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https://www.courtlistener.com/api/rest/v3/opinions/5283747/ | ORDER
PER CURIAM
Loretta Scott (Plaintiff) appeals the Circuit Court of St. Louis County’s order and final judgment dismissing, with prejudice, her claims against Hartford Life and Annuity Insurance Company (Defendant). On appeal, Plaintiff asserts that the circuit court erred by granting Defendant’s motion to dismiss ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283748/ | ORDER
PER CURIAM
William Huntley (Movant) appeals from the motion court’s “Conclusions of Law and Order” denying Movant’s Rule 29.15 motion for post-conviction relief and request for evidentiary hearing. We affirm.
We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283749/ | ORDER
PER CURIAM.
Family Center of Farmington, Inc. (“Employer”) appeals from the decision of the Labor and Industrial Relations Com*389mission (“the Commission”) granting Constance Basler’s (“Employee”) petition for unemployment benefits. Employer argues the Commission erred in awarding unemployment benefits to Employ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/3092367/ | IN THE
TENTH COURT OF APPEALS
No. 10-10-00272-CV
STACY ROSS,
Appellant
v.
CYNTHIA AND VINCENT HENDRIX,
... | 01-04-2023 | 10-16-2015 |
https://www.courtlistener.com/api/rest/v3/opinions/5283750/ | OPINION
CLIFFORD H. AHRENS, Judge
J.S. (Mother) appeals the trial court’s judgment denying her motion to modify physical and legal custody of the son she shares with R.S. (Father). We affirm in part and reverse and remand in part.
Background
Mother and Father married in 1999, had a son (Son) in 2002, separated in 2006,... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283751/ | ORDER
PER CURIAM.
Moses Biggs appeals from the motion court’s Findings of Fact, Conclusions of Law and Judgment denying, without an evidentiary hearing, his amended Motion to Vacate, Set Aside or Correct Judgment and Sentence filed pursuant to Rule 24.035.1 We have reviewed the briefs of the parties and the record on ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283772/ | Case: 20-11199 Document: 00516156663 Page: 1 Date Filed: 01/06/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth C... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/577962/ | 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.UNITED STATES, Plaintiff-Appellee,v.Ulysses Simpson B... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5283752/ | ORDER
PER CURIAM.
Cordell Bass appeals from the judgment of the motion court denying his Rule 29.151 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 erroneous. ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283754/ | ORDER
PER CURIAM:
Blanche L. Johnson appeals from the Circuit Court of Jackson County’s denial of her Rule 29.15 motion for post-conviction relief following 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 ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283755/ | *396ORDER
Per curiam:
Justin Witt appeals the motion court’s denial of his Rule 29.15 motion. Witt argues on appeal that the motion court clearly erred in denying his motion because he established that trial counsel provided ineffective assistance of counsel by failing to object to the alleged hearsay statements of a w... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283756/ | Order
Per Curiam
Brenda Mays appeals from the default judgment and award of costs and attorney’s fees entered against her on her petition for damages against Tuscany Bistro, LLC, d/b/a Cafe at Briarcliff Village (“the Cafe”); its management company, Key Companies & Associates, L.L.C., d/b/a/ Key Company & Associates, L... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283757/ | Order
Per Curiam:
Appellant David Burke appeals his conviction for first-degree tampering with a motor vehicle, a class C felony under section 569.080.1(2), RSMo 2000. Burke’s claims of. error are not preserved because he failed to object when the challenged evidence was introduced at trial. Nevertheless, Burke contend... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283765/ | Case: 20-40569 Document: 00516156967 Page: 1 Date Filed: 01/06/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Cir... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283766/ | Case: 21-50653 Document: 00516156774 Page: 1 Date Filed: 01/06/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283767/ | Case: 19-41018 Document: 00516156620 Page: 1 Date Filed: 01/06/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Cir... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283759/ | ORDER
Per Curiam:
Mr. Damon Simpson appeals the motion court’s judgment denying a Rule 29.15 post-conviction motion. He claims that trial counsel was ineffective for failing to permit him to testify at trial.
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/5283761/ | OPINION
ANN CRAWFORD McCLURE, Chief Justice.
