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https://www.courtlistener.com/api/rest/v3/opinions/5283890/ | Newell, J.,
filed a dissenting, statement to the denial of Respondents’ Motion for Rehearing.
This Court entered a show cause order for Respondents David Dow and Jeffrey Newberry to appear before this Court to explain their untimely pleadings in Ex parte Paredes, No. WR-61,939-01. At the hearing, both respondents appea... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283891/ | OPINION
Opinion by
Justice Perkes1
This case involves the suspension of surface water rights along the Brazos River Basin. Appellant Texas Commission on Environmental Quality (TCEQ) appeals a summary judgment order in a suit for declaratory judgment rendered in favor of appellee Texas Farm Bureau.2 By two issues, TCEQ ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283892/ | M. MICHAEL KINARD, Judge |, Appellant Karen Hubbard appeals from the Arkansas Board of Review (Board) decision denying her unemployment benefits upon finding that she was discharged from her last work for misconduct in connection with the work.1 On appeal, Hubbard argues that the Board’s decision is not supported by su... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/577964/ | 956 F.2d 1165
NOTICE: Seventh Circuit Rule 53(b)(2) states unpublished orders shall not be cited or used as precedent except to support a claim of res judicata, collateral estoppel or law of the case in any federal court within the circuit.Kenneth L. WILLIS, Petitioner-Appellant,v.Edward L. COHN, Superintendent Indiana... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5283895/ | BART F. VIRDEN, Judge h Travelers Casualty and Surety Company of America (Travelers) and Tycor Industries LLC (Tycor) appeal the circuit court’s order for Tycor to pay Cummins Mid-South LLC (Cummins) $59,115.14 plus costs, interest, and attorney’s fees on the grounds that (1) the language of the lien release was ambigu... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283896/ | KENNETH S. HIXSON, Judge | ¶ Appellant Steve Humbert appeals from the termination of his parental rights to his two sons, C.H. and M.H., who are ages seven and six respectively.1 On appeal, Steve argues that there was insufficient evidence to support the termination. We affirm. We review termination of parental rights... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283897/ | *325OPINION OF THE COURT BY
JUSTICE VENTERS
A Barren Circuit Court jury found Appellant, Dennis James Trigg, guilty of first-degree trafficking in a controlled substance and possession of drug paraphernalia. Appellant was sentenced to twenty years’ imprisonment for the trafficking charge and assessed a $500.00 fine for... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283898/ | OPINION
DIXON, Judge:
■ Appellants, Tracy and Tammy Acuff, appeal pro se from an order of the Kenton Circuit Court granting summary judgment in favor of Appellee, Wells Fargo Bank, N.A., in this mortgage foreclosure action. For the reasons set forth herein, we conclude that summary judgment was premature and thus rema... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283901/ | Order
Per Curiam
Following a jury trial, Dequan Hawkins appeals from his convictions for second degree murder and armed criminal action. Hawkins contends the circuit court erred in overruling his objection to the jury’s request to replay a witness’s videotaped interview during deliberations, because the videotape was t... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283902/ | ORDER
PER CURIAM:
Following a jury trial, Marcus Smith was convicted in the Circuit Court of Clay County of second-degree (felony) murder, unlawful use of a weapon, and two counts of armed criminal action. Smith appeals. He argues that the circuit court erred in: simultaneously finding him guilty of both felony murder ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283903/ | ORDER
PER CURIAM.
Charles Bolden appeals from the probate court’s judgment entered after a jury trial committing him to secure confinement in the custody of the Missouri Department of Mental Health as a sexually violent predator. We have reviewed the briefs of the parties and the record on appeal and conclude the tria... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284179/ | Order
Per Curiam:
Mr. Carlos Kapel Henderson appeals the judgment of the Circuit Court of Boone County, Missouri, denying, after an evidentiary hearing, Mr. Henderson’s motion for post-conviction relief pursuant to Rule 24.035. Because a published opinion would serve no jurisprudential purpose, we have instead provided... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283904/ | ORDER
PER CURIAM
Moorlands Holdings, LLC (“Moorlands”) appeals from the judgment of the trial court that dismissed its cause of action for breach of contract and that granted summary judgment in favor of the Metropolitan St. Louis Sewer District (“MSD”) on Moorlands’ claim for inverse condemnation.
