url stringlengths 55 59 | text stringlengths 0 616k | downloaded_timestamp stringclasses 1
value | created_timestamp stringlengths 10 10 |
|---|---|---|---|
https://www.courtlistener.com/api/rest/v3/opinions/5283995/ | OPINION OF THE COURT BY
JUSTICE VENTERS
Appellant, Arnold Moore, appeals from a judgment of the Lawrence Circuit Court imposing a sentence of fifty years’ imprisonment following a jury trial in which he was convicted of manufacturing methamphetamine (first offense), first-degree possession of a controlled substance, an... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2186175/ | 309 N.W.2d 799 (1981)
BANKERS STANDARD INSURANCE COMPANY, Appellant,
v.
Wanda OLWELL, et al., Respondents, Jenny Leajcher, Respondent, Larry E. Walters, et al., defendants and third party plaintiffs, Respondents, Holmbeck & Associates, Inc., third party defendant, Respondent.
No. 51213.
Supreme Court of Minnesota.
Sept... | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5283998/ | OPINION
COMBS, JUDGE:
Gary Hurt appeals the order of Jefferson Circuit Court which denied his motion for summary judgment. This case is before us on remand from the Supreme Court of Kentucky, We rendered our opinion affirming on January 4, 2013. On October 15, 2014, the Supreme Court remanded the case for us to recons... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284000/ | GARY M. GAERTNER, JR., Judge.
Introduction
Linda Gargus (Gargus) appeals the trial court’s entry of judgment and sentence upon a jury’s verdict finding her guilty of elder abuse in the first degree. On appeal, she argues the trial court erred, first, in entering judgment against her because the State merely proved th... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284001/ | ORDER
PER CURIAM.
St. Louis County appeals the judgment entered upon the jury’s verdict awarding $750,000 in damages to River Bend Estates Homeowners Association for land taken as part of a St. Louis County highway project. We have reviewed the briefs of the parties and the record on appeal, and no error of law appear... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284002/ | Order
Per Curiam:
Carla Klippel appeals from the Labor and Industrial Relations Commission’s dismissal of her appeal of the Division of Employment Security’s denial of unemployment benefits. Because appellate review is limited to issues determined by the Commission, and Klippel has not challenged the Commission’s dismi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2180665/ | 544 A.2d 1272 (1988)
STATE of Maine
v.
Bryan D. INGALLS.
Supreme Judicial Court of Maine.
Argued June 8, 1988.
Decided July 25, 1988.
Paul Aranson, Dist. Atty., Laurence Gardner (orally), Deputy Dist. Atty., Anne B. Judd, Asst. Dist. Atty., Portland, for plaintiff.
David P. Silk (orally), Portland, for defendant.
Befor... | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5284247/ | Joseph M. Ellis, Judge
Ameren Transmission Company of Illinois (“ATXI”) is an Illinois corporation authorized to do business in the State of Missouri. ATXI intends to construct interstate electrical transmission lines that will be located partially in this state that will be used by others to transmit electricity in in... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284248/ | Gary D. Witt, Judge
Daryl Nigro (“Nigro”) appeals the circuit court’s judgment denying his motion for post-conviction relief pursuant to Rule 29.151 following an evidentiary hearing in *883the Circuit Court of Lafayette County.2 He claims error in the motion court’s rulings that: (1) trial counsel’s alleged failure to ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284249/ | Gary M. Gaertner, Jr., Judge
Introduction
Dwayne Houston (Defendant) appeals from the sentence and judgment entered following a jury trial convicting him of *897burglary in the first degree, attempted forcible rape, and sexual misconduct. On appeal he asserts the trial court abused its discretion in allowing certain ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5286391/ | OPINION
Alcala, J.,
delivered the opinion for a unanimous Court.
In this opinion, we address whether expert testimony on the subject of abusive head trauma is reliable. Jennifer Banner Wolfe, appellant, presents this issue in her petition for discretionary review following her conviction in a bench trial for first-degr... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284004/ | ORDER
PER CURIAM
The defendant, William Prada, appeals the judgment entered by the Circuit Court of the City of St. Louis following his conviction by the trial court of one count of second-degree assault. The State charged the defendant with three counts of first-degree assault and three corresponding counts of armed c... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284006/ | ORDER
PER CURIAM.
Victor R. Moore, Sr. appeals the judgment denying his Rule 74.06(b)(5)1 motion for relief from the trial court’s judgment dismissing his discrimination claim against MBR Management Corporation D/B/A Do-minos Pizza for failure to prosecute. We find that no error has occurred.
No jurisprudential purpos... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284007/ | ORDER
PER CURIAM
Erik Burle (“Movant”) appeals from the motion court’s denial, following an eviden-tiary hearing, of his Rule 24.035 motion for post-conviction relief to vacate, set aside or correct the sentence and judgment. Mov-ant entered guilty pleas to the charges of the class C felony of possession of a controll... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284008/ | ■ ORDER
PER CURIAM
Gina and Harlin Mitauer (the Mitauers) appeal from the judgment in favor of HSBC Mortgage Corporation, Safeguard Properties LLC, Rodney Thomas, T.O.C.G.C. LLC d/b/a Touch of Class, and Luke Scherrer on the Mitauers’ “Second Amended Petition in Negligence, Breach of Contract, Breach of Fiduciary Duty,... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284009/ | ORDER
PER CURIAM.
Leonard Malloy appeals the judgment entered upon a jury verdict convicting him of one count of statutory rape in the second degree and one count of statutory sodomy in the second degree. We find no error has occurred.
No jurisprudential purpose would be served by a written opinion. We have, however, ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/590352/ | 974 F.2d 1248
59 Fair Empl. Prac. Cas. (BNA) 1368,59 Empl. Prac. Dec. P 41,755, 24 Fed. R. Serv. 3d 195
John W. WHALEN, Plaintiff-Appellee,v.UNIT RIG, INC., a Delaware Corporation; Terex Corporation,a Delaware Corporation; MRL AcquisitionCorporation, a Delaware Corporation,Defendants-Appellants.
No. 91-5069.
United S... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5285519/ | Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
01/07/2022 01:07 AM CST
- 355 -
Nebraska Supreme Court Advance Sheets
310 Nebraska Reports
... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284011/ | ORDER
PER CURIAM.
DJC/CMS Inc., d/b/a Suntrup Kia (Employer) appeals the decision of the Labor and Industrial Relations Commission of Missouri (Commission) awarding Eric Hartmann (Claimant) workers’ compensation benefits for injuries sustained when he slipped and fell on ice in Employer’s parking lot. Employer claims ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284013/ | Order
Per Curiam:
Darrell Diehl appeals the trial court’s division of the assets following the dissolution of his marriage to Joyce Rider-Diehl. Finding no error warranting reversal, we affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284015/ | ORDER
PER CURIAM: .
On the second day of a jury trial in the Circuit Court of Jackson County, Richard Davis entered pleas of guilty to forcible rape and forcible sodomy. He was sentenced to concurrent terms of ten years in prison for each count, to run concurrently with a previously imposed ' sentence. Davis filed a mo... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284016/ | Order
Per Curiam
Sara Myers was convicted on two counts of delivery of a controlled substance and sentenced to consecutive fourteen-year prison terms. On appeal, Myers contends the trial court abused its discretion during the sentencing hearing by admitting a statement she made to investigators. After a thorough review... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284017/ | RAYMOND R. ABRAMSON, Judge | jOn May 22, 2014, the State of Arkansas filed a delinquency petition seeking to adjudicate B.J. a juvenile delinquent for committing the offense of rape, a Class Y felony, in violation of Arkansas Code Annotated section 5-14-103. In the petition, the State alleged that B.J. engaged in sexua... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284018/ | OPINION
THOMPSON, JUDGE:
The matter is before us on remand from the Kentucky Supreme Court. Our Supreme Court vacated this Court’s opinion rendered on June 7, 2013, and directed that we consider the issue of qualified official immunity in light of its decisions in Marson v. Thomason, 438 S.W.3d 292 (Ky.2014). We have ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284019/ | OPINION
MAZE, JUDGE:
Kentucky Spirit Health Plan, Inc., (hereinafter “Kentucky Spirit”) appeals from a decision of the Franklin Circuit Court granting summary judgment in favor of *726the numerous appellees in this case (collectively “the Commonwealth”). Specifically, Kentucky Spirit argues that the circuit court erro... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284020/ | Order
Per Curiam
John Gunn appeals from the judgment denying his Rule 29.15 motion, after he was convicted of second-degree burglary and first-degree robbery. Gunn contends the judge erred in not recusing himself from the post-conviction proceedings; the court erred in not disqualifying the public defender from represe... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284089/ | *278ORDER
PER CURIAM. .
