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https://www.courtlistener.com/api/rest/v3/opinions/5284311/ | OPINION
LAMBERT, J., JUDGE:
This case is again before this Court upon remand from the Supreme Court of Kentucky for further consideration in light of its decision in Commonwealth v. Andrews, 448 S.W.3d 773 (Ky.2014). Initially this Court vacated and remanded the case for further consideration by the trial court of the... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284314/ | ORDER
Per curiam:
Duane Beard appeals from the motion court’s denial of his Rule 29.15 motion which claimed structural error at trial depriving him of a fair and impartial jury; ineffective assistance of trial and appellate counsel in failing to challenge a venireper-son or to claim plain error on appeal because the ve... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284315/ | Order
Per Curiam:
Tamara L. Sandifer appeals the judgment of the Circuit Court of Jackson County, Missouri, finding her guilty, following a bench trial, of driving while intoxicated, § 577.010,' RSMo (2000). Because a published opinion would serve no jurisprudential purpose, we have instead provided an unpublished memo... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284316/ | ORDER
Per curiam:
Appellant Ricky Arnold (“Arnold”) was convicted by a jury of attempted enticement of a child in violation of Section 566.151. On appeal, he challenges the sufficiency of the evidence supporting his conviction. Finding no error, we affirm. Rule 30.25(b). A memorandum explaining *491our decision has bee... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125629/ | Judgment of County Court reversed,, and that of the justice affirmed. Opinion by
Hardin, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284317/ | ORDER
PER CURIAM
Alexander Lemle (“Movant”) appeals the motion court’s judgment denying his motion for post-conviction relief under Rule 29.151 without an evidentiary hearing. We have reviewed the briefs of the parties and the record on appeal, and we find the motion court did not clearly err in denying Movant’s motio... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125647/ | Judgment reversed and new trial ordered before another referee, costs to abide event. Opinion by
Smith, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125648/ | Motion for re-argument denied, with ten dollars costs. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285292/ | OPINION
CLAYTON, JUDGE:
White/Reach Brannon Rd., LLC (“White/Reach") and K. Stephen Reach (collectively, the “Appellants”) appeal both the October 8, 2013 Jessamine Circuit Court order that granted partial summary judgment to Rite Aid of Kentucky, Inc. *633(“Rite Aid”), a third-party defendant and now Appellee, and al... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284318/ | ORDER
PER CURIAM
Guyton Thomas (“Movant”) appeals from the denial of his Rule 29.15 post-conviction relief motion without an eviden-tiary hearing. After a jury trial, Movant was found guilty of one count of unlawful use of a weapon, in violation of Section 571.030, RSMo (2000).1 Movant was sentenced as a prior and per... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284319/ | *503ORDER
PER CURIAM.
Clinton T. Reynolds (“Defendant”) appeals after his conviction by a jury of three counts of first-degree statutory sodomy, Section 566.062, RSMo. Defendant argues the trial court abused its discretion when it prohibited Defendant’s counsel from eliciting from Detective Richard Black that after Age... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284320/ | ORDER
PER CURIAM
Joseph Hicks (Defendant) appeals his convictions for two counts of first-degree child molestation. In two points on appeal, Defendant claims that the trial court erred by (1) admitting Victim’s out-of-court statements pursuant to § 491.075 RSMo Cum. Supp. 2008 and (2) admitting Defendant’s inculpatory... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2426454/ | 555 S.W.2d 563 (1977)
Jimmy MILLER, agent for Midland Ins. Co., Appellant,
v.
STATE of Arkansas, Appellee.
No. 77-62.
Supreme Court of Arkansas, In Banc.
September 26, 1977.
McArthur & Johnson, Little Rock, for appellant.
Bill Clinton, Atty. Gen., by Jackson M. Jones, Asst. Atty. Gen., Little Rock, for appellee.
*564 H... | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5284321/ | ORDER
PER CURIAM
Damon Houston 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 have no pr... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125630/ | Judgment reversed and new trial-ordered before another referee, costs to abide event. Opinion by
Smith, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125631/ | Judgment of the County Court and of the justice reversed. Opinion by
Hardin, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284323/ | ORDER
PER CURIAM
Brandon Bibbs appeals from the motion court’s denial, after an evidentiary hearing, of his Rule 29.15 amended motion for post-conviction relief claiming ineffective assistance of counsel. We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential p... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284324/ | ORDER
PER CURIAM.
