All Courts 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th DC Federal Supreme Court
  
Search
From Date:
[Default]
To Date:
[Default]
Category:
Parties:
Keywords:
 
  

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57
Edit Column Delete Column   
Edit Delete 11th Circuit

BANKRUPTCY

In Re: Seaside Engineering & Surveying v. , Mar-12-2015

J. Anderson finds that the bankruptcy court properly issued a bar order that approved non-debtor releases and a reorganization plan during restructuring proceedings of an engineering and surveying firm. With the exception of appellants, all other classes of creditors accepted the reorganization plan and made "thorough" findings to support its conclusions. The non-debtor releases were fair and necessary for the firm to continue its operations. "This case has been a death struggle, and the non-debtor releases are a valid tool to halt the fight." Affirmed.

Edit Delete 11th Circuit

EVIDENCE, DRUG OFFENDER, FIREARMS

U.S. v. Hollis, Mar-12-2015

J. Pryor finds that the lower court properly refused to suppress drug and firearm evidence discovered within an apartment while officers issued an arrest warrant for defendant. The evidence was found in plain view while officers conducted a protective sweep of the third party's apartment. The officers were allowed to conduct the protective sweep because the apartment was a suspected "drug house." Therefore, evidence in plain view is admissible. Affirmed.

Edit Delete 11th Circuit

CONSPIRACY, MURDER, EVIDENCE

U.S. v. Rivera, Mar-12-2015

J. Carnes finds that the district court properly admitted recorded conversations and testimony during defendant's trial for attempting to hire a hit man to murder someone on whom he held a $5 million life insurance policy. Defendant failed to object to the now-contested recorded conversations he had with the co-conspirator's wife, and the conversations did not contain improper hearsay. Furthermore, the wife's testimony concerning the meaning behind defendant's recorded statements was admissible because it was based on her observations and knowledge of the situation, and was helpful to the jury to understand the facts. Affirmed.

Edit Delete 1st Circuit

CIVIL PROCEDURE, CIVIL RIGHTS

Goguen v. Allen, Mar-12-2015

J. Ripple finds that defendants' appeal, which challenges the lower court's finding that they were not entitled to summary judgment on a former jail detainee's civil rights claims, must be dismissed.The circuit lacks jurisdiction because defendants' argument rests on the lower court's factual assessments. Defendants failed to raise "purely legal issues."

Edit Delete 2nd Circuit

IMMIGRATION, JURISDICTION

Prabhudial v. Holder, Mar-12-2015

Per curiam, the circuit finds that respondent properly waived petitioner's deportation appeal because the argument raised on appeal had not been brought up before. Petitioner, a legal permanent resident, was found removable after conviction for drug trafficking as an aggravated felony. Although he contended before an immigration judge that a case then pending before New York's high court could affect his case, on appeal he raised a new argument that cited a 2013 Supreme Court decision. Because in judicial or administrative appeals an argument not brought up earlier is considered waived, petitioner's appeal was handled appropriately. The request for circuit review then was dismissed for lack of jurisdiction.

Edit Delete 4th Circuit

PRISONERS RIGHTS

Makdessi v. Lt. Fields, Mar-12-2015

J. Wynn finds that the lower court improperly dismissed plaintiff's claims that he suffered "repeated physical and sexual abuse" in Virginia Department of Corrections facilities. The court reasoned that the named prison officials did not know about the risk of harm faced by plaintiff, a vulnerable man who is just over four-feet tall, but deliberate indifference may be proven by circumstantial evidence. "Prison officials may not simply bury their heads in the sand and thereby skirt liability. Rather, they may be held accountable when a risk is so obvious that it had to have been known." Vacated.

Edit Delete 4th Circuit

EMPLOYMENT, DISABILITY DISCRIMINATION

Jacobs v. N.C. Administrative Office of the Courts, Mar-12-2015

J. Floyd finds that the lower court improperly dismissed the Americans with Disabilities Act claim brought in North Carolina by plaintiff, a courthouse deputy clerk who asked to be reassigned from front counter duties due to social anxiety disorder. Her employer did not respond to her request for three weeks and then fired her. The court held that plaintiff was not disabled under the Act based on Dr. Corvin's report and plaintiff's behavior at work. But the court inexplicably neglected mentioning another doctor's conflicting report, and Dr. Corvin's report had merely found that plaintiff's medical records were equivocal on that question. Also, nothing supported the finding that the evidence did not show the employer knew plaintiff had requested an accommodation at the time of the firing. Reversed in part.

