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https://www.courtlistener.com/api/rest/v3/opinions/5285507/ | Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
01/07/2022 01:06 AM CST
- 440 -
Nebraska Supreme Court Advance Sheets
310 Nebraska Reports
... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284412/ | Mary R. Russell, Judge
The issue on appeal here is whether the trial courts erred in entering judgments on the pleadings in five wrongful death lawsuits on the basis that the causes of action were time-barred by the three-year limita*705tion in section 537.100.1 The plaintiffs argue the claims were not barred by the st... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284414/ | ORDER
Per Curiam:
Orlando Omar Cruz 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/5284415/ | *745ORIGINAL PROCEEDING IN PROHIBITION
Mark D. Pfeiffer, Presiding Judge
This action arises out of petitions in prohibition filed by Ideker, Inc. (“Ideker”) and the Missouri Department of Natural Resources (“MDNR”) in response tó ah Order dated May 4, 2015, issued by the Honorable Kenneth R. Garrett III, Jackson County... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284416/ | ORDER
Per Curiam:
Mr, Clyde Ham appeals the decision of the Labor and Industrial Relations Commission denying a request for unemployment benefits.
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/5284417/ | ORDER
PER CURIAM.
Naren Chaganti (Appellant) appeals from the judgment of the trial court granting a new trial to Condos of Wydown on the basis of improper jury instruction following a jury verdict on Appellant’s civil action. We have reviewed the briefs of the parties and the record on appeal, and we find Appellant’s... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284418/ | ORDER
PER CURIAM
Ronell-Johnson (Defendant) appeals the St. Louis Circuit Court’s judgment convicting him of failure to drive within a single lape, § 304.015, RSMo Supp. 2010, and failure to yield to an emergency vehicle, § 304.022, RSMo Supp. 2012. Defendant raises two claims, of insufficient evidence, claiming. that... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284419/ | ORDER
PER CURIAM
Duron Cockrell (Movant) appeals the motion court’s denial of his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. Movant claims trial counsel was ineffective for adducing and failing to object to evidence about Mov-ant’s prior bad acts. We affirm.
*787We have reviewed the b... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284420/ | KURT S. ODENWALD, Judge
Introduction
Appellant Steven Tucker (“Tucker”) appeals from the trial court’s grant of summary judgment in favor of Respondent Michael Vincent (“Vincent”) on Tucker’s petition for accounting malpractice and negligent misrepresentation against Vincent. On appeal, Tucker contends that if the tr... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284421/ | ORDER
PER CURIAM
Kenneth Wilson appeals the denial without an evidentiary hearing of his Rule 24.035 motion for post-conviction relief. Wilson raises two points on appeal: 1) that trial counsel was ineffective because he was unprepared for trial thereby rendering Wilson’s guilty plea involuntary; and 2) that trial cou... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284422/ | ORDER
PER CURIAM.
Thoele, Inc., D/B/A St. Peters Zephyr Service, Inc. (Thoele) appeals from the trial court’s Order, Judgment and Decree entering judgment in favor of Darby O’Toole’s Pub & Grub, LLC (Darby) in the amount of $83,192.80 on Darby’s‘petition and Thoele’s counterclaim petition. We have reviewed the briefs ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285516/ | Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
01/07/2022 01:07 AM CST
- 389 -
Nebraska Supreme Court Advance Sheets
310 Nebraska Reports
... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284423/ | PER CURIAM.
ORDER
Gary Moore (“Appellant”) appeals the decision of the Labor and Industrial Relations Commission (“the Commission”) *803dismissing his claim for unemployment benefits. The Commission affirmed the decision of the Division of Employment Security’s Appeals Tribunal dismissing Appellant’s appeal for faili... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284424/ | ORDER
PER CURIAM
Arthur Jones appeals the denial without an evidentiary hearing of his Rule 29.15 motion for post-conviction relief. Jones raises two points on appeal: 1) that trial counsel was ineffective when he failed to object to the hammer instruction (MAI-CR 3d 312.10) given to the jury; and 2) that trial counse... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284425/ | *804
ORDER
PER CURIAM.