Michael M. Curtis (“Defendant”) appeals from the trial court’s denial of his motion to suppress evidence. Defendant argues the trial court erred in denying his motion to suppress because certain physical evidence and his statements were obtained as a result of an unlawful search and seizure.
We have r... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284325/ | ORDER
PER CURIAM
Byron Pollard (Defendant) appeals the' denial of his Rule 29.07(d) motion to withdraw his guilty plea. Defendant claims the motion court erred in denying his motion before imposition of sentence because his guilty plea was unknowing and involuntary. Wé affirm.
We have reviewed the briefs of the parties... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284326/ | DON E. BURRELL, P.J. — OPINION AUTHOR
Stacey Phillips (“Relator”), the plaintiff in a product liability suit, seeks a writ of prohibition against the Honorable James A. Hackett (“Respondent”) that would prevent Respondent from enforcing an order that Relator produce certain of her psychological-treatment records. Relat... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284327/ | OPINION
D. KELLY THOMAS, JR., J.,
delivered the opinion of the court,
in which JAMES CURWOOD WITT, JR., and JEFFREY S. BIVINS, JJ., joined.
Following a jury trial, the Defendant, Harold Morris, was convicted of aggravated rape, a Class A felony; aggravated robbery, a Class B felony; and aggravated burglary, a Class C f... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284328/ | OPINION
STEVE McKEITHEN, Chief Justice
A jury convicted Christopher Lee Sutton of five counts of improper relationship between educator and student'. In two appellate issues, Sutton challenges the legal sufficiency of the evidence and the constitutionality of section 21.12 of the Texas Penal Code. We reverse the trial ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284329/ | LEANNE JOHNSON, Justice,
dissenting
The majority opinion concludes that “the record does not contain legally sufficient evidence to allow the jury to reasonably conclude that Sutton worked at Caney Creek High School ...,” and that the evidence is legally insufficient to support Sutton’s conviction. T must respectfully ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284330/ | OPINION ON REHEARING1
Harvey Brown, Justice
This health care liability case arises from the death of a UT Physicians (UTP) patient, Shana Lenoir, and her two unborn children hours after she received prenatal care at the UTP clinic. Suit was filed by Lenoir’s mother, Shirley Lenoir, and the father of her only living chi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284331/ | OPINION
J. LAMBERT, JUDGE:
Allan Grundy, proceeding pro se, has appealed from the October 28, 2013, order of the Jefferson Circuit Court vacating the order revoking his probation, but refusing to vacate his one-year sentence, and the January 13, 2014, order denying his Kentucky Rules of Civil Procedure (CR) 59.05 and ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284332/ | OPINION
LAMBERT, J„ JUDGE:
Jeffrey McGaha, proceeding pro se, has appealed from the March' 7, 2014, order of the Adair Circuit Court denying his post-conviction motion for relief pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42 without an evidentiary hearing.' Because we hold that the record refutes the is... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284333/ | ORDER
Per curiam:
Joel Mercado-Ramos appeals from a decision by the Labor and Industrial Relations Commission finding Mercado-Ramos ineligible for unemployment benefits because he was discharged for misconduct connected with work. Finding no error, we affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284335/ | Joseph M. Ellis, Judge
Dustin Meyer, acting in his capacity as personal representative for the Estate of Norma J. Meyer, appeals from a judgment entered in the Circuit Court of Cooper County declaring that the assets of the Norma J. Meyer Revocable Living Trust were not assets of the Estate of Norma J. Meyer. The trial... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284336/ | Per Curiam
Following a bench trial, the circuit court awarded a judgment of $272.24 to the City of Kansas City, Missouri (“City”) on its claim against Edna Crook and Mary Tail-man for unpaid water service bills. The City appeals, contending the circuit court erred in failing to award damages covering the full three-yea... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284337/ | Gary M. Gaertner, Jr., Judge
Introduction
Jermaine Pate (Defendant) appeals the judgment entered upon his convictions for robbery in the first degree and armed criminal action. He argues the trial court should have dismissed the charges due to a violation of his constitutional right to a speedy trial, and alternative... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284338/ | ROBERT G. DOWD, JR., Presiding Judge
The State of Missouri and the Department of Natural Resources (collectively “the State”) appeal from the trial court’s dismissal of its amended petition against the Didion Land Project, LLC. We reverse and remand.