Stephanie Brown (“Brown”) appeals from the judgment of the trial court dismissing her fourth amended petition and entering judgment oh the counterclaims of S.A. Group and U.S. Bank. Brown asserts nine points on appeal.
We have reviewed the briefs of the parties and the record on appeal and find ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284022/ | ORDER
PER CURIAM:
Following a jury trial, Appellant Cher-valdric Williams was convicted in the Circuit Court of Platte County of one count of statutory rape in the second degree under § 566.034, RSMo, and one count of statutory sodomy in the second degree under § 566.064, RSMo. Williams was sentenced to four years in p... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284023/ | ORDER
PER CURIAM:
Robert Williams appeals from the Circuit Court of Platte County’s 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 e... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284024/ | Anthony Rex Gabbert, Judge
Dari and Deloris Ferguson appeal the circuit court’s judgment denying their petition for ejectment and granting fee simple title by adverse possession of 22 feet of land to Peggy Hoffman on her counterclaim for quiet title. In their sole point on appeal the Fergusons contend that the court er... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284025/ | ORDER
PER CURIAM.
Appellant Corey Buckley (“Buckley”) appeals from the judgment of the motion court denying his Rule 24.035 motion for post-conviction relief without an evidentia-ry hearing. On appeal, Buckley claims the motion court clearly erred in denying his motion for post-conviction relief because he was denied ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125598/ | Judgment affirmed. Opinion by
Talcott, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125599/ | Order affirmed. Opinion by
Talcott, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2434569/ | 970 N.E.2d 626 (2009)
386 Ill. App. 3d 1124
PEOPLE
v.
LaROCHE.
Nos. 2-07-0956, 2-07-0957.
Appellate Court of Illinois, Second District.
February 6, 2009.
Affirmed. | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5284027/ | ORDER
PER CURIAM
The petitioner, Robert Lynch, appeals the judgment of the Circuit Court of Jefferson County sustaining the administrative revocation of his driver’s license by the Director of Revenue following Lynch’s refusal to take a chemical test. Finding no error, we affirm.
*825An opinion would have no precedenti... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284029/ | ORDER
Per Curiam:
Mr. Gilbert E. Millette appeals the denial of his Rule 24.035 post-conviction relief motion. He claims that plea counsel was ineffective during the sentencing hearing.
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/5286392/ | OPINION
Yeary, J.,
delivered the opinion of the Court
in which Keller, P.J., and Keasler, Hervey, Richardson, Newell, Keel, and Walker, JJ. joined.
After being released from the penitentiary earlier than permitted by the statutory minimum sentence for his crime, Appellant was convicted of another crime, and his sentenc... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284031/ | ORDER
PER CURIAM:
Jamauhle Brown appeals his convictions following a jury trial for murder in the first degree, section 565.020, RSMo 2000, armed criminal action, 571.015, RSMo 2000, burglary in the first degree, section 569.160, RSMo 2000, commission of a felony in furtherance of street gang activity, section 578.425... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284032/ | Kurt S. Odenwald, Presiding Judge
Introduction
Appellant Harold Morse (“Morse”) appeals from the judgment of the motion court denying his Rule 29.151 motion for post-conviction relief without an evidentia-ry hearing. Following a jury trial, Morse was convicted of one count of concealing a prohibited item in a correct... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284033/ | WILLIAM W. FRANCIS, JR., C.J./P.J.
Digital Monitoring Products, Inc. (“Employer”), appeals the decision of the Labor and Industrial Relations Commission (“Commission”) finding Scott Zinevich (“Zinevich”) was not disqualified for benefits by reason of misconduct connected with work. We affirm the Commission’s decision.
... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284034/ | ROBERT M. CLAYTON III, Judge
St. Louis County, Missouri (“the County”) appeals the trial court’s judgment awarding American Eagle Waste Industries, LLC (“American Eagle”), Meridian Waste Services, LLC (“Meridian”), and Waste Management of Missouri, Inc. (‘Waste Management”) (collectively “Haulers”) damages on their dec... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284035/ | JUSTICE GREEN
delivered the opinion of the Court.