We have reviewed th... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283906/ | ORDER
PER CURIAM
Richard A. Leonard, Jr. (Defendant) appeals from the judgment upon his convictions for one count of first-degree assault, in violation of Section 565.050, RSMo 2000,1 one count of first-degree robbery, in violation of Section 565.020, and two counts of armed criminal action, in violation of Section 57... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283907/ | ORDER
PER CURIAM
Daniel McKay (Defendant) appeals the trial court’s order and judgment entered following remand from this Court for an evidentiary hearing to determine whether the State could rebut the presumption of prejudice caused by the delay in bringing Defendant to trial and whether Defendant’s right to a speedy ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283910/ | ORDER
PER CURIAM.
Glen Scott Evans appeals from the trial court’s judgment entered upon a jury verdict finding him guilty of second-degree murder. We have reviewed the briefs of the parties and the record on appeal and find no error, plain or otherwise. An extended opinion would have no precedential value. We have, ho... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283911/ | ORDER
PER CURIAM.
James Stampley appeals the judgment entered upon a jury verdict convicting him of one count of first-degree burglary and one count of felony stealing. We find no error has occurred. •
No jurisprudential purpose would be served by a written opinion. We have, however, provided the parties a memorandum ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283912/ | ORDER
PER CURIAM.
Cornelious A. Jones appeals from the trial court’s judgment convicting him of first-degree robbery. We have reviewed the briefs of the parties and the record on appeal and conclude the State presented sufficient evidence to support the trial court’s judgment. State v. Beam, 334 S.W.3d 699, 707 (Mo.Ap... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285678/ | OPINION OF THE COURT BY
JUSTICE KELLER
Dianne Carson first filed an application for retirement disability benefits in November 2007. Based on the recommendation of a hearing officer, the board of trustees of .the Kentucky ■ Retirement Systems (KERS)1 denied ■ Carson’s claim. Carson did not seek judicial review of KERS’... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285679/ | OPINION OF THE COURT BY
JUSTICE KELLER
Charles Wimberly filed an application for disability retirement benefits with the Kentucky Retirement Systems (KERS),1 A hearing officer recommended that Wim-berly’s application be.denied and, before KERS could render a final decision, Wim-berly filed a second application- pursuan... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283913/ | ORDER
PER CURIAM
Jaron Sims appeals from the judgment entered upon a jury verdict convicting him of one count of the class C felony of assault in the second degree1 and one count of the class D felony of resisting or interfering with arrest.2 On appeal, Sims contends the court erred in: (1) allowing testimony during tr... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283914/ | ORDER
PER CURIAM
Darnell Clemons (Defendant) appeals from the judgment upon his convictions following a jury trial for one count of forcible rape, in violation of Section 566.030, RSMo 2000,1 and one count of *485kidnapping, in violation of Section 565.110.2 The trial court sentenced Defendant as a prior offender to c... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283915/ | GARY W. LYNCH, J.
Fowler Land Company, Inc., and the Margaret Leist Revocable Trust (individually “Fowler” and “Leist,” respectively, and collectively “property owners”) appeal the trial court’s judgment affirming the decision of the Missouri Land Reclamation Commission (“Commission”) upholding the approval by the Miss... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283916/ | OPINION
Brandon 0. Gibson, J.,
delivered the opinion of the Court,
in which Frank G. Clement, Jr., P.J.’, M.S., and Andy D. Bennett, J., joined.
This is the second appeal before this Court involving the minor child at issue. In 2010, the child’s mother sought assistance in caring for the child after she lost her job. S... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283917/ | Justice Devine
delivered the opinion of the Court.
The Texas Citizens Participation Act (TCPA)1 protects citizens who petition or speak on matters of public concern from retaliatory lawsuits that seek to intimidate or silence them. Tex. Civ. Prac. & Rem. Code §§ 27.001-011. The protection consists of a special motion f... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283918/ | OPINION
ANN CRAWFORD McCLURE, Chief Justice.
Appellants, Unit 82 Joint Venture, Five Star Holding Company, Inc., Five Star Holding Management, L.L.C., and 1320/1390 Don Haskins, Ltd., appeal from the trial court’s orders determining that the ancillary receivership did not violate a bankruptcy stay and terminating the ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283919/ | OPINION
David Puryear, Justice
Gulf Chemical and Metallurgical Corporation brought suit under Texas Tax Code Chapters 112 and 171 to recover $1,357,920 in franchise taxes that it paid for tax years 2005, 2006, and 2007. After the parties agreed to an order bifurcating the non-jury trial, the trial court tried the issu... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283920/ | CLIFF HOOFMAN, Judge | Appellants Raymond and Patricia Edwards appeal from the circuit court’s denial of their motion for custody of their granddaughter, M.A.E., who had been adjudicated dependent-neglected and placed in the custody of appellee, the Arkansas Department of Human Services (DHS). On appeal, appellants arg... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283921/ | M. MICHAEL KINARD, Judge | ¡Appellant Calvin Ivory filed a negligence suit against appellee Woodruff Electric Cooperative Corporation after a fire destroyed Ivory’s house. He alleged that Woodruff was negligent in the maintenance of its electric poles, lines, and transformers located near his property in that Woodruff ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283922/ | RAYMOND R. ABRAMSON, Judge |! This is an appeal from the dismissal of a declaratory-judgment claim. On appeal, Farmers Insurance Exchange (“Farmers”) argues that the circuit court erred when it declared that Ray and Lanna Bradford’s homeowner’s insurance policy with Farmers covered an accident involving a boom lift. We... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283923/ | KENNETH S. HIXSON, Judge | Appellant Jerry Cossey suffered an admittedly compensable low-back injury on August 9, 1993, while working for appellee Pepsi Beverage Company, as he was moving a case of Pepsi in a convenience-store cooler. At that time, Cossey was in his mid-thirties. He was treated conservatively for an ex... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283924/ | RITA W. GRUBER, Judge h Michael Webb has complied with our order to supplement the record before us, see Webb v. State, 2014 Ark. App. 637, 2014 WL 5849234, and we now address the merits of his appeal. On November 15, 2010, the circuit court sentenced Webb to three years’ probation on, his negotiated plea of guilty to ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283926/ | RAYMOND R. ABRAMSON, Judge | Jennifer Steele appeals from the order of protection filed September 10, 2013, in Pulaski County Circuit Court, granting a two-year protective order to John Lyon.1 On appeal, Steele argues that the trial court erred by allowing Lyon to testify when he was not listed as a witness and by not ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283928/ | CLIFF HOOFMAN, Judge | TAppellants Steven Wilson and Christina Wilson appeal from the Benton County Circuit Court’s August 21, 2014 decree of foreclosure and order granting motion for summary judgment in favor of appellee Arvest Bank.1 On appeal, appellants contend that (1) the trial court erred in granting summary jud... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283929/ | OPINION OF THE COURT BY
CHIEF JUSTICE MINTON
A circuit court jury convicted George A. Luna of first-degree murder and first-degree arson for killing Debra Hendrickson and burning the trailer where she lived. The jury also found as a statutory aggra-vator that Luna murdered Hendrickson in the commission of first-degree ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283930/ | OPINION OF THE COURT BY
JUSTICE KELLER
A Jefferson Circuit Court jury rendered a verdict in favor of the defendants in this medical negligence case, and the circuit court entered a judgment consistent with that verdict. The Court of Appeals reversed that judgment, holding that the trial court improperly admitted into e... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283931/ | VENTERS, J„
CONCURS IN RESULT ONLY:
I concur in the result reached by the Majority opinion but I disagree with its view regarding Dr. Goldsmith’s testimony. I am persuaded by the post-trial analysis and argument that the validity of Dr. Goldsmith’s mathematical model and equilibration theory was not adequately establis... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283932/ | OPINION OF THE COURT BY
JUSTICE KELLER
The Jefferson Circuit Court granted summary judgment to Muluken Zeru, finding that Bonita Beaumont had not filed her complaint within the two year statutory period provided in Kentucky Revised Statute (KRS) 304.39-230(6). Beaumont appeals, arguing that the circuit court and the Co... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283933/ | OPINION
DIXON, Judge.
