Cases

ROTHENBERG, J. Gerard P. Francois (“the defendant”) appeals his convictions for aggravated battery and misdemeanor battery based on the trial court’s denial of his ore tenus motions for a continuance and for substitution of private counsel for his court-appointed counsel after the jury had been selected and sworn, and he also asks us to find ineffective assistance of his court-appointed counsel on the face of the record. Be

448 F.3d 645 Kesner FRANCOIS, Appellantv.Alberto GONZALES,* Attorney General; Michael Chertoff,* Department of Homeland Security, Bureau of Immigration & Customs Enforcement; Michael J. Garcia, Associate Secretary of the Department of Homeland Security, Bureau of Immigration & Customs Enforcement; John Torres, District Director, Department of Homeland Security-Burea

McKEE, Circuit Judge. Kesner Francois appeals the district court’s denial of the petition for a writ of habeas corpus that he filed pursuant to 28 U.S.C. § 2241, seeking relief from removal based upon alleged violations of the Convention Against Torture (“CAT”). For the reasons that follow, we will convert Francois’ habeas petition into a petition for review, and deny his petiti

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Balter, J.), rendered February 10, 2015, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is reversed, on the law, and a new trial is ordered.

LILJEBERG, J. Defendant, Gary M. Francois, appeals his conviction and sentence for second degree murder. For the following reasons, we affirm and remand for correction of the Uniform Commitment Order. PROCEDURAL HISTORY On April 9, 2015, a Jefferson Parish Grand Jury returned an indictment charging defendant, Gary M. Francois, with the second degree murder of James Vaughn,

76 So.3d 360 (2011) UNIVERSITY OF MIAMI, Appellant, v. Nelson FRANCOIS, etc., Appellee. No. 3D10-3201. District Court of Appeal of Florida, Third District. December 21, 2011. *362 Fowler White Burnett, and Marc J. Schleier, and Helenmarie M. Blake, for appellant. Justine S. Anagnos, and Loreen I. Kreizinger, Fort Lauderdal

Opinion CHIN, J. this lawsuit, defendants moved for summary judgment. The trial court denied the motion. More than a year later, some of the defendants again moved for summary judgment on the same grounds. The court granted the second motion. We must decide whether the court had authority to consider the new motion even though it was not based on either new facts or new law. Code of Civil Procedure sections

Opinion CHIN, J. this lawsuit, defendants moved for summary judgment. The trial court denied the motion. More than a year later, some of the defendants again moved for summary judgment on the same grounds. The court granted the second motion. We must decide whether the court had authority to consider the new motion even though it was not based on either new facts or new law. Code of Civil Procedure sections

People v Garcia (2019 NY Slip Op 06509) People v Garcia 2019 NY Slip Op 06509 Decided on September 11, 2019 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary La

The defendant contends that he was denied his right to a speedy trial pursuant to CPL 30.30 (1) (a). That statute provides that the People must be ready for a felony trial within six months of the commencement of the criminal action. Since less than 182 days were chargeable to the People, the Supreme Court properly denied the defendant’s motions to dismiss the indictment on speedy trial grounds (see CPL 30.30 [1] [a]; People v Caraballo,

*1366 ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT STEPHAN P. MICKLE, Chief Judge. This cause comes before the Court on the parties’ cross motions for summary-judgment. Docs. 86 and 94. At issue is whether the Florida referral statute, which prohibits Florida doctors from referring patients for lab work to entities in which th

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FERNANDO CORDERO-GARCIA, No. 19-72779 AKA Fernando Cordero, Agency No. Petitioner, A014-690-577 v. OPINION MERRICK B. GARLAND, Attorney General, Respondent. On Remand from the United

OPINION AND ORDER ADOPTING IN PART REPORT AND RECOMMENDATION, OVERRULING IN PART RESPONDENT’S OBJECTIONS, AND GRANTING PETITION FOR WRIT OF HABEAS CORPUS DAVID M. LAWSON, District Judge. Petitioner Antonio Garcia-Dorantes, presently in the custody of the Michigan department of corrections, filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his co

MURPHY, Circuit Judge. Petitioners Sulmy A. Garcia Milian and her minor sons, all natives and citizens of Guatemala, applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Immigration Judge (IJ) denied the requested relief, and the Board of Immigration Appeals (BIA) dismissed petitioners’ appeal. They now seek review of the BIA

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-05-00115-CV Jose Herrera, Appellant v. Seton Northwest Hospital and Francois A. Gordan, M.D., Appellees FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT NO. GN401539, HONORABLE PATRICK O. KEEL, JUDGE PRESIDING OP

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-05-00115-CV Jose Herrera, Appellant

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 02-1402 ___________ Cesar Enrique Regalado-Garcia, * * Petitioner, * * Petition for Review of an v. * Order of the Board of

KRAVITCH, Circuit Judge: The government appeals the district court’s pre-trial order suppressing evidence in this prosecution for drug possession. Because we hold that the district court erred in finding that the search did not occur within the functional equivalent of the border, we reverse.

WOLLMAN, Circuit Judge. Cesar Enrique Regalado-Garcia, a native and citizen of Mexico, petitions for *786 review of a final order of the Board of Immigration Appeals (BIA). The BIA affirmed the Immigration Judge’s denial of Regalado-Garcia’s applications for asylum, withholding of removal, and volun

492 So.2d 360 (1986) Enrique GARCIA, Appellant, Cross-Appellee, v. STATE of Florida, Appellee, Cross-Appellant. No. 64841. Supreme Court of Florida. June 5, 1986. Rehearing Denied August 25, 1986. *363 James Marion Moorman, Public Defender and Robert F. Moeller, Asst. Public Defender, Tenth Judicial Circuit, Bart