In this ease of first impression, we must interpret Chapter 95 of the Texas Civil Practice and Remedies Code, which relates to limitations on a property owner’s liability for injury, death, or property damage to an independent contractor. See Tex. Civ. Prac. & Rem. Code... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284036/ | OPINION
Martha Hill Jamison, Justice
The parties to this appeal dispute the meaning of a contractual indemnity provision. The trial judge granted summary judgment agreeing with appellees’ interpretation. We agree with appellants’ interpretation and, therefore, reverse. Concluding, however, that appellants have not esta... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284037/ | Kem Thompson Frost, Chief Justice,
dissenting.
The main issue in this appeal is whether the language of a contractual indemnity provision is ambiguous. Both sides say its meaning is clear, yet they say it means different things. The trial court concluded that the defendants’ interpretation is the unambiguous meaning of... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284038/ | OPINION
Scott K. Field, Justice
Paul DeNucci, a minority shareholder in a closely held corporation, eStrategy Solutions, Inc. (ESS), alleged that John Matthews, the majority shareholder, president, and treasurer of the corporation, breached his fiduciary duties and committed fraud by, among other things, funding distr... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284039/ | KAREN R. BAKER, Associate Justice | ,On October 30, 1979, Appellant, Steven Wayne Bramlett, entered a negotiated plea of guilty to attempted capital murder and was sentenced to life in the Arkansas Department of Correction. The record demonstrates that Bramlett was seventeen years old when he committed this offense. O... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284040/ | OPINION
J. LAMBERT, JUDGE:
Troy Hudson appeals from the Campbell Family Court’s custody and visitation order entered on July 3, 2014. After careful review, we affirm.
The parties in this action were never married, but have one child together, a son, J.C., who is now two years old. Ashley and Troy met while attending W... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284043/ | ORDER
PER CURIAM:
Eric Butkovich appeals from a summary judgment entered in the Circuit Court of Jackson County in favor of Theresa Williams, Teri Round, and the City of Lee’s Summit, Missouri in a Missouri Human Rights Act (“MHRA”) suit filed by Butkovich. After a thorough review of the record, we conclude that the t... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284044/ | ORDER
Per curiam:
Ray Edward Stallings, II appeals from the trial court’s judgment awarding Tif-fane Loxterman sole legal and sole physical custody of the parties’ daughter and granting Stallings supervised visitation. Stallings argues that the trial court erred in entering its judgment because the evidence presented a... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284045/ | Order
Per Curiam:
Tosh A. Graff appeals from the judgment of the Circuit Court of Jackson County, Missouri, finding him guilty, following a bench trial, of driving while intox*457icated (“DWI”) as a persistent DWI offender. Because a published opinion would have no precedential value, a memorandum of law has been provi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284294/ | ORDER
Per Curiam:
Elaina Fulton appeals the circuit court’s Judgment for Interest on Supersedeas Bond and Termination of Modifiable Maintenance, claiming that the circuit court erred in failing to apply the correct statutory rate of interest to the property equalization payments owed by Jeffrey Fulton in their dissolut... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284047/ | ORDER
PER CURIAM
Calvin B. Taylor (Defendant) appeals from the judgment upon his conviction for one count of first-degree murder, in violation of Section 565.020, RSMo 2000,1 one count of armed criminal action, in violation of Section 571.015. The trial court sentenced Defendant as a prior and persistent offender to c... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284048/ | ORDER
PER CURIAM.
Ernest Ray appeals the judgment entered upon his conviction by jury of robbery in the first degree and armed criminal action. 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. ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284049/ | ORDER
PER CURIAM
Willie Wilson (Movant) appeals the denial of his Rule 24.035 post-conviction motion without an evidentiary hearing following his convictions for two counts of domestic assault. Movant claims the motion court clearly erred in denying his post-conviction motion because the trial court improperly subjecte... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125600/ | Judgment of the County Court affirmed. Opinion by
Talcott, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284050/ | ORDER
PER CURIAM.