Appellant, Laurence Rider, appeals pro se from an order of the Knox Circuit Court denying his motion .to amend his sentence under CR 60.02. Finding no error, we affirm.
In October 2009, Appellant entered a guilty plea in the Knox Circuit Court to first-degree sexual abuse and kidnapping. Pursuant... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285680/ | OPINION
THOMPSON, JUDGE:
Garth Kuhnhein, a resident of Kenton County, filed a class action complaint for a declaratory judgment declaring the assessment and collection of ad valorem taxes by the Northern Kentucky Area Planning Commission and the Northern Kentucky Area Planning Council (collectively NKAPC) is invalid b... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283935/ | CAPERTON, Judge,
dissenting:
I respectfully dissent. I would find that denial of the tower’s advertised location, *921including the three proposed alternate locations, followed by the approval of an unadvertised location violated due process. A landowner reviewing the proposed locations of a tower may not have any obje... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283936/ | OPINION
MAZE, Judge:
Appellant, Jimmy Stage, appeals from an order of the Jefferson Circuit Court denying his 2007 Motion to Vacate and to Declare the Law pertaining to the application of Kentucky Revised Statutes (KRS) 17.495, et seq., Kentucky’s Sex Offender Registration Act (hereinafter “SORA”). Finding no fault in... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283938/ | Order
Per Curiam:
Appellant, Late Model Auto Parts, Inc., appeals the trial court’s judgment assessing damages in favor of Respondent, Calvert’s Express Auto Sendee and Tire, for breach of contract for the failure to provide a functioning motor vehicle engine. Finding no error, we affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125579/ | Smith, J.:
By the first clause of her will, the testatrix gave the use of one-third of her estate, real and personal, to her son, James Jones, for his rise during his natural life, and then proceeded in the following words: “ From and after his decease the said one-third part shall revert to the general fund which I do... | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125580/ | Smith, J.:
The complaint in the action contains two counts: One, for the rent of a farm owned by the plaintiff’s testator, Edward C. Marvine, and occupied by the defendant, and the other for the value of a quantity of manure removed by the defendant from said farm and for which he agreed to pay. At the trial the court ... | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125581/ | Smith, J.:
Judgment having been rendered in this action vacating the charter of the defendant, a plank-road corporation in the county of Steuben, and annulling the existence of the corporation for abuse of its powers, with costs, and an execution having been issued and returned unsatisfied, the plaintiff moved for an a... | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125582/ | Smith, J.:
In tbe year 1876, tbe plaintiffs and all tbe defendants, except John E. James, were patrons of a cheese factory located in Rem-sen, Oneida county, and delivered milk from their respective dairies at said factory, to be manufactured into cheese by the defendant James, he agreeing to manufacture all the milk r... | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125583/ | Smith, J.:
The action was brought to recover damages sustained by the plaintiff in consequence of defects in a certain bridge across the Genesee river, which, as she alleges, the county of Livingston was bound to repair. The principal question is whether the action will lie against the county. The river in its course b... | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283940/ | ORDER
PER CURIAM:
This case involves a dispute between the ovmers of neighboring parcels of property on the Lake of the Ozarks, concerning the use of a boat dock and the existence of an easement along the waterfront to allow access to the dock. Following a bench trial, the circuit court found that an easement existed a... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283941/ | GARYW. LYNCH, J.