In 2011, the State filed a petition for injunctive relief and civil p... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284339/ | ORDER
PER CURIAM.
Mitchell L. Murdock (Appellant) appeals from the judgment entered by the trial court upon a jury verdict finding him guilty of stealing. We have reviewed the briefs of the parties and the record on appeal and conclude the trial court did not err in denying Appellant’s motions for acquittal. An extend... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284340/ | ORDER
PER CURIAM.
Gerald Edwards appeals from the motion court’s judgment denying, following an evidentiary 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 con-elude the judgment of ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284356/ | ORDER
PER CURIAM
Larry Mueller appeals from the motion court’s Findings of Fact, Conclusions of Law, and Order denying, without an evi-dentiary hearing, his amended Rule 24.035 Motion to Vacate, Set Aside, or Correct Judgment and Sentence and Request for Evidentiary Hearing. We affirm.
We have reviewed the briefs of t... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284342/ | KURT S. ODENWALD, Judge
Introduction
Appellant Lance Murray (“Murray”) appeals from the judgment of the trial court entered after a jury verdict. The jury found Murray guilty on three counts: first-degree robbery, armed criminal action, and first-degree tampering. Before trial began, Murray filed a motion to proceed ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284343/ | ORDER
Per Curiam:
Jesse Morales appeals the denial of his Rule 29.15 motion for post-conviction relief after an evidentiary hearing. We affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284344/ | ORDER
PER CURIAM
Marian Priess (“Appellant”) appeals from the trial court’s judgment following a bench trial granting an injunction enjoining Appellant from obstructing, impeding, or interfering with a thirteen-and-one-half-feet roadway easement and granting judgment in favor of Mildred Akins (“Respondent”) against Ap... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2198661/ | 130 Ill. App. 2d 201 (1970)
264 N.E.2d 446
People of the State of Illinois, Plaintiff-Appellee,
v.
James McBride, Defendant-Appellant.
Gen. No. 53,922.
Illinois Appellate Court First District, Fourth Division.
September 23, 1970.
*202 *203 Patrick T. Murphy and Freddy S. Meinfelder, of Chicago, for appellant.
Edward ... | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/2187339/ | 915 N.E.2d 978 (2009)
KERBER
v.
GUTHRIE.
Supreme Court of Indiana.
January 8, 2009.
Transfer denied. | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5284345/ | ORDER
Per Curiam
Calvin Boswell appeals from the judgment denying his Rule 29.1 5 motion after he was convicted of first-degree murder, second-degree murder, first-degree assault, unlawful use of a weapon, and four counts of armed criminal action. Boswell contends he was entitled to an evidentiary hearing on the claim ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284346/ | OPINION
Jane Bland, Justice
This appeal concerns a settlement factoring company’s rights, and an annuity company’s obligations, arising from two judicially-approved factoring agreements.1
*134The annuitant,. Erica Adegoke,2 entered into the agreements with two different factoring companies, the first in early 2003 with... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284347/ | OPINION
TERRIE LIVINGSTON, CHIEF JUSTICE
In these permissive interlocutory appeals 1 that hinge on the effects of a 1929 deed and a 1944" judgment by a district court in Karnes County, appellants' Orea Assets, G.P., L.L.C.; Orca/ICI Development; Orea Petroleum, Ltd.; and Allen Berry (collectively Orea), along with appe... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284348/ | Opinion of the Court by
Justice Abramson
This action resulted in a jury verdict and judgment in favor of Keith Randall Spark-man d/b/a In-Depth Sanitary Service Group on claims of breach of contract and tortious interference with contract. On-appeal, Defendants CONSOL Energy, Inc. (“CONSOL”) and CONSOL of Kentucky, Inc... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284349/ | OPINION OF THE COURT BY
CHIEF JUSTICE MINTON
As recently as three years ago, this Court reaffirmed our commitment to the historic rule prohibiting the use of post-trial juror statements to impeach a facially valid verdict — a rule, as we said in Commonwealth v. Abnee, that is “firmly rooted in the early years of Kentuc... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284350/ | OPINION OF THE COURT BY
JUSTICE KELLER
Ricky Barrett entered a conditional guilty plea to first degree possession of a controlled substance following the trial court’s denial of his motion to suppress evidence. The Court of Appeals affirmed, and this Court granted discretionary review. Barrett argues that police entere... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284351/ | OPINION
VANMETER, JUDGE:
Michelle Bootes appeals from the Jefferson Circuit Court’s order denying her motion to alter, amend or vacate the trial court’s judgment concerning child support and maintenance. For the following reasons, we reverse and remand for further proceedings consistent with this opinion.
