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https://www.courtlistener.com/api/rest/v3/opinions/5284525/ | ORDER
PER CURIAM.
Saudi Brown appeals from the judgment denying his Rule 24.035 motion without an evidentiary hearing. The judgment is based on findings of fact that are not clearly erroneous. No error of law appears. We affirm.
An opinion would have no precedential value nor serve any jurisprudential purpose. The part... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284528/ | OPINION
CLAYTON, JUDGE:
Laura Glodo appeals the Laurel Circuit Court’s decree awarding permanent custody of her- three minor children to Warren and Brenda Evans, the paternal grandparents. Michael Young, the father, waived custody of the three children. After careful consideration, we vacate, and remand since the .Eva... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284529/ | OPINION
KRAMER, JUDGE:
A.S.,1 a female juvenile, appeals the Boyle Circuit Court’s order committing her to the custody of the Cabinet for Health and Family Services (Cabinet) as being beyond control.2 After a careful review of the record, we reverse and remand because AS. was not notified that she was charged with bei... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284530/ | ORDER
Per Curiam:
Tina Churchill appeals the circuit court’s findings respecting custody and parenting time set forth in the court’s Judgment and Decree of Dissolution of Marriage entered on December 24, 2014. We affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284532/ | ORDER
PER CURIAM.
Donald Davis (“Employee”) appeals from the judgment of the trial court in favor of Burlington NSF Railway. Employee argues the trial court abused its discretion: (1) by submitting a jury instruction on the affirmative defense of a failure to mitigate damages, and (2) by refusing to submit the withdraw... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284533/ | ORDER
PER CURIAM.
■Alicia Dailey (“Mother”) .appeals from the judgment of the trial court dissolving her marriage to Eric Dailey.
We have reviewed Mother’s brief and the record on . appeal and find the trial court did not err. An opinion reciting the detailed facts and restating the principles *592of law would have no ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/1471331/ | 851 S.W.2d 875 (1993)
Debra A. TERRY, Appellant,
v.
Elliott C. CALDWELL, Appellee.
No. C14-92-00351-CV.
Court of Appeals of Texas, Houston (14th Dist.).
February 11, 1993.
Rehearing Denied March 18, 1993.
Dianne Richards, Clifford A. Wilson, Houston, for appellant.
Randell B. Wilwhite, Houston, for appellee.
Before ROB... | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/1478492/ | 154 F.2d 101 (1946)
McGHEE
v.
UNITED STATES.
No. 198.
Circuit Court of Appeals, Second Circuit.
March 5, 1946.
*102 William Logan, Jr., and John F. X. McGohey, U. S. Atty., both of New York City (Hunt, Hill & Betts, and Geo. Whitefield Betts, Jr., and Helen F. Tuohy, all of New York City, of counsel), for respondent-ap... | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5284536/ | ORDER
PER CURIAM
Larry Johnson (Appellant) appeals the judgment of the Circuit Court of the City of St. Louis entered pursuant to a jury verdict committing him to secure confinement in the custody of the Department of Mental Health as a sexually violent predator. In two points on appeal, Appellant claims that the prob... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284554/ | ORDER
Per Curiam:
Ms. Linda Smothers and Mr, Greg Smothers appeal a June 2014 judgment nunc pro feme that purportedly clarified and finalized a November 2012 judgment, which this Court previously ruled not final and not otherwise appealable.
*204For reasons stated in the memorandum provided to the parties, we affirm. R... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285526/ | Luz Elena D. Chapa, Justice,
concurring
Laura Vasquez contended at oral argument that a Rule 91a motion was premature because additional time for discovery was necessary to develop the facts of the underlying case. Vasquez implies that had she had an opportunity to engage in additional discovery, she would have been ab... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284537/ | ORDER
PER CURIAM.
Jeremy Grant (Appellant) appeals from the trial court’s judgment finding him guilty of one court of tampering with a motor vehicle. We have reviewed the briefs’ of the parties and the record on appeal and conclude the trial court did not err in denyihg Appellant’s motion to suppress evidence. State v... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284540/ | ORDER
PER CURIAM:
Leslie Swinney brought suit against James Nicholson, Brook Robinson, and Gary Brown for breach of a residential lease. Following a bench trial the Circuit Court of Platte County entered judgment for Swinney for unpaid rent and property damage, and found Nicholson, Robinson, and Brown to be jointly and... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284541/ | ORDER
Per Curiam:
Mr. Norman Lee Toler appeals the judgment of indefinite secure confinement in the custody of the Missouri Department of Mental Health as a sexually violent predator (SVP).
