Cases
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20 opinions for “Dempsey v. State of Nevada”
Jerry Dempsey McIntyre v. Robert Bayerpublic domain
*1098 OPINION O’SCANNLAIN, Circuit Judge. We must decide whether a state statute, requiring interest generated by inmate trust accounts to be retained by prison authorities and expended for the benefit of the prison population as a whole, effects an unconstitutional taking. <
Appellees’ Motion for Rehearing Granted; Appellants’ Motion for Rehearing Denied; Affirmed as Modified and Substitute Memorandum Opinion filed June 1, 2023. In The Fourteenth Court of Appeals NO. 14-21-00303-CV RICHARD D. DAVIS L.L.P., A NEVADA LIMITED LIABILITY PARTNERSHIP, AND RICHARD D. DAVIS, L.L.P., A TEXAS GENERAL PARTNERSHIP, Appellants
Opinion McGUINESS, P. J. Plaintiff William Baldwin (Appellant) appeals from the judgment dismissing with prejudice his complaint against defendant AAA Northern California, Nevada & Utah Insurance Exchange (AAA), after AAA’s demurrer was sustained without leave to amend. Appellant contends he stated valid causes of action against AAA for breach of contract
Affirmed in Part, Reversed and Remanded in Part, and Memorandum Opinion filed March 2, 2023. In The Fourteenth Court of Appeals NO. 14-21-00303-CV RICHARD D. DAVIS L.L.P., A NEVADA LIMITED LIABILITY PARTNERSHIP, AND RICHARD D. DAVIS, L.L.P., A TEXAS GENERAL PARTNERSHIP, Appellants V. ANDY KNOTT, BILL GREEN, DEMPSEY GEAREN, JIM PHILLIPS, PHIL B
[Cite as Squire, Sanders & Dempsey, L.L.P. v. Givaudan Flavors Corp., 127 Ohio St.3d 161, 2010-Ohio-4469.] SQUIRE, SANDERS & DEMPSEY, L.L.P., APPELLANT, v. GIVAUDAN FLAVORS CORPORATION, APPELLEE. [Cite as Squire, Sanders & Dempsey, L.L.P. v. Givaudan Flavors Corp., 127 Ohio St.3d 161, 2010-Ohio-4469.] Evidence — Discovery — Attorney-client privilege — R.C. 2317.02(A) — Self- protection exception to privilege permits attorney t
Affirmed in Part; Reversed and Remanded in Part; and Memorandum Opinion filed February 5, 2019. In The Fourteenth Court of Appeals NO. 14-17-00257-CV RICHARD D. DAVIS, L.L.P., A TEXAS GENERAL PARTNERSHIP, RICHARD D. DAVIS, L.L.P, A NEVADA LIMITED LIABILITY PARTNERSHIP, AND PATRICIA K. SUAREZ, Appellants V. ANDY KNOTT, BILL GREEN, DEMPSEY GEAREN, JIM PH
Anna Sothman v. State of Iowapublic domain
IN THE SUPREME COURT OF IOWA No. 19–1837 Submitted October 21, 2021—Filed December 10, 2021 ANNA SOTHMAN, Appellant, vs. STATE OF IOWA, Appellee. On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Marion County, Michael K. Jacobsen, Judge. Applicant seeks further review of the court of appeals decision affirming the district court’s denial of her applica
Affirmed and Memorandum Opinion filed March 5, 2019. In The Fourteenth Court of Appeals NO. 14-17-00372-CV RICHARD D. DAVIS, LLP., A TEXAS GENERAL PARTNERSHIP, RICHARD D. DAVIS, LLP, A NEVADA LIMITED LIABILITY PARTNERSHIP AND PATRICIA SUAREZ, Appellants V. SKY LAKES FLYERS FOUNDATION AND CARBETT J. DUHON, III,
WATERMAN, Justice. This appeal presents questions of first impression on the meaning and constitutionality of Iowa Code section 573.2 (2011). That statute governs subcontractors’ remedies for unpaid work on public improvements when the state waives the performance bond for a general contractor that is a “Targeted Small Business” (TSB). Three subcontractors obtained default judgments against a TSB, which remain unsatisfied. T
Oscar Ibarra, Applicant-Appellant v. State of Iowapublic domain
IN THE COURT OF APPEALS OF IOWA No. 14-2007 Filed October 28, 2015 OSCAR IBARRA, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge. Oscar Ibarra appeals from the denial of his application for postconviction relief. AFFIRMED.