Michelle and... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284352/ | ORDER
Per Curiam:
Antonio Jackson appeals the circuit court’s judgment, following a bench trial, convicting him of one count of robbery in the first degree, two counts of kidnapping, and three counts of armed criminal action. We affirm. Rule 30.25(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284353/ | ORDER
PER CURIAM:
D.L.J. appeals from a judgment entered by the Circuit Court of Jackson County, Family Court and Juvenile Division, sustaining an allegation that he would be found criminally responsible if tried as an adult for tampering in the second degree, § 569.090. After a thorough review of the record, we concl... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284355/ | ROBERT G. DOWD, JR., Presiding Judge, Writ Division Three
Harry M. Stockman (“Relator”) seeks a writ of prohibition or mandamus against the Honorable Thomas J. Frawley (“Respondent”) for denying his application for change of judge under Rulé 51.05. We entered a preliminary order of prohibition, and Respondent filed a t... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125632/ | Judgment affirmed. Opinion by
Smith, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284712/ | RICHARDSON, J.,
filed a concurring opinion.
To decide this case under Florida v. Jardines,1 we have to decide if there has been a physical intrusion on Rendon’s property. I agree with the majority that this can be done under the facts of this case because Detective Stover led Baco up the stairs of Rendon’s apartment, b... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284357/ | ORDER
PER CURIAM.
Rodney Dysart (Defendant) appeals the judgment of conviction entered after a jury found him guilty of stealing a motor vehicle. Defendant claims the trial court erred in overruling his motions for judgments of acquittal at the close of the State’s evidence and the close of all evidence and convicting... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284358/ | KURT S. ODENWALD, Judge
Introduction
Appellant Kurtis Starks (“Starks”) appeals from the judgment of the trial court entered after a jury verdict finding Starks guilty of one count of first-degree robbery. The trial court sentenced Starks to eighteen years in prison. On appeal, Starks argues that the trial court erre... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284359/ | PER CURIAM
Residents of the City of Houston filed a referendum petition requesting the City Council to reconsider and repeal its equal rights ordinance and, if it did not repeal the ordinance, to put it to popular vote. The City Council refused, claiming the petition'was invalid. Though the ordinance is steeped in cont... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2181858/ | 192 Cal. App. 2d 198 (1961)
GLADYS SPURGEON, Plaintiff and Resent,
v.
JACK BUCHTER, Defendant and Appellant.
Civ. No. 19256.
California Court of Appeals. First Dist., Div. Two.
May 17, 1961.
Robert S. Thaman for Appellant.
Cornish & Cornish for Respondent.
KAUFMAN, P. J.
This is an appeal from a judgment in two ... | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/3041503/ | United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-4467
___________
In re: Samuel Smith, Sr., *
*
Debtor, ... | 01-04-2023 | 10-13-2015 |
https://www.courtlistener.com/api/rest/v3/opinions/5284361/ | OPINION
Sherry Radack, Chief Justice
In this interlocutory appeal, Weather-ford Artificial Lift Systems, Inc. [hereafter, “Weatherford”] appeals the trial court’s granting the special appearance of A & E Systems SDN BHD [hereafter, “A & E Malaysia”]. See Tex. Civ. PRAo. & Rem Code Ann. § 51.014(a)(7)- (West ’ Supp. 201... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284362/ | OPINION
Tracy Christopher, Justice
On March 25, 2015, relator Shelby Lon-goria filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex.R.App. P. 52. In the petition, Shelby asks this court to compel the Honorable Loyd Wright, presiding judge of Probate Court No. ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284363/ | OPINION OF THE COURT BY
JUSTICE NOBLE
The Appellant, Steven Pettway, was convicted of murder and intimidating a participant in the legal process after shooting and killing Troya Sheckles, and was sentenced to a total prison term of 55 years. He raises two issues on appeal: (1) whether he could be convicted of intimidat... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284364/ | *715OPINION OF THE COURT BY
JUSTICE ABRAMSON
This writ action arises from the criminal prosecution of Real Party in Interest William Bennett for first-degree assault and wanton endangerment. Bennett, contending he acted in self-defense and is immune from prosecution under Kentucky Revised Statute (KRS) 503.085, moved f... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284365/ | KELLER, J.
