Cases

BY THE COURT: A petition for rehearing en banc having been filed, a member of this Court in active service having requested a poll on whether this case should be reheard en banc, and a majority of the judges of this Court in active service having voted in *1317favor of granting rehearing en banc, it is ORDERED that this case will be reheard en banc. The panel’s opi

BY THE COURT: After this case was briefed and argued, we referred it to mediation, which was successful. The joint motion to dismiss the appeal with prejudice with the parties to bear their own costs and attorney’s fees is GRANTED. This appeal is DISMISSED as moot and the case is REMANDED to the district court with instructions to vacate the judgment and dismiss the lawsuit. The panel opinion remains vacated.

WALLACE, Judge. Joshua M. O’Berry appeals from an order denying his motion to withdraw his no contest plea after sentencing, filed in accordance with Florida Rule of Criminal Procedure 3.170(0- In his motion, Mr. O’Berry alleged that the State violated a plea agreement to recommend a sentence of forty years’ prison by urging the trial court to sentence him instead to life. Because we conclude that the State breached the pl

CARL E. STEWART, Chief Judge: A jury found Michael Eric Wallace (“Wallace”) and Derek Lee Blocker (“Blocker”) (collectively “Appellants”) guilty on all counts of an indictment charging them with conspiracy to possess with intent to distribute 500 or more grams of methamphetamine (“meth”) pursuant to 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846. Appellants were also convicted, o

IN THE CASE OF UNITED STATES, Appellee v. Bartholomew M. BERRY, Sergeant U.S. Army, Appellant No. 04-0240 Crim. App. No. 20000960 United States Court of Appeals for the Armed Forces Argued October 20, 2004 Decided May 10, 2005 ERDMANN, J., de

47 P.3d 847 (2002) 309 Mont. 473 2002 MT 109 M. Jeff HAGENER, Director, Montana Department of Fish, Wildlife and Parks, Plaintiff/Respondent, v. Len WALLACE and Pamela Wallace d/b/a Big Velvet Ranch, Defendants/Appellants. No. 01-385. Supreme Court of Montana. Argued and Submitted January 8, 2002. Decided May 23,

PER CURIAM: After review and oral argument, the Court concludes that Plaintiffs-Appellants Dorsey Berry, Bryan Sprayberry, Chet McDonnell, Tommy Stephens, Parrish Carlyle, Bobby Parker, and Connie Taylor *806have not shown any reversible error in the district court’s order dated May 16, 2007. Thus, the Court affirms that order granting summary judgment in favor of Def

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D2022-2103 _____________________________ AUGUSTUS ROSE JR., Appellant, v. C. MAIORANA, Warden, et al., Appellees. _____________________________ No. 1D2022-2105 _____________________________ AUGUSTUS ROSE JR., Appellant, v. M. NEAL,

328 S.C. 435 (1997) 492 S.E.2d 794 Eldon M. BERRY, Freddie D. Johnson, Betty Temple, William Coppage, II, Patsy V. Coppage, Sammie King, A.L. Kirkland, Charles H. Cash, C.A. Armstrong, Jr., Norman Strader, Bryon Turner, Henry Rowland, Lillian S. Hammack, Durand G. Coates, J.D. Southerland, W.E. Crawford, and B. Jack Walker Appellants, v. Daniel R. McLEOD, Jr., The McNair Law Firm, John W. Harte, and George Cantelou, Respon

738 P.2d 246 (1987) Betty Verdell BERRY, Plaintiff and Appellant, v. Lewis Dale BERRY, Wallace Berry, and Rial Berry, dba Berry Brothers' Farms, a partnership, Defendants and Respondents. No. 860014-CA. Court of Appeals of Utah. June 8, 1987. Richard B. Johnson, Howard, Lewis & Petersen, Provo, for plaintiff and appellant. John B. Maycock, Hansen, Jones,

BY THE COURT. The provisions of the statute do not affect the question, the remedy provided for the apprentice, and the-summary proceedings under the statute, are cumulative only. In the ease before us, the plaintiff complains that his apprentice-wrongfully left his service, contrary to the defendant’s covenant. Suppose the plaintiff cowhided the servant, and ordered him away,, under circumstances which no apprentice ought to s

[Cite as State v. Berry, 2018-Ohio-4791.] COURT OF APPEALS TUSCARAWAS COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO : JUDGES: : : Hon. John W. Wise, P.J. Plaintiff-Appellant : Hon. William B. Hoffman, J.

DEHOOG, P. J. *718Defendant appeals a judgment convicting him of first-degree criminal mistreatment, ORS 163.205, and fourth-degree assault, ORS 163.160. We write only to address defendant's first assignment of error, in which he argues that the trial court erroneously instructed the jury regarding an element of first-degree criminal mistreatme

Judgment rendered July 17, 2024. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. No. 55,832-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA ***** TIMOTHY BUCKNER

RICHARD S. ARNOLD, Chief Judge. Laura Berry is an inmate at the Tucker Women’s Unit (“Tucker”) of the Arkansas Department of Corrections (ADC). She alleged rape by Jay Oswalt, a correctional officer at Tucker, and sued him for violation of her constitutional rights under 42 U.S.C. § 1983 (1994), and for the tort of outrage under Arkansas law. She also sued Virginia Wallace, the wa

*40 PER CURIAM. Plaintiff appeals as of right the circuit court’s order denying his requested writ of mandamus against defendants. 1 We affirm in part and reverse in part. This case arises out of affidavits of identity filed by

LOCKEMY, J. Stephen Douglas Berry appeals his conviction for second-degree criminal sexual conduct (CSC) with a minor. Berry argues the trial court erred in (1) allowing subsequent bad act testimony and (2) failing to suppress expert testimony regarding the victim’s behavior and symptoms of post-traumatic stress disorder. We affirm. FACTS/PROCEDURAL BACKGROUND Berry was indicted by the U

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE ELIZABETH MORRISON, individually ) and on behalf of all others similarly ) situated, ) ) Plaintiff, ) ) v. ) C.A. No. 12808-VCG ) RAY BERRY, RICHARD A. ) ANICETTI, MICHAEL D. CASEY, ) JEFFREY

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE ELIZABETH MORRISON, individually ) and on behalf of all others similarly ) situated, ) ) Plaintiff, ) ) v. ) C.A. No. 12808-VCG ) RAY BERRY, RICHARD A. ) ANICETTI, MICHAEL D. CASEY, ) JEFFREY

By Judge James L. Berry The captioned wrongful death settlement was heard and approved by the Court on January 16,1991, except for the question of fees to plaintiffs counsel which was taken under advisement pending receipt of counsel’s affidavit of time and labor. It is the opinion of this Court that it not only has the authority, but has the affirmative duty, to determine the reasonableness of attorney’s