondent Union Electric Company d/b/a Ameren Missouri. Harter subsequently defaulted on the payment agreement. Ameren notified Harter that it intended to disconnect his service. Harter requeste...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283741/
*372ORDER Per Curiam: Mr. Michael Shipley appeals the circuit court’s judgment confirming the registration of a foreign support order from the State of Kansas. 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/5283742/
ORDER PER CURIAM Joe Scott (Plaintiff) appeals the Circuit Court of St. Louis County’s order and final judgment dismissing, with prejudice, his claims against AXA Equitable Life Insurance Company (Defendant). On appeal, Plaintiff asserts that the circuit court erred by granting Defendant’s motion to dismiss for failure...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283743/
ORDER PER CURIAM. Arvel Long appeals the motion court’s judgment denying his motion for post-conviction relief without an evidentiary hearing. We have reviewed the briefs of the parties and the record on appeal, and no error of law appears. An extended opinion would have no precedential value. The parties have been pr...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283744/
ORDER PER CURIAM. Tatizes Cotton appeals from the judgment of the motion court denying his Rule 24.035 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 court’s findings and conclusions are not clearly erroneo...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283770/
Case: 20-60222 Document: 00516157272 Page: 1 Date Filed: 01/06/2022 United States Court of Appeals United States Court of Appeals Fifth Circuit ...
01-04-2023
01-07-2022
https://www.courtlistener.com/api/rest/v3/opinions/5283746/
ORDER PER CURIAM T.A.D. appeals the juvenile court’s judgment terminating her parental rights to minor child E.H., upon the petition filed by the Juvenile Officer of Jefferson County. We have reviewed the briefs and the record on appeal. The judgment is supported by substantial evidence and is not against the weight of...
01-04-2023
01-07-2022