Leonard Slocum appeals from the judgment of the motion court denying his Rule 29.151 motion for post-conviction relief without an evidentiary hearing. We have reviewed the briefs of the parties and the record on appeal and conclude the motion court’s findings and conclusions are not clearly erro... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284426/ | ORDER
PER CURIAM
Roosevelt Livingston appeals from the motion court’s judgment denying, after 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 conclude the judgment of ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284427/ | ORDER
PER CURIAM
Margaret Irving appeals the judgment entered upon her conviction by jury of producing more than five grams of marijuana, maintaining a public nuisance, and possessing more than 35 grams of marijuana. We have reviewed the briefs of the parties and the record on appeal and conclude that no reversible er... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284428/ | Patricia L. Cohen, Judge
Introduction
The Monarch Fire Protection District and its Board of Directors (collectively, Monarch) appeal the judgment granting the petition for writ of mandamus and application for injunction filed by Thomas Beauchamp, Dana Buckley, Craig Sullivan, and the Professional Firefighters of East... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284429/ | ORDER
PER CURIAM
Teresa Maurer (“Mother”) appeals from the trial court’s judgment modifying a decree of dissolution of marriage (“Modification Judgment”), inter alia, transferring legal custody from Mother to Derek Maurer (“Father”), amending child support payable from Father to Mother, entering an order of attorneys’... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284430/ | JUSTICE BROWN,
joined by • JUSTICE GREEN, concurring in the denial of the petition for writ of mandamus.
On August 28, 2015, the Court issued an order denying the relators’ petition for writ of mandamus in this case. I write to provide some explanation for that denial and to distinguish this case from a seemingly simil... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284431/ | JUSTICE DEVINE,
joined by ' JUSTICE LEHRMANN, dissenting from the denial of the petition for writ of . mandamus.
I would have granted the writ of mandamus. The City of San Marcos disregarded its own laws regarding charter amendments, ignoring the legislative prerogative of the people through citizen-initiated petitions... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284432/ | OPINION
Michael Massengale, Justice
After Hurricane Ike caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The plaintiff owners argued that by failing to repair hurricane damage to the condominium complex and by demolishing it, the associ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284433/ | *57OPINION
Martha Hill Jamison, Justice
A staffing company placed a worker, later discovered to have a criminal history of theft, in a receptionist position at Davis-Lynch, Inc. (DLI). DLI later promoted the worker to head of accounting, and she embezzled millions of dollars. In two issues, DLI challenges the trial cou... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284435/ | OPINION ON REHEARING
LEE GABRIEL, JUSTICE
Horizon Health Corporation (Horizon) moved for a rehearing of this panel’s February 26, 2015 memorandum opinion and judgment. See Tex. R. App. P. 49.1. We grant the motion, withdraw our February 26, 2015 memorandum opinion and judgment, and substitute the following. We dismiss ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284437/ | OPINION AND ORDÉR
NICKELL, JUDGE:
Consequences attach when a probationer violates conditions of release. This Opinion confirms the role of the Commonwealth’s Attorney in a court-initiated hearing when a probated- defendant fails to comply with the terms of release.
As the appellant, the Commonwealth argues it is a. cr... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284438/ | , Mark D.. Pfeiffer, Presiding Judge
• This is an appeal from a judgment of the Circuit Court of Miller County, Missouri (“trial court”), granting summary judgment in favor of' defendant City of Eldon, Missouri (“City”) and against plaintiffs Joan and Glen Jungmeyer, Dennis and Linda Killday, Timothy King, Kim Ruiz-Tom... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284439/ | ORDER
PER CURIAM
Davetta Ross (“Defendant”) appeals from a judgment after a jury trial finding her guilty of one count, of domestic assault in the first degree, in violation of Section 565.072, RSMo (Cum. Supp. 2012); one count of armed criminal action, in violation of Section 571.015, RSMo (2000); and one count of do... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284440/ | ORDER
PER CURIAM.
Terrell Hughes (Movant) appeals the judgment of the Circuit Court of the City of St. Louis denying without an evidentia-ry hearing his Rule 24.035 motion for post-conviction relief.. Movant claims the motion court clearly erred in denying his claim that plea counsel provided ineffective assistance by... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284441/ | ORDER
PER CURIAM.
