Cases

Burton v Davis (2022 NY Slip Op 01412) Burton v Davis 2022 NY Slip Op 01412 Decided on March 08, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431

ORDER Omar Burton, an Indiana state prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, claiming that he was denied due process of law in a prison disciplinary proceeding. The district court denied his petition, and we affirm. On the morning of February 14, 2000, Officer Hudson, who was Mr. Burton’s supervisor at his prison sanitation job, was following Mr. Burton from his work area to anoth

Matter of Davis v Burton (2020 NY Slip Op 04042) Matter of Davis v Burton 2020 NY Slip Op 04042 Decided on July 17, 2020 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to

DAVIS, Judge. This case presents the issues of whether (1) the State must affirmatively prove that a vehicle was "readily mobile" in order for the "automobile exception" to permit a warrantless search under the Fourth Amendment; and (2) Miranda warnings are required before a law enforcement officer may read aloud the charges against two arrestees in each other's pres

R. DAVID PROCTOR, UNITED STATES DISTRICT JUDGE This matter is before the court on Defendant's Motion to Dismiss. (Doc. # 5). The Motion requires the court to decide whether it has subject matter jurisdiction over Plaintiff's claim and, if so, whether Plaintiff has stated a claim upon which relief can be granted. See Fed. R. Civ. P. 12(b)(1), 12(b)(6). The court concludes the answer to both is yes. Thus, as more fully explai

Court of Appeals of Kentucky. Certiorari denied.

740 N.E.2d 850 (2000) BURTON, Robert, et al., appellants, v. ESTATE OF DAVIS, et al., appellees. No. 39S05-0011-CV-717. Supreme Court of Indiana. December 22, 2000. ORDER The Court of Appeals issued an opinion in this appeal on June 27, 2000. Burton v. Estate of Davis, 730 N.E.2d 800 (Ind.Ct. App.2000), trans. granted. The appellants file

730 N.E.2d 800 (2000) Robert BURTON, individually and as an agent and representative of Meese, Inc., and Meese, Inc., Appellants-Defendants, v. The ESTATE OF David DAVIS, Deceased by its Personal Representative, Roxann Davis, and Steve and Cari Ayler, Appellees-Plaintiffs. No. 39A05-9910-CV-468 Court of Appeals of Indiana. June 27, 2000.

FOX, Justice. *541[¶1] After a bench trial, the circuit court cancelled the mobile home sale between Respondent, Burton Construction, Inc., and Petitioner, Justin James Larson, finding that the parties made a mutual mistake in drafting their contract. On appeal, the district court reversed the circuit court's decision and found that Mr. Larson

PER CURIAM. AFFIRMED. Shelton v. Sec’y, Dep’t of Corr., 691 F.3d 1348 (11th Cir.2012); State v. Adkins, 96 So.3d 412 (Fla.2012). TORPY, PALMER, and JACOBUS, JJ., concur.

O’SCANNLAIN, Circuit Judge, dissenting: The Court affirms the grant of a petition for writ of habeas corpus in this death penalty case by holding that the California courts did not determine—in a full, fair, and adequate hearing—the merits of Andre Burton’s request for self-representation during his murder trial. I respectfully disagree because I am not persuaded that the California Supreme Court decision was

MEMORANDUM OPINION MADELINE HUGHES HAIKALA, District Judge. Defendants MAPCO Express, Inc. and Delek U.S. Holdings, Inc. have asked the Court to dismiss plaintiff Brian Burton’s amended complaint. (Docs. 20, 21). Mr. Burton has been attempting to frame claims against MAPCO and Delek relating to data breaches that MAPCO suffered over the course of 11 days between March 19, 2013 and April 21,

951 F.2d 1257 Burtonv.Officer Davis* NO. 91-2565 United States Court of Appeals,Fifth Circuit. Dec 23, 1991 1 Appeal From: S.D.Tex. 2

23 So.3d 873 (2009) Christopher K. BURTON, Appellant, v. STATE of Florida, Appellee. No. 2D08-5279. District Court of Appeal of Florida, Second District. December 30, 2009. Christopher K. Burton, pro se. SILBERMAN, Judge. Christopher K. Burton seeks review of the order dismissing his motion for postconviction relief which was filed pursuant to Florida

HOFFMAN, Judge: This is an appeal from the lower court’s order denying appellant’s petition to open a default judgment. Appellants contend that the lower court erred in refusing to open the judgment because they offered a reasonable excuse for their failure to answer the complaint. We disagree and, accordingly, affirm the lower court’s order. In January, 1985, appellee was injured when she slipped and fell

49 Cal.Rptr.3d 334 (2006) 143 Cal.App.4th 447 The PEOPLE, Plaintiff and Respondent, v. Carlos Cortez BURTON, Defendant and Appellant. No. C051500. Court of Appeal of California, Third District. September 27, 2006. *336 Appeals Unlimited and Richard Power, Shingle Springs, under appointment by the Court of

Kevin Burton appeals his conviction for possession of marijuana widi a previous conviction. The principal issue before us is whether the trial court erred in denying Burton's motion to suppress evidence. In his appeal, Burton raises two issues: (1) whether the police officer feared for his safety, justifying a pat-down search of Burton; and (2) whether the trial court erred in scoring Burton's criminal history. Because we determine that the officer was not justified in making a pat-do

Warren, Justice. On March 14, 2016, Appellant Brandon Davis pled guilty in the Superior Court of Bibb County to the felony murder of Chassity Lester. Pursuant to a negotiated plea agreement, the State nolle prossed one count of malice murder (the only other charge for which Davis had been indicted in this matter), and the trial court sentenced Davis to life imprisonment. Approximately two weeks later, and during the same term of cou

Bethel, Justice. **851Nearly twenty years ago, Appellant Donald Davis pleaded guilty to the murder of Shereka Smith and was convicted and sentenced. Davis did not timely pursue a direct appeal. Following his unsuccessful pursuit of a writ of habeas corpus, he filed a motion for an out-of-time appeal of his conviction, which the trial court deni

Bethel, Justice. *325William Darnell Davis and Trinika Beamon appeal from the trial court's denial of their motions for new trial after a jury found them guilty of felony murder and related crimes in connection with the death of T'arsha Williams and the aggravated assault of Julius Larry.1 In Case S19A0164, Davis