For reasons stated in the memorandum provided to the parties, the judgment of the trial court is affirmed in accordance with Rule ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/2423099/ | 14 A.3d 829 (2010)
IN RE CONSOLIDATED RETURN OF TAX CLAIM BUREAU OF BLAIR COUNTY;
IN RE HUSS.
No. 123 WAL (2010).
Supreme Court of Pennsylvania.
December 29, 2010.
Disposition of Petition for Allowance of Appeal Denied. | 01-04-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/5284542/ | ORDER
PER CURIAM:
Cody Ramsey appeals his conviction of the Class A misdemeanor of possession of under 35 grams of marijuana in violation of § 195.202, RSMo. Ramsey argues that there was insufficient evidence to prove that he constructively possessed the drugs in question. We affirm. Because a published opinion would h... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284543/ | Keller, P.J.,
delivered the opinion of the unanimous Court.
In a habeas application attacking a judgment that imposed community supervision, appellee raised five grounds. Evidence supporting all of these grounds was submitted in either affidavit form or through witnesses at a live healing. The trial court granted relie... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284544/ | OPINION
Opinion by:
Jason Pulliam, Justice
University of the Incarnate Word (UIW) brings this interlocutory appeal from the trial court’s order' denying its plea to the jurisdiction. In its plea to the jurisdiction, UIW asserted the trial court is without subject matter jurisdiction because UIW is entitled to governmen... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284545/ | OPINION
BILL BASS, justice
Appellant, .Jason Wayne Belcher, appeals his conviction of the offense of aggravated assault of a child, enhanced by a prior conviction for the same type , of conduct. Appellant raises three issues on appeal. We .affirm..
Background
■ Appellant was accused of putting his finger inside the ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284546/ | OPINION AND ORDER
DIXON, JUDGE:
The Estate of Trudy Koenig, Terry Koe-nig as Administrator, appeals from an Or-dér of the Franklin .Circuit Court upholding the constitutionality of 810 KAR 1:025, § 22 and dismissing Koenig’s Petition for a Declaration of Rights. For the reasons set forth' herein, we dismiss the appeal... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284547/ | OPINION OF THE COURT BY
JUSTICE NOBLE
The Appellant, Lennie J. Dillon, was convicted of murder for shooting and killing his girlfriend, Amy Dennison, and was sentenced to forty years’ imprisonment. On appeal he' alleges numerous errors, including that police illegally obtained incriminating statements from him and that... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284548/ | CUNNINGHAM, J.,
CONCURRING IN‘RESULT:
I applaud the Majority in upholding the conviction in this case. I write separately to concur in the result. I respectfully disagree with some, but certainly not all, of Justice Noble’s well written opinion."
I do not believe the impeachment attempts of the witness Brad Saulsberry ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284549/ | OPINION OF THE COURT
Tawaiin Lewis appeals from his convictions of two' counts of intentional murder, two counts of assault in the'first degree, and one count of wanton endangerment in the first degree. On appeal, he argues that the trial court made five errors warranting reversal of his conviction and one error warran... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284550/ | OPINION
TAYLOR, JUDGE:
At issue in.this consolidated appeal from the Campbell and Kenton Circuit Courts is whether public libraries in Kentucky, created by petition pursuant to Kentucky Revised Statutes (KRS) 173.710 et seq., may assess the library’s ad valorem tax rate in accordance with KRS 132.023 (commonly referre... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284552/ | ORDER
PER CURIAM:
David Terry appeals his conviction for the class D felony of . sexual misconduct involving a child in violation of section 566.083. He claims that the evidence was insufficient to prove beyond a reasonable doubt that he knowingly exposed his genitals to the victim. Because a published opinion would h... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284553/ | ORDER
Per Curiam:
Ms. Tomell M. Thomas appeals from a judgment overruling and dismissing with prejudice her post-conviction relief motions under Rule 24.035 following an evidentiary hearing. For reasons stated in the memorandum provided to the parties, the judgment of the trial court is affirmed in accordance with Rule... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284557/ | ORDER
PER CURIAM.