CONCURRING:
I concur with the result reached by the majority; however, I write separately to clarify what procedure I believe trial courts should follow going forward. As noted in the majority opinion, the Commonwealth bears the burden of showing that a defendant’s use of force was not justified. To meet tha... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284367/ | *741
OPINION
JONES, JUDGE:
This is a child custody action arising out Fayette Family Court. The family court awarded permanent sole custody to the Appellee, R.J.G. (“Father”). The Appellant, S.E.A. (“Mother”), argues that the trial court erred because it did not conduct an evidentiary hearing and based its factual fin... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284368/ | *754ORDER
Per Curiam:
Chañe Nutt appeals from. a judgment entered upon a jury verdict finding him guilty of three counts of endangering the welfare of a child, one count of forcible sodomy, one count of statutory sodomy, one count of third degree assault, and one count of tampering with a witness. We affirm. Rule 30.25... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284369/ | Joseph M. Ellis, Judge
George Hall appeals from the Public Service Commission’s denial of his motion to intervene in a case in which Missouri-American Water Company (“MAWC”) has applied for a certificate of convenience and necessity to provide sewer service to a portion of Benton County, Missouri. For the following rea... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284371/ | ORDER
Per curiam:
S.L.C. appeals an adjudication judgment finding that her daughter should be subject to the jurisdiction of the court due to allegations that the child was without the proper care, custody, and support necessary for her well-being. Finding no error, we affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284373/ | ORDER
PER CURIAM
David J. Albrecht (Husband) appeals from the judgment denying Husband’s motion to set aside a default judgment dissolving his marriage to Amy L. Albrecht (Wife), distributing property, ordering child support, awarding Wife sole physical custody of the parties’ child, and awarding Wife maintenance. We ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284374/ | ORDER
PER CURIAM
American Multi-Cinema, Inc., (AMC) appeals from the decision and order of the State Tax Commission of Missouri (the Commission) setting aside decisions of the St. Louis County Board of Equalization sustaining the assessments made by Jake Zimmerman, Assessor, St. Louis County, Missouri, related to tang... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284375/ | ORDER
PER CURIAM
Harley J. Smith appeals the 'motion court’s denial of his Rule 24.035 motion for post-conviction relief. The motion court’s findings of fact and conclusions of law are not clearly erroneous. An opinion would have no precedential value. We have furnished the parties with a memorandum, for their informa... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284377/ | OPINION ON MOTION TO SET SUPERSEDEAS AMOUNT
Opinion by
Chief Justice Wright
Before the Court is the motion of appel-lees K-Town Management, LLC d/b/a KTN US, IP Investments, Ltd., Odes H. Kim, Ji Hong Park, and Chul Seung Park to increase the amount appellants must post to suspend execution of the trial court’s judgmen... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284378/ | . OPINION OF THE COURT BY
JUSTICE ABRAMSON
Jared Futrell and Kayla Lord appeal as of right from Judgments of the Wayne Circuit Court convicting each of them of wanton murder and sentencing each, in accord with the jury’s recommendation, to a maximum term of twenty-five years in prison. Lord and Futrell (Appellants) wer... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284379/ | CUNNINGHAM, J.,
CONCURRING IN PART AND DISSENTING IN PART:
I respectfully concur in part and dissent in part. I concur in the reversal of this conviction for failure of the trial court to remove for cause the two potential jurors as addressed fully by the Majority.
