Cases
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20 opinions for “Dale Benavidez”
Jackson v. Statepublic domain
HART, J., concurring. |¾⅞1 agree that this case should be affirmed, but I write separately to disclose my reasoning for affirming with regard to the search issue. The manner and extent of the State’s intrusion into Mr. Jackson’s person is certainly disturbing — the police exposed his private parts in the middle of a public street so that they could search for contraband in
United States v. Caropublic domain
OPINION JAMES P. JONES, District Judge. Defendant Carlos Caro filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255, alleging that ineffective assistance of counsel caused him to enter an invalid guilty plea. The United States filed a Motion to Dismiss the § 2255 motion as untimely filed, and Caro responded, arguing that he is entitled to equitable tolling. After review of the
Banker v. Bankerpublic domain
OPINION Opinion by Justice Rodriguez This is an appeal from a divorce decree which divided the marital estate of appellant Kay Nordt Banker and appellee John Banker. By four issues, Kay contests several aspects of the trial court’s decree. Kay contends that the trial court abused its discretion in dividing certain estate assets and in rendering an untimely judgment. Kay also contends that t
In Re The Detention Of: Jack Leck Iipublic domain
COURT OF /APPEAL DIVISIO Ti 2013 SEP IN THE COURT OF APPEALS OF THE STATE F WASHIlVGW4 STATE OF WASINGTM- DIVISION II
Board of County Commissioners v. Harrisonpublic domain
OPINION BUSTAMANTE, Judge. {1} The Board of County Commissioners of Sierra County (the County) appeals the district court’s decision upholding the reinstatement of Archie Dale Harrison (Harrison) as the Chief Detention Officer for the Sierra County Detention Center (SCDC). The County raises four issues on appeal that boil down to three essential arguments. First, the Coun
Golick v. State of Cal.public domain
Filed 9/8/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE MARC GOLICK et al., Plaintiffs and Appellants, A162137 v. (Napa County STATE OF CALIFORNIA et al., Super. Ct. No. 19CV000350) Defendants and Respondents. DONALD LOEBER et al,
Darcy, Christopher Earlpublic domain
PD-1094-15 PD-1094-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 8/21/2015 1:49:34 PM Accepted 8/25/2015 4:26:51 PM ABEL ACOSTA
United States v. Caropublic domain
OPINION JAMES P. JONES, District Judge. TABLE OF CONTENTS I. Background.............................................................823 II. Standards of Review....................................................828 III. Analysis................................................................829 A. Claim I: Strategic Delay of t
Bartlett v. Baasiripublic domain
21-2019 Bartlett v. Baasiri In the United States Court of Appeals For the Second Circuit August Term, 2022 No. 21-2019 ROBERT BARTLETT, TERREL CHARLES BARTLETT, LINDA JONES, SHAWN BARTLETT, MAXINE E. CROCKETT, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF RICKY LEON CROCKETT, MARVISE L. CROCKETT, TRACIE ARSIAGA, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF ROBERT R. ARSIAG
Nrdc v. Debra Haalandpublic domain
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NATURAL RESOURCES DEFENSE No. 21-15163 COUNCIL; SAN FRANCISCO BAYKEEPER; FRIENDS OF THE D.C. No. RIVER; THE BAY INSTITUTE; 1:05-cv-01207- WINNEMEM WINTU TRIBE; DAD-EPG PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS, INC., OPINION Plain
Turner v. Commonwealthpublic domain
ANNUNZIATA, Judge. Following a jury trial in the Circuit Court of the City of Roanoke, appellant, Edwin Cecil Turner, Jr., was convicted of first degree murder and the use of a firearm in the commission of murder. Pursuant to the jury’s recommendation, appellant was sentenced to life imprisonment plus two years. On appeal, appellant contends the trial court erred in refusing to
Freeman v. HSBC Holdings PLCpublic domain
19-3970 Freeman v. HSBC Holdings PLC United States Court of Appeals for the Second Circuit August Term 2020 Argued: February 1, 2021 Decided: January 5, 2023 No. 19-3970 CHARLOTTE FREEMAN, for the Estate of BRIAN S. FREEMAN, KATHLEEN SNYDER, RANDOLPH FREEMAN,
Ortiz v. Alvarezpublic domain
Dale A. Drozd, UNITED STATES DISTRICT JUDGE *1094This matter comes before the court on five separate motions for summary judgment, all of which were filed on October 24, 2017. The first four of these motions were filed by defendants Gerardo Alvarez and Parlier Unified School District (collectively "district defendants") for summary judgment
Bisbee v. Beypublic domain
TACHA, Circuit Judge. These two appeals result from a suit alleging violations of 42 U.S.C. § 1983 and 42 U.S.C. § 1985. Defendants John Bey, James Johnson, and E.E. VanBuskirk appeal in their individual capacities from the district court’s decision not to grant them qualified immunity. Plaintiff Kenneth Bisbee cross appeals the district court’s grant of summary judgment in favor of the Board of County Commissioners of Con
Scalf v. D. B. Log Homes, Inc.public domain
27 Cal.Rptr.3d 826 (2005) 128 Cal.App.4th 1510 Walter W. SCALF, Cross-defendant, Cross-complainant and Appellant, v. D.B. LOG HOMES, INC., Cross-defendant, Cross-complainant and Respondent. No. C047339. Court of Appeal, Third District. May 5, 2005. *827 McNamara, Dodge, Ney, Beatty, Slattery & Pfalzer,
Ex Parte Franklin Cnty Dept of Human Resourcespublic domain
I concur in the judgment directing the circuit court to dismiss Rorer's counterclaim against the Franklin County Department of Human Resources. I must respectfully dissent from the majority's refusal to adopt the collateral order doctrine. As the majority states, the Franklin County Department of Human Resources, along with the attorney general, has asked this Court to treat its petition as an interlocutory appeal and has urged the Court to adopt the collateral order doctrine e
People v. Barreraspublic domain
181 Cal.App.2d 609 (1960) THE PEOPLE, Respondent, v. GABRIEL JOSEPH BARRERAS et al., Defendants; EDWARD THOMAS BENAVIDEZ, Appellant. Crim. No. 6938. California Court of Appeals. Second Dist., Div. One. June 8, 1960. Edward Thomas Benavidez, in pro. per., for Appellant. Stanley Mosk, Attorney General, and S. Clark Moore, Deputy Attorney General, for Respo
MEMORANDUM OPINION AND ORDER RODNEY W. SIPPEL, UNITED STATES DISTRICT JUDGE Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, and the Missouri State Conference of the National Association for the Advancement of Colored People (“MO NAACP”) bring suit against Defendants Ferguson-Florissant School District (“FFSD” or “the District”) and the St. Louis County Board of Elections Commissioners (“St. Lo
39 F.3d 1096 Kenneth L. BISBEE, Plaintiff-Appellee,v.John BEY, in his individual capacity; James Johnson, in hisindividual capacity; and E.E. VanBuskirk, in hisindividual capacity, Defendants-Appellants,andConverse County Board of County Commissioners, Defendant.Kenneth L. BISBEE, Plaintiff-Appellant,v.John BEY, in his individual capacity; James Johnson, in hisindividual capacity; E.E. VanBuskirk, in his
Arline v. City of Jacksonvillepublic domain
359 F.Supp.2d 1300 (2005) Charles ARLINE, Jr., Plaintiff, v. CITY OF JACKSONVILLE, et al., Defendants. No. 3:03-CV-685J99HTS. United States District Court, M.D. Florida, Jacksonville Division. February 25, 2005. *1301 *1302 Reginald Luster, Esquire, Dexter Van Davis, Esq., Luster & Davis,