Gary-Bowen, Willie Carter, Dale Crawford, John Curtis, Jacquelyn Glass, Maxine Hudson, Augustus Jacobs, Birdie Johnson, Charlie Johnson, Deonri Jones, Etta New-some, Monica Palmer, Rodney Phillips in his capacity as Personal Representative of the Estate of Deshandra Phillips, Robert *215Pierce, and E... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284558/ | Nancy Steffen Rahmeyer, J.
The Uelsmanns were divorced in 1998; David Uelsmann (“Father”) was ordered to pay child support to Karen L. Uelsmann (“Mother”). In the following years, Father was imprisoned and the child spent time with Mother and with her paternal grandparents. After Father, was released from prison, in Se... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284559/ | ORDER
Per Curiam:
Mr. Derrick L. Wooten, Sr. appeals from a judgment denying a post-cónviction relief motion under Rule 24.035 following an evidentiary hearing.
For reasons stated in the memorandum provided to the parties, we affirm. Rule 84.16(b). | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284560/ | Order
Per Curiam:
■Mr. Kevin D. Smith appeals the judgment of the Circuit Court of Lafayette County finding him guilty, after a jury trial, of one count of assault in the second degree, section 565.060 RSMo Cum.Supp. 2012. On appeal, 'Mr. Smith claims that the circuit court erred in admitting certain evidence against h... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284564/ | OPINION
Per curiam.
Applicant Kemos Marque Barnaby plead guilty in a package deal to four separate offenses of possession of a controlled substance with intent to deliver and was sentenced to four concurrent fifty-year sentences. In his .application for writ of habeas corpus, applicant challenged, only the voluntarine... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284565/ | *347OPINION
TOM GRAY, Chief Justice.
Michael Anthony McGruder was convicted of the offense of driving while intoxicated, a felony offense, and sentenced to 30 years in prison. See Tex. Penal Code Ann, § 49.04 (West 2011). Because , section 724.012(b)(3)(B) of the Texas Transportation Code is not unconstitutional, we af... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284567/ | *398OPINION
Ken Wise, Justice
Appellant David Dean Harris appeals his conviction for aggravated sexual assault of a child. The jury found appellant guilty and assessed his punishment at fifty years in prison. In three issues, appellant asserts that (1) Article 38.37, Section 2 of the Texas Code of Criminal Procedure is... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284568/ | OPINION
J. Brett Busby, Justice
Appellants EXLP Leasing, LLC and EES Leasing, LLC appeal from the trial court’s amended summary judgment declaring that: (1) sections 23.1241 and 23.1242 of the Texas Tax Code apply to appellants’ rental inventory; (2) those sections are unconstitutional as applied to that inventory; and... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284569/ | OPINION
J. Brett Busby, Justice
This is an interlocutory appeal from an order denying a motion to compel arbitration. Appellee Pepsi-Cola Metropolitan Bottling Co. (“Metro”) sued appellants Cooper Industries, LLC, Cooper Industries, Ltd., Cooper US, Inc., and Cooper Industries, PLC (collectively, “Cooper”), seeking to ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284570/ | OPINION
BONNIE SUDDERTH, JUSTICE
I, Introduction
In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring, null and void a note executed by Cathy Lewis1 and se... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284571/ | OPINION OF THE COURT BY
JUSTICE ABRAMSON
Appellant Tammy Dillard entered a conditional guilty plea to Failure of Owner to Maintain Required Insurance/Security and received a two year sentence, conditionally discharged, with “restitution to be determined.” The restitution issue arose when Dillard, while driving her unin... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284573/ | OPINION OF THE COURT BY
CHIEF JUSTICE MINTON
Marcus D. Greene contends that he pleaded guilty relying upon inaccurate information given to him by his counsel concerning jail-time credit he could receive against the sentence of imprisonment ultimately imposed upon him in the judgment entered in the present case. Greene ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284574/ | OPINION
COMBS, JUDGE:
This appeal has been filed by Matthew Baker as a result of our grant of his *634petition for discretionary reyiew of a Fay-ette Circuit Court order. The Fayette Circuit Court had affirmed a Fayette District Court order denying a motion to suppress. At issue is whether the police had reasonable, s... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284575/ | OPINION
THOMPSON, JUDGE:
Matthew Helms appeals from an order revoking his pretrial diversion and sentencing him to two years’ imprisonment in accordance with his original sentence. He contends the Boyd Circuit Court abused its discretion when it voided his diversion agreement without considering whether violations of ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284576/ | OPINION
VANMETER, JUDGE:
Janessa Lambert appeals from the Whitley Circuit Court’s order denying her motion to alter, amend or vacate the court’s findings of fact, conclusions of law and decree of custody entered in favor of her father, Donald Lambert. For the following reasons, we affirm in part, reverse in part, and ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284579/ | ORDER
PER CURIAM
Z.B. (Mother) and D.N. (Father) appeal the trial court’s judgment terminating their parental rights to their son-, A.C.B. (Child). Both parents claim there was insufficient evidence supporting the grounds for termination and the court’s finding that termination was in the child’s best interest.
