Cases

HUNSTEIN, Justice. Appellant Thomas Marlin Francis was convicted by a jury of murder and related offenses for the October 31, 2006 shooting death of his wife, Denise Michele Francis. Francis appeals the denial of his amended motion for new trial, contending that the evidence was insufficient for a jury to find him guilty; the trial court erred by denying his motion to suppress h

LOKEN, Chief Judge. In this Chapter 7 bankruptcy proceeding, debtors Frank and Mary Lu Takes claimed a homestead exemption in Unit No. 4 of the Garnett Place Town-homes in Cedar Rapids, Iowa, where they have lived since 1994 and which they purchased in 2004. Creditors LaSalle Bank and Valley Bank objected to the exemption, arguing that under Iowa law — which governs this issue

MEMORANDUM OPINION (July 14, 2015) THIS MATTER comes before the Court on Plaintiff’s Motion to Transfer the action to the U.S. District Court for the Southern District of Florida. (Diet. No. 97.) For the reasons discussed below, the Court will deny the Motion and dismiss Plaintiff’s Complaint. I. Background Plaintiff Troy Francis filed a Complaint on April 28, 2010 in this st

MELLOY, Circuit Judge. Francis Leroy McLain was convicted for failing to account for and pay employment taxes in violation of 26 U.S.C § 7202. He initially was sentenced to 48 months’ imprisonment and fined $75,000. In a first appeal, we affirmed his conviction but vacated his sentence and remanded for re-sentencing on the existing record. United States v. McLain, </

BROWN, C.J. | defendant, St. Francis Specialty Hospital, filed a writ with this Court complaining of a judgment rendered on March 4, 2016, by the district court denying its motion for partial summary judgment as to *247some of plaintiffs’ claims against defendant. This Court granted the writ and converted it to the instant appeal. For the reasons se

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE November 19, 2013 Session STATE OF TENNESSEE v. WALTER FRANCIS FITZPATRICK, III Appeal from the Criminal Court for Monroe County No. 12108-CRM Walter C. Kurtz, Judge No. E2013-00456-CCA-R3-CD - Filed April 11, 2014 Appellant, Walter Francis Fitzpatrick, III, was indicted by the Monroe County Grand Ju

GÓMEZ, Chief Judge MEMORANDUM OPINION (December 15, 2008) Before the Court is the motion of the defendant, Mitchell Francis (“Francis”), to dismiss the indictment for alleged prosecutorial misconduct. I. FACTUAL AND PROCEDURAL BACKGROUND Francis and his former co-defendant, Atiba Brathwaite (“Brathwaite”), were indicted in February, 2008

CARAWAY, J. 11 This is an appeal of a Monroe City Court judgment awarding plaintiff $27,145.72 in general and special damages against a medical clinic for medical malpractice in connection with treatment of an alleged spider bite. Finding that the plaintiff did not establish the standard of care that was allegedly breached by the clinic, we reverse and vacate the trial court’s judgment. Facts and Proce

CARAWAY, J. l,In this slip and fall case, the plaintiff slipped on a mat as she entered the hospital-defendant’s clinic. Plaintiff further injured. her preexisting knee condition as a result of this fall. Following a bench trial, the trial court determined that the plaintiff was free from fault and slipped on a wet floor mat. Nevertheless, the trial court failed to find any lapse in the hospital’s inspection procedure for th

IN THE SUPREME COURT, STATE OF WYOMING 2024 WY 56 APRIL TERM, A.D. 2024 May 30, 2024 LAURA SHIPLEY, Appellant (Defendant), v. S-23-0260 FRANCIS SMITH, Appellee (Plaintiff). Appeal from the Distri

OPINION HURWITZ, Circuit Judge: The issue for decision is whether the Securities Litigation Uniform Standards Act (“SLUSA”), Pub L. 105-353, 112 Stat. 3227, deprived the district court of subject matter jurisdiction over complaints alleging a breach by a securities dealer of the “duty of best executi

30 So.3d 1071 (2010) Milton D. BAMBURG, Plaintiff-Appellant, v. ST. FRANCIS MEDICAL CENTER and Dr. Lin Xiong, Defendants-Appellees. No. 45,024-CA. Court of Appeal of Louisiana, Second Circuit. January 27, 2010. *1072 Donald L. Kneipp, for Appellant. Hayes, Harkey, Smith & Cascio by Bruce M. Mintz, Laura S. Achord, Monr

Order PER CURIAM. Jeffrey Francis appeals from an order of the circuit court denying, without an evi-dentiary hearing, his Rule 29.15 motion for post-conviction relief. The appellant was convicted, after a jury trial in the Circuit Court of Jackson County, of three counts of assault in the first degree, § 565.050, and three counts of armed criminal action (ACA), § 571.015. He was sentenced to consecutive

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERT DOUGLAS SMITH, Nos. 96-99025 Petitioner-Appellant, 96-99026 10-99011 v. D.C. No. DORA B. SCHRIRO, Warden, CV-87-00234-RMB Arizona, Department of Corrections, Respondent-Appellee. OPINION Appeal from the United States Distri

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

DREW, J. | this action brought by a patient’s children against two hospitals, the treatment rendered at the hospitals is not at issue. Rather, it is the decision by one hospital to accept the patient for transfer and the decision by another hospital to accept the patient for transfer momentarily before denying the transfer that are at the core of this lawsuit. The children appeal summary judgments dismissing their claims. We r

The opinion of the court was delivered by BILES, J.: Francis Smith directly appeals his convictions of four sex offenses. The charges stem from an incident during which Smith touched two girls, who were 13 and 15 years old, while photographing them in provocative poses wearing two-piece, bikini-style bathing suits. Smith orchestrated the photo session and had the teenage girls touch each other for some of th

Matter of Smith v Francis (2022 NY Slip Op 04026) Matter of Smith v Francis 2022 NY Slip Op 04026 Decided on June 22, 2022 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 43

IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA January 2023 Term FILED March 27, 2023 _____________________ released at 3:00 p.m. EDYTHE NASH GAISER, CLERK No.

195 S.W.3d 807 (2006) In re MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED, Cecil R. "Cap" Chesser, Margaret McCluskey, Bill Corbellini, and Dwight Emanuelson, Jr., Relators. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Cecil R. "Cap" Chesser, Margaret McCluskey, Bill Corbellini, and Dwight Emanuelson, Jr., Appellants, v. Lockey Investment Group, L.L.C., Appellee. No. 05-04-00700-CV.