Pecos County, the City of Fort Stockton, Pecos County Water Control and Improvement District No. 1, Middle Pecos Groundwater Conservation District and its Directors, and Brewster County Groundwater Conservation District (collectively referred to as Appellants) have brought ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283762/ | OPINION'
ANN CRAWFORD McCLURE, Chief Justice.
In this accelerated interlocutory appeal, we must balance a couple’s right to home school their children against the rights of a school district to investigate the curriculum utilized. Michael and Laura McIntyre, individually and on behalf of five of their minor children, f... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283763/ | OPINION
BRIAN HOYLE, Justice
This is an appeal of a dispute involving ad valorem taxation of certain equipment used to facilitate the production and processing of natural gas. Faced with dueling motions for summary judgment, the trial court granted each motion in part, holding that the taxable situs of the equipment a... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283768/ | Case: 20-60449 Document: 00516156835 Page: 1 Date Filed: 01/06/2022
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285676/ | M. MICHAEL KINARD, Judge | Appellants Tiffany Wafford and Freddie Miles appeal the termination of their parental rights to their three children, DJM, DM, and TM. They have filed separate briefs on appeal challenging the trial court’s findings that termination was in the children’s best interest and that statutory groun... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283779/ | ORDER
PER CURIAM.
Steven Haywood appeals from the judgment entered on his convictions after a *765jury trial for three counts of first degree assault on a law enforcement officer, three counts of armed criminal action, one count of sale of a controlled substance, one count of receiving stolen property, one count of res... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283781/ | ORDER
PER CURIAM.
Pamela Davis (Appellant) appeals from the trial court’s judgment entered upon a jury verdict finding in favor of Barnes-Jewish St. Peters and Dr. John Hartweger on Appellant’s wrongful death suit. We have reviewed the briefs of the parties and the record on appeal and conclude the trial court committ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283782/ | LAWRENCE E. MOONEY, JUDGE
The defendant, Demetrius A. Brown, appeals the judgment and sentence entered by the Circuit Court of St. Charles County following his conviction by a jury of two counts of second-degree burglary, in viola*776tion of section 569.170 RSMo. (2000), and two counts of class-C felony stealing, in vi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283784/ | ORDER
PER CURIAM
Laron Crenshaw (“Defendant”) appeals from a trial court’s judgment, following a jury verdict, finding him guilty of two counts of first-degree assault of a law enforcement officer, in violation of Section 565.081.1, RSMo (2000); three counts of armed criminal action, in violation of Section 571.015; t... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283785/ | Gary M. Gaertner, Jr., Judge.
Introduction
Montez Ballard (Defendant) appeals his convictions of two counts of possession of a controlled substance with intent to distribute, one count of possession of drug paraphernalia, and one count of property damage. Defendant argues that the trial court ■erred in denying his mo... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283789/ | ORDER
PER CURIAM.
M.H. (“Mother”) appeals the juvenile court’s judgment terminating her parental rights to her two minor children, B.J.M. and J.R.M.
We have reviewed the briefs and the record on appeal. The judgment is supported by substantial evidence and is not against the weight of the evidence. An opinion reciting ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283790/ | ORDER
PER CURIAM
Quincy Threats appeals the judgment of the Circuit Court of St. Louis County denying his Rule 24.035 motion for post-conviction relief. We affirm the motion court’s judgment.
*858No error of law appears. An extended opinion would have no precedential value. The parties have been furnished with a memor... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283791/ | GARY W. LYNCH, J.
Butterball, L.L.C., and its insurer, Ace American Insurance Company (collectively “Employer”), appeal the award of permanent total disability benefits to Eleazar Gonzales for an injury to his right hand on August 7, 2009. In a single point relied on, Employer claims the Labor and Industrial Relations ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283792/ | ORDER
Per curiam:
William Boling was found guilty of one count of the Class B felony of possession of a controlled substance with intent to distribute. § 195.211. Boling challenges on appeal the trial court’s denial of his motion to suppress the approximately thirty pounds of marijuana discovered in his vehicle. We aff... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283793/ | ORDER
Per curiam:
Lance Butler appeals from the trial court’s judgment convicting him of one count of robbery in the first degree and one count of armed criminal action. Butler argues on appeal that the trial court committed plain error in allowing the State to enter a firearm into evidence and in failing to reject the... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/579452/ | 958 F.2d 1285
UNITED STATES of America, Plaintiff-Appellant,v.Luz Estella SALAZAR, Defendant-Appellee.UNITED STATES of America, Plaintiff-Appellee,v.Jose Manuel RAMOS, Defendant-Appellant.