Michael Younker, Brad Neckermann, Adam Chadek, and Amanda Chadek (collectively referred to as “Tenants”) appeal from the trial court’s judgment denying class certification and granting summary judgment on all claims in their petition in favor of Investment Realty, Inc., Michael Woessner, Linda Woessner... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283942/ | ORDER
PER CURIAM
Joseph Afshari (“Landowner”) appeals from the trial court’s order and judgment affirming an administrative decision by the St. Louis County Department of Public Works (“St. Louis County”) ordering demolition of seven buildings on Landowner’s property. We have reviewed the briefs of the parties and the... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283943/ | *15
ORDER
PER CURIAM.
Manuel Cazares appeals from the motion court’s judgment denying his motion for post-conviction relief after an eviden-tiary hearing. We have reviewed the briefs of the parties and the record on appeal, and we conclude the motion court’s findings of fact and conclusions of law were not clearly err... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283945/ | ORDER
Per Curiam:
Michael Lee Wilson appeals the circuit court’s judgment convicting him of possession of burglar’s tools. We affirm. Rule 30.25(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283947/ | PER CURIAM
This case, which is subject to the Texas Medical Liability Act (TMLA), Tex. Civ. Prac. & Rem. Code ch. 74, involves the adequacy of an expert report. The issue is whether the trial court abused its discretion by denying the defendants’ motion to dismiss in light of conflicting statements in the plaintiffs’ e... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2424098/ | 17 A.3d 781 (2011)
198 Md. App. 400
John C. DAVIES
v.
STATE of Maryland.
No. 1818, September Term, 2010.
Court of Special Appeals of Maryland.
April 5, 2011.
*783 Tobin J. Romero (Williams & Connolly LLP, on the brief), Washington, DC, for Appellant.
Mary Ann Ince (Douglas F. Gansler, Atty. Gen., on the brief), Baltimo... | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/2200222/ | 203 Cal. App. 2d 642 (1962)
DOROTHY TALIAFERRO, Plaintiff and Respondent,
v.
EUGENE A. TALIAFERRO, Defendant and Appellant.
Civ. No. 19367.
California Court of Appeals. First Dist., Div. Three.
May 17, 1962.
Eugene A. Taliaferro, in pro. per., for Defendant and Appellant.
Frisbie & Hoogs and W. H. Hoogs for Plaint... | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5283948/ | iMEMORANDUM OPINION
BRIAN HOYLE, Justice.
ETMC First Physicians and Kristin Ault, D.O. appeal the trial court’s order denying their motion to dismiss the lawsuit against them filed by Melissa Van Ness, Individually and as Next Friend, an Heir at Law, and a Surviving Parent of Nicholas Van Ness; Ronald Van Ness, Indivi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283951/ | OPINION
VANMETER, JUDGE:
Ervin Cable Construction, LLC appeals from the June 9, 2014, order of the Jackson Circuit Court denying its motion for summary judgment. For the following reasons, we vacate the trial court’s order and direct the court on remand to enter an order granting summary judgment in favor of Ervin Cab... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283952/ | ORDER
PER CURIAM
Plaintiff James Johnson appeals the Circuit Court of Franklin County’s grant of judgment on the pleadings in favor of defendant Sullivan Fire Protection District on his 42 U.S.C. section 1983 (2014).claim. We affirm the trial court’s judgment.