Edit Delete 6th Circuit

CORPORATIONS

Gwyn R. Hartman Revocable Living Trust v. Southern Michigan Bancorp, Mar-12-2015

J. Sutton finds that the lower court improperly dismissed a shareholder complaint accusing the company of violating its disclosure obligations when it failed to circulate a shareholder proposal to increase director accountability before its 2013 annual meeting. The proposal was then voted down. Michigan law requires companies to give shareholders written notice of proposals up for vote at a meeting, and mere notice that a proposal exists is not sufficient to satisfy the law. Reversed.

Edit Delete 6th Circuit

ARSON, TAX, FRAUD

U.S. v. Singer, Mar-12-2015

J. Donald finds that the lower court properly convicted defendant of fraud, arson, tax fraud, and the obstruction of the administration of internal revenue laws. Defendant was convicted of running an "arson for profit" scheme in which he acquired properties at below market prices, obtained an insurance price at a far higher value, then deliberately set fires to the buildings. Defendant also filed false tax returns, which failed to report his receipt of large insurance payments. The evidence was sufficient to convict defendant of the crimes and his sentence was not illegally duplicitous. Affirmed.

Edit Delete 7th Circuit

INSURANCE, CONSTRUCTION

BB Syndication Services v. First American Title Insurance Co., Mar-12-2015

J. Sykes finds that the district court properly concluded that a title insurer does not owe a duty to indemnify a lender that lost priority in favor of contractors' liens for interest in a failed construction development. A standard exclusion within the title insurance for liens "created, suffered, assumed or agreed to" by the lender applies. The liens occurred due to the lender's decision to stop paying out loan funds when the development began to fail. Affirmed.

Edit Delete 7th Circuit

SPEEDY TRIAL, FIREARMS

U.S. v. Richardson, Mar-12-2015

J. Posner finds that the district court properly refused to dismiss a federal case against defendant, which arose after the discovery of a "remarkable collection of guns and ammunition" within defendant's home. Defendant was initially arrested and jailed for violently attacking his girlfriend, at which point officers found that the convicted felon was manufacturing guns in his home. Contrary to defendant's argument, he was not denied a speedy trial. The state had "first dibs" on his prosecution for the abuse charges and the federal detainer issued in connection with the firearms did not start the "clock" for his federal trial. "The sequencing of prosecutions and the resulting delay, often long, of one of them, are the inevitable consequence of a governmental structure that gives separate governments overlapping jurisdictions." Affirmed.

Edit Delete 7th Circuit

PROPERTY, BANKRUPTCY

Gerard v. Gerard, Mar-12-2015

J. Manion finds that the bankruptcy court must take another look at a $281,000 judgment against defendant that it initially determined was precluded from discharge. The jury's slander of title finding in favor of plaintiff landowners may have been based on defendant's negligence. Therefore, the bankruptcy court must determine whether defendant's slander constituted "willful and malicious injury" to plaintiffs. Reversed.

Edit Delete 7th Circuit

DRUG OFFENDER, FIREARMS, EVIDENCE

U.S. v. Sewell, Mar-12-2015

J. Kanne holds that defendant's drug and firearm convictions stand despite defendant's argument that the warrant was deficient and the evidence lacking. The warrant was based on an agent's 65-page affidavit, which detailed calls and texts between defendant and other drug-related associates, and the use of coded language in relation to the timing of drug busts and cash seizures. Furthermore, the firearm at issue was discovered under defendant's bed after defendant told agents where to find the weapon. Affirmed.

Edit Delete 9th Circuit

HABEAS, MURDER, CONSPIRACY

Kyzar v. Ryan, Mar-12-2015

J. Bucklo finds that the district court properly denied petitioner habeas relief. Petitioner claims that he did not conspire with another prisoner to stab a correctional officer to death, but evidence indicates that he helped the prisoner obtain the knife for the purpose of assault rather than for self-defense. Affirmed.

Edit Delete Arizona Court Of Appeals Division One

TAX

CCI Europe v. Arizona Department of Revenue, Mar-12-2015

J. Portley finds that the tax court properly found that plaintiff is not required to pay the "transaction privilege tax on the proceeds it receives from its software license agreement and maintenance agreements with Phoenix Newspapers." Plaintiff's software is integral to producing the Arizona Republic; therefore, its software, including the updates and releases, are deductible. Affirmed.