Butterworth v. Dempseypublic domain
J. JOSEPH SMITH, Circuit Judge (concurring). I concur in Judge TIMBERS’ opinion .and would add only a brief statement. The great disparity between the effective weight of voters in choosing legislators in different senatorial districts and towns •shows a marked discrimination against those in the districts and towns of larger population. Baker
Affirmed in Part; Reversed in Part and Remanded, and Memorandum Opinion filed April 23, 2019. In The Fourteenth Court of Appeals NO. 14-17-00278-CV BILL GREEN, HANS VAN DER VOORT, PHIL BIRKELBACH, AND PAUL KATES, Appellants V. RICHARD D. DAVIS, L.L.P., A NEVADA LIMITED LIABILITY PARTNERSHIP, RICHARD D. DAVIS, L.L.P., A TEXAS G
Motion for Rehearing Denied; Motion for En Banc Consideration Denied as Moot; Affirmed in Part; Reversed in Part and Remanded, and Substitute Opinion filed December 17, 2019. In The Fourteenth Court of Appeals NO. 14-17-00278-CV BILL GREEN, HANS VAN DER VOORT, PHIL BIRKELBACH, AND PAUL KATES, Appellants V. RICHARD D. DAVIS, L.L.P., A N
State v. Brunsonpublic domain
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Brunson, Slip Opinion No. 2022-Ohio-4299.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical
State v. Burnspublic domain
Benham, Justice. *370In Smith v. State , 259 Ga. 135 (1), 377 S.E.2d 158 (1989), this Court held that, once certain
State v. Burnspublic domain
306 Ga. 117 FINAL COPY S18G1354. THE STATE v. BURNS. BENHAM, Justice. In Smith v. State, 259 Ga. 135 (1) (377 SE2d 158) (1989), this Court held that, once certain procedural requirements are satisfied, a defendant in a sexual offense prosecution may adduce evidence at trial that the complaining witness has made prior false accusations of sexual misconduct and, further, that such evidence is admissible both to attack the credibility of the victim and as substanti
James Jack Dempsey v. United Statespublic domain
PER CURIAM. This is an appeal from a conviction and sentence of appellant of the crime of escape from the Federal Correctional Institution. Dempsey defended on the ground that his escape was justified because he was a sufferer from diabetes and he was in immediate need of injection of insulin which was not given him.
United States v. Dempsey Buford Merida, David Lee Merida, William Benjamin King, Tim Walker and Billy Ray Lilleypublic domain
POLITZ, Circuit Judge: Following an eight-week trial, the jury returned verdicts of guilty on multiple counts of violations of the drug laws by Dempsey Buford Merida, David Lee Meri-da, William Benjamin King, Tim Walker, and Billy Ray Lilley. Defendants appeal, claiming various trial court errors. Finding no merit in any assignme
State v. Hentgespublic domain
OPINION STRAS, Justice. Respondent John Mark Hentges filed an appeal of his conviction of felony failure to pay child support with the court of appeals. After filing his notice of appeal, Hentges failed to appear for a hearing on an alleged probation violation, and the district court issued a bench warrant for his arrest. The State moved to dismiss Hentges’s appeal under the fugitive-dismissal rule, which
State v. Barrospublic domain
Justice FLAHERTY, dissenting in part and concurring in the result. There can be no more powerful evidence in a criminal trial than a defendant’s admission that he is guilty of the crime with which he is charged. A confession packs an intellectual and emotional wallop, and once it is submitted to a fact-finder, the focus predictably shifts from the guilt or innocence of the acc