Nos. 91-2261, 91-2382.
United States Court of Appeals,Fifth Circuit.
April 10, 1992.
Kathlyn G. Snyder, Paula C. Offenhauser, Bert... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5283796/ | Justice Guzman
delivered the opinion of the Court.
The dispute in this case arises in the context of a unique statutory scheme that confers expansive administrative authority and broadly prohibits judicial review. At issue is whether Houston Municipal Employees Pension System (HMEPS) board members violated HMEPS’s enab... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283798/ | OPINION
ANN CRAWFORD McCLURE, Chief Justice.
D.W.H. appeals from a judgment denying his petition for expunction. For the ■ reasons that follow, we affirm.
FACTUAL SUMMARY
D.W.H. and the Tarrant County Criminal District Attorney’s Office submitted an agreed statement of facts to the trial court pursuant to Rule 263 of ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283799/ | YVONNE T. RODRIGUEZ, Justice,
dissenting.
I respectfully dissent because D.W.H.’s arrest of the possession of the unregistered firearm did not directly arise from his arrest of an improper relationship between educator and student. The facts demonstrate D.W.H.’s arrests were not part of the same transaction, and I beli... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283800/ | OPINION OF THE COURT BY
CHIEF JUSTICE MINTON
Süd-Chemie discharged Joseph E. To-ler, a veteran managerial employee, after coworkers reported he made racist comments in the workplace. Toler then sued Süd-Chemie and the coworkers for defamation. After Toler presented his evidence at trial, the trial court directed a verd... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283801/ | OPINION OF THE COURT BY
JUSTICE CUNNINGHAM
B. Todd Crutcher, individually, and as trustee of the B. Todd Crutcher Living Trust, and his brother, James Donald Crutcher (collectively “the Crutchers”), own and possess 36 acres of unimproved land in Franklin County. The Crutchers’ property borders a 500-acre tract of land ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283802/ | VENTERS, J.,
DISSENTING:
I respectfully dissent. Notwithstanding the fine research and analysis contained in the majority opinion, I would not abandon the traditional distinction reserved for limestone and other ubiquitous rock underlying vast regions of Kentucky. | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283803/ | ORDER
Per Curiam:
Jerry Watson appeals the circuit court’s judgment granting summary judgment in favor of Claycorp, Inc., Concrete Strategies, LLC, and John Liss. We affirm. Rule 84.16. | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283804/ | ORDER
PER CURIAM:
George Kniest appeals from the Circuit Court of Boone County’s dismissal of his Rule 24.035 motion for post-conviction relief. 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. No jurispru... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283805/ | ORDER
Per Curiam:
The Office of Public Counsel and Missouri Industrial Energy Consumers appeal the decision of the Public Service Commission to issue an Accounting Authority Order to the Union Electric Company D/B/A Ameren Missouri (Ameren) for unexpected lost revenue. We affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283807/ | ORDER
Per Curiam:
Lee Collis appeals the judgment entered by the circuit court following a bench trial convicting him of the class A misdemeanor of animal abuse. We affirm. Rule 30.25(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283850/ | *461Order
Per Curiam
Harry Campbell appeals his conviction for first degree robbery, following a bench trial. After a thorough review of the briefs and the record, we find no error and affirm the judgment of conviction. A formal published opinion would serve no jurisprudential purpose, however, a memorandum explaining ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283808/ | ORDER
PER CURIAM
Kathleen Turner appeals from the trial court’s grant of summary judgment in favor of Coverall Restoration in this breach-of-contract case. An opinion would have no precedential value. We have furnished the parties with a memorandum, for their information only, explaining the reasons for our decision. ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2291729/ | 338 S.W.3d 709 (2011)
Cathy ANDERSON, Appellant,
v.
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO; American Federation of Government Employees, AFL-CIO, District 10; American Federation of Government Employees, AFL-CIO, Council 215; American Federation of Government Employees, AFL-CIO, Local 3506, Appellees.