I disagree with the Majority that there is not suffici... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284381/ | VENTERS', J.,
DISSENTING:
I respectfully dissent because I believe the Majority embarks upon an unwise departure from the sound social policies realized in the Manis rule. Based upon a faulty premise, the majority abolishes the well-established Manis rule that has worked well in Kentucky for nearly 50 years and continu... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284382/ | OPINION
MAZE, JUDGE:
The Department of Revenue, Finance and Administration Cabinet (the Department) appeals from an order of the Franklin Circuit Court upholding an order by the Kentucky Board of Tax Appeals (Board). The Department argues that the Board and the circuit court erred in finding that horse trailers which ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284383/ | ORDER
Per Curiam:
Linda Jackson appeals the Labor and Industrial Relation Commission’s decision denying her unemployment benefits. We affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284384/ | ORDER
Per Curiam:
Kevin B. Strickland appeals the denial of his “Motion to Reopen Supreme Court Rule 27.26 Proceedings CV83-11316 Based on Abandonment by Counsel.” We affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284385/ | ORDER
PER CURIAM.
Lester Davis appeals the motion court’s judgment denying his motion for post-conviction relief under Mo. R.Crim. P. 24.035 *374(2014) 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 Mova... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284386/ | ORDER
PER CÚRIAM
Nicholas Nettles (Defendant) appeals the trial court’s judgment, entered after a jury trial, finding him guilty of two counts of kidnapping, two counts of felonious restraint, two counts of sexual exploitation of a minor, and two counts of third-degree assault. Defendant claims that the trial court err... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284397/ | ORDER
PER CURIAM.
Jeff Tacina (“Claimant”) appeals the decision of the Labor and Industrial Relations Commission (“Commission”) denying his claim for unemployment benefits. The Commission determined Claimant was disqualified from receiving benefits because he voluntarily quit his job without good cause attributable to... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285293/ | OPINION
CLAYTON, JUDGE: .
Amanda Chadwick (“Grandmother”) appeals from the Bourbon Circuit Court order that found Chadwick is not a de facto. custodian of her grandchild and denied her custody and visitation. After careful review, we affirm and reverse in part and remand.
FACTS
At 15 years of age, Emily Flora (“Mother... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285294/ | Gary D. Witt, Judge
.This'appeal raised issues regarding the summary statement, fiscal note, summary, and fiscal note of an initiative petition filed with the Missouri Secretary of State. The initiative petition seeks to require providers of certain in-home services and vendors of consumer-directed services, which rece... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284387/ | ORDER
PER CURIAM:
David Roberson appeals the judgment of the motion court denying his Rule 24.035 motion for post-conviction relief following an evidentiary hearing. In his four points on appeal, Roberson claims that plea counsel was ineffective for failing to disclose that he would have to register as a sex offender ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284388/ | ORDER
PER CURIAM:
Samuel Alen appeals his convictions for tampering in the first degree, section 569.080, RSMo Cum. Supp. 2013, and resisting arrest, section 575.150, RSMo Cum. Supp. 2013, and concurrent sentences of ten years and five years imprisonment, respectively. He contends that the trial court abused its discr... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284389/ | ORDER
Per Curiam
Sandra Stanton appeals from the judgment denying her Rule 29.15 motion for post-conviction relief after she was convicted of second-degree murder, first-degree endangering the welfare of a child, and abuse of a child resulting in death. Stanton contends the motion court clearly erred in denying post-co... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284390/ | ORDER
Per Curiam:
Ms. Renata Shearer appeals the admission of an expert witness’s testimony during the trial of a personal-injury claim.
For reasons stated in the memorandum provided to the parties, the judgment of the trial court is affirmed. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284391/ | Order
Per Curiam:
DeMun Walker appeals from the Judgment of the Circuit Court of DeKalb County, Missouri, denying his Rule 29.15 amended motion for post-conviction relief after an evidentiary hearing. Because a published opinion would have no prece-dential value, a memorandum of law has been provided to the parties. Th... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284392/ | Order
Per Curiam:
Terry Birmingham appeals the denial, after an evidentiary hearing, of his Rule 29.15 motion for post-conviction relief. On appeal, Birmingham raises two claims of ineffective assistance of trial counsel. Because Birmingham failed to meet his burden of proving that counsel provided ineffective assistan... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284393/ | *399ORDER
Per Curiam:
Kathleen Crisp appeals the circuit court’s judgment awarding her $7,290.75 plus pre-judgment interest on her claim for breach of contracts and denying her claims for quantum meruit and tortious interference with contracts. Jason Hartman, Platinum Properties Investor Network, Inc., Karen Karanickol... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284394/ | ORDER
PER CURIAM.
