Cases

5 So.3d 384 (2009) Lisa BYRD, Aurora Cares, LLC d/b/a Tara Cares, Manhattan Nursing & Rehabilitation Center, LLC, Beverly Enterprises, Inc, Beverly Health & Rehabilitation Services, Inc. f/k/a Beverly California Corp., Beverly Enterprises-Mississippi, Inc., Manhattan Health Care Center d/b/a Beverly Healthcare-Manhattan d/b/a Beverly Healthcare-Eason Boulevard d/b/a Beverly Healthcare Tupelo and Bobbie Blackard v. Ira W. SIMMONS. Manh

Dissenting opinion by REBECCA SIMMONS, Justice, joined by CATHERINE STONE, Chief Justice, and SANDEE BRYAN MARION, Justice. Dissenting opinion by REBECCA SIMMONS, Justice, joined by CATHERINE STONE, Chief Justice, and SANDEE BRYAN MARION, Justice. Although this misdemeanor case seems small, the ramification of the majority opinion is large. In this case the jury was charged to

MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion of defendants Wyeth, Inc. fik/a American Home Products and Wyeth Pharmaceuticals, Inc. fik/a Wyeth-Ayerst Pharmaceuticals, Inc. (collectively Wyeth) for summary judgment. Plaintiff Jeanette Byrd has responded in opposition to the motion and the court, having considered the memoranda of authorities

Ewbank, J. The sole question presented by the record and discussed in the briefs of counsel is whether or not the several laws enacted by the legislature of Indiana requiring voters to register before taking part in elections were made unconstitutional and void by the amendment of Art. 2, §2, of the Constitution of Indiana on September 6, 1921. Appellant filed his' complaint as a citizen, qualified voter and taxpayer, on behalf o

492 S.E.2d 738 (1997) 228 Ga. App. 752 SIMMONS v. McBRIDE. No. A97A1086. Court of Appeals of Georgia. October 8, 1997. J.E. Simmons, pro se. Byrd & Anthony, Lovick P. Anthony, Jr., Butler, for appellee. HAROLD R. BANKE, Senior Appellate Judge. In this pro se breach of contract action, J.E. Simmons sued Cary McBride a/

Tripue, Judge. 1. It is sought in this case to hold the executor liable to a judgment creditor of his testator, for not selling the slaves of the estate within less than seven months after his qualification as executor. The special reason assigned as making it a guilty default on the part of the executor in not so selling is, that the negroes were in danger of being lost to the estate and to the credit

Reese, Judge. A jury found Archie Byrd, III, guilty of six counts of trafficking of persons for sexual servitude. 1 He appeals from the trial court's denial of his motion for new trial, arguing *87 that he received ineffective assi

JOHNSON, Judge. This is a medical malpractice action in which defendant John Parkinson, M.D., a psychiatrist, was charged with negligently failing to treat Elijah Culbert Simmons. Mr. Simmons committed suicide on 10 February 1989. The case was tried before a jury. During the voir dire of prospective jurors, counsel for plaintiff advised the jury that in his opinion, the trial court, if requested,

The petitioner, Jerome Simmons, appeals from the court's order granting the state's motion for production and to secure the attendance of an out-of-state witness pursuant to §12-21-283, Code of Alabama 1975, "The Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings." The petitioner was charged with murder for causing the death of another person while driving under the influence of alcohol. The district attorn

After Remand from the Alabama Supreme Court In compliance with the decision of the Supreme Court of Alabama in Ex parte Simmons, 649 So.2d 1282 (Ala. 1994), the judgment of the circuit court is affirmed. AFFIRMED. All Judges concur.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, v. Crim. Action No. 18-344 (EGS) JAROME F. SIMMONS, Defendant. UNITED STATES OF AMERICA, v. Crim. Action No. 19-93 (EGS) JOHN VICTOR REED, Defendant. MEMORANDUM OPINION Pending before the

GODBOLD, Senior Circuit Judge: Plaintiff Byrd sued MacPapers, her deceased husband’s former employer, Med-com Services, administrator of MacPapers’ employee benefits plan, and Sun Life, insurer of MacPapers’ employee benefits plan, in three counts. Count I alleged that MacPapers discharged her husband in January 1986 in violation of § 510 of the Employee Retirement Income Security Act of 1974 [“ERISA”], 29 U.S.C.A. § 1140 (W

The appellant was convicted of reckless murder, in violation of § 13A-6-2(a)(2), Code of Alabama 1975, and was sentenced to life imprisonment. The evidence presented by the State tended to show the following: Sylvia Rivers testified that she and her 3-year-old child were driving to her grandmother's house when she saw the appellant standing in the "bed" of a pick-up truck erratically firing a shotgun in every direction. She further te

OPINION WILKINS, Circuit Judge: Charles Eugene Byrd appeals from the sentence imposed by the district court following his plea of guilty to distributing cocaine base (crack) in violation of 21 U.S.C.A. § 841(a)(1) (West 1981) and 18 U.S.C.A. § 2 (West 1969).. Byrd maintains that the district court erred in refusing to entertain at sentencing his claim th

[Cite as State v. Byrd, 2012-Ohio-1138.] IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT SCIOTO COUNTY State of Ohio, : : Plaintiff-Appellee. : : Case No. 10CA3390 v. : : DECIS

CARL E. STEWART, Circuit Judge: Defendants-appellants filed motions to dismiss with the court below, arguing that they are immune from suit pursuant to the Foreign Sovereign Immunities Act (“FSIA”), and because the court below did not have personal jurisdiction over them. The district court denied their motions, and defendants-appellants brought this immediate appeal. We conclud

967 A.2d 285 (2009) 198 N.J. 219 STATE of New Jersey, Plaintiff-Appellant, v. Dionte BYRD, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Freddie Dean, Jr., Defendant-Respondent. A-105 September Term 2007. Supreme Court of New Jersey. Argued January 5, 2009. Decided April 2, 2009.

Justice ALBIN delivered the opinion of the Court. Witness intimidation in cases involving gangs, drug racketeers, organized crime, and domestic violence has become a significant challenge to the criminal justice system. In this appeal, we must decide whether, under our Rules of Evidence, a witness’s hearsay statement implicating a defendant in a crime should be admissible, when through violen

11/14/2019 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs October 2, 2019 JOHN SIMMONS v. STATE OF TENNESSEE Appeal from the Criminal Court for Shelby County No. 13-00653 Chris B. Craft, Judge ___________________________________

By JUDGE DUNCAN M. BYRD, JR. I have reviewed the evidence, argument and Memoranda of counsel in the above styled matter. I will not review the facts. At the outset, I will reject the argument of the Complainants that the Respondent failed properly to plead the Statute of Frauds and [the argument] concerning waiver of the Statute of Frauds. Before the evidentiary hearing began, it was clearly established that the issue of avoid