No.... | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5283810/ | ORDER
PER CURIAM
Piotr Chorazy (Defendant) appeals the denial of his Rule 29.07(d) motion to set aside his guilty plea following his. convic*453tions for possession of a controlled substance and driving with a suspended license. Defendant claims that his guilty plea was involuntary because his attorney (1) failed to pr... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283812/ | ORDER
PER CURIAM.
Timothy Jones appeals from a sentence and judgment of acceding to corruption, in violation of Section 576.020, RSMo. (2000). 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 jurisprudential purpose. W... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283813/ | ORDER
PER CURIAM
Nancy Darrow (Movant) appeals the motion court’s judgment denying, without an evidentiary hearing, her motion for post-conviction relief under Rule 24.085. "
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 wr... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283814/ | ORDER
PER CURIAM
Kerry Hogan (“Movant”) appeals from the judgment of the motion court denying his request for post-conviction relief pursuant to Rule 29.15 after an evidentiary hearing.
We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be ser... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283815/ | ORDER
PER CURIAM.
Michael Dare appeals the motion court’s denial of his Rule 29.15 motion for postcon-viction relief. An opinion would have no precedential value. We have furnished the parties with a memorandum, for their information only, setting forth the reasons for this order. The motion court’s findings of fact a... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283818/ | DISSENTING STATEMENT
Alcala, J.,
filed a dissenting statement.
The legislature recently enacted three statutes addressing the inherently ques*539tionable nature of inmate testimony, the prejudicial impact of junk science, and the problems that occur when the state does not fully participate in discovery with the defen... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283819/ | OPINION
Scott K. Field, Justice
The Texas Medical Association (TMA) sued the Texas State Board of Examiners of Marriage and Family Therapists (the Therapist Board), its executive director, its presiding officer, and the Texas Association for Marriage and Family Therapy (collectively, the Therapist Defendants) seeking ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283820/ | J. Woodfin Jones, Chief Justice,
concurring and dissenting.
I respectfully dissent from the portion of the majority’s opinion that affirms the trial court’s declaration that rule 801.42(13) is void.
TMA makes too much of the use of the term “diagnose” in the MFT Board’s rules, virtually turning this case into a game of... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283821/ | OPINION
ANN CRAWFORD McCLURE, Chief Justice.
In this appeal we are asked to review a trial court’s final judgment and two contempt orders which were entered following two show cause hearings. The contempt proceedings resulted from the Appellants’ alleged refusal to comply with an agreed temporary injunction. For the r... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283822/ | OPINION OF THE COURT BY
JUSTICE VENTERS
Seeking post-conviction relief from a death sentence, Appellant John Roscoe Garland argued in the McCreary Circuit Court that he was deprived of due process of law in violation of the Fifth and Fourteenth Amendments to the United States Constitution and Section 11 of the Kentucky... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283823/ | OPINION OF THE COURT BY
JUSTICE NOBLE
The Appellant, John David Cherry, Jr., was convicted of murder, first-degree wanton endangerment, second-degree unlawful imprisonment, carrying a concealed deadly weapon, third-degree trafficking in a controlled substance, trafficking in marijuana less than eight ounces, and posses... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283824/ | VENTERS, J.,
DISSENTS:
I respectfully dissent. RCr 6.18, in tandem with RCr 9.12, governs the circumstances in which different offenses charged against the same defendant may be prosecuted in the same trial.5 RCr 6.18, which *801exclusively provides the criteria for determining when different crimes may properly be joi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283825/ | OPINION
JONES, JUDGE:
This appeal arises from an order of the Bullitt Circuit Court, Family Division, granting Appellee James R. Holt (“James”) a domestic violence order (“DVO”) against Appellant Tammy Holt (“Tammy”). Tammy argues that the Bul-litt Family Court lacked jurisdiction to enter the DVO because James was a ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283828/ | ORDER
PER CURIAM
Jose Antonio Lugos-Campos Jr. appeals from the motion court’s judgment denying his Rule 24.035 motion for post-conviction relief, following an evidentiary hearing, alleging ineffective assistance of counsel and that Movant’s plea was invalid. We have reviewed the briefs of the parties and the record o... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283829/ | ORDER
PER CURIAM
Lorenzo Smotherman (“Defendant”) appeals from a judgment after a jury trial finding he was guilty of the class C felony of possession of a controlled substance, in violation of Section 195.202, RSMo (2011). He was sentenced as a persistent drug offender to twelve years in the Missouri Department of Co... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283830/ | *838ORDER
PER CURIAM
Lonnie Snelling (“Snelling”) appeals from a judgment dismissing his petition for failing to obtain proper service upon the named defendants and for failing to provide competent evidence in support of his claim for damages.
