Cases

People v Bellamy (2020 NY Slip Op 06175) People v Bellamy 2020 NY Slip Op 06175 Decided on October 29, 2020 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered March 13, 2006 in a personal injury action. The order, insofar as appealed from, denied in part defendants’ motion for summary judgment dismissing the complaint. It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted in its entirety and the

REPORT AND RECOMMENDATION A. KATHLEEN TOMLINSON, U.S. Magistrate Judge I. Preliminary Statement Pro se Plaintiff Jesswill Perez (“Plaintiff’) brings this civil rights action pursuant to 42 U.S.C. § 1983, alleging violations of the Fourth, Sixth and Fourteenth Amendments of the United States Constitution arising from incidents which occurred while he was a pre-trial detainee.

*60GREENE, J. Petitioners, Policarpio Espinoza Perez (“Perez”) and Adam Espinoza Canela (“Canela”), were convicted of murder and related offenses in the Circuit Court for Baltimore City. Before this Court, Petitioners challenge the non-disclosure of multiple jury notes submitted to the judge during the course of the trial. Sp

OPINION AND ORDER JOHN G. KOELTL, District Judge: The plaintiff, Kenith A’Gard, brings this action against the following defendants: Superintendent Perez, Lieutenant Buys, Sergeant Candidus, Corrections Officer Sanin, Director of Special Housing Units/Inmate Disciplinary Program Prack, former Deputy Commissioner Leclaire, and Commissioner Fischer (collectively, “the defendants”).1</

RAY, J. Kyree Luis Perez, Appellant, was convicted of attempted second-degree murder for shooting his former friend, Michael Coley, in the abdomen in response to Coley’s provocation to engage in a fist fight. Appellant argues that the trial court should have granted his motion for a judgment of acquittal because the evidence showed only an impulsive overreaction to Coley’s beh

997 A.2d 793 (2010) 193 Md. App. 259 Adan Espinoza CANELA & Policarpio Espinoza Perez v. STATE of Maryland. Nos. 1719, 1944 September Term, 2006. Court of Special Appeals of Maryland. July 1, 2010. *796 Brian J. Murphy (Elizabeth L. Julian, Acting Public Defender, David Kennedy, on the brief) Baltimore

JAMES R. EYLER, Judge. Robert Angel Perez, Jr., appellant (hereinafter Perez or appellant), was convicted by a jury in the Circuit Court for Prince George’s County of two counts of felony murder and related charges. Appellant challenges his convictions on several grounds, including an assertion that his statements should have been suppressed because they were involuntary. One of th

Eldridge, Judge, dissenting. This Court continues to tread a wrong path only recently forged in Vogleson v. State.17 The wrong created by Vogleson can be corrected. However, to do so would require quieting the roar of “Sixth Amendment Rights!” that accompanied the Vogleson decision, a din that — when improperly applied as in Vogleson — is superfic

Justice BENDER delivered the Opinion of the Court. I. Introduction In this C.A.R. 21 original proceeding, we address two discovery issues arising in a medical malpractice lawsuit filed on behalf of Isabelle Perez, who was born at St. Anthony Hospital North with severe neurological injuries. First, we consider whether the work product doctrine shields from discovery investigation notes cre

Gonzalez v McCarver (2022 NY Slip Op 03600) Gonzalez v McCarver 2022 NY Slip Op 03600 Decided on June 3, 2022 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

Hollenbeck v Barry (2021 NY Slip Op 06228) Hollenbeck v Barry 2021 NY Slip Op 06228 Decided on November 12, 2021 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judicia

PER CURIAM: In these consolidated appeals, thirty-five defendants, each convicted (via a guilty plea or after trial) and sentenced for one or more crack-cocaine offenses, in violation of 21 U.S.C. § 841(a), prior to August 3, 2010 — the effective date of the Fair Sentencing Act of 2010 (“FSA”), Pub. L. No. 111-220, 124 Stat. 2372 — appeal the partial grants or denials of their 18 U.S.C. § 3582(c)(2) motions to reduce sentenc

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED WILLIAM J. VICKERS, Appellant, v. Case No. 5D15-3610 ANNIE D. THOMAS,

Appeal from an order of the Supreme Court, Erie County (James H. Dillon, J), entered June 1, 2009 in a personal injury action. The order denied the motion of defendants for summary judgment. It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed. Memorandum: Plaintiffs commenced this action seeking damages for injur

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered May 11, 2012 in a personal injury action. The order, insofar as appealed from, denied in part defendants’ motion for summary judgment. It is hereby ordered that the order insofar as appealed from is reversed on the law without costs, the motion is granted in its entirety and the complaint is dismissed.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered May 11, 2012 in a personal injury action. The order, insofar as appealed from, denied in part defendants’ motion for summary judgment. It is hereby ordered that the order insofar as appealed from is reversed on the law without costs, the motion is granted in its entirety and the complaint is dismissed.

[Cite as In re Estate of Pursell v. Pursell, 2023-Ohio-2531.] IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT ALLEN COUNTY IN RE: THE ESTATE OF: PAUL R. PURSELL, SR., ET AL., PLAINTIFFS-APPELLEES, CASE NO. 1-23-04 -and- CHRISTY T. PURSELL, ET AL., PLAINTIFFS-APPELLANTS, v. OPINI

ORDER PATRICK MICHAEL DUFFY, United States District Judge This matter is before the Court on three motions. First, Plaintiff CresCom Bank asks the Court to hold Defendant Edward L. Terry and his wife, Elaine C. Terry in. contempt for refusing to comply with an order the Court issued in this case on July 6, 2017 (ECF No. 123). Second, the Terrys asks the Court for permission to file a sur-reply .in the briefi

Appeal and cross appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered March 23, 2011 in a personal injury action. The order granted in part and denied in part the motion of defendant for summary judgment and denied the cross motion of plaintiff for partial summary judgment. It is hereby ordered that the order so appealed from is unanimously modi