Cases

Peterson, Judge. David Heany and Thirsty Dog, Inc., brought suit against Bennett Street Properties, L.P., the owner of premises Thirsty Dog formerly *291 occupied, alleging that Bennett Street impermissibly retained certain fixtures and other personal property after Thirsty Dog vacated the premises.

OPINION JOHNSON, Judge. David Ray Bennett was arrested on suspicion of driving while impaired and refused to submit to a breath test. After a stipulated-evidenee court trial, the district court found Bennett guilty of third-degree refusal to submit to chemical testing, in violation of Minnesota Statutes section 169A. 20, subdivision 2. On appeal, Bennett argues that the statute that criminalizes test-refu

GRAVOIS, Judge. ^Plaintiff, BellSouth Telecommunications, Inc., d/b/a AT & T Louisiana (“AT & T”), filed a suit for damages against defendant, Bennett Motor Express, LLC (“Bennett”), contending that Bennett was liable for damaging two AT & T overhead fiber optic cables after one of Bennett’s vehicles hauling an oversized load pulled down the cables near Edgard, Louisiana.1 Following a

Petition for writ of certiorari to the Court of Appeals of Minnesota denied.

*480 EASTERBROOK, Circuit Judge. Marlon McReynolds, Jamie Thomas, and David Bennett were among the many persons convicted of participating in a large-scale cocaine-distribution enterprise. See United States v. Dumes, 313 F.3d 372 (7th Cir.2002). After the judgments became final, they s

' POSNER, Circuit Judge. Marvin Bennett, the defendant and appellant in this case, pleaded guilty to possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1). Ordinarily the maximum punishment for that crime is 120 months (10 years) in prison. See 18 U.S.C. § 924(a)(2). But the Armed Career Criminal Act (ACCA, as it’s usually called), 18 U.S.C. § 924(e), ordains a minimum sentence of 180 months (15 years) in

PER CURIAM.1 David L. Bennett pleaded guilty to two counts of second-degree statutory rape and one count of incest. He was sentenced to imprisonment. He then filed this action pursuant to Rule 24.035. His attached in forma pauperis affidavit contained an incomplete indication of indigen-cy. The motion court denied relief without appointing counsel. Because counsel should have been appointed, the

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

MEMORANDUM AND ORDER YOUNG, District Judge. I. INTRODUCTION In this case arising out of the installation of a septic system between two neighboring lots, the plaintiffs, Joanne Bennett (“Bennett”) and Ralph Travers (“Travers”), allege that a septic system for a lot owned by Angela Amadio (“Amadio”) partially trespasses into Bennett’s land. Furthermore, Bennett alleges that th

Korsmo, C.J. ¶1 Nathen Bennett’s appeal challenges the trial court’s denial of two of his peremptory challenges on Batson1 grounds and the refusal to allow a self-defense instruction. We affirm his conviction for second degree felony murder. FACTS ¶2 The relevant procedural and historical facts of this case are not in dispute. Mr. Bennett, then 19, stabbed 48 year

RILEY, Judge. STATEMENT OF THE CASE [1] Appellant-Plaintiff, Liter’s of Indiana, Inc. (Liter’s), appeals the trial court’s judgment entered pursuant to a jury’s verdict in favor of the Appellees-Defendants, Earl Bennett (Bennett) and Daniel Bodine (Bodine) (collectively, the Appellees). [2] We affirm, and remand with

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE October 13, 2009 Session ALICE L. WARREN v. DAVID E. WARREN Appeal from the Circuit Court for Montgomery County No. MC-CC-CV-DV-07-489 Ross H. Hicks, Judge No. M2009-00042-COA-R3-CV - Filed March 3, 2010 In a divorce action, Wife appeals the trial court’s division of the marital estate, its

JUSTICE WHEAT delivered the Opinion of the Court. ¶1 Wendell Bennett, Jr., Kathryne Bennett, Karla Lange, Schneiter Enterprises, LTD, and Roger F. Dallner Trust (“Appellants”) appeal from the orders of the Montana Thirteenth Judicial District Court, Yellowstone County, granting summary judgment and ordering attorn

MEMORANDUM OPINION AND ORDER ELLEN SEGAL HUVELLE, United States District Judge Plaintiffs Robert Bennett and Leila Joseph have moved for an award of attorney’s fees, costs, and expenses pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Plaintiffs originally brought suit in 2011 against the Secretary of the Department of

OPINION AND ORDER GERARD E. LYNCH, District Judge. On September 13, 2007, this Court dismissed the securities fraud complaint in the putative class action, In re Refco Capital Markets, Ltd. Brokerage Customer Securities Litigation, No. 06 Civ. 643, 2007 WL 2694469, at *12-13 (S.D.N.Y. Sept. 13, 2007) (hereinafter “RCM I”), for failure to allege deceptive conduct, but granted Lead Plainti

744 F.Supp.2d 494 (2010) Clyde L. BENNETT, Plaintiff, v. R & L CARRIERS SHARED SERVICES, LLC, et al., Defendants. Civil Action No. 3:08cv498. United States District Court, E.D. Virginia, Richmond Division. September 30, 2010. *500 John Barry Donohue, Jr., Law Office of John Barry Donohue Jr., James Broome Thorsen, Marchant Th

MEMORANDUM OPINION ELLEN SEGAL HUVELLE, United States District Judge On March 8, 2011, plaintiffs sued the Secretary of the Department of Housing and Urban Development (“HUD”) in his official capacity, alleging that certain regulations implementing the Home Equity Conversion Mortgage (“HECM”) program violate the Administrative Procedure Act (“A

*801 MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT SKYLINE’S MOTION TO DISMISS [Dkt. No. 10] IRENE M. KEELEY, District Judge. Pending before the Court is the motion to dismiss (dkt. no. 10) filed by defendant Skyline Corporation (“Skyline”). For the following reasons, the Court DENIES in part Skyline’s motion t

AMY, Judge. |,The plaintiff filed suit seeking partition of property she asserts she inherited from her mother. Defendants filed an exception of no right of action, alleging that the property was the separate property of one of the defendants and that the plaintiff therefore had no interest in it. After a hearing on the exception, the trial court entered judgment in favor of the defendant and awarded attorney fees. The plainti

Andy D. Bennett, J., dissenting in part. I fully concur in the majority’s opinion with one exception—I would grant Wife’s request for attorney’s fees on appeal. I respectfully dissent on this one issue. This Court, in the majority opinion, upheld the trial court’s finding of “no basis” for Husband’s interpretation of the divorce settlement agreement and the trial court’s determination that Te