We have... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284581/ | ORDER
PER CURIAM.
Todd Wiley , appeals from the judgment of the motion court denying his Rule *67624.0351 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 findings and conclusions of the motion court are not clearly err... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284582/ | ORDER
PER CURIAM
Quintín Gray, Sr. (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, the... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284584/ | ORDER
PER CURIAM
Brandon C. Payne appeals from the motion court’s Findings of Fact, Conclusions of Law, and Order denying, without an evidentiary 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... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284585/ | ORDER
PER CURIAM.
- James Heberer appeals.from the judgment denying'his Rule 24.035 motion without an evidentiary hearing. We find the motion court’s findings of fact and conclusions of law are not clearly erroneous and affirm.
An opinion would have no precedential value nor serve any jurisprudential purpose. The. part... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125651/ | Motion to dismiss appeal granted, unless appellant serves printed papers as required by the rule, within thirty days, and in case papers are so served, motion denied. No costs to either party. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125652/ | Order appealed from affirmed, with ten dollars costs and disbursements. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285527/ | *464OPINION
Marc W. Brown, Justice
Appellant Donald Julian appeals from his conviction of one count of failure to report change of address1 as a registered sex offender and two counts of failing to register as a sex offender regularly visiting a location.2 Appellant presents one issue: that the evidence adduced at tria... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285524/ | Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
01/07/2022 01:07 AM CST
- 302 -
Nebraska Supreme Court Advance Sheets
310 Nebraska Reports
... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284586/ | *679
ORDER
Claimant, Venus Williams, appeals from the order of the Labor & Industrial Relations Commission (the Commission) denying her unemployment benefits. The Commission adopted the decision of the Appeals Tribunal of the Division of Employment Security, which found that Claimant was not able and available for wor... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284588/ | ORDER
PER CURIAM
Barry A. Yardley (“Defendant”) appeals from the motion court’s denial, without an evidentiary hearing, of Defendant’s Rule 24.035 amended motion for post-conviction relief alleging he was “pressured/coerced” into pleading guilty. • Defendant pled guilty to the charges of felony violation of an adult p... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284589/ | ORDER
PER CURIAM
Larry Betzel (Movant) appeals the denial of his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. Movant claims the motion court clearly erred in denying his post-.conyiction motion because his trial counsel was ineffective for failing to investigate and locate a videotape ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284590/ | ORDER
PER CURIAM
The defendant, Evrick Brown, 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 first-degree assault, in violation of section 565.050 RSMo. (2000), and one count of armed criminal action, in violation of section 571... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284591/ | ORDER
Per Curiam:
Raveill Investments, L.L.C., Mr. Timothy and Mrs. Lori Raveill, and Mr. William and Mrs. Lola Putthoff appeal the summary judgments in favor of Great American Bank and Messrs. Joseph Keller and Gary Leeper. ■
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/5284592/ | ORDER
Per Curiam:
Kartel Capital, LLC and its founder Mr. Joseph Kashani appeal the amended judgment granting KC Life Insurance Co.’s motion for summary judgment in this dispute over the sale of the Penntower Office Building in Kansas City, Missouri.