Lonnie Snelling appeals the judgment dismissing Count XI of his second amended petition.1 against Respondents Matthew S. Chase and J.D. Haynes. No error of law appears. An extended opinion would have no precedential value. We affirm the judgment of the trial court under Rule 84.16(b). . ¡
. Count XI... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284395/ | ORDER
PER CURIAM.
Heidi Katherine Wood appeals from the trial court’s Judgment and Decree of Dissolution of Marriage dividing the parties’ marital assets and debts and ordering spousal maintenance. We have reviewed the briefs of the parties and the record on appeal, and we conclude the trial court committed no reversi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284396/ | ORDER
PER CURIAM:
After a jury trial, Cynthia Walters was found guilty of one count of second-degree murder and one count of armed criminal action. Walters appeals her convictions, arguing the trial court erred in giving a voluntary intoxication jury instruction and in overruling her objection to the State’s closing a... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284408/ | VENTERS, J.
CONCURS IN RESULT ONLY:
' I concur with the Majority opinion only insofar as it correctly concludes that Appellant was not entitled to a writ because he had an adequate remedy by way of a conventional appeal. I do not join in the extraneous dicta otherwise contained in the majority opinion because it is not... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284399/ | ORDER ,
James Leahy (“Husband”) appeals. .a judgment for contempt arising.out of an alleged.breach of a settlement agreement incorporated into a judgment dissolving his marriage to Sheila A. Driemeyer (“Wife”).
Wé have reviewed the briefs of the par-tiés and the record on appeal and conclude that the trial court did no... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284400/ | *403
ORDER
PER CURIAM
Joseph Kaliszewski (“Appellant”) appeals from a judgment of the Missouri Labor and Industrial Relations- Commission (“the Commission”) denying him unemployment compensation because he was an independent contractor and not an employee of Newell D. Dubail and his partners (collectively, “the Partne... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284401/ | ORDER
PER CURIAM
Michael Coffman appeals the motion court's denial of his Rule 29.15 motion for post-conviction relief. The motion court’s findings of fact and conclusions of law are not clearly erroneous. An opinion would have no precedential value. We have furnished the parties with a memorandum, for their informati... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125633/ | Judgment reversed, and new trial ordered before another referee, costs to abide event. Opinion by
Talcott, P. J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125634/ | Cases declined to be decided on account of defects in the appeal books. Mem. by
Hardin, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284403/ | ORDER
PER CURIAM
Daniel Austin appeals the denial without an evidentiary hearing of his Rule 29.15 motion for post-conviction relief. Jones raises three points on appeal: (1) that trial counsel should have interviewed, properly investigated, subpoenaed, and called as a trial witness Michelle Link, who Austin claims wo... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284404/ | ORDER
PER CURIAM
Gary Fulk (“Defendant”) appeals from the trial court’s judgment following a jury trial convicting him of production of a controlled substance, in violation of Section 195.211, RSMo Cum. Supp. 2013; possession of a controlled substance, in violation of Section 195.202, RSMo Cum. Supp. 2013; and possess... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284406/ | OPINION
STEVEN L. HUGHES, Justice
Isabel Baeza appeals from a judgment in favor of Hector’s Tire & Wrecker Service, Inc. based on Baeza’s breach of contract. Baeza raises two issues on "appeal. First, Baeza contends the trial court erred in refusing to fin’d that Hector’s' claim was-barred by the affirmative defense o... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284409/ | OPINION OF THE COURT BY
JUSTICE KELLER
Following a bench trial, the district court convicted Adrian Parrish of driving under the influence, first offense. Parrish appealed to the circuit court and argued a Brady1 violation. The circuit court reversed the conviction, and the Court of Appeals, on discretionary review, af... | 01-04-2023 | 01-07-2022 |
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