William Brown appeals the, motion court’s judgment, denying his motion for post-conviction relief pursuant to Rule *21424.0351 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 moti... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284444/ | OPINION
Lisa S. Van Amburg, Chief Judge
Appellants Greg Wiley and Julia Mittel-stadt appeal the trial court’s judgment' in favor of Respondents Gregory F.X. Daly, as the Collector of Revenue for the City of St. Louis (Collector), and M. Jane Schweitzer, as the Circuit Clerk for the City of St. Louis (Circuit Clerk),' o... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125636/ | Judgment affirmed. Opinion by
Smith, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125637/ | Judgment reversed and new trial ordered before another referee, costs to abide event. Opinion by
Hardin, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125638/ | Motion denied, with ten dollars costs. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125639/ | Motion for re-argument denied, with ten dollars costs. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125640/ | Judgment affirmed. Opinion by
Hardin, J. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284445/ | ORDER
PER CURIAM
Avonte Stokes (Defendant) appeals from the judgment upon his convictions by a jury for two counts of child molestation in the first degree, in violation of Section 566.067, RSMo 2000.1 The trial court sus-’ pended imposition of sentence and placed Defendant on probation for a period of five years. Aft... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2301157/ | 90 Cal. Rptr. 2d 549 (1999)
76 Cal. App. 4th 715
ERIC J., a Minor, etc., Plaintiff and Appellant,
v.
BETTY M. et al., Defendants and Appellants.
No. G019117.
Court of Appeal, Fourth District, Division Three.
November 30, 1999.
As Modified December 21, 1999.
Review Denied March 15, 2000.
*550 Allred, Maroko & Goldberg a... | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5284447/ | ORDER
PER CURIAM
Kenneth Randall Hart (Defendant) appeals from the judgment upon his convictions following a jury trial for three counts of first-degree statutory sodomy,- in violation of Section 566.062, RSMo 2000,1 and one count of first-degree child molestation, in violation of Section’ 666.067. The trial court sen... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284448/ | ORDER
PER CURIAM
The defendant, Robert Rice, appeals the judgment and sentence entered by the Circuit Court of the City of St. Louis after a jury convicted him of two counts of second-degree statutory rape, in violation of section 566.034 RSMo. (2000 & Supp. 2014), and two counts of incest, in violation of section 568.... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284449/ | ORDER
PER CURIAM.
Thomas A. Miller (Defendant) appeals the judgment of conviction that the Circuit Court of Audrain County entered after a jury found him guilty of one count of first-degree child molestation, two counts of second-degree child1 molestation, two counts of second-degree statutory sodomy, one count of chi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284451/ | OPINION
Ken Wise, Justice
Appellant MEMC Pasadena, Inc., sustained damages after an electrical accident *384at its industrial plant caused ⅛ shutdown and loss of production. MEMC sued its electrical contractor,, Triad Electric and Controls, Inc., and Triad’s subcontractor, Riddle Power, LLC, alleging that Triad breache... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284452/ | OPINION
Opinion by
Justice Burgess
Carlton Sewell, Relator, has filed a petition for a writ of mandamus seeking relief from an order denying his motion to withdraw deemed admissions. After considering Relator’s petition and the response by the real parties in interest (RPI),1 we hold that the trial court erred in denyi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284453/ | OPINION OF THE COURT BY
JUSTICE VENTERS
Appellant, William R. King, appeals from a judgment of the Laurel Circuit Court convicting him of first-degree sodomy and first-degree sexual abuse. For these convictions, Appellant was sentenced to a total of twenty years’ imprisonment. Appellant now appeals as a matter of right... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284454/ | ABRAMSON, J„
DISSENTING: -
For the reasons stated herein, I respectfully and strongly dissent. While Detective Anderkin’s ’ testimony concerning the Child Abuse Task Force was arguably improper, the error was not palpable. In addition, the time has comé for this Court to reconsider its rigid stance on the admissibility... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284455/ | OPINION
JONES, JUDGE:
This appeal concerns a property dispute between the Appellant, KL & JL Investments Inc. (“KL & JL Investments”), and several other landowners in close proximity to KL & JL Investments’ tract of land, the Appellees (hereinafter referred to as “the Property Owners”).1 On August 31, 2012, the Hardin... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284457/ | ORDER
PER CURIAM
Scott Tillis, appearing pro se, appeals from the final award of the Labor and Industrial Relations Commission, which affirmed and adopted the decision of the Administrative Law Judge finding that Claimant sustained 15 percent permanent partial disability of the right shoulder as a result of a work-rel... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284458/ | ORDER
PER CURIAM.
Jasmine McDaniel (Appellant) appeals from the motion court’s judgment denying her Rule 24.0351 motion for post-conviction relief after an evidentiary hearing. We have reviewed the briefs of the parties and the record on appeal and conclude the motion court did not err in denying Appellant’s motion. A... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284459/ | Order
Per Curiam:
Appellants Jack L. Beaver and similarly situated fellow class members who obtained second mortgages on Missouri real property that were acquired and/or serviced by Respondents appeal from the rulings of the Circuit Court of Jackson County, Missouri, denying the Appellants’ motion to enforce settlement... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285521/ | Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
01/07/2022 01:07 AM CST
- 329 -
Nebraska Supreme Court Advance Sheets
310 Nebraska Reports
... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284462/ | ORDER
PER CURIAM.
Emmer Hayes Rucker and Bettie J. Boyd,1 the surviving widow of Willie R. Boyd, (collectively, “Appellants”) appeal the trial court’s judgment in'favor of Lawrence N. Albert (“Respondent”) following a bench trial. We have reviewed Appellants’ brief and the record on appeal,2 and we find: 1) the trial ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284463/ | ORDER
PER CURIAM
Michael Schlueter appeals the denial of his Rule 29.15 motion for post-conviction relief. Schlueter raises one point on appeal, asserting that the motion court clearly erred in denying his motion because there was no factual basis in the plea-court record to support his guilty pleas for first-degree c... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284464/ | ORDER
PER CURIAM
Jerry Wise, (Movant) appeals from the motion court’s Findings of Fact, Conclusions of Law and Order (Judgment) 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 ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284465/ | ORDER
PER CURIAM
The defendant, Dennis Nash, appeals the judgment and sentence entered by the Circuit Court of St. Francois County following his conviction by a jury of one count of first-degree arson, in violation of section 569.040 RSMo. (Supp. 2014), and one count of first-degree property damage, in violation of sec... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284466/ | *656
ORDER
PER CURIAM
Antonio Rice (“Rice”) was convicted in the St. Charles County Circuit Court of first-degree robbery, first-degree assault, and two associated counts of armed criminal action. Rice appeals from the motion court’s denial of his Rule 29.15 motion following an evidentiary hearing. Appellant’s only po... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284468/ | OPINION
Rebeca Huddle, Justice
This appeal arises from a dispute between Judith King, individually and as executor of the estate of Kenneth King, and Deutsche Bank National Trust Company regarding foreclosure of a home equity lien on the Kings’ property. King sued Deutsche Bank in the district court, contesting its rig... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284470/ | OPINION
J. LAMBERT, JUDGE:
The Estate of Luther Royce Mills (Luther’s estate) appeals from the Jefferson Circuit Court’s September 13, 2012, order holding that Shirley Mills and Luther Royce Mills were married at the time of Luther’s death in October 2011. After Luther’s Last Will and Testament was submitted for proba... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284471/ | OPINION
ACREE, CHIEF JUDGE:
We granted discretionary review in this case to address Service Financial Company’s appeal of the Franklin Circuit Court’s November 22, 2013 opinion affirming a Franklin District Court order of default judgment that limited post-judgment interest on a retail installment contract to 12% per ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284472/ | ORDER
Per Curiam:
Mitchell Moore appeals the motion court’s decision to deny his Rule 24.035 motion for post-conviction relief. We affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284473/ | ORDER
PER CURIAM
BNSF Railway Company appeals from the trial court’s judgment after a jury entered a unanimous verdict in favor of Michael Bolen on his petition filed under the Federal Employers’ Liability Act. We affirm.
We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284477/ | ORDER
PER CURIAM
Juanita McKee (“Plaintiff’) appeals from the trial court’s judgment, following a jury trial, entered in favor of Stanley Convergent Security Solutions (“Defendant”) and against Plaintiff. Plaintiff submitted her personal injury case on a breach of contract theory, alleging she suffered injuries in a N... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284479/ | PER CURIAM.
ORDER
Sharon Brooks (“Wife”) appeals the judgment entered by the trial court dissolving her marriage to Robert Brooks (“Husband”). Wife claims the trial court erred in: (1) finding the property located *210at 2720 Hallon Street in Idaho was separate and not marital property; and (2) awarding the Ml amount... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284480/ | ORDER
PER CURIAM.
Ronald Mills appeals his conviction and sentence for two counts of possession of child pornography.. 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. We have, however, provid... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284481/ | ORDER
PER CURIAM:
R.K. appeals the judgment of the juvenile court finding that he committed the delinquent act of child molestation in the first degree in violation of section 566.067, RSMo Cum. - Supp. 2006. He contends that juvenile court erred in finding sufficient evidence to establish beyond a reasonable doubt th... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284482/ | OPINION
YVONNE T. RODRIGUEZ, Justice
In this case, we must decide whether a group of mineral right owners can obtain damages for alleged breaches of a lease’s assignment and operation clauses when the lessee, without notice, agreed to “farm out” part of the leasehold to a subcontractor in exchange for drilling service... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284483/ | OPINION
YVONNE T. RODRIGUEZ, Justice
Appellants Lucchese Boot Company, Lucehese, Inc., Jose Angel Velarde, and Jose Angel Valadaz seek reversal of the trial court’s order denying its motion to compel arbitration against former employee Hector Rodriguez. We reverse and remand.
BACKGROUND
In 2007, Rodriguez filed a non-... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284485/ | OPINION
YVONNE T. RODRIGUEZ, Justice
Appellants Lucchese Boot Company, Bartolo Mata, and Rigoberto Gutierrez seek reversal of the trial court’s order denying its motion to compel arbitration against former employee Jose Solano. We reverse and remand.
BACKGROUND
In 2007, Solano filed a non-subscriber negligence suit ag... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284486/ | OPINION OF THE COURT BY
JUSTICE ABRAMSON
Two sets of Harlan County landowners, the Bakers1 and certain heirs (together with their spouses) of Chester Jackson (the “Jackson heirs”)2 jointly brought suit in Harlan Circuit Court seeking, among other things, damages'and a declaration of their rights under oil and gas lease... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284487/ | OPINION OF THE COURT BY
JUSTICE NOBLE
When a disabled adult under the state’s care is alleged to have been abused or to have died from abuse, the Cabinet for Health and Family Services investigates and produces confidential records related to. the investigation. Though otherwise confidential, those records may be discl... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284488/ | ABRAMSON, J.,
CONCURRING IN RESULT ONLY;
I very reluctantly concur in the result reached by the majority. As appropriate ¿s I believe it would be for the Cabinet to have a statutory responsibility to make records such as those sought in this case available to the Council on Developmental Disabilities, Inc., I am forced... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284489/ | CUNNINGHAM, J.,
DISSENTING:
The majority today holds that the Council on Developmental Disabilities, Inc. (the “Council”) is not exempt fi-om the Kentucky Adult Protection Act (“KAPA”) confidentiality provision as enumerated in Kentucky Revised Statute (“KRS”) 209.140. In formulating this conclusion, the majority finds... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284490/ | OPINION OF THE COURT BY
JUSTICE CUNNINGHAM
This is a timber case. It centers on the question of how much, if any, a landowner is insulated from liability by the employment of an independent contractor employed to cut timber. This includes the issue of civil liability of any kind; but most importantly the exposure to th... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284491/ | MINTON, C.J.,
DISSENTING:
Missing the forest for the trees, the majority locks its gaze on the meaning of the timber statute’s use of the word convert, causing the majority to launch into an unnecessary discourse on the common law tort of conversion and ultimately rewrite the law to the lasting detriment of innocent vi... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284492/ | OPINION
NICKELL, JUDGE:
The appellant, Shirley Miller (Miller), filed a Form 101 on March 28, 2013, alleging injuries-to'her chest, back, right arm and both.legs-as the result-of a work-related motor vehicle accident (MVA) on July 3, 2012, sustained while in the course of delivering lunches in a company van. At the ti... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284493/ | KRAMER, JUDGE,
CONCURRING IN PART AND DISSENTING IN PART:
The majority has determined that the ALJ’s decision regarding Miller’s entitlement to PPD should be vacated and reconsidered. They disagree with the Board’s opinion that the ALJ should be reversed on this point. However, in my opinion the Board was correct. Acco... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284494/ | OPINION CLAYTON, JUDGE: Brandon Tyler Ryan appeals from the Boyd Circuit Court’s order, entered on December 2, 2014, amending in part and denying in part his Kentucky Rules of Civil Procedure (CR) 59.05 motion to alter, amend, or vacate the trial court’s order, which was entered on November 10, 2014. The issue involves... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125641/ | The memorandum of decision herein, of April 4, 1881, and the order entered thereon modified by adding thereto the words “ and the case remitted to the County Court of Monroe to proceed therein,” and the motion denied in all other respects, without costs of the motion to either party. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284497/ | ORDER
PER CURIAM.
Walter L. Griffith appeals from the judgment of the City of St. Louis Circuit Court, following a jury trial, convicting him of one count of first-degree child molestation, ten counts of second-degree statutory sodomy, one count of second-degree child molestation, three counts of forcible rape, three ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2302769/ | 40 A.3d 124 (2012)
NORTH COVENTRY TP.
v.
TRIPODI.
No. 502 MAL (2011).
Supreme Court of Pennsylvania.
February 28, 2012.
Petition for allowance of appeal denied. | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5284500/ | ORDER
PER CURIAM.
Quantrell Coleman (“Defendant”) appeals from.the judgment of the trial court upon his convictions for second-degree domestic assault, Section 565.073, RSMo 2000,1 and armed criminal action, Section 571.015. Defendant argues the trial court erred in allowing ■ Officer Abby Krull to testify that her inv... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284501/ | ORDER
PER CURIAM.
B.G.B. appeals from the judgment entered on the petition of C.K, as next friend of F.K., determining paternity and ordering custody and support. The judgment is supported by substantial' evidence and is not against the weight of the evidence. No error of law appears. We affirm.
An opinion would have n... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284502/ | ORDER
Per Curiam:
Larry McGee appeals from the circuit court’s judgment granting the Missouri Department of Corrections’ motion for judgment on the pleadings in McGee’s declaratory action seeking jail-time credit under section 558.031, RSMo 2000. We affirm. Rule 806(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125642/ | Motion denied. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125643/ | Judgment and order affirmed. Opinion by
Hardin, J.;
Smith, J., not participating in the decision. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284503/ | ORDER
PER CURIAM: ,
Kay Elliot appeals the trial .court’s grant of summary judgment to Janet Rao, PHB Realty Company, LLC (“PHB”), and Aspen Homebuilders, LLC (“Aspen”) on her action in premises liability and ordinary negligence. In her first point on appeal, Ms. Elliot contends, that the trial court erred in granting... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284504/ | OPINION
KEASLER, J.,
delivered the opinion of the Court, in which
MEYERS, HERYEY, RICHARDSON, and NEWELL, JJ„ join.
After being convicted and sentenced for online solicitation of a minor, Curtis Four-nier and Christopher Dowden filed applications for a writ of habeas corpus. In addition to seeking relief based on this... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284505/ | CONCURRING OPINION
ALCALA, J.,
filed a concurring opinion.
I concur in this Court’s judgment granting habeas corpus relief to Curtis Fournier and Christopher Dowden, - applicants, under an unconstitutional-statute theory and denying relief under an actual-innocence theory. See Ex parte Lo, 424 S.W.3d 10, 23-24 (Tex.Cr... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284506/ | DISSENTING OPINION
YEARY, J.,
filed a dissenting opinion in which KELLER, P.J., joined.
With respect to the issue upon which we filed and set these post-conviction applications for writ of habeas corpus, brought under the auspices of Article 11.07 of the Texas Code of Criminal Procedure, I agree with the majority opin... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284507/ | OPINION
YVONNE T. RODRIGUEZ, Justice
This is a pro se appeal by Bea Huml of the trial court’s summary judgments dismissing her lawsuit alleging an “illegal foreclosure” and breach of fiduciary duty against the substitute trustee, Beverley Mitrisin, and opposing counsel in Huml’s eviction proceeding, Jack O’Boyle. We a... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284511/ | OPINION
YVONNE T. RODRIGUEZ, Justice
Vicente Munoz' was charged by indictment of Felony driving while intoxicated. The State of Texas appeals the trial court’s order granting Vicente Munoz’s motion to suppress his blood test result that was obtained as a result of his arrest for DWI. The trial court’s findings of fact... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284512/ | OPINION
Tracy Christopher, Justice
In this appeal from a conviction for driving while intoxicated, we consider five issues, each arising out of the State’s failure — and in one instance, its refusal — to turn over evidence that appellant requested during discovery. Finding no reversible error, we overrule each issue an... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284514/ | MINTON, C.J.,
CONCURRING IN RESULT ONLY:
I concur in today’s result; but I believe the majority opinion mischaracterizes February 7, 2012, as the “stipulated date” that Hale’s injury manifested, A close look at the record renders this assertion ambiguous at best, and that — coupled with the fact that this rather signif... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284515/ | OPINION OF THE COURT BY
JUSTICE CUNNINGHAM
Around 1 a.m. on April 17, 2011, Appellant, Mike Douglas Rieder, was leaving a Lexington- bar when he was approached by a fellow bar patron, Jimmy Muzic. Muzic asked Rieder to give him a ride home. Rieder refused and walked away toward his car. Muzic followed him and jumped in... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284516/ | ■ OPINIOÑ
D. LAMBERT, JUDGE:
This appeal surrounds an inmate disciplinary hearing at Northpoint Training Center (hereinafter, “Northpoint”). Appellant (hereinafter, “Ramirez”) was disciplined by the Appellee (hereinafter, “Adjustment Officer Nietzel”) for his alleged involvement in an assault on two other *149inmates, ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284517/ | OPINION
COMBS, Judge:
This case concerns, the proper application of Kentucky’s prevailing , wage , law (Kentucky Revised Statutes. (KRS) 337.505-550). TECO Mechanical Contractor, Inc., appeals from an order of the Franklin Circuit Court entered July 18, 2013, and from an order of that court entered September 5, 2013, ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284526/ | OPINION
J. STEYEN STAFFORD, P.J., W.S.,
delivered the opinion of the .Court,
in which ARNOLD B. GOLDIN, J., and KENNY ARMSTRONG, J., joined.
In this grandparent visitation case, the trial court awarded grandparents visitation with the child at issue,1 finding that there was “some deprivation”, of visitation by the chil... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284518/ | ORDER
PER CURIAM.
Willis Smith-Nunley (Defendant) appeals the judgment of conviction entered by the Circuit Court of the City of St. Louis after a jury found him guilty of one count of murder in the second degree, two counts of armed criminal action, and one count of robbery in the fust degree. Defendant claims that t... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284519/ | ORDER
PER CURIAM.
Lashonda Cole appeals the judgment denying her Rule 24.035 motion for post-conviction relief without an evidentiary hearing. We find that the motion court’s findings of fact and conclusions of law are not clearly erroneous.
No jurisprudential purpose would be served by a written opinion. We have, how... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125644/ | Motion for leave to appeal to the Court of Appeals denied. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284522/ | ORDER
PER CURIAM.'
Brian Burkett and Jeffrey Hales, Jr. (“Appellants”) appeal from the trial court’s judgment finding Josef and Maire Rohlik acquired certain real property through adverse possession. The Rohliks cross-appeal, arguing the' trial court’s award of an easement by necessity to Appellants was improper.
We ha... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284523/ | ORDER
PER CURIAM.
Joseph Verive ( Movant”) appeals the judgment of the Circuit Court of Pike County denying his Rule 24.035, motion for post-conviction relief after an evidentiary hearing. Movant contends the motion court erred in denying his motion because plea counsel was ineffective for (1) failing to provide Movan... | 01-04-2023 | 01-07-2022 |
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