Appellant Paul Parker (“Parker”) appeals from the judgment of the motion court denying his Rule 24.0351 motion for post-conviction relief without an evidentia-ry hearing. Parker sought to set aside his guilty plea and conviction for one count of burglary and one count of misdemeanor stealing. On appe... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284090/ | ORDER
PER CURIAM
Eric Otis appeals the judgment of the Circuit Court of the City of St. Louis denying his Rule 24.035 motion for post-conviction relief after an evidentiary hearing. We affirm the motion court’s judgment.
No error of law appears. An extended opinion wpuld have no precedential value. The parties have be... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5286393/ | DISSENTING OPINION
Alcala, J.,
filed a dissenting opinion.
The court of appeals got this one exactly right. I would affirm its judgment reversing the sentence imposed against Phillip Devon Deen, appellant, and awarding him a new punishment hearing. I agree with the court of appeals that, under the facts of this case, t... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5286394/ | OPINION
Yeary, J.,
delivered the opinion of the Coui't
in which Keller, P.J., and Keasler, Richardson, Newell, and Keel, JJ., joined.
Pleading guilty to the offense of sexual assault in 1984, Appellant was convicted and later required to register as a sex offender. Twice after that, in 2007 and then again in 2009, he w... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284052/ | ORDER
PER CURIAM.
Larry Cordell 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 24.035.1 We have reviewed the briefs of the parties and the record on appeal and conclude the judgment of th... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284053/ | ORDER
PER CURIAM.
K.M. (Appellant) appeals from the trial court’s Judgment Reviving Judgments entered December 19, 2014. We have reviewed Appellant’s brief1 and the record on appeal and conclude the trial court’s judgment is supported by substantial evidence and does not erroneously declare or apply the law. Murphy v.... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284054/ | PER CURIAM
We face two questions regarding liability following an accident between a tandem truck1 and a car. First, we consider whether the party contracting with the truck driver’s employer can be held liable as a motor carrier under either the Federal Motor Carrier Safety Regulations (Federal Regulations) or their T... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284057/ | OPINION
Tracy Christopher, Justice
This is an appeal from a nonjury trial of two sets of competing breach-of-contract claims between the parties to a commercial lease and the parties to a sublease of the same property. James and Gidget Archer challenge the legal sufficiency of the evidence to support the judgment again... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284062/ | ORDER
PER CURIAM.
Cynthia Hermann (Appellant) appeals from the trial court’s judgment granting the Missouri State Public Defender System’s, Cathy Kelly’s, and Mary Fox’s (collectively Respondents) Motion for Directed ■Verdict on Appellant’s retaliation claim in her Petition alleging employment discrimination under the... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284064/ | ORDER
PER CURIAM
Anton Fantroy appeals the judgment of the Circuit Court of the City of St. Louis denying his Rule 29.15 motion for post-conviction relief. We affirm the motion court’s judgment.
No error of law appears. An extended opinion would have no precedential value. The parties have been furnished with a memora... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284066/ | ORDER
PER CURIAM
City of Maryland Heights (“Appellant”) appeals from a judgment of the Missouri Labor and Industrial Relations Commission (“the Commission”) finding that William Wagner (“Respondent”) had sustained a thirty percent permanent partial disability of his low back and ten percent permanent partial disabilit... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284067/ | *809
ORDER
PER CURIAM
Howard Danzig (Danzig) appeals pro se from the trial court’s judgment in favor of the Missouri Department of Labor and Industrial Relations, Division of Employment Security (Division) and against Dan-zig as to the Division’s petition to enforce administrative subpoena duces tecum and ordering Dan... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284068/ | ORDER
PER CURIAM
William Carson (Movant) appeals the denial of his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. Movant claims the motion court clearly erred in denying his post-conviction motion because his trial counsel was ineffective for failing to: (1) locate and call a witness at ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125601/ | Judgment of County Court affirmed. Opinion by
Smith, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125602/ | New trial ordered, costs to abide event. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284070/ | ORDER
PER CURIAM.