For the reasons stated in the memorandum provided to the parties, the... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125653/ | Order appealed from reversed, with ten dollars costs and disbursements. Held, that the complaint contains sufficient averments to constitute a cause of action for the recovery of the possession of peisonal property. If the complaint contains inconsistent averments respecting the possession of the property, it may be ma... | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285528/ | OPINION
Brian Quinn, Chief Justice
Christina Lee Kite, formerly Christina Lee Barnhill (Barnhill), appeals from a summary judgment denying her recovery against Charles Edward King and the: law firm of Sprouse, Shrader, Smith, P.C. King is a member of the latter firm, and we refer to them collectively herein as King. Ba... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284594/ | *737
ORDER
PER CURIAM:
Russell Young (Husband) appeals the judgment of the trial court dissoMng his marriage to Shirley Young (Wife). He claims that the trial court erred in awarding Wife a portion of funds Husband received due to a disability award from the Veterans Administration, in awarding Wife one half of her at... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284595/ | Order
Per Curiam:
Mr. Woodrow Dillard appeals from the Judgment of,the Circuit" Court of Jackson County, Missouri, denying his Rule 29.15 motion for post-conviction relief, after an evidentiary hearing. We affirm. Because a published opinion would have no prece-dential value, a memorandum setting forth the reasons for ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284596/ | ORDER
Per curiam:
Domionte Cheatum appeals his convictions of murder in the second degree, rob*738bery in the first degree, and armed criminal action following a jury trial. Cheatum complains about comments during closing argument; that he was denied a speedy trial; and about the admission of evidence he claims was leg... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284597/ | OPINION
Opinion by
Justice LONGORIA.
Relator, Carolyn Casterline, filed a petition for writ of mandamus in the above cause on December 20, 2013 contending that the trial court abused its discretion by granting a motion to reconsider and reopen an expedited foreclosure proceeding after it had already denied the applicat... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284598/ | OPINION
Opinion by
Justice BENAVIDES.
This is an interlocutory appeal from the trial court’s denial of an architect’s motion to dismiss únder Texas Civil Practice and Remedies Code section 150.002 for lack of a certificate of merit. See Tex Crv. Prac. & Rem.Code Ann, § 150.002(f) (West, West-law through 2013 3d C.S.) (... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284599/ | GREGORY T. PERKES, Justice,
dissenting.
Because I disagree that Frazier’s original answer and responsive discovery clearly waived his right to dismiss GNRC’s suit against him for not complying with Texas Civil Practice and Remedies Code section 150.002,1 respectfully dissent.
■ I: agree with the majority’s recitation o... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284600/ | WAYMOND M. BROWN, Judge | Appellant appeals from the circuit court’s adjudication of his delinquency on charges of theft by receiving, a Class C felony.1 Appellant’s sole point on appeal is that the circuit court erred by failing to grant his motion for directed verdict2 when the sole evidence came from the testimony o... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284601/ | Robert J. Gladwin, Chief Judge, dissenting. I dissent because appellant’s sole argument on appeal is that the circuit court erréd in denying his motion to dismiss at the adjudication hearing because the accomplice testimony was’ not sufficiently corroborated with réspect to the crime of theft by receiving. He faded to ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284602/ | OPINION
VANMETER, JUDGE:
Derek Sullivan appeals from the Boone Circuit Court’s order revoking his probation and ordering him to serve his five-year sentence of imprisonment. On appeal, Sullivan alleges that he was deprived of due process at the revocation hearing because of hearsay testimony offered by a probation off... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284603/ | OPINION
NICKELL, JUDGE:
Chris Embry appeals from an order entered by the Grayson Circuit Court denying a motion to vacate his conviction of three felony sex crimes against a minor. He claims counsel did not tell him his guilty plea would result in mandatory lifetime registration as a sex offender, even though the tria... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284604/ | Laura Denvir Stith, Judge
The City of De Soto and De Soto resident James Acres (collectively “De Soto”) appeal the trial court’s grant of summary judgment to the governor and attorney general on De Soto’s suit seeking a declaratory judgment that section 321.322.41 violates the prohibition against special laws contained... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284606/ | ORDER
PER CURIAM
James Shields (Movant) appeals the motion court’s denial of his pro se “Re-Open Motion for Post-Conviction Relief and a Amended Motion Due to Abandonment of Counsel.” Movant raises multiple arguments regarding abandonment of trial counsel and post-conviction appellate counsel, as well as his entitleme... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284607/ | ORDER
PER CURIAM.