Edit Delete Arkansas Court Of Appeals

WORKERS COMPENSATION

Mo-Vac Services v. Roberts, Mar-12-2015

J. Wood finds that the Arkansas Workers' Compensation Commission properly granted the employee disability benefits. There is substantial evidence to support the commission's finding that the employee sustained a compensable lower back injury. Affirmed.

Edit Delete Arkansas Court Of Appeals

WORKERS COMPENSATION

Hill v. Treadaway, Mar-12-2015

J. Brown finds that the Arkansas Workers' Compensation Commission properly granted temporary total-disability benefits to the employee mechanic. The employee sustained multiple injuries on a service call after a tire exploded while he filled it up with air. Witness testimony supports the commission's decision to reverse the administrative law judge's ruling since the employee was performing employment services at the time of the incident. Therefore, enough evidence exists to conclude that the employee proved that he sustained a compensable injury. Affirmed.

Edit Delete Arkansas Supreme Court

KIDNAPPING, CRIMINAL PROCEDURE

Hooper v. Arkansas, Mar-12-2015

Per curiam, the Arkansas Supreme Court denies the inmate's petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. A 2005 jury convicted the inmate of three counts of rape, kidnapping, robbery, residential burglary and third-degree battery, sentencing him as a habitual offender to an aggregate term of 1,320 months' imprisonment. Since he did not establish a basis for issuance of the writ that would call into question the outcome of the trial, his petition must be denied.

Edit Delete Arkansas Supreme Court

CRIMINAL PROCEDURE

Ehler v. Arkansas, Mar-12-2015

Per curiam, the Arkansas Supreme Court finds that the lower court properly denied the inmate's pro se petition to correct his 40-year sentence after pleading guilty to rape in 1995. Since he failed to demonstrate that the prison term illegally exceeded the sentencing guidelines, his motion to file a belated reply brief is moot. Affirmed.

Edit Delete Arkansas Supreme Court

BURGLARY, CRIMINAL PROCEDURE

Fletcher v. Arkansas, Mar-12-2015

Per curiam, the Arkansas Supreme Court finds that the lower court properly denied the inmate's petition for post-conviction relief. After a 2012 jury convicted him of commercial burglary, theft of property, and fraud, he was sentenced to an aggregate term of 1,200 months' imprisonment plus a $35,000 fine. The inmate raised several challenges that he failed to prove, including insufficient evidence to convict, ineffective assistance of counsel, and trial errors, which are not preserved for appellate review. Affirmed.

Edit Delete Arkansas Supreme Court

ROBBERY, CRIMINAL PROCEDURE

Halfacre v. Arkansas, Mar-12-2015

Per curiam, the Arkansas Supreme Court finds that the lower court properly dismissed the inmate's pro se petition to correct his sentence. Despite arguing that his sentence of life imprisonment as a habitual offender for a 1986 robbery was illegal, the inmate failed to provide any proof to support his challenge. Affirmed.

Edit Delete Arkansas Supreme Court

MURDER, CRIMINAL PROCEDURE

Thornton v. Jones, Mar-12-2015

Per curiam, the Arkansas Supreme Court finds that the inmate's pro se petition for writ of mandamus is denied. The inmate was convicted on charges including capital murder, abuse of a corpse, and possession of firearms by certain persons. He received sentences ranging from life imprisonment without parole, to a 12-month sentence. Since the inmate fails to show "a clear and certain right to the relief he has requested," his petition must be denied.

Edit Delete California Courts Of Appeal

DEBT COLLECTION, CONSUMER LAW

Alborzian v. JPMorgan Chase Bank, Mar-12-2015

J. Hoffstadt finds that the trial court incorrectly dismissed the fair debt collection practices portion of plaintiff's action, in which defendant as junior lienholder tried to collect an unenforceable debt. Because the law prohibits junior lienholders from going after foreclosed borrowers, when the senior lienholder did not collect enough at auction to pay off the junior lienholder, plaintiff commenced an unfair debt collection action against defendant. However, the trial court correctly dismissed plaintiff's consumer law action since the effort to collect the debt did not involve goods or services. Reversed in part.

Edit Delete California Courts Of Appeal

TAX, PROPERTY

County of Sonoma v. Cohen, Mar-12-2015

J. Butz finds that the trial court correctly ruled that plaintiff's reentry into obligations held by its now-defunct redevelopment agency were enforceable and should continue to be paid out of property taxes before distribution occurs. Defendant argued that the law disbanding redevelopment agencies specifically excludes agreements between those agencies and the entities that created them. But that aspect of the law came through an amendment that did not expressly apply to reentry of agreements, and furthermore was not made retroactive to the time frame at issue here. Affirmed.