We have reviewed Snelling’s brief and the record on appeal. No error of law ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/588196/ | 972 F.2d 139
UNITED STATES of America, Plaintiff-Appellee,v.Kevin B. MAHONEY, Defendant-Appellant.
No. 91-1090.
United States Court of Appeals,Seventh Circuit.
Argued Feb. 27, 1992.Decided July 22, 1992*.Opinion Aug. 11, 1992.
David E. Risley, John P. Schmidt (argued), Office of the U.S. Atty., Springfield, Ill., for ... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5283980/ | *851Order
Per Curiam:
Mr. Glen M. Groves appeals from the Judgment of the Circuit Court of Clay County, Missouri, denying his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. Finding no error, we affirm. A published opinion would have no precedential value; however, we have separately provi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283831/ | ORDER
PER CURIAM..
Jessie Mann (Defendant) appeals the judgment of conviction for first-degree child molestation that the Circuit Court of Cape Girardeau County entered after a bench trial. Defendant claims the trial court plainly erred in: (1) admitting the child victim’s out-of-court statements; (2) admitting the vi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283832/ | Sherri B. Sullivan, P.J.
Introduction
Jerome Keeney, Jr. (Appellant) appeals from the trial court’s summary judgment entered in favor of Tim Fitch, Superintendent of Police, St. Louis County and Colonel Ronald Replogle, Superintendent, Missouri Highway Patrol (Respondents) on Appellant’s Petition for Declaratory Judg... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283833/ | ORDER
PER CURIAM
Mother A.N.S. appeals the judgment of the Circuit Court of the City of St. Louis denying her motion to set aside the default judgment entered in favor of father A.A.P. on his petition for name change, visitation, custody, and support for the parties’ minor child. We affirm the trial court’s judgment.
... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283834/ | ORDER
PER CURIAM
Casitdel Wooten (“Defendant”) appeals from the trial court’s judgment, following a jury trial, convicting him as a prior offender of forcible rape, kidnapping, and third-degree assault of a 16-year-old girl. The court sentenced him to 22 years for the rape, to run consecutively with concurrent sentenc... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/588932/ | 972 F.2d 1272
23 U.S.P.Q.2d 1839
GENERAL FOODS CORPORATION, Plaintiff-Appellee,v.STUDIENGESELLSCHAFT KOHLE mbH, Defendant-Appellant.
No. 91-1418.
United States Court of Appeals,Federal Circuit.
Aug. 11, 1992.Rehearing Denied; Suggestion for Rehearing In Banc DeclinedOct. 2, 1992.
Paul H. Heller, Kenyon & Kenyon, New ... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/588223/ | 972 F.2d 247
Thomas J. CHENEY, Appellant,v.UNITED STATES of America, Appellee.
No. 91-3444NI.
United States Court of Appeals,Eighth Circuit.
Submitted May 22, 1992.Decided Aug. 11, 1992.Rehearing and Rehearing En Banc Denied Sept. 23, 1992.
Thomas J. Cheney, pro se.