Latoya Carter appeals from the motion court’s judgment denying her Rule 24.0351 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 24.035(k). An extended opinion would have no... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/584953/ | 966 F.2d 1453
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.John MOORE; Kathy Moore, Parents of Kevin Moore, a m... | 01-04-2023 | 08-23-2011 |
https://www.courtlistener.com/api/rest/v3/opinions/5284071/ | ORDER
PER CURIAM:
Following a jury trial, Ralph Willis was convicted in 2010 in the Circuit Court of Jackson County of second-degree (felony) murder, first-degree endangering the welfare of a child, and child abuse. The charges stemmed from the death of a six-month-old infant in his care. Willis filed a motion for post... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284072/ | OPINION
Bob Pemberton, Justice
This is an interlocutory appeal of an order denying a plea to the jurisdiction asserted by a municipality and three official-capacity defendants.1 We will affirm the order.
The underlying dispute arises under the Civil Service Act, now codified in Chapter 143 of the Local Government Code... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284073/ | OPINION
Opinion by
Justice Schenck
Relator filed this petition for writ of mandamus requesting that the Court order the trial court to vacate its January 9, 2015 order denying relator’s plea to the jurisdiction, vacate its March 16, 2015 order granting summary judgment declaring Brar is not president of the non-profit ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284074/ | JOSEPHINE LINKER HART, Associate Justice The appellees1 (the School Districts) in Kimbrell v. McCieskey, 2012 Ark. 443, 424 S.W.3d 844 (the first appeal), are now before this court as appellants seek-irig" to reverse an adverse order -of the circuit court following our opinion and mandate in the first appeal. On appeal... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284075/ | OPINION OF THE COURT BY
CHIEF JUSTICE MINTON
Litigants have historically been permitted to conduct ex parte1 interviews with *143fact -witnesses. These interviews serve various purposes but are mainly directed at investigating the facts of the case and curtailing litigation costs by allowing litigants to gauge. the -us... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5286546/ | Laura Denvir Stith, Judge
Norfolk Southern Railway Company, a Virginia corporation, seeks a writ of prohibition directing the trial court to dismiss the underlying personal injury action brought against it under the Federal Employer’s Liability Act (FELA), 45 U.S.C. §§ 51 et seq. Norfolk alleges Missouri has no persona... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5286547/ | Anthony Rex Gabbert, Judge
John C. Sanders appeals from the denial, without an evidentiary hearing, of his Rule 24.035 motion for post-conviction relief. He asserts three points on appeal. First he contends that the motion court clearly erred in denying his motion without an evidentiary hearing because he alleged facts... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284078/ | COMBS, JUDGE,
CONCURRING:
I write separately solely to address the nature of the prehearing statement as discussed in the majority opinion. In the cape upon which it relies, Capital Holding Corp. v. Bailey, 873 S.W.2d 187, 197 (Ky.1994), the Supreme Court held that “failure to observe strict compliance with CR 76.03 is... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284080/ | Richard B. Teitelman, Judge,
dissenting.
I respectfully dissent from the principal opinion to the extent it holds that Jefferson Bank’s actions.did not violate the implied covenant of good faith and fair dealing.1 “Good faith is an ‘obligation imposed by law'to prevent opportunistic behavior, that is, the exploitation ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284081/ | PER CURIAM
This case, raises the issue of whether a challenge to the sufficiency and fairness of a ballot title of a proposed measure may be *193brought after the measure was adopted by voters. This Court holds that a post-election challenge to ballot titles can be brought under chapter 115.1 As the ballot title was su... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284082/ | Zel M. Fischer, Judge,
concurring.
I concur fully in the principal opinion. I write separately to emphasize that the purpose of the constitutional amendment (Senate Committee Substitute For Senate Joint Resolution 36 (“SJR 36”)) was not to 'change the law but to make sure the Missouri Constitution is at least as protec... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284084/ | ORDER
PER CURIAM:
Charles Burgett appeals the judgment following a bench trial in favor of Security. Storage Properties (SSP) on his claim for conversion. He further appeals the summary judgment in favor of SSP and Kansas City Police Officer Conrad Stum-penhaus on his claims for malicious prosecution, slander and libe... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284085/ | ORDER
PER CURIAM
The father, P.L.L., challenges the judgment of the Circuit Court of Madison County terminating his parental rights to the child, R.A.L., who was nine years old at the time of trial.1 We have , reviewed the parties’ briefs and the record on appeal and find no error.