Edit Delete California Courts Of Appeal

ARBITRATION, CLASS ACTIONS, EMPLOYMENT

Universal Protection Service v. Superior Court of San Diego County, Mar-12-2015

[Modified opinion.] J. O'Rourke finds that a trial court correctly granted the employee's request to arbitrate her employment dispute with petitioner, and correctly ruled that the arbitrator would decide whether her class action can be arbitrated as well. Because both parties referenced American Arbitration Association rules, which clearly state that arbitrators decide the arbitrability of class actions, their intent was clearly and unmistakably to let that happen.

Edit Delete California Courts Of Appeal

FAMILY LAW, CIVIL PROCEDURE

Sacramento County Department of Health and Human Services v. T.C., Mar-12-2015

J. Duarte finds that the juvenile court incorrectly removed defendant's de facto child from her home at an implementation and selection hearing. As defendant argues, she was entitled to notice and a hearing before the child was removed, as well as the opportunity to formally object to the removal before it happened. Furthermore, the juvenile court removed the child despite a lack of evidence that removal was warranted. Vacated.

Edit Delete Colorado Court Of Appeals

CONTRACT, EVIDENCE

McDonald v. Zions First National Bank, Mar-12-2015

J. Casebolt finds that the trial court properly dismissed plaintiff's claims for breach of contract and breach of good faith and fair dealing against defendant because defendant provided documents establishing that no issue of material fact existed. Defendant was also allowed to change the construction loan agreement's cost breakdown without plaintiff's consent. Plaintiff is not entitled to a new trial because his affidavit for that motion was not filed in time and he did not attempt to show that the affidavit contained new evidence. Affirmed.

Edit Delete Colorado Court Of Appeals

BURGLARY, THEFT, PROSECUTORIAL MISCONDUCT

State v. Nerud, Mar-12-2015

J. Loeb finds that the trial court properly convicted defendant of two counts of third-degree burglary and three counts of theft. Evidence was sufficient to convict him of burglary and jury instruction on apparatuses and equipment was proper. A jury instruction on possession of recently stolen property may have been improper with respect to the burglary charges but any error was harmless. The prosecutor's statement about defendant having syringes, a spoon and a scale when he was arrested did not constitute plain error because it was an isolated reference to admitted evidence and the defense did not object to it. Affirmed.

Edit Delete Colorado Court Of Appeals

TRESPASS

State v. Rediger, Mar-12-2015

J. Webb finds that the trial court improperly convicted defendant of interfering with a public employee in public building because the victim was a private school director in a privately-owned school building. However, it properly convicted him of interfering with staff, faculty and students of an educational institution because defendant waived any error claim by accepting the prosecution's elemental jury instruction of the charge. Affirmed in part.

Edit Delete Colorado Court Of Appeals

WORKERS COMPENSATION, EQUAL PROTECTION

Kilpatrick v. Industrial Claim Appeals Office, Mar-12-2015

J. Taubman finds that plaintiff's equal protection right was not violated in his workers' compensation case because administrative law judges and appeals panel members are required to disclose their financial contributions, despite plaintiff's belief that they are not. An administrative law judge properly denied plaintiff's petition to reopen his case because no mistake had been made. Affirmed.

Edit Delete Colorado Court Of Appeals

EVIDENCE, THEFT, IDENTIFICATION

State v. Trujillo, Mar-12-2015

J. Lichtenstein finds that the trial court properly admitted an assisted living facility resident's testimony in defendant's trial for identity theft and theft from an at-risk adult. The testimony did not constitute inadmissible character evidence. The resident's testimony was habit evidence, not character evidence, because she described her habit of never giving her debit card to anyone. Also, the trial court's identity theft conviction does not violate defendant's equal protection right because the charge applies to the victim being an account holder, which is the case in this proceeding. Affirmed.

Edit Delete Colorado Court Of Appeals

JURY, FRAUD, DRUG OFFENDER

State v. Moon, Mar-12-2015

J. Lichtenstein finds that the trial court properly admitted the testimony of defendant's doctor in her trial for attempt to obtain a controlled substance by fraud or deceit. Defendant was accused of altering her prescription to say 60 Vicodin pills rather than six. The doctor's testimony was not protected by physician-patient privilege because his testimony about his original prescription before being altered constitutes an exception to privileged communications. The trial court did not abuse its discretion in denying defendant's request to excuse a juror, because the juror's relationship with the pharmacist in the case did not cause her to be biased. Affirmed.

