Cases

FILED Aug 08 2023, 8:59 am CLERK Indiana Supreme Court Court of Appeals

The opinion of the court was delivered by Biles, J.: The State challenges a Court of Appeals decision reversing a district court's denial of a request for downward departure from the hard 25 life sentence under Jessica's Law. A divided panel held the sentence must be vacated and reconsidered because the record was ambiguous as to whether the district court weighed evidence about an uncharged prior molestation against defendant's evi

McAnany, J.; Pursuant to a plea agreement with the State, Kurt Powell pled guilty to aggravated indecent liberties with his daughter, a child under the age of 14. The crime carries a presumptive sentence of life imprisonment with no possibility of parole for 25 years. In turn, the State agreed to dismiss two additional charges and agreed that Powell was free to seek a departure from the presumptive hard 25 prison sentence.

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 115,457 STATE OF KANSAS, Appellee, v. KURT POWELL, Appellant. SYLLABUS BY THE COURT 1. Except for a first time conviction, Jessica's Law requires a hard 25 l

IN THE TENTH COURT OF APPEALS No. 10-13-00151-CV ALEXIAS BELL, Appellant v. KURT NICHOLS AND THOMAS INMAN, Appellees From the 278th District Court Walker County, Texas Trial Court No. 25241

VICTOR C. HOWARD, JUDGE O’Reilly Automotive Stores, Inc. appeals the judgment of the trial court awarding Kurt Ellison $2,000,000 in punitive damages in his action under the Missouri Human Rights Act for employment discrimination based on disability. It contends that (1) Mr. Ellison did not make a submis-sible case for punitive damages, (2) the punitive damages award was the resul

McHUGH, Circuit Judge. Edmundo Amparan and Kimberly L. Amparan (the "Amparans") appeal from the district court's grant of summary judgment in favor of Lake Powell Car Rental Companies ("Lake Powell") on the Amparans' claims for negligent entrustment and loss of consortium. The claims arose from a vehicle accident involving a motorcycle operated by Mr. Amparan and a Ford Mustang rented b

Brewster v. Powell Bail Bonding, Inc., 2020 NCBC 16. STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION NEW HANOVER COUNTY 17 CVS 4462 RAUL S. BREWSTER, Plaintiff, v. ORDER AND OPINION ON DEFENDANTS’ MOTION FOR POWELL BAIL BONDING, INC.;

In The Court of Appeals For The First District of Texas

Brewster v. Powell Bail Bonding, Inc., 2018 NCBC 74. STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION NEW HANOVER COUNTY 17 CVS 4462 RAUL S. BREWSTER, Plaintiff, v. ORDER AND OPINION ON POWELL BAIL BONDING, INC.; DEFENDANTS’ MOTION TO DISMISS LARRY JACK POWELL; JOHN E. LEONARD, JR.; and CY

351 F.3d 212 David HUDSON, Petitioner-Appellee,v.Kurt JONES, Respondent-Appellant. No. 02-1586. United States Court of Appeals, Sixth Circuit. Argued: September 10, 2003. Decided and Filed: December 3, 2003. Pursuant to Sixth Circuit Rule 206 Petition for Rehearing Denied En Banc: February 26, 2004.

KAREN NELSON MOORE, Circuit Judge, dissenting. I disagree with the majority’s conclusion that a defendant’s consolidation hearing is not a critical stage of his prosecution. Accordingly, I respectfully dissent. Roeur Van (“Van”) was tried for assault with intent to commit murder in a consolidated trial in Michigan state court with co-defendant Vanna Ket (“Ket”). The two men were originally

IN THE SUPREME COURT, STATE OF WYOMING 2014 WY 29 OCTOBER TERM, A.D. 2013 February 25, 2014 THE ESTATE OF H. KENT DAHLKE, by and through its Personal Representative Susan M. Jubie, Appellant (Plaintiff), and THE ESTATE OF SARA WESTERBERG DAHLKE, by and through its Personal Representative Susan M. Jubie, and SUSAN M. JUBIE, individu

ROGERS, Circuit Judge. Felix Ernesto Sosa appeals the denial of his petition for a writ of habeas corpus, seeking relief from his 1990 conviction for conspiracy to deliver over 650 grams of cocaine. Mr. Sosa argues that he was denied due process because the police entrapped him by pressuring his co-conspirator and prolonging the drug sting in order to bring the amount of cocaine

Jonathan E. Hawley, U.S. Magistrate Judge Order Before the Court is the Plaintiffs Motion to Compel Production of Documents (D. 27)1 and the Defendants’ response thereto (D. 29). For the reasons stated, infra, the motion is GRANTED. I The Plaintiffs complaint alleges that while he was an inmate in the Illinois Department of Co

OPINION BY CHIEF JUSTICE DONALD W. LEMONS The Judicial Inquiry and Review Commission of Virginia (the "Commission") filed the present complaint against Kurt J. Pomrenke ("Judge Pomrenke"), pursuant to the original jurisdiction of this Court set forth in Article VI, Section 10 of the Constitution of Virginia and Code § 17.1-902. The Commission asserted that its charges against Judge Pomr

*771 OPINION SUHRHEINRICH, Circuit Judge. I. Introduction On January 1, 1993, the Michigan Legislature enacted a comprehensive stalking law, Mich. Comp. Laws 750.411h (“Stalking”) and 750.411Í (“Aggravated Stalking”).

85 So.3d 1206 (2012) Rick Harold DUPLANTIS, Appellant, v. BROCK SPECIALTY SERVICES, LTD., et al., Appellees. No. 5D11-620. District Court of Appeal of Florida, Fifth District. April 27, 2012. *1207 Karl E. Pearson of Powell & Pearson LLP, Winter Park, for Appellant. Michael R. D'Lugo and Kurt M. Spengler of Wicker, Smi

906 A.2d 308 (2006) Patrick M. CLAWSON, Appellant, v. ST. LOUIS POST-DISPATCH, L.L.C., et al., Appellees. No. 04-CV-486. District of Columbia Court of Appeals. Argued May 18, 2005. Decided August 31, 2006. *310 William P. Farley, Washington, D.C., for appellant. Joseph E. Martineau with whom Kurt A. Wimmer

151 P.3d 143 (2007) 342 Or. 268 Carol R. KNAPP, Dee West, Gary West, Frank Crum, Georgeann Crum, Fred Miller, Marie Miller, Don Parker, Linda K. Bush, Carolyn Endeman, Paul Hayes, And Alvin K. Reiss, Appellants, v. The CITY OF JACKSONVILLE, Oregon, Respondent. (TC 4641; SC S52624). Supreme Court of Oregon. Argued and Submitted November 2, 2006.