No error of law appears. An extended opinion would have no... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125584/ | Talcott, J.:
This suit is commenced by the plaintiff as trustee of the estate of Elizabeth D. Bristol, otherwise known as Elizabeth D. Bristol *24Sweet, appointed such trustee by an order of tbe Supreme Court at a Special Term held in tbe county of Onondaga on the 23d of May, 1873. The action isa suit in equity against... | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125585/ | Talcott, P. J.:
The case in this action was submitted at the last General Term. The action is brought to recover the price of a mare sold by the plaintiff to the defendant in July or August, 1876, at the town of Augusta, in Oneida county, upon the ground that the defendant had passed to the plaintiff in payment for the... | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125586/ | Hardin, J.:
Cynthia A. Otis made a $600 note in 1876, and procured the indorsement of the plaintiff, a neighbor, thereon, and through ,S. B. Ilpham, as her agent, negotiated it for the loan of $600 in money *34from one Abel Davis, who took the note and held it till it matured, and then took another note in renewal and ... | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125587/ | Hardin, J.:
February 6, 1877, the injuries were received, and September 7, 1877, this action was commenced to recover therefor. April 11, 1877, the legislature amended and added to the charter of the defendant, as will appear by chapter 127 of the Laws of 1877 (p. 132). The defense which the referee has sustained is pr... | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283953/ | ORDER
PER CURIAM
Samuel Selsor (“Appellant”) appeals from the judgment of the trial court entered after a jury convicted him of two counts of possession of child pornography in violation of section 573.037 RSMo (Cum. Supp. 2008), which sentenced him to concurrent terms of five years’ imprisonment.
We have reviewed the... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283954/ | ORDER
PER CURIAM.
Appellant Robert Louis (“Louis”) appeals from the judgment of the motion court denying his Rule 24.0351 motion for post-conviction relief following an eviden-tiary hearing. Louis avers that the motion court clearly erred in denying his Rule 24.035 motion because there was an insufficient factual basi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283957/ | ORDER
Per Curiam:
Mr. Timothy Clay, Jr., appeals the denial of a 29.15 post-conviction relief motion. He claims trial counsel was ineffective for failing to investigate and call the codefen-dant to corroborate a self-defense theory. He also claims appellate counsel was ineffective for failing to file surveillance video... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5286389/ | OPINION
Keasler, J.,
delivered the opinion of the Court
in which Hervey, Alcala, Richardson, Yeary, Newell, Keel, and Walker, JJ., joined.
Kelvin Lee Roy was convicted of murder and sentenced to seventy-five years’ imprisonment. The trial judge denied his request for a jury instruction on the lesser-included offense of... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283958/ | ORDER
PER CURIAM:
Following a jury trial, Daryl Lemasters was convicted in the Circuit Court of Platte County of four counts of statutory sodomy in the first degree, one count of enticement of a child, and one count of sexual exploitation of a minor. He was sentenced to 30 years’ imprisonment on each count, with the se... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283960/ | Justice Green
delivered the opinion of the Court.
This case involves a federal statutory exception to the general rule that federal law preempts state law. One of the federal laws at issue, the McCarran-Ferguson Act (MFA), 15 U.S.C. §§ 1011-1015, provides an exemption from preemption that applies to state statutes enac... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125591/ | Opinion by Smith, J.
Mullin, P. J., and Talcott, J., concurred.
Judgment reversed and new trial ordered, costs to abide event. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125592/ | Opinion by Talcott, J.
Present — Mullin, P. J., Talcott and Smith, JJ.
Orders appealed from reversed, with ten dollars costs of appeal in one case only and disbursements in both, and defendant’s motion to dissolve the injunction order granted, with ten dollars costs. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283961/ | PER CURIAM
The outcome of this case is controlled by our opinion in Fredericksburg Care Co. v. Perez, 461 S.W.3d. 513, 2015 WL 1035343 (Tex.2015). Both cases, along with a third case styled Fredericksburg Care Co. v. Lira, 461 S.W.3d. 529, 2015 WL 1026224 (Tex.2015) (per curiam), involve the question of whether a feder... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283962/ | MEMORANDUM OPINION
TERRY JENNINGS, Justice.