Edit Delete Colorado Court Of Appeals

CLASS ACTIONS, FRAUD

Patterson v. BP America Production Co., Mar-12-2015

J. Fox finds that the trial court properly awarded plaintiffs $40 million in their class action against defendant for underpaid natural gas royalties. Plaintiffs were not entitled to moratory interest on unpaid royalties because they did not prove defendant's actual gain or benefit from the money withheld. Defendant is not entitled to judgment notwithstanding the verdict or a new trial because evidence was sufficient to send the issue of fraudulent concealment to a jury. Also, defendant's motion to decertify the class was properly denied. Affirmed.

Edit Delete Colorado Court Of Appeals

BURGLARY, DOUBLE JEOPARDY, CHILD ABUSE

State v. Carter, Mar-12-2015

J. Booras finds that the trial court improperly convicted defendant of four counts of first-degree burglary - assault/menace. Double jeopardy protects defendant from being charged more than once for a single unlawful home entry. Defendant was properly convicted of one count of first-degree burglary - deadly weapon and three counts of misdemeanor child abuse. Affirmed in part.

Edit Delete Colorado Court Of Appeals

VEHICULAR HOMICIDE, SENTENCING

State v. Dobler, Mar-12-2015

J. Graham finds that the trial court properly sentenced defendant to 48 years in prison for vehicular homicide and leaving the scene of an accident involving death. Defendant did not file a motion to disqualify, waiving his argument that the sentencing judge should have recused himself for the appearance of bias. The judge granted defendant probation for a prior felony and said his decision will "haunt" him because the victim in the case is dead. That comment about his prior leniency with defendant is not enough to show that the judge was unable to sentence defendant fairly. Affirmed.

Edit Delete Court Of Federal Claims

JURISDICTION

Cycenas v. U.S., Mar-12-2015

J. Horn finds that plaintiff, a "frequent litigator of cases brought in federal court," cannot sue two individuals for "conspiring with the Rural Housing Service" to commit mortgage fraud against him. The record shows plaintiff cannot private individuals in this court, nor can he bring claims that sound in tort or allege criminal conduct; plaintiff's other suits have likewise been found to be of a "frivolous or vexatious nature."

Edit Delete Court Of Federal Claims

CONTRACT

Comprehensive Community Health & Psychological Services v. U.S., Mar-12-2015

J. Griggsby finds that the government does not owe the company $61,000 from a contract with the company because it properly found the company had been overcharging. The record shows the company had a contract to provide rehabilitation services to former prisoners before the government ended it and reimbursed the company for its final costs, minus what it had overbilled. The company did not first submit its claim for the outstanding amount to the government's contracting officer, thus it cannot bring suit against the government under the Contracts Disputes Act.

Edit Delete Delaware Court of Chancery

LABOR

Wilmington v. Fraternal Order of Police Lodge I, Mar-12-2015

This case involves an appeal from an arbitrator's decision on collective bargaining disputes between the parties. The arbitrator decided in favor of defendants, finding that the city had existing revenues to pay for defendant's wage increase proposal. The dispute hinges on the definition of "existing revenues." Within the context of the parties' negotiation regarding a retroactive contractual period, Vice Chancellor Glassock finds that the wording is unclear in the Police Officers' and Firefighters' Employment Relations Act, and so asks the parties to submit extrinsic evidence on this point.

Edit Delete Delaware Court of Chancery

CORPORATIONS, CIVIL PROCEDURE

Swomley v. Schlecht, Mar-12-2015

Vice Chancellor Laster orders the parties to release a revised stipulated order giving notice to the former minority shareholders of SynQor Inc. that plaintiffs' disclosure claims are mooted and that defendants will pay their litigation expenses. Notice to a wider range of parties is not required because defendants are paying attorney fees and expenses, and they are also the acting fiduciaries because they comprise the buyuout group. The case is dismissed with prejudice as to the named plaintiffs and without prejudice to all others.

Edit Delete Federal Circuit

CONTRACT, GOVERNMENT

Bannum v. U.S., Mar-12-2015

J. Taranto finds that the lower court properly dismissed plaintiff's claims in a dispute over two decisions by the U.S. Department of Justice to award two contracts to other bidders. Plaintiff claimed the competing bids had problems in the terms of the solicitations and the department erred in evaluating the bids. Plaintiff did not sufficiently present its objection to the other bids before the awards, so it waived its ability to challenge the solicitations. It also failed to preserve its separate challenges to the bid evaluations. Affirmed.

