Cases

MEMORANDUM OPINION AND ORDER LORETTA C. BIGGS, District Judge. Plaintiff brings this action pursuant to 42 U.S.C. § 1983, alleging violations of the United States Constitution. Plaintiff also alleges state law claims under the North Carolina State Tort Claims Act, as well as state law claims for assault and battery. The following motions are before the-Court: (i) Motion for Summary Judgment (on behalf of Def

590 F.Supp. 999 (1984) Oliver DeGray VANDERBILT, individually, and Oliver DeGray Vanderbilt, individually and as trustee, Madelon V. Peck, Charles S. Peck, Anne P. McNicholas and John C. Baity, as trustee, partners, trading as Vanderbilt & Company, derivatively on behalf of Geothermal Resources International, Inc. and C. Clay Noah (Intervenor) v. GEO-ENERGY LIMITED, E.J. Lavino and Company, Edward J. Lavino, II, individually and as a

725 F.2d 204 Fed. Sec. L. Rep. P 99,623Oliver DeGray VANDERBILT, individually, and Oliver DeGrayVanderbilt, individually and as trustee, Madelon* V. Peck, Charles S. Peck, Anne P. McNicholasand John C. Baity, as trustee, partners, trading asVanderbilt & Company, derivatively on behalf of GeothermalResources International, Inc., Appellants,C. Clay Noah (intervenor)

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs September 3, 2014 SHAIRIQ SEABROOKS v. STATE OF TENNESSEE Appeal from the Criminal Court for Shelby County No. 06-00034 James M. Lammey, Jr., Judge No. W2013-02321-CCA-R3-PC - Filed December 15, 2014 The petitioner, Shairiq Seabrooks, was convicted of second degree murder and sentenced to confi

OPINION OF THE COURT A. LEON HIGGINBOTHAM, Jr., Circuit Judge. Appellants/plaintiffs appeal from two separate orders of the district court dismissing this derivative action. The district court’s interlocutory order of October 18, 1982 dismissed Oliver DeGray Vanderbilt’s and Vanderbilt & Company’s complaint because the district court found that these plaintiffs were not fair and adequate representativ

OPINION & ORDER KENNETH M. KARAS, District Judge: • Plaintiff Brandon Cox filed this suit against Defendants the Village of Pleas-antville, New York; the Town of Mount Pleasant, New York; Police Officer Aaron Hess; Police Officer Ronald Beckley; Police Officer Ronald Gagnon; the.County of Westchester; and John Does # 1-30, alleging violations of his constitutional a

852 F.Supp. 1288 (1994) Carolyn JAMES, as Personal Representative of the Estate of William James, Plaintiff, v. CITY OF CHESTER; City of Chester Police Department; Lawrence Strait, Chief of Police, in his individual and official capacity; Aaron Madden, in his individual and official capacity, Defendants. Civ. A. No. 3:92-812-17. United States District Court, D. South Carolina, Columbia Division.

Justice Orr dissenting. I respectfully dissent from the majority opinion on two grounds. First, the trial court erred in submitting the (e)(6) aggravating circumstance — that the capital felony was committed for pecuniary gain, N.C.G.S. § 15A-2000(e)(6) (Supp. 1995) — and second, the death sentence is disproportionate. In 1977, the North Carolina General Assembly passed a new capital punishmen

(2008) UNITED STATES of America, Plaintiff, v. Oscar MOYA-MATUTE, Defendant. No. CR 07-1180 JB. United States District Court, D. New Mexico. January 7, 2008. MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant's Motion to Suppress and Memorandum in Support Thereof, filed J

*1102 MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Motion to Suppress, filed August 7, 2014 (Doc. 675)(“Motion”). The Court held evidentiary hearings on the Motion on January 22, 2015, January 28, 2015, and January 30, 2015. The primary issues are: (i) whether the United State

735 F.Supp.2d 1306 (2008) UNITED STATES of America, Plaintiff, v. Oscar MOYA-MATUTE, Defendant. No. CR 07-1180 JB. United States District Court, D. New Mexico. July 22, 2008. *1315 Larry Gomez, Acting United States Attorney, James Tierney, Kimberly A. Brawley, Assistant United States Attorneys, Albuquerque, NM, for Plaintiff.

779 So.2d 427 (2000) Robert James BRIM, Appellant, v. STATE of Florida, Appellee. No. 2D97-4559. District Court of Appeal of Florida, Second District. October 11, 2000. *428 James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney Genera

142 Ill. App.3d 171 (1986) 491 N.E.2d 785 THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DELANEY HOPE, Defendant-Appellant. No. 3-85-0242. Illinois Appellate Court — Third District. Opinion filed March 27, 1986. *172 Robert Agostinelli and Verlin R.F. Meinz, both of State Appellate Defender's

516 S.W.2d 410 (1974) Claude Oliver REEVES, Appellant, v. The STATE of Texas, Appellee. No. 49165. Court of Criminal Appeals of Texas. December 11, 1974. *411 Jimmy James and Kenneth Douglas, Houston, for appellant. Carol S. Vance, Dist. Atty., Clyde F. DeWitt, III, Asst. Dist. Atty., Houston, Jim D. Vollers, State's Atty.

EDITH H. JONES, Circuit Judge: All voyages, whether uneventful or calamitous, must eventually complete their course, bringing their passengers to a final destination. To say that the journey of the M/V DAUNTLESS COLOCOTRONIS through the judicial system has been lengthy is an understatement. This case has dropped anchor before our court on two previous occasions, most recently before the court en banc. Nunley v. M/V DAUNT

OPINION DOUGLAS, Judge. This is an appeal from a conviction for the offense of possession of heroin. Punishment, enhanced by one prior felony conviction, was assessed by the jury at twenty years. The sufficiency of the evidence is not challenged. Appellant first contends that an incriminating oral statement which was made by him and introduced at trial was the fruit of an unlawful arre

OPINION ONION, Presiding Judge. This is an appeal from a conviction for unlawfully carrying a pistol with the punishment assessed at 30 days in jail. The sole question presented by this appeal concerns the legality of the warrant-less search of appellant’s automobile following his arrest for a traffic offense. The search resulted in the discovery of a .45 caliber pistol in the unlocked

Murphy, Justice. This is an appeal from an order denying defendants’ alternative motion for judgment notwithstanding the verdict or a new trial on all of the issues or on the issue of damages alone. The appeal involves two actions which were consolidated for trial. They grow out of a collision between two automobiles coming from opposite directions. One of the actions is by Mary McCormick for personal injuries and the other by h

863 F.2d 1190 1993 A.M.C. 1676 Walter Douglas NUNLEY, et al., Plaintiffs-Appellees,v.M/V DAUNTLESS COLOCOTRONIS, etc., et al., Defendants-Appellees,v.COMBI LINES, Defendant-Appellant,Walter Douglas NUNLEY, Plaintiff-Appellant,v.M/V DAUNTLESS COLOCOTRONIS, Defendant-Appellee.ESTRELLA LEAL NAVEGACION S.A., Sea Unity-Shipping S.A., andAssurance Foreningen Gard, Plaintiffs-AppellantsC

210 So.2d 826 (1968) Burnist Orville SMITH v. STATE of Alabama. 4 Div. 214. Supreme Court of Alabama. March 14, 1968. Rehearing Denied May 23, 1968. *829 John C. Walters and E. C. Orme, Troy, for appellant. MacDonald Gallion, Atty. Gen., and W. Mark Anderson, III, Asst. Atty. Gen., for the State. LA