An opinion would have no precedential... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284086/ | ORDER
PER CURIAM
Jason A. Parrent (Movant) appeals from the motion court’s Findings of Fact and Conclusions of Law on Movant’s Amended Motion to Vacate, Set Aside, or Correct Judgment and Sentence and Request for Evidentiary Hearing denying Movant’s Rule 29.15 claims for post-conviction relief. We affirm.
We have revi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284087/ | ORDER
PER CURIAM.'
Lawrence Madison (“Movant”) appeals from the judgment denying his Rule 29.15 motion without-an evidentiary hearing.
We have reviewed the briefs of the parties and the record on appeal- and find the motion court did not.clearly err in denying Movant’s motion for post-conviction relief. An opinion woul... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284088/ | ORDER
PER CURIAM.
David Lee Martin appeals the judgment entered upon a jury verdict convicting him of six counts of first-degree child molestation, two counts of victim tampering, and three counts of third-degree assault. -.We find no error has occurred.
No jurisprudential purpose would be served by a written opinion.... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284091/ | ORDER
PER CURIAM.
Scott Williams, Jr. 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 conclude that the motion court’s judgment was not clearly erroneous. An extended opinion w... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284092/ | ORDER
PER CURIAM
Virgil Anthony Stallone (“Movant”) appeals from the motion court’s judgment, following an evidentiary hearing, denying his amended motion for post-conviction relief pursuant to Rule 29.15. Movant was found guilty, after a jury trial, of first-degree statutory sodomy, an unclassified felony in violatio... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125603/ | J udgment affirmed with costs. Opinion by
Talcott, J.;
Mullin, P. J., not sitting. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2441211/ | 970 N.E.2d 133 (2008)
385 Ill. App. 3d 1141
361 Ill. Dec. 133
PEOPLE
v.
JOHNSON.
No. 2-07-1266.
Appellate Court of Illinois, Second District.
December 23, 2008.
Affirmed. | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5284093/ | ORDER
PER CURIAM
• Curtis Selvey appeals the judgment of the Circuit Court of St. Charles County denying his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. We ■ affirm the motion court’s judgment.-
No error of law appears. An extended opinion would have no precedential value. The parties ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284094/ | *281ORDER
Per Curiam:
Mr. Phillip D. Martin appeals the denial of his Rule 24.035 post-conviction relief motion. He claims' that he was forced to plead guilty to the charged offenses because defense counsel failed to prepare for trial.
For reasons stated in the memorandum provided to the parties, we affirm. Rule 84.16(... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284095/ | Order
Per Curiam:
Alicia Dailey appeals the judgment entered against her, in favor of the Fulton ' Housing Authority (FHA), on its claims for unlawful detainer and breach of contract, for which the court awarded $1,256.64 in damages. ■ Dailey argues that the court erred in “sustaining the Fulton Housing Authority’s dec... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284096/ | ORDER
. Per curiam: ■
Appellant appeals from a judgment entered in the Circuit Court of Henry County granting a full order of protection *297against him. Because sufficient evidence supports the entry of the full order of protection, we affirm. A memorandum setting forth the reasons for this order has been provided to ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284097/ | ORDER
PER CURIAM:
Tyler Toomay appeals from the Circuit Court of Jackson County’s denial, of his Rule 24.035 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 ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284098/ | MEMORANDUM OPINION
MELISSA GOODWIN, Justice.
These cross-appeals concern the constitutionality of cosmetology statutes and administrative rules as they apply to eyebrow threading. See Tex. Oce.Code Ann. §§ 1601.002, 1601.251, 1602.002, 1602.251, 1602.403 (West 2004 & Supp.2011); 16 Téx. Admin. Code §§ 83.1-83.120 (201... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284099/ | OPINION
Opinion by Justice Francis
Anthony Hill pleaded guilty to shooting a man during a robbery and was sentenced to forty-five years in prison. Months later, the complainant died, allegedly from complications of the gunshot wound he received during the aggravated robbery. Thereafter, the State indicted Hill for capi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284100/ | . BART F. VIRDEN, Judge hThe Craighead County Circuit Court adjudicated appellant S.C. delinquent for filing a false report of rape.1 She was sentenced to serve ninety days in juvenile detention and ordered to perform 160 hours of public service, have no contact with the accused, and work on getting her GED. S.C. argue... | 01-04-2023 | 01-07-2022 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.