Edit Delete Florida Courts Of Appeal

DISCOVERY, AGRICULTURE

Florida Office of Insurance Regulation v. Florida Department of Financial Services, Mar-12-2015

J. Wolf finds that the lower court improperly issued an order compelling the Florida Insurance Commissioner to appear for a deposition. The head of a state agency can only be forced to testify if the party seeking the testimony has exhausted all over discovery tools, and the testimony sought is unavailable from other witnesses. While plaintiffs satisfied the first requirement, they failed to meet the second. In addition, asking the commissioner hypothetical questions regarding how he would have carried out his statutory duties in a hypothetical situation violates the separation of powers doctrine. "Once we allow discovery of agency heads concerning what they might have done based on alternative information, it is impossible to speculate the Pandora's Box that we might be opening," the panel said. Reversed.

Edit Delete Florida Supreme Court

MURDER, MANSLAUGHTER

Griffin v. State, Mar-12-2015

J. Labarga finds that the lower court improperly gave the jury an instruction on manslaughter when defendant's sole defense to the primary charge of murder is misidentification. The trial judge incorrectly assumed that the crime was committed with evil intent required to convict defendant of second-decree murder, but defendant's concession that he saw the victim die by gunshot does not concede the intent underlying that shooting. The lower court's reasoning overlooks the fact that defendant did not have an obligation to argue that the manner of the shooting did not establish the requisite intent. The simple fact that the victim died by gunshot shoes not establish an evil intent behind the shooting. Reversed.

Edit Delete Florida Supreme Court

MURDER, MANSLAUGHTER, JURY

Griffin v. State, Mar-12-2015

J. Labarga finds that the district court improperly denied defendant a new trial on second-degree murder charges, which stemmed from his shooting his friend with a shotgun outside a convenience store. The murder charge was only one step removed from manslaughter, and defendant did not concede that he intended to kill his friend. Thus, the state had to prove that issue, even if defendant claimed he had been misidentified as his sole defense. Affirmed.

Edit Delete Florida Supreme Court

CIVIL PROCEDURE

In re Amendments to the Florida Rule of Appellate Procedure 9.210 v. , Mar-12-2015

Per curiam, the Florida Supreme Court amends its procedures on regulating page counts for death penalty appellate briefs.

Edit Delete Georgia Court Of Appeals

ROBBERY

Odle v. State, Mar-12-2015

J. Phipps finds that the lower court properly denied defendant's motion for a new trial after he was convicted of armed robbery, aggravated assault, false imprisonment and possession of a firearm during the commission of a felony. On appeal, defendant argued the evidence was insufficient, saying the state had relied on uncorroborated testimony. However, the testimony was corroborated by other evidence, including clothing and an officer's testimony. Affirmed.

Edit Delete Georgia Court Of Appeals

CRIMINAL PROCEDURE

Brown v. State, Mar-12-2015

Per curiam, the court of appeals finds that appellant's application for discretionary review must be dismissed for lack of jurisdiction. He should have used the interlocutory appeal procedure.

Edit Delete Georgia Court Of Appeals

CIVIL PROCEDURE, CONTRACT

Double Branches Association v. Jones, Mar-12-2015

J. Ray finds that the lower court properly granted a water company's motion for summary judgment in a contract dispute. The water company was sued by a homeowners association over a water agreement. However, the agreement was no longer enforceable, because the association failed to renew it. Affirmed.

Edit Delete Georgia Court Of Appeals

EVIDENCE, SEARCH

State v. New, Mar-12-2015

J. Ray finds that the lower court properly granted a motion to suppress in an alleged drug possession case. Evidence was found during a search of defendant's home. However, a Fourth Amendment waiver against search and seizure was no longer valid, since his probation had been terminated early. Affirmed.

Edit Delete Georgia Court Of Appeals

CRIMINAL PROCEDURE

Harris v. State, Mar-12-2015

Per curiam, the court of appeals finds that appellant's case must be remanded to the lower court for the appointment of conflict-free appellate counsel.

Edit Delete Georgia Court Of Appeals

ROBBERY

Johnson v. State, Mar-12-2015

J. McMillian finds that the lower court properly convicted defendant of armed robbery. On appeal, defendant argued that the evidence was insufficient, since the bank teller never saw a gun during the robbery of the bank. However, the bank teller believed defendant had a gun based on his threats and behavior. Affirmed.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57