Cases

PD-1174-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 10/19/2015 4:53:09 PM Accepted 10/19/2015 5:12:48 PM ABEL ACOSTA

186 Ariz. 449 (1996) 924 P.2d 453 STATE of Arizona, Appellee, v. Gabriel Hurtado NIETO, Jr., Appellant. No. 1 CA-CR 94-0583. Court of Appeals of Arizona, Division 1, Department A. February 22, 1996. Redesignated as Opinion and Publication Ordered March 11, 1996. Review Denied September 24, 1996.

STEPHEN H. ANDERSON, Circuit Judge. Clark A. Davis appeals from the district court’s order dismissing his petition for a writ of habeas corpus. He contends that the state trial court improperly excluded the general public and the press from his trial during a complaining witness’s testimony, thereby violating his Sixth Amendment right to a public trial. That argument was presented

[1] Harold Graham, appearing pro se, appeals from an order of the Jefferson County District Court dismissing his petition for habeas corpus relief. The district court dismissed Graham's petition because the allegations could be "fully litigated on appeal of the criminal case." We have reviewed claims made by Graham twice before. See People v. Graham, No. 91CA1984 (Colo.App. Jan. 13, 1994), cert. denied, No. 94SC169 (Colo. July 18, 1994) (appealing the decision of the court of appeals)

ROY NOBLE LEE, Chief Justice, for the Court: James A. Moore filed suit in the Circuit Court of Lincoln County, Mississippi, against Henry Gene Simmons, Inc., and Henry Gene Simmons, Jr., a/k/a Bub Simmons and Tim Simmons, seeking damages and attorney’s fees, charging that the defendants fraudulently misrepresented to the plaintiff that a certain 1980 Chevrolet pickup truck purchased from them by the plaintif

[1] Plaintiff, David A. Norby, appeals from the district court order dismissing his 42 U.S.C. § 1983 claim as improperly joined with his claim for judicial review of the Department of Revenue's order revoking his driver's license. We dismiss the appeal for lack of a final, appealable judgment. [2] After an administrative hearing, the Department of Revenue ordered the revocation of plaintiff's driver's license for a period of one year. Plaintif

[1] The Regional Transportation District, Alan Charnes, and the Colorado Department of Revenue appeal the ruling of the district court which found Martin Marietta Corporation (MMC) exempt from the Colorado use tax (use tax) and Regional Transportation District tax (RTD tax), pursuant to § 39-26-203(1)(b), C.R.S. (1982 Repl. Vol. 16B). We affirm. [2] MMC is in the business of performing work for the federal government under detailed contracts.

610 F.Supp.2d 655 (2009) UNITED STATES of America v. BP PRODUCTS NORTH AMERICA INC. Criminal No. H-07-434. United States District Court, S.D. Texas, Houston Division. March 12, 2009. *659 Abe Martinez, Stephen Mark McIntyre, Financial Litigation, Office of US Attorney, US Marshal-H, US Pretrial SVCS-H, US Probation-H, Houston, TX

The summaries of the Colorado Court of Appeals published opinions constitute no part of the opinion of the division but have been prepared by the division for the convenience of the reader. The summaries may not be cited or relied upon as they are not the official language of the division. Any discrepancy between the language in the summary and in the opinion should be resolved in favor of the language in the opinion.

ORDER ON DEFENDANT’S SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT MARCIA G. COOKE, District Judge. Plaintiff, Taiwan Smart (“Smart”), brought this three-Count action against Defendant, the City of Miami (the “City”), for (1) false arrest, (2) false imprisonment, and (3) deprivation of civil rights pursuant to 42 U.S.C. Section 1983. (ECF No. 4). The City moved for final summary judgment (the “Mo

861 F.2d 1406 57 USLW 2353, 10 Employee Benefits Ca 1488 AMALGAMATED CLOTHING & TEXTILE WORKERS UNION, AFL-CIO;Samuel Faulkner; Ruby Craver; Catherine Wilhoit;Melvin L. Smith; Willie James Ratliff;Flora M. Caldwell,Plaintiffs-Appellants,v.David H. MURDOCK; Harold M. Messmer, Jr.; Timothy F.Finley; Branson C. Jones; William S. Fisher; Harold D.Kingsmore; John H. Ketner, Jr.;

251 P.3d 1232 (2010) Michael DUNN and Alissa Dunn, individually, and as parents and natural guardians of Tanner Dunn and Gage Dunn, Plaintiffs-Appellants, v. AMERICAN FAMILY INSURANCE, a/k/a American Family Mutual Insurance Company, a/k/a American Family Insurance Group, a corporation, Defendant-Appellee. No. 09CA2173. Colorado Court of Appeals, Div. VI. November 24, 2010.

22 P.3d 947 (2000) The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John H. COOK, Defendant-Appellant. No. 98CA1078. Colorado Court of Appeals, Div. II. August 31, 2000. Rehearing Denied October 12, 2000. Certiorari Denied April 23, 2001.[*] *949 Ken Salazar, Attorney Genera

308 F.3d 1233 Donald O'CONNOR, et al., Plaintiffs, andBenjamin M. Aban, Donald N. Adaniya, Rolando R. Alvarado, Joseph A. Alvitre, Larry Andrews, Jeannett Armstrong, Robert G. Ashmore, Lee E. Austin, David K. Bahl, Lawrence R. Barron, Kenneth R. Battle, Jeanette Binion, Royce Binion, Eleanor M. Bishop, Gaetane M. Boutin, Thomas R. Boyden, Deena J. Bradshaw, Shadrach Breaux, Stephen G. Broich, Michael C. Brown, Yulanda S. Brown, David S. Buchana

525 F.Supp.2d 849 (2007) Kenneth DORTCH, Plaintiff, v. MEMORIAL HERMAN HEALTHCARE SYSTEM SOUTHWEST, Defendant. Civil Action No. H-06-2962. United States District Court, S.D. Texas, Houston Division. November 28, 2007. *850 *851 *852

859 N.E.2d 727 (2007) Anna H. COCHRAN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. No. 33A01-0605-CV-174. Court of Appeals of Indiana. January 9, 2007. Anthony J. Saunders, New Castle, IN, Attorney for Appellant. Steve Carter Attorney, General of Indiana, David Steiner, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee. <

[1] In this proceeding under the Fair Debt Collection Practices Act, plaintiff, Yonoea Stadler, appeals from a directed verdict entered against her and in favor of defendants, Custom Credit, Inc. (CCI), Steven H. Devito, Sunny Frazen, and Michelle Martin, employees and counsel for CCI. We reverse and remand for a new trial. [2] The underlying transaction, as nearly as we can determine from the record, was generally as follows. On August 27, 1991, plaintiff issued her personal c

131 P.3d 1129 (2005) Valerie POWELL, natural parent of decedent Steven Powell, individually; and James Powell, by and through his conservator, Mark Elliott, Plaintiffs-Appellants, v. CITY OF COLORADO SPRINGS, Defendant-Appellee. No. 03CA2030. Colorado Court of Appeals, Division V. September 8, 2005. Certiorari Granted April 10, 2006.

*1135JUSTICE GABRIEL, concurring in the judgment. ¶32 In this and a number of other cases decided today, the majority concludes that the United States Supreme Court’s opinions in Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), are limited to cases

ORDER AFFIRMING COMMISSIONER Blackburn, District Judge The matter before me is plaintiffs Complaint [# l],1 filed October 11, 2013, seeking review of the Commissioner’s decision denying plaintiffs claim for supplemental security income benefits under Title XVI of the Social Security Act, 42 U.S.C. § 401, et seq. I have jurisdiction to review the Commissioner’s fina