Cases

McMillian, Judge. After the trial court partially set aside a final divorce decree and judgment on the grounds that the husband had only agreed to its terms because the wife had threatened to disclose the husband's affair to his employer, both parties appealed. The wife contends that there was no duress as a matter of law and that the divorce decree should have been upheld while the husband asserts that because of the duress the ent

OPINION OF THE COURT FISHER, Circuit Judge. The Supreme Court held in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), that facts relevant to the advisory United States Sentencing Guidelines need not be submitted to a jury. We now confirm that these facts likewise do not require proof beyond a reasonable doubt. I. It all started wit

OPINION OF THE COURT FISHER, Circuit Judge. The Supreme Court held in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), that facts relevant to the advisory United States Sentencing Guidelines do not implicate the constitutional right to trial by jury. We now confirm that these facts likewise do not implicate the constitutional right to proof beyond a reasonable doubt.<

ORDER SCIRICA, Chief Judge. A majority of the active judges having voted for rehearing en banc in the above appeal, it is ordered that the petition for rehearing is GRANTED. The Clerk of this Court shall list the case for rehearing en banc at the convenience of the Court. The opinion and judgment entered June 7, 20

SMITH, Circuit Judge. A federal jury found Michael Sean Gia-nakos guilty of kidnapping with death resulting, in violation of 18 U.S.C. § 1201(a)(1). The district court1 sentenced him to life imprisonment. Michael appeals his conviction on numerous grounds: (1) the district court should not have admitted his state-court testimony at trial; (2) the court erred in refusing to instruct the jury with re

SMITH, Circuit Judge. A federal jury found Michael Sean Gia-nakos guilty of kidnapping with death resulting, in violation of 18 U.S.C. § 1201(a)(1). The district court1 sentenced him to life imprisonment. Michael appeals his conviction on numerous grounds: (1) the district court should not have admitted his state-court testimony at trial; (2) the court erred in refusing to instruct the jury wit

*702 LOKEN, Circuit Judge. Dontre D’Sean McHenry pleaded guilty to one count of sex trafficking a minor in violation of 18 U.S.C. § 1591. The district court 1 varied downwards from his advisory guidelines range, life in prison, and sentenced McHe

IN THE TENTH COURT OF APPEALS No. 10-21-00267-CR EX PARTE MICHAEL SEAN MCCORD From the 19th District Court McLennan County, Texas Trial Court No. 2021-2982-1 ORDER In this appeal from the denial of a pretrial application for writ of habeas corpus,

SMITH, Chief Judge. This is a consolidated appeal of two drug coconspirators' cases. Jonathan Leroy Homedew was convicted of conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(a), and 846. He appeals the district

IN THE TENTH COURT OF APPEALS No. 10-21-00267-CR EX PARTE MICHAEL SEAN MCCORD From the 19th District Court McLennan County, Texas Trial Court No. 2021-2982-1 MEMORANDUM OPINION In two issues, Michael Sean McCord, complains about the trial court’s denial of his appli

PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 17-1591 _____________ MICHAEL SAUERS, Individually and as Administrator of the Estate of Carola R. Sauers, deceased v. BOROUGH OF NESQUEHONING; CHIEF OF POLICE SEAN SMITH; OFFICER STEPHEN HOMANKO Officer Stephen Homanko,

Chief Justice DURRANT, opinion of the Court: Introduction T1 The question presented in this case is whether a district court lacks subject matter jurisdiction to accept a defendant's guilty plea where the defendant was not bound over following either a preliminary hearing or an express waiver of the right to a preliminary hearing.

================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 226 The People &c., Respondent, v. Dwight Giles, Appellant. ----------------------- No. 227 The People &c., Respondent, v. Sean Hawkins, Appellant. Case No. 226: Jan Hoth, for appellant.

PLEUS, J. Angela Smith (“the wife”)' appeals the final judgment dissolving her marriage to Michael Smith (“the husband”). She argues that the trial court erred by not properly distributing the marital assets and by failing to award her permanent periodic alimony. We agree that the trial court erred in distributing the marital assets. After thoroughly reviewing the records, we affirm the trial court’s refusal to award alimony

ROSE, District Judge. Sean T. Wright was convicted of two counts of statutory sodomy in a Buchanan County, Missouri trial court and sentenced to life plus seven years. The Missouri Court of Appeals affirmed the conviction on direct appeal, State v. Wright, 245 S.W.3d 930 (Mo.Ct.App.2008) (per curiam), and later affirmed the denial of Wright’s

MURPHY, Circuit Judge. Michael and Colleen Adams owned a homeowners insurance policy issued by American Family Mutual Insurance Company (American Family) at the time a pipe burst in their home. The Adams couple (the Adams) believed that American Family had not reimbursed them for all of the damage to their home, and they invoked their right to appraisal under Iowa law. American

ACCEPTED 01-14-01023-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 6/2/201

IN THE COURT OF APPEALS OF IOWA No. 17-1336 Filed October 10, 2018 STATE OF IOWA, Plaintiff-Appellee, vs. