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https://www.courtlistener.com/api/rest/v3/opinions/5284206/ | PER CURIAM.
Walter Waring timely filed an indigency affidavit and pro se motion for Rule 24.035 relief from his felony DWI convictions. The motion court summarily denied relief without appointing counsel for Waring, *571who claims this was error. The state agrees, as do we.
“When an indigent movant files a pro se motio... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284208/ | Order
Per Curiam
Appellant Janet Daniel appeals from the Circuit Court of DeKalb County’s grant of summary judgment in favor of Respondents Janet M. Perry Van Wye, Michael Van Wye, and Rosalie E. Van Wye. After a thorough review of the record, we conclude that Respondents established they are entitled to judgment as a ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284209/ | ORDER
Per Curiam:
Mr. Ricky L. Haskins appeals the trial court’s judgment in favor of Ms. Jessica C. Toll. 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/5284210/ | Sherri B. Sullivan, P.J.
Introduction
Kenneth E. Storey, Trustee of the Kenneth E. Storey Revocable Trust Dated November 13, 1998 (Storey) appeals from the trial court’s grant of summary judgment in favor of RGIS Inventory Specialists, LLC (RGIS) and Nyra Campbell (Campbell) on Storey’s claims for breach of contract ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284211/ | ORDER
PER CURIAM
Charter Communications Operating, LLC appeals from the judgment entered in favor of SATMAP Incorporated and the Resource Group International Limited on *722Charter’s action to enforce a written Service Agreement and Unconditional Guaranty to refund the unused portion of a Prepayment made by Charter. W... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284213/ | Justice Devine
delivered the opinion of the Court,
in which Chief Justice Hecht, Justice Green, Justice Willett, Justice Guzman, Justice Lehrmann, and Justice Brown joined.
The Texas Public Information Act gives the public the right to access information the government collects. Tex. Gov’t Code § 552.221. Although most... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284214/ | Justice Boyd,
dissenting.
Like the Court, I conclude that persons who are not governmental bodies may assert section 552.104 of the Texas Public Information Act as an exception to mandatory disclosure of information in which they have a privacy or property interest, but I would hold that the Boeing Company has not conc... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284217/ | DISSENTING OPINION
Dissenting Opinion by:
Rebeca C. Martinez, Justice
Because I disagree with the majority’s conclusion that Father made a general appearance by and through his court-appointed ad litem attorney in this parental termination case, thus waiving any complaint about service and failing to show error on the ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284218/ | RHONDA K. WOOD, Associate Justice h Under our guardianship statutes, a court may terminate a guardianship if it is no longer necessary or if it is in the ward’s best' interest. We hold that a guardianship is no longer necessary when a fit parent who consented to a guardianship revokes consent. Here, the circuit court’s... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284219/ | Paul E. Danielson, Justice, dissenting. I respectfully dissent. Yet again, a majority of this court has chosen to disregard our standard of review and substitute its judgment for that of the circuit court. In doing so, it has rejected any deference whatsoever to the circuit court, which was clearly in the superior posi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284220/ | BRANDON J. HARRISON, Judge |, Hailey Michelle Turman appeals a sentencing order that the circuit court entered on 4 August 2014. She argues that her sentence is illegal because “the circuit court erred in imposing a sentence that was substantially in excess of the sentence permitted or requested in 'the petition to rev... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284221/ | LARRY D. VAUGHT, Judge | Appellant Francis Wise appeals the Arkansas Workers’ Compensation Commission’s (Commission) finding that she failed to prove by a preponderance of the evidence that she is entitled to additional pain-management treatment. We reverse and remand. Wise was employed by appellee Village Inn1 on July... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284222/ | OPINION OF THE COURT BY
JUSTICE VENTERS
On discretionary review, Appellant Loretta Sargent argues that the Court of Appeals erred in affirming a judgment of the Fayette Circuit Court absolving Appellee William Shaffer, M.D., from liability on Sargent’s claim that he failed to obtain her *202informed consent before oper... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284223/ | ABRAMSON, J.,
CONCURRING IN RESULT ONLY:
I respectfully concur in result only.
This is a case of first impression. Although KRS 304.40-320 was adopted in March 1976 and became effective in July of that year, this Court has never had occasion to address what effect, if any, the statute has on jury instructions. Neverthe... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284224/ | KELLER, J.
DISSENTING:
The majority cites to Wemyss v. Coleman, 729 S.W.2d 174 (Ky. 1987), Humana of Kentucky, Inc. v. McKee, 834 S.W.2d 711 (Ky. Ct. App. 1992), and Henson v. Klein, 319 S.W.3d 413, 425 (Ky. 2010) for the proposition that jury instructions should contain statutorily imposed duties. I agree; however, th... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284225/ | OPINION OF THE COURT BY
JUSTICE NOBLE
The Appellant, Lisa A. Daugherty, shot and killed her husband, Will Phelps. She was convicted of murder and of tampering with physical evidence for hiding the gun used in the shooting. She claims the trial court erred by keeping her from testifying that her husband was a felon, and... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284226/ | OPINION OF THE COURT BY
JUSTICE KELLER
A jury convicted Floyd Wright of complicity to first-degree trafficking in a controlled substance and of being a second-degree persistent felony offender (PFO II). During deliberations, the court permitted the jurors to use the Commonwealth’s attorney’s laptop computer to review a... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284227/ | OPINION OF THE COURT BY
JUSTICE BARBER
This workers’ compensation appeal involves entitlement to temporary total disability (“TTD”) benefits during a period of light-duty work and application of the two multiplier, KRS 342.730(1)(c)2. The ALJ denied both. The Workers’ Compensation Board (“Board”) and the Court of Appea... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284229/ | ORDER
Per Curiam:
Derrick C. Bluett appeals the circuit court’s judgment entered upon a jury verdict convicting him of murder in the first degree pursuant to Section 565.020, RSMo 2000. We affirm. Rule 30.25(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284230/ | Nancy Steffen Rahmeyer, J.
Opinion Author
Shanna and Lance Painter (collectively, “Plaintiffs”) appeal the trial court’s entry of summary judgment on their Second Amended Petition in favor of John Henry (“Henry”), Darrell R. LeAn, Jr. (“LeAn”), Rhonda Rogers (“Rogers”) and Leonard Walburn (“Walburn”) (collectively, the... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284231/ | JEFFREY W. BATES, J.
The Willows Condominium Owners Association, Inc. (the Association) filed the underlying action to obtain declaratory relief concerning the proper distribution of surplus insurance proceeds that remained after the reconstruction of Building 158, which had been totally destroyed by fire. The defendan... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284232/ | ORDER
Per Curiam:
Mr. Ronald W. Greer, Jr., appeals the convictions of forcible rape, § 566.030, forcible sodomy, § 566.060, and armed criminal action, § 571.015. Mr. Greer challenges the admission of certain evidence as violations of his constitutional rights.
For reasons stated in the memorandum provided to the parti... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125617/ | Judgment entered irregularly on the verdict set aside, and new trial ordered, costs to abide event. Opinion by
Talcott, P. J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125618/ | Judgment and order affirmed. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2180826/ | 19 Mich. App. 48 (1969)
172 N.W.2d 53
PEOPLE
v.
TYRER
Docket No. 5,303.
Michigan Court of Appeals.
Decided August 27, 1969.
Leave to appeal granted March 19, 1970.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, S. Jerome Bronson, Prosecuting Attorney, and Dennis Donohue, Chief Appellate Cou... | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5285287/ | SUBSTITUTE OPINION
Martha Hill Jamison, Justice
We issued our original opinion and judgment in this case on March 8, 2016. Ap*499pellant Tokes Adeleye subsequently filed a motion for rehearing in which he indicated that he had' filed for bankruptcy prior to the initiation of this divorce action in the trial court. We g... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284233/ | ORDER
Per curiam:
This appeal arises from the denial of a motion for post conviction relief. Jeffrey Sterling was convicted by a Jackson County jury of one count of murder in the *395second degree, a class A felony, and one count of armed criminal action. The trial court sentenced Sterling to twenty years on the murder... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284234/ | ORDER
PER CURIAM.
Corey McClendon (Defendant) appeals from the judgment of conviction entered by the Circuit Court of St. Louis County after a jury found him guilty of two counts of forcible sodomy and one count of kidnapping. Defendant claims that the trial court erred in: (1) denying his motion for a mistrial during... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284235/ | ORDER
PER CURIAM
The State of Missouri brings this interlocutory appeal after the trial court sustained defendant Robert Eugene Browne’s motion to suppress items seized during a search of his home. No jurisprudential purpose would be served by a written opinion. We have furnished the parties with a memorandum, for thei... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284236/ | ORDER
PER CURIAM
Searl Dunn (“Movant”) appeals the judgment of the motion court denying his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. In his sole point on appeal, Movant contends the motion court clearly erred in denying his motion without an evidentiary hearing because his trial cou... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284240/ | OPINION OF THE COURT BY
JUSTICE NOBLE
This case raises two legal questions. First, does a court in this state have the authority to alter the duration of a child support order issued by another state when the court in this state exercises jurisdiction under the Uniform Interstate Family Support Act? Second, does a cour... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284241/ | OPINION
NICKELL, JUDGE:
The question before us is whether University Medical Center, Inc. (“UMC”)1— *792operator of University of Louisville Hospital and related facilities (“ULH”) — is a public agency within the scope of Kentucky’s Open Records Act (“Act”).2 Two paths have been suggested to conclude UMC is a public a... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284242/ | OPINION
VANMETER, Judge:
Appellants, Tammy Gray, Nicole Johnson, and Bridget Feinauer appeal from the Kenton Circuit Court’s order granting Kenton County, Kentucky, summary judgment on appellants’ claims alleging sexual harassment under the Kentucky Civil Rights Act. For the following reasons, we affirm.
Appellants we... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284243/ | ORDER
Per Curiam:
Terrence Curry appeals from a judgment denying his Rule 24.035 motion for post-conviction relief after he pleaded guilty to two counts of robbery in the first degree, six counts of forcible sodomy, one count of attempted forcible rape, and one count of forcible rape. We affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284245/ | Order
Per Curiam
Randall Evans appeals his conviction for first-degree murder, following a jury trial. Evans raises three points, contending the circuit court abused its discretion in: (1) denying his motion for change of judge, (2) excluding evidence of a witness’s videotaped interview, and (3) limiting his ability to... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285288/ | OPINION OF THE COURT BY
JUSTICE VENTERS
Appellant, John Charalambakis, appeals from a decision of the Court of Appeals which affirmed the summary judgment entered in the Jessamine Circuit Court dismissing Appellant’s ICRS 344.040 wrongful discrimination claim and his KRS 344.280 wrongful retaliation claim brought again... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285289/ | . OPINION OF THE COURT BY
JUSTICE HUGHES "
On May 21, 2011, Appellant Jerry Jam-gotchian claimed Rochitta, a bay filly, for $42,400 in a claiming race at Churchill Downs in Louisville, Kentucky. Foaled February 26, 2008 in Pennsylvania, Rochit-ta was first purchased at the 2009 Keene-land Yearling. Sales in Lexington, ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284250/ | ORDER
PER CURIAM
The Missouri State Highway Patrol (MSHP) appeals the trial court’s Judgment and Order of Expungement of Arrest Records in favor of K.M. MSHP argues that the trial court erred in granting KM.’s petition for expungement because K.M. did not prove the elements entitling her to expungement under the statu... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284253/ | Gary R. Wade, J.,
dissenting.
Tennessee Code Annotated section 29-26 — 121(a)(1) provides that any person who has a potential claim for health care liability must serve written notice on each defendant at least sixty days before filing a complaint. In this case, the Court of Appeals held that Samuel E. Foster and his w... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284254/ | OPINION
Opinion by:
Patricia O. Alvarez, Justice
Appellant Whitney Brewster, Executive Director of the Texas Department of Motor Vehicles, asserted immunity from suit in the underlying cause regarding TxDMVs decisions affecting four vehicle titles. The trial court denied her plea to the jurisdiction, and she appeals. B... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284255/ | OPINION
David Puryear, Justice
This case presents an issue of first impression: whether a “rent-to-own” business whose majority of revenues comes from making merchandise available to customers via “rental-purchase” agreements is “primarily engaged in retail trade” for Texas franchise-tax purposes.1 The Comptroller aud... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284256/ | BRANDON J. HARRISON, Judge JjV.S. appeals the denial of his motion to transfer to the juvenile division of the circuit court. We affirm in part and reverse and dismiss in part. In March 2014, fifteen-year-old V.S. was charged with kidnapping, aggravated robbery, theft of property, and aggravated assault in CR-14-700. I... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284258/ | OPINION OF THE COURT BY
JUSTICE ABRAMSON
Guilty pleas have become the means by which the vast majority of criminal prosecutions are resolved.1 The guilty plea process and the validity of the judgments resulting from that process are therefore matters of substantial public importance. This case, in which Mikail Sajjaad ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284259/ | CUNNINGHAM, J.,
CONCURRING IN RESULT ONLY:
I respectfully concur in result only. Since the Appellant is not incarcerated, I would dismiss this appeal as moot. The writ of habeas corpus (“you have the body”) is a right deeply rooted in the English common law going back over one thousand years. It is the most cherished l... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284260/ | OPINION OF THE COURT BY
CHIEF JUSTICE MINTON
A circuit court jury convicted Quintín Danell Lackey of second-degree escape and of being a first-degree Persistent Felony Offender. The resulting sentence was enhanced from five years’ imprisonment on the escape conviction to twenty years’ imprisonment as a persistent felon... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284262/ | DON E. BURRELL, J.
This consolidated appeal requires us to interpret the terms of a loan agreement between Plaintiff John Walter Phillips (“Lender”) and Defendant Missouri TLC, LLC (“Borrower”). Defendants Doyle and Dennis Frost are members of Borrower. At the time of the loan, Dennis was married to Defendant Sandy Fro... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284263/ | JEFFREY W. BATES, P.J.
Shelter Mutual Insurance (Shelter) appeals from a judgment ordering it to pay an additional $100,000 in underinsured motorist (UIM) benefits to John Michael Beshears, individually, and as personal representative of the estate of Sue Ellen Beshears, deceased.1 This controversy arose because Shelte... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284264/ | ORDER
PER CURIAM:
D.H. appeals the order of adjudication and disposition of the juvenile court finding that he committed assault in the second degree in violation of section 565.060, RSMo Cum. Supp. 2013. He contends that the evidence did not prove beyond a reasonable doubt that he was not acting in self-defense. Beca... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284265/ | *428ORDER
Pei- Curiam
Mark Westhusing appeals from the circuit court’s judgment awarding Rebbeca Lake Wood, Personal Representative for the Estate of Brandy Rye, a money judgment for one-half the value of assets that Westhusing and Rye acquired during the 13 years that they lived together. Wes-thusing contends the circ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125620/ | Judgment affirmed on the opinion of the referee, with costs to the respondents, to be paid out of the estate. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125621/ | Judgment affirmed. Opinion by
Smith, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125622/ | Judgment affirmed on opinion of Mr. Justice Barker, at Special Term. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284266/ | ORDER
PER CURIAM:
Following a jury trial, Appellant Taurian Burton was convicted in the Circuit Court of Clay County of forcible rape, robbery, two counts of first-degree assault, and three counts of armed criminal action. The offenses occurred during a home invasion by Burton and his accomplice Anthony Taborn during t... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2189101/ | 915 N.E.2d 994 (2009)
FT. WAYNE PATROLMEN'S BENEV. ASS'N
v.
CITY OF FT. WAYNE.
Supreme Court of Indiana.
June 25, 2009.
Transfer denied. All Justices concur, except Dickson and Rucker, JJ., who vote to grant transfer. | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5284268/ | ORDER
PER CURIAM
The defendant, Edgar Coleman, appeals the judgment and sentence entered by the Circuit Court of St. Louis County following his conviction by a jury of three counts of resisting arrest, in violation of section 575.150 RSMo. (Supp. 2014), and one count of burglary in the first degree, in violation of sec... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284269/ | ORDER
PER CURIAM.
Quincy Threats (Appellant) appeals from the probate court’s judgment after a jury trial committing him to secure confinement in the custody of the Missouri Department of Mental Health (DMH) as a sexually violent predator (an SVP). We have reviewed the briefs of the parties and the record on appeal an... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284270/ | ORDER
PER CURIAM.
Jody Lee Davis (“Defendant”) appeals the judgment of the Circuit Court of St. Charles County convicting him of one count of possession of child pornography, in violation of section 573.037, RSMo (2000). Defendant contends the trial court erred in (1) denying his motion for acquittal at the close of al... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125623/ | Decree of surrogate affirmed, with costs, and proceedings remitted to the surrogate of Livingston county. Opinion by
Hardin, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125624/ | Judgment affirmed. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125625/ | Judgment affirmed.. Opinion by
Talcott, P. J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284271/ | ORDER
Per curiam:
Nickalaus C. Jimenez pled guilty to eleven counts of stealing, all of which he committed during his employment as an in-*468home carpet and restoration supervisor. Jimenez was sentenced to ten years on the first count, and to seven years on each of the remaining ten counts, to run concurrently. Jimene... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284272/ | KURT S. ODENWALD, Judge
Introduction
Appellant Ronald Tucker (“Tucker”) appeals from the judgment of the motion court denying his Rule 29.151 motion for post-conviction relief following a partial ev-identiary hearing. Tucker was found guilty, following a jury trial, of one count of first-degree statutory sodomy and t... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284578/ | ORDER
PER CURIAM
George Fede appeals the judgment entered on a jury verdict finding-him guilty of first-degree statutory sodomy, Section 566.062 RSMo. No jurisprudential purpose would be served by a written opinion. We have furnished the parties with a memorandum, for their information only, setting forth the reasons f... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284273/ | *477
ORDER
PER CURIAM
Gregory Moorehead (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 denying Movant’s Rule 29.15 claims for post-conviction relief. We affirm.
We have reviewed the briefs of the parties... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284274/ | ORDER
PER CURIAM
William Logan appeals from the Judgment of Contempt in favor of Ronald and Virginia Callison and the award of attorneys’ fees in the amount of $3,345.00. We affirm.
We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. No... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284275/ | CONCURRING OPINION
Yeary, J.,
filed a concurring opinion in which Johnson and Newell, JJ., joined.
This is a subsequent post-conviction application for writ of habeas corpus, brought pursuant to Article 11.071, Section 5 of the Texas Code of Criminal Procedure. Tex. Code Crim. Proc. art. 11.071, § 5. Such writ applica... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284276/ | OPINION
Opinion by: Karen Angelini, Justice
This appeal involves a personal-injury suit brought by Robert Scott Rankin and his family against United Parcel Service, Inc. and Roland Leal (collectively “UPS”). UPS appeals the over $4 million judgment granted in favor of Rankin and his family. We affirm.
BACKGROUND
On Jul... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284277/ | OPINION
Tracy Christopher, Justice
Appellants Khyati Undavia, Minu RX, Ltd., and MINU GP, LLC petitioned this court to allow a permissive interlocutory appeal of the April 24, 2015 partial denial of their motion for summary judgment in favor of appellees Avant Medical Group, P.A. d/b/a Interventional Spine Associates a... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284278/ | Opinion on Reheaeing
Opinion by:
Sandee Bryan Marion, Chief Justice
This is an appeal from the trial court’s denial of appellants’ request for a temporary injunction. On January 14, 2015, we dismissed the appeal as moot. Appellants filed a motion for rehearing. In an order dated April 27,2015, this court granted the mo... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284279/ | OPINION
Kem Thompson Frost, Chief Justice
This single-issue appeal arises from a subrogation suit involving a claim by the subrogee of a fire department for damages to a fire truck sustained in a collision with another vehicle. The jury found that the fire department’s recklessness did not proximately cause the crash. ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284282/ | OPINION OF THE COURT
Appellant, Berry Hall, was found guilty but mentally ill of murdering Lisa and Alan Tackett by shooting them and wantonly endangering their four children. The facts surrounding the shootings were largely undisputed, and the primary issue at trial related to Hall’s affirmative defense of insanity an... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284283/ | NOBLE, J.,
CONCURRING IN PART AND DISSENTING IN PART:
I concur in the majority’s reversal of Hall’s convictions, but I would go a step farther to hold that he was entitled to a directed verdict of acquittal on the four wanton-endangerment counts and thus cannot be retried for them. I disagree with the majority’s conclu... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284284/ | CERTIFYING THE LAW
OPINION OF THE COURT BY
JUSTICE CUNNINGHAM
Today we certify that the producer severing natural gas from the earth is solely responsible for the payment of the severance tax. Of course, this rule can be altered through agreement.
On the first day of December, 1944, widower Robert Williams surrendered... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284285/ | VENTERS, J.,
CONCURRING:
I concur with the majority opinion. However, while I find it relevant that KRS Chapter 143A identifies the producer (here, EQT) rather than the royalty owner (Appalachian Land) as the ultimate taxpayer, I further believe that the calculation of the royalty is less a question of legislative inte... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284286/ | ABRAMSON, J.,
DISSENTING:
I respectfully dissent. Pursuant to Kentucky Rule of Civil Procedure (CR) 76.87(1), the United States Court of Appeals for the Sixth Circuit certified the following question of Kentucky law:
Does Kentucky’s “at the well” rule allow a natural-gas processor to deduct all severance taxes paid at ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284287/ | OPINION OF THE COURT BY
. JUSTICE ABRAMSON
Cedric McNeil appeals as of right from a Judgment of the Jefferson Circuit Court convicting him of first-degree robbery, Kentucky Revised Statute (KRS) 515.020, and first-degree assault, KRS 508.010. In accord with the jury’s recommendations, *861the trial court sentenced McNe... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284288/ | OPINION
THOMPSON, JUDGE:
A jury found Christopher Lee Jackson guilty but mentally ill of assault in the third degree, and he was sentenced to three-years’ imprisonment. In this direct appeal, Chris alleges that the trial court impermissibly permitted the prosecution to introduce rebuttal testimony regarding his statem... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284289/ | OPINION
NICKELL, JUDGE:
We granted discretionary review of Jerry Smothers’ challenge of the Jefferson Circuit Court’s order affirming the Jefferson District Court’s entry of summary judgment in favor of Baptist Hospital East in a collection action against him stemming from unpaid medical bills incurred on behalf of Sm... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284290/ | ORDER
Per Curiam:
Justin Berry appeals the circuit court’s Judgment of Paternity, Child Custody and Child Support entered on June 26, 2014. We affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284291/ | Order
Per Curiam:
Braulio Gomez appeals the denial, after an evidentiary hearing, of his Rule 29.15 motion for post-conviction relief. Gomez argues that the motion court clearly erred in denying his claims because trial counsel was ineffective in failing to call two witnesses at Gomez’s trial. But because trial counsel... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125626/ | Appeal dismissed. Opinion by
Talcott, P. J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284292/ | ORDER
Per Curiam:
Kristine Rohr-Sheil appeals the circuit court’s Judgment and Decree of Dissolution of Marriage. Brendan Sheil cross-appeals. We affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2184265/ | 265 Cal. App. 2d 161 (1968)
LENORA HILTS et al., Plaintiffs and Respondents,
v.
COUNTY OF SOLANO et al., Defendants and Appellants.
Civ. No. 24266.
California Court of Appeals. First Dist., Div. One.
Aug. 26, 1968.
McGregor, Bullen & McKone, James G. Van Noy, Jr., Rust & Hoffman, Douglas Newlan, Ellis J. Horvitz an... | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5284293/ | *906ORDER
Per Curiam:
Jason J Brior appeals from the circuit court’s judgment convicting him of statutory sodomy in the first degree, sexual exploitation of a minor, and possession of child pornography following a jury trial. We affirm. Rule 30.25(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285290/ | OPINION
KRAMER, JUDGE:
Michael Marino appeals the Nelson Circuit Court’s judgment convicting him of first-degree rape and first-degree burglaty. After a careful review of the record, we affirm because the saliva in the Styrofoam cup was constitutionally obtained and the subsequent evidence obtained from Marino’s blood... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285291/ | OPINION.
VANMETER, JUDGE: '
KRS1 439.265(2) directs that the trial court shall consider any motion for shock probation within 60 days of its filing and enter a ruling within 10 days after considering the motion. Hence, the trial court has a total of .70 days from the time of filing, to make: a ruling on a motion for sh... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2184857/ | 68 N.J. 156 (1975)
KELLY MURPHY
v.
MOORESVILLE MILLS.
The Supreme Court of New Jersey.
June 4, 1975.
Petition for certification denied. (See 132 N.J. Super. 197) | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5284295/ | ORDER
Per curiam:
The parents of two children appeal a judgment terminating them parental rights, arguing that no substantial evidence was presented showing that termi*907nation of parental rights was in the children’s best interests. Because substantial evidence was presented which supports the trial court’s conclusio... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284296/ | ORDER
PER CURIAM
The defendant, Brandon Watkins, appeals the judgment and sentence entered by the Circuit Court of the City of St. Louis following his conviction by a jury of one count of third-degree domestic assault, a class A misdemeanor in violation of section 565.074 RSMo. (Supp. 2014).1 The trial court sentenced ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284298/ | ORDER
PER CURIAM
Michael L. Arnold, Sr., (Movant) appeals from the motion "court’s Findings of Fact and Conclusions of Law (Judgment) on Movant’s Amended Motion to Vacate, Set Aside, or Correct Judgment and Sentence denying Movant’s Rule 29.15 claims for *909post-conviction relief (PCR Motion). We affirm.
We have revi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125628/ | New trial denied and judgment ordered for plaintiff on the verdict. Opinion by
Hardin, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284300/ | ORDER
PER CURIAM
Dejuan Thompson appeals from the motion court’s denial of his Rule 29.15 motion for post-conviction relief after an eviden-tiary 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 served by a written opinion. Howev... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125646/ | Proceedings reversed with costs. Opinion by
Hardin, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284303/ | OPINION
Opinion by:
Rebeca C. Martinez, Justice
Anderson Energy Corporation and El-lersly, Inc. (collectively, “Anderson”) appeal the summary judgment entered in favor of Dominion Oklahoma Texas Exploration & Production, Inc. and HighMount Exploration & Production Texas, LLC (collectively, “HighMount”). Anderson’s appe... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/3107996/ | NO. 07-10-00288-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JUNE 15, 2011
BIENVENIDO ORTE... | 01-04-2023 | 10-16-2015 |
https://www.courtlistener.com/api/rest/v3/opinions/5284305/ | Russell Lloyd, Justice,
concurring.
I concur in the judgment of this Court, but write separately because I believe that FERC’s exclusive jurisdiction has expanded since Jenkins I was decided and now encompasses the dispute before us.
FERC’s Jurisdiction
Under the Federal Power Act (“FPA”), FERC has exclusive jurisdicti... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284306/ | PER CURIAM | aIn 2006, appellant Terry Lee Ward was sentenced to life imprisonment for the rape of an eleven-year-old girl. We affirmed. Ward v. State, 370 Ark. 398, 260 S.W.3d 292 (2007). Ward subsequently retained counsel, and, in 2007, counsel timely filed Ward’s verified petition pursuant to Arkansas Rule of Crimin... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284308/ | OPINION OF THE COURT
Appellant, Garrard County Fiscal Court, appeals a Court of Appeals decision which held that wages from Julie Camps’s former concurrent employer should be included in calculating her average weekly wage (“AWW”). In so holding, the Court of Appeals reversed the Workers’ Compensation Board (“Board”) w... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284309/ | OPINION OF THE COURT BY JUSTICE NOBLE
The main issue in this case is whether a parent may be given a dollar-for-dollar credit for Social Security retirement dependent benefits against a child-support obligation in light of KRS 403.211(15), which expressly allows such a credit for disability payments but says nothing ab... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284310/ | OPINION
COMBS, JUDGE':
This is an adoption case in which Appel-lee, a stepfather, filed a petition to adopt his stepchild. The Lyon Circuit Court granted the petition. Appellant, the biological father of the child now appeals. After our review, we affirm.
Father (R.P., Jr.) and Mother (K.B.C.) were never married but c... | 01-04-2023 | 01-07-2022 |
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