Paul C. Lillios, Asst. U.S. Atty., Cedar Rapids, Iow... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5283835/ | ORDER
PER CURIAM
Nicholas Nettles (“Defendant”) appeals from the trial court’s judgment, following a bench trial, denying his motion to suppress evidence and statements and finding him guilty on each of five counts: four counts of the class C felony of possession of a controlled substance, in violation of Section 195.... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283836/ | ORDER
PER CURIAM:
Stanley J. Stramel (“Husband”) appeals from a judgment dissolving his marriage to Linda S. Stramel (“Wife”). Husband argues that the property division contained in the judgment failed to address a marital debt; that the judgment erroneously ordered a cash equalization payment as part of the property d... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283838/ | PAUL E. DANIELSON, Associate Justice | Appellant City of Greenwood (“City”) appeals from the interlocutory order of the Sebastian County Circuit Court in favor of separate appellees Shadow Lake Association, Inc., a/k/a Shadow Lake Property Owners Association, an Arkansas nonprofit corporation (“SLPOA”) and Shirley Ann ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283840/ | Rhonda Wood, Justice, dissenting. I dissent because the court should address the merits of Bradley’s appeal. The majority is dismissing the appeal for lack of compliance with the Rule 37 verification requirement. The court is doing this on its own initiative: neither party raised the issue to the circuit court or on ap... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283841/ | OPINION OF THE COURT BY JUSTICE VENTERS
KRS 61.102, commonly known as the Kentucky “whistleblower” statute, prohibits reprisal against a public employee “who in good faith reports, discloses, divulges ... any facts or information relative to actual or suspected mismanagement, waste, fraud, abuse of authority or otherwi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283842/ | NOBLE, J.,
DISSENTING:
Katricia Rogers frequently worked out of the office. Her supervisor, suspicious that she was not actually working at these times, went to her home during the workday and caused damage to her driveway. Rogers, believing her supervisor had illegally trespassed on her posted land, later informed him... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283843/ | OPINION OF THE COURT BY
JUSTICE ABRAMSON
Kentucky Revised Statute (KRS) 189A.010, the Driving Under the Influence (DUI) statute, outlaws the operation or physical control of a motor vehicle under a number of circumstances the General Assembly has determined pose a substantial risk of impaired driving.1 Any person who v... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283844/ | NOBLE, J.,
CONCURRING:
I fully concur with Justice Abramson’s majority opinion. However, I would further point out, for the benefit of practitioners, especially prosecutors, that what we are saying today is that, in effect,'all DUI charges are simply a charge of DUI until there is a guilty plea or adjudication of being... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283845/ | OPINION OF THE COURT BY
JUSTICE NOBLE
The policy and processes that make up the juvenile justice system, laid out in Kentucky in the Unified Juvenile Code, have received a great deal of attention on a national level over the last few years once it became widely known that millions of dollars were being spent to incarce... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283846/ | OPINION OF THE COURT BY
JUSTICE NOBLE
This case raises primarily two issues. First, does a defendant’s pro se request to withdraw his guilty plea constitute a critical stage of the proceedings at which the right to counsel attaches, and, if so, is that right violated when trial counsel refuses to assist in the request ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283847/ | OPINION
KRAMER, JUDGE:
This appeal and cross-appeal are brought by K.W. (“mother”) and J.S. (“father”) from a Henderson Family Court order denying a Kentucky Rules of Civil Procedure (CR) 60.02 motion to set aside an agreed judgment of paternity. Having reviewed the record and applicable law, we affirm the order as to... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283860/ | MEMORANDUM OPINION
DAVID PURYEAR, Justice.
The State of Texas filed suit against Life Partners Holdings, Inc.; Life Partners, Inc.; Brian D. Pardo; and R. Scott Peden (cumulatively Life Partners) for allegedly engaging in fraudulent activities in connection with the sale of securities. The State also asserted that the... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283861/ | OPINION
Melissa Goodwin, Justice
We withdraw our opinion issued on October 8, 2014, and substitute this one in its place. We overrule appellants’ motion for rehearing.
This appeal is limited to facial challenges to the constitutionality of various Election Code provisions. See Tex. Elec. Code §§ 251.001, 253.003, 253.... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283862/ | ON MOTION FOR REHEARING OPINION
David Puryear, Justice
We withdraw the opinion and judgment dated June 13, 2014, and substitute the following opinion and judgment in then-place. We deny appellant’s motion for rehearing.
Tommy Adkisson appeals, both individually and on Bexar County’s behalf in his official capacity as B... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/588923/ | 972 F.2d 1218
Jerry WHITE, Petitioner-Appellant,v.Harry K. SINGLETARY, Secretary, Florida Department ofCorrections, Respondent-Appellee.
No. 90-3629.
United States Court of Appeals,Eleventh Circuit.
Sept. 3, 1992.
Billy H. Nolas, Julie D. Naylor, Ocala, Fla., for petitioner-appellant.
Richard B. Martell, Asst. Atty. G... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5283853/ | ORDER
PER CURIAM.