Thomas P. Lebon (Appellant) appeals from the judgment entered by the trial court upon a jury verdict finding him *306guilty of second-degree burglary, stealing, and possession of burglar’s tools. We have reviewed the briefs of the parties and the record on appeal and conclude the trial court did not ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284609/ | ORDER
PER CURIAM.
John Marshall appeals the judgment entered upon his conviction by jury of kidnapping and domestic assault in the second degree. We have reviewed the briefs of the parties and the record on appeal and conclude that no reversible error occurred. An extended opinion would have no jurisprudential purpose... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125655/ | Judgment and conviction *64reversed and proceedings remitted to the Court of Sessions of Chautauqua county. Meld, that the court erred in overruling the objection taken by defendant’s counsel to the question, “ What was said as to notes or credit ? ” there being no allegation in the indictment that the property was bou... | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284612/ | ORDER
PER CURIAM
Keith Smith appeals from the motion court’s judgment denying his Rule 24.035 motion for post-conviction relief without an evidentiary 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. ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284613/ | ORDER
PER CURIAM.
Cletus Greene appeals from the judgment entered after a jury trial on his conviction for possession of a controlled substance. There was sufficient evidence to establish the chain of custody for the exhibit containing the Hiethamphetamine in this case and sufficient evidence of Greene’s knowledge that... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284615/ | ORDER
PER CURIAM
Kathleen Brown appeals the Labor and Industrial Commission’s decision denying her unemployment benefits. In a single point on appeal, Brown argues that the Commission erred in determining that she did not act in good faith when voluntarily terminating her employment.
We have reviewed the briefs of the... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284616/ | ORDER
PER CURIAM
Joseph Clark (Defendant) appeals from the judgment upon his convictions following a jury trial for one count of forcible rape, in violation of Section 566.030, RSMo 20001; one count of forcible sodomy, in violation of Section 566.060; one count of incest, in violation of Section 568.020; and one count... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125656/ | Order appealed from reversed. Held, that there being evidence in the case from which the jury might have found that the defendant’s employees who were operating the train knew that the switch was open and that there were men at work upon the standing cars, and the presumption being that the jury so found, the alleged n... | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125657/ | Motion for re-argument or for leave to appeal to the Court of Appeals denied, with ten dollars costs. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285529/ | *564OPINION OP THE COURT BY
JUSTICE WRIGHT
Appellant, Jesse Rice, had a blood alcohol level of .212 when arrested on charges of driving under the influence (DUI), fourth offense; driving on a DUI-suspended license, second offense; reckless driving; and possessing an open alcoholic beverage container in his vehicle. A B... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284617/ | ORDER
PER CURIAM
Appellant Tyrone Little (“Little”) appeals from the judgment of the motion court denying his Rule 24.035 motion for post-conviction relief without an evidentia-ry hearing. On appeal, Little claims the motion court clearly erred in denying his motion without an evidentiary hearing because he alleged fa... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284618/ | ORDER
PER CURIAM.
Daniel Hereford (“Hereford”) and Page Group, Inc. (“Page Group”) (collectively, “Appellants”) appeal from the trial court’s judgment in favor of the Owners Association of 7569-7571 Buckingham Condominium (the “Association”) and Buckingham Place Condo Association, L.L.C. (collectively, “Respondents”) ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284620/ | ORDER
PER CURIAM
D’Andre Whitley appeals from the motion court’s denial of his Rule 29.15 motion for post-conviction relief following an evi-dentiary 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. H... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284621/ | ORDER
PER CURIAM.
Mark Burse appeals from the motion court’s judgment denying his motion for post-conviction relief under Mo, R.Crim. P. 29.15 after an evidentiary hearing. We have reviewed the briefs of the pax-ties and the record on appeal, and we conclude the motion court did not clearly err in denying Movant’s mot... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284622/ | ORDER
PER CURIAM.
Jonathan Mercer appeals the judgment entered after a bench trial convicting him of possession of a controlled substance. We find no error has occun-ed.
*319No jurisprudential purpose would be served by a written opinion. We have, however, provided the parties a memorandum setting forth the reasons fo... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284623/ | ORDER
PER CURIAM
Bobby Joe Roberts appeals from the judgment of the circuit court denying, without an evidentiary hearing, his Rule 29.15 motion for post-conviction relief. We affirm.
We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be serve... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125659/ | Declined to be heard for the reason that the case does not show that it has been settled by the trial judge. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/6125660/ | Judgment affirmed. Cuykendall v. Douglas (19 Hun, 577) and Cuykendall v. Corning (decided at the present term) followed. | 01-04-2023 | 02-04-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5285530/ | *568
OPINION
NICKELL, JUDGE:
In the aftermath of a work-related motor vehicle accident (MVA) for which he sought underinsured motorist (UIM) benefits from his employer’s carrier, Mitsui Sumitomo Insurance Company, as well as his own personal carrier, State Auto Property and Casualty Company, John L. Brown appeals from... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284624/ | *320
ORDER
PER CURIAM
Sherman Tripp appeals the trial court’s judgment, after a bench trial, convicting him of assault of a law enforcement officer and resisting arrest. We affirm.
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 b... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284625/ | ORDER
PER CURIAM
Joseph Jackson appeals from the judgment entered upon a jury verdict finding him guilty of unlawful possession of a firearm, Section 571.070 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 ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284627/ | ORDER
PER CURIAM.
Travis Nunley appeals from the judgment entered upon his conviction, after a jury trial, of one count of. second-degree murder, in violation of Section 565.021, RSMo (2000),1 one count of first-degree robbery, in violation of Section 569.020, and two counts of armed criminal action, in violation of S... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284629/ | ORDER
PER CURIAM
Terrell Johnson (“Movant”) appeals from the judgment of the motion court denying his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. Movant argues the motion court clearly erred in denying his motion because the court accepted his guilty pleas, found him to be a persistent... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284630/ | NEWELL, J.,
delivered the opinion of the Court,
in which KELLER, P.J., MEYERS, JOHNSON, HERVEY, ALCALA, RICHARDSON and YEARY, JJ., joined.
If a defendant pleads true to an enhancement paragraph, can a court of appeals imply a trial court’s finding of true regarding that prior conviction used for enhancement when the tr... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284631/ | OPINION
ALCALA, J.,
delivered the opinion of the Court
in which KELLER, P.J., MEYERS, JOHNSON, KEASLER, YEARY, and NEWELL, JJ., joined.
In this opinion, we review the holding of the court of appeals reversing the conviction of Joseph Lester Green, appellant, for aggravated sexual assault- of a child based on its concl... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284632/ | DISSENTING OPINION
RICHARDSON, J.,
filed a dissenting opinion in which HERVEY, J., joined.
I agree with the majority that the trial court erred by including in the jury charge a detailed definition of “female sexual organ” and an explicit instruction regarding what constitutes “penetration.” Instructing the jury on th... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284633/ | OPINION
HERVEY, J.,
delivered the opinion of the Court
in which JOHNSON, KEASLER, ALCALA, RICHARDSON, YEARY, and NEWELL, JJ„ joined.
Appellant was convicted of capital murder and sentenced to death. He subsequently challenged his competency to be executed. The trial court denied Appellant’s motion because he failed to... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284634/ | KELLER, P.J.,
dissenting
Mental illness and incompetence to be executed are not the same thing.1 Appellant has produced evidence that he is mentally ill, but he has produced no evidence that he fails to understand (1) that he is to be executed and the execution is imminent or (2) the reason he is to be executed. There ... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284635/ | OPINION
Kem Thompson Frost, Chief Justice
This is an appeal from a divorce decree following a jury trial on one issue and a bench trial on other issues. The issue at the jury trial was whether the stock of a corporation was community property or the separate property of either spouse. After the wife rested her case-in-... | 01-04-2023 | 01-07-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/5284636/ | OPINION
Marc W. Brown, Justice
This-is a personal-injury case involving a worker’s compensation nonsubscriber. A *587jury found appellant Katy Springs & Manufacturing, Inc. liable for negligence and awarded appellee Joseph Favalora $779,627,02 in compensatory damages. Katy Springs appeals the. judgment in eight main is... | 01-04-2023 | 01-07-2022 |
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