Cases

SOTOMAYOR, Circuit Judge, concurring in the judgment. The majority takes it upon itself to resolve a question that it need not reach in order to dispose of the present case. Moreover, it does so even though this Court has previously held that we should not reach the merits of this very Sentencing Guidelines issue unless we first conclude that the defendant received a higher sentence than he would have receiv

COLEMAN, Circuit Judge: On June 3, 1969, the grand jury for the Northern District of Texas, at Lubbock, charged this appellant, Jimmy Joiner, with having unlawfully, knowingly, and feloniously aided and abetted the President of the Lorenzo State Bank in the misapplication of $82,676.67 of the funds of that bank. That part of the indictment [Count 3] which resulted in a convictio

MEMORANDUM OPINION JAMES E. BOASBERG, District Judge. Plaintiffs are nine officers in the Library of Congress Police who were transferred to the U.S. Capitol Police pursuant Congress’s merging of the two forces. 1 Under this merger, LOC police who met certain requirements were transfer

JEFFREY W. BATES, J. This is the second appeal arising from the dissolution proceeding involving the marriage of Mark Bell (Mark) and Jeneffer Bell (Jeneffer). See Bell v. Bell, 360 S.W13d.270 (Mo.App. S.D.2011) (Bell I) 1 Mark and his father, Jimmie Bell (Jimm

*********** The Full Commission has reviewed the prior Opinion and Award based upon the record of the proceedings before Deputy Commissioner Chapman and the briefs and arguments before the Full Commission. The appealing party has shown good grounds to reconsider the evidence, and upon reconsideration, the Full Commission affirms in part and modifies in part the Opinion and Award of the Deputy Commissioner.

COOK, Circuit Judge. Edmund Zagorski, a Tennessee capital prisoner, appeals from the district court's denial of relief from judgment under Federal Rule of Civil Procedure 60(b), asserting that his impending execution, an intervening Supreme Court decision, and the merits of three procedurally defaulted constitutional claims mandate equitable relief. Giving due deference to the district

Affirmed and Memorandum Opinion filed December 4, 2012. In The Fourteenth Court of Appeals NO. 14-11-00449-CR COREY DESHUN FARROW, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 180th District Court Harris County, Texas

HUNTER, JR., ROBERT N., Judge. *589 Plaintiff appeals from a trial court order granting summary judgment in favor of Defendants. The trial court stated Plaintiff failed to introduce *590 evid

OPINION WILLIAM C. KOCH, JR., P.J., M.S., delivered the opinion of the court, in which WILLIAM B. CAIN and FRANK G. CLEMENT, JR., JJ., joined. This appeal involves the constitutionality of a sales and use tax assessment against an out-of-state seller of pre-engineered metal buildings. After conducting an audit, the Tennessee Department of Revenue assessed the seller $652,369.68 in uncollected sales and use t

ORDER Randy D. Doub, United States Bankruptcy Judge Pending before the Court is the Plaintiffs Motion and Memorandum of Law in Support of Summary Judgment filed by the Chapter 7 Trustee (the “Trustee”) on January 7, 2014, the Response in Opposition to Plaintiffs Motion and Memorandum of Law in Support of Summary Judgment filed by Montague Farms, Inc. (“Montague”) on January 30, 2014, and the Su

CLAY, Circuit Judge. Defendant James Lykins appeals from his conviction by a jury on two counts: manufacturing methamphetamine, in violation of 21 U.S.C. § 841(a)(1), and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Specifically, Defendant appeals: (1) the district court’s denial of Defendant’s motion to suppress evidence obtained from a search of his home; (2) the district court’s admission

ORDER ON PENDING SUMMARY JUDGMENT MOTIONS William J. Martinez, United States District Judge Plaintiff Jimmy Joseph Vasquez is an inmate in the custody of the Colorado Department of Corrections (“CDOC”) and housed at the Sterling Correctional Facility (“Sterling”). (ECF No. 113 ¶ 1.) He is infected with the hepatitis C virus (“HCV”). (Id. ¶ 42.) Vasquez brings this lawsuit under the Eighth Amendme

MEMORANDUM OPINION RICHARD J. LEON, District Judge. Plaintiff, Winfred Wilkerson (“Wilkerson” or “plaintiff’), brought an employment-discrimination action against his employer, Wackenhut Protective Services, *62 Inc. 1

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-07-225-CV VICKI PRESLEY, AS NEXT FRIEND APPELLANT OF SHAWN DAVIS, DECEASED V. REPUBLIC ENERGY DRILLING, L.L.C. APPELLEE ------------ FROM THE 15

205 S.W.3d 801 (2005) Treenya MAXWELL, Appellant, v. ARKANSAS DEPARTMENT OF HUMAN SERVICES, Appellee. No. CA 03-1007. Court of Appeals of Arkansas, Division IV. March 9, 2005. *802 David Mark Gunter, Hope, for appellant. Gray Allen Turner, Gunter, for appellee. TERRY CRABTREE, Judge. On January 28, 2003, the

OPINION ANDERSON, RUSSELL A., Justice. Appellant Brian Alexander Clifton was convicted, following a jury trial in Henne-pin County District Court, of premeditated first-degree murder for the shooting death of Steven Earl Nix and sentenced to life imprisonment. On appeal, Clifton asserts he was denied a fair trial by the admission of evidence that a state’s witness had been threatened after testifying at an e

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-07-225-CV VICKI PRESLEY, AS NEXT FRIEND APPELLANT OF SHAWN DAVIS, DECEASED V

IRVING, J., for the Court: ¶ 1. This action arises out of an incident that occurred on February 28, 1995, wherein Stanley Harried suffered severe and permanent injuries from electrical burns to his body when he came into contact with an electrical wire owned by Southwest Mississippi Electric Power As*367sociation. The trial testimony was in direct con

360 S.W.3d 270 (2011) In re the Marriage of: Jeneffer Keet BELL, Petitioner-Appellant/Respondent, v. Mark Robert BELL, Respondent-Respondent/Cross-Appellant. Nos. SD 30208, 30222. Missouri Court of Appeals, Southern District, Division Two. March 31, 2011. Motion for Rehearing or Transfer Denied April 22, 2011. Application for Transfer Denied Ju