Vincent Henderson (Movant) appeals the judgment of the Circuit Court of St. Louis County denying his Rule 29.15 motion for post-conviction relief. Movant claims that the motion court erred in denying, after an evidentiary hearing, his claim that trial counsel was ineffective for failing to adequately... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283854/ | ORDER
PER CURIAM
Eagle Pines Community Services Association, Inc. (“Eagle Pines”) appeals from the trial court’s grants of summary judgment in favor of David and Yelena Reduzzi (“Reduzzis”) on the respective Motions for Summary Judgment of the Reduzzis and of Eagle Pines. Finding no error, we affirm.
We have reviewed ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/588470/ | 972 F.2d 344
NOTICE: Fourth Circuit I.O.P. 36.6 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 Fourth Circuit.UNITED STATES OF AMERICA, Plaintiff-Appellee,v.Weld... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5283856/ | ORDER
PER CURIAM
M.A.H.S. (“Mother”) appeals the trial court’s judgment modifying a custody decree awarding M.J.H. (“Father”) sole physical and legal custody of the couple’s son, A.H., age 11 at the time of the judgment, and restricting Mother’s visitation with A.H. to four consecutive hours of supervised visitation ev... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283857/ | OPINION
CLIFFORD H. AHRENS, Judge
J&J Industrial Supply appeals the trial court’s judgments in favor of the Department of Social Services Family Support Division after J&J failed to comply with income withholding orders.1 This appeal presents questions of first impression in Missouri as to whether a child support oblig... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283859/ | Justice Johnson
delivered the opinion of the Court.
Southwestern Bell Telephone, L.P. doing business as AT & T Texas (AT & T), a public utility company with facilities attached to a city bridge designated to be *581demolished, sought a declaratory judgment that the Harris County Flood Control District must bear the cos... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283881/ | ORDER
PER CURIAM
Jeffrey Weinhaus (“Appellant”) appeals from a jury verdict finding him guilty of: possession of morphine and marijuana, in violation of Section 195.202, RSMo (2011); assault of a law enforcement officer in the first degree, in violation of Section 565.081; and armed criminal action, under Section 571.... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283884/ | ROBERT G. DOWD, JR., Judge
Stephen S. Adams, III, as Trustee of the Stephen S. Adams, III Revocable Trust (“Adams”), appeals from the trial court’s grant of summary judgment. Edwin For-bush (“Forbush”) cross-appeals. We affirm in part and reverse and remand in part.
Stephen S. Adams, III, is an individual residing in C... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/593032/ | 977 F.2d 594
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.UNITED STATES of America, Plaintiff-Appellee,v.J... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5283885/ | ORDER
Defendants Wyneta and Kristy Fish-back appeal from a final judgment of the Circuit Court of Clark County: 1) granting Plaintiffs William and Doreen Bergman a ten-foot prescriptive easement, and 2) denying the Fishbacks damages for trespass and injunctive relief against the Bergmans. In their first three points o... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283886/ | ORDER
PER CURIAM
J.R.M. (“Mother”) appeals the judgment of the trial court terminating her parental rights to the minor child S.K.M. On appeal, Mother contends the court erred in terminating her parental rights because:- (1) Mother has a disease, drug addiction, which is treatable and prevents her from complying with t... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283887/ | ORDER
PER CURIAM
Ceral L. Robinson (Defendant) appeals from the judgment upon his convictions by a jury for one count of statutory sodomy in the first degree, in violation of Section 566.062, RSMo 2000,1 one count of child *40molestation in the first degree, in violation of Section 566.067, and one count of sexual mis... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283888/ | Alcala, J.,
filed a statement dissenting from the denial of rehearing.
On original consideration of this Court’s sua sponte motion to hold attorneys David Dow and Jeffrey Newberry in contempt, I was the sole dissenter from this Court’s order banning Dow from practicing in this Court for one year. In this Court’s order,... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284893/ | ORDER
Per Curiam:
Fentress Maurice Wilson appeals from a judgment entered upon a jury verdict convicting him of one count of statutory sodomy in the first degree, Section 566.062, RSMo Cum. Supp. 2014. We affirm. Rule 30.25(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283889/ | Richardson, J.,
filed a dissenting statement to the denial of Respondents’ Motion for Rehearing
in which Johnson, J., joined.
With all due respect, borrowing from the wisdom of Abraham Lincoln, in most cases a lawyer “who represents himself has a fool for a client.” On the heels of being held in contempt by this Court,... | 01-04-2023 | 01-07-2022 |
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