Appellant, CCE, Inc., challenges the trial court’s rendition of summary judgment in favor of appellees, PBS & J Construction Services, Inc.; Post, Buckley, Schuh & Jernigan, Inc.; and Yu-Chen Su, P.E. (collectively “PBS & J”), on CCE’s claims against PBS & J for negligent mis... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283965/ | OPINION OF THE COURT BY
JUSTICE KELLER
This appeal arises from two summary judgments in favor of Alliance Coal, LLC (Alliance). The Court of Appeals affirmed those judgments, and we granted discretionary review. For the reasons set forth below, we affirm.
I. BACKGROUND.
The underlying facts necessary for resolution of ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283967/ | THOMPSON, JUDGE:
Petitioner, Jesse A. Wood, IV (father), and L.A.W. (son), through son’s guardian ad litem (GAL), filed a petition for a writ to prohibit the family court from conducting a hearing on a motion to temporarily modify primary residential custodian of son to Aliza Hunter (mother), while father was deployed ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283968/ | MAZE, JUDGE,
DISSENTING:
I respectfully dissent from my colleagues’ conclusion that it is necessary and proper to grant the Writ of Prohibition filed by the Father. Kentucky law has consistently held that before an extraordinary writ of prohibition may be issued, it must be shown either that:
(1) The lower court is pro... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283970/ | ORDER
PER CURIAM.
Christopher Colletta appeals from the motion court’s judgment denying his Rule 29.151 motion. We have reviewed the briefs of the parties and the record on appeal, and we conclude the motion court’s denial of post-conviction relief was not clearly erroneous. Rule 29.15(k). An extended opinion would ha... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283971/ | Gary M. Gaertner, Jr., Judge
Introduction
Terrell G. Johnson (Johnson) appeals from a sentence and judgment of conviction for burglary in the first degree, stealing over $500, and property damage in the second degree. He asserts that there was insufficient evidence to support the conviction for stealing over $500. We... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283972/ | ORDER
PER CURIAM
Michael Tracy (“Employee”) appeals from a judgment of the Missouri Labor and Industrial Relations Commission (“the Commission”) affirming the award of the Administrative Law Judge (“ALJ”), which found that Employee’s claim against Glaz-ers Wholesale Drug Company (“Employer”) was not compensable becaus... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285512/ | Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
01/07/2022 01:07 AM CST
- 391 -
Nebraska Supreme Court Advance Sheets
310 Nebraska Reports
... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283973/ | ORDER
PER CURIAM.
Michael Floyd appeals from the motion court’s judgment denying, without 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 the... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283975/ | *848
ORDER
PER CURIAM.
Lavaris Rogers appeals from the motion court’s judgment denying his motion for post-conviction relief under Mo. R. Crim. P. 29.15 after an evidentiary hearing. We have reviewed the briefs of the parties and the record on appeal, and we conclude the motion court did not clearly err in denying Mov... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125594/ | Judgment reversed and new trial ordered before another referee, costs to abide event. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283977/ | ORDER
PER CURIAM
Michelle White (Movant) appeals the denial of her Rule 24.035 motion for postcon-viction relief without an evidentiary hearing. Movant claims the motion court clearly erred in denying her post-conviction motion because plea counsel was ineffective for failing to: (1) advise her regarding a potential de... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284246/ | ORDER
Per curiam:
Christopher 0. Frasure appeals from the denial of his motion for post-conviction relief on the ground of abandonment. We affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5286390/ | OPINION
HERVEY, J.,
delivered the opinion of the unanimous Court.
The issue in this case is whether there is sufficient evidence to affirm the jury’s deadly-weapon finding elevating robbery to aggravated robbery. Because we conclude that there is and that the court of appeals erred to hold otherwise, we will reverse it... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283981/ | ORDER
PER CURIAM:
Clint Jacobs appeals from the denial of his 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 no error of law appears. A formal, publi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283983/ | ORDER
Per Curiam
Daron Peal appeals the denial of his Rule 24.035 motion for post-conviction relief after he pled guilty to second-degree (felony) murder and armed criminal action. After a thorough review of the record and the briefs, we find no error and affirm the judgment of the motion court. A formal, published opi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283984/ | GARY W. LYNCH, J.
Opinion author
The State of Missouri (“the State”) appeals the trial court’s judgment denying its claim for injunctive relief and a civil penalty against Frankie L. Schwartz for operating an auto salvage facility without a storm water permit from the Missouri Department of Natural Resources (“DNR”).1 ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283985/ | OPINION
Opinion by
Justice Evans
B.C. appeals from the trial court’s take-nothing summary judgment on her common-law assault claim against her former employer Steak N Shake Operations, Inc. We conclude B.C.’s assault claim against Steak N Shake was barred as a matter of law by the Texas Commission on Human Rights Act.1... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283986/ | OPINION
Keasler, J.,
delivered the opinion of the Court
in which Meyers, Hervey, Richardson, and Yeary, JJ., joined.
In two capital-murder cases, Tyrone Allen sought a pretrial hearing requesting the trial judge determine whether he was intellectually disabled and therefore exempt from the death penalty if convicted. ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125595/ | Judgment reversed and a new trial ordered before another referee, costs to abide event. Held, that as, according to the undisputed testimony of the defendant Kamm the vendee, the agreement between him and Schleucker, the debtor, was that, when all the debts were paid, he was to deed the property back to Schleucker and ... | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125596/ | Judgment affirmed with costs. Opinion by
Smith, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283987/ | Meyers, J.,
filed a concurring opinion.
I agree with the majority’s analysis of the mandamus issue in this case. I write separately to address the dissenting opinions. Judge Alcala’s position on mootness is incorrect. Her solution would be similar to saying that if a judge made a pretrial ruling on a suppression hearin... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283989/ | Alcala, J.,
filed a dissenting opinion.
Because the ministerial act that is at the center of the dispute in this case was performed by a trial judge who is no longer on the bench and has no power to change the offending order, the court of appeals’s decision to conditionally grant a writ of mandamus against that trial ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283990/ | MEMORANDUM OPINION
LAURA CARTER HIGLEY, Justice.
The State of Texas, appeals from the trial court’s grant of summary judgment against it on liability and subsequent rendition of judgment against it and in favor of Clear Channel Outdoor, Inc. following a trial on damages in an inverse condemnation proceeding. In three i... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283991/ | OPINION
Kem Thompson Frost, Chief Justice
In this appeal we address two issues of first impression. The first relates to the potential federal preemption of a Texas venue statute. The second involves the constitutionality of applying the state venue statute in the context of the federal statute’s collective-action proc... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283992/ | OPINION
YVONNE T. RODRIGUEZ, Justice
Appellants, Telesis/Parkwood Retirement I, Ltd, Telesis/Parkwood Retirement, Inc., Telesis Management Corporation, Party doing business as Parkwood Retirement Community (Parkwood), and Party doing business as The Telesis Company (collectively, “Telesis” or “Parkwood”), appeal a fin... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5283994/ | WAYMOND M. BROWN, Judge |,Appellant appeals from the circuit court’s disposition order in her juvenile delinquency case. On appeal, her sole argument is that the trial court erred by imposing an illegal sentence. We affirm. Appellant and her mother entered a Kohl’s department store in Rogers, Arkansas, on three differe... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2182184/ | 475 A.2d 989 (1984)
INLEASING CORP.
v.
Claude A. JESSUP.
No. 81-251-Appeal.
Supreme Court of Rhode Island.
April 25, 1984.
Reargument Denied May 18, 1984.
*990 John H. Blish, Joseph V. Cavanagh, Jr., Edwards & Angell, Providence, for plaintiff.
Edward W. Moses, Maury A. Ryan, Asquith, Merolla, Anderson, Ryan & Wiley, P... | 01-04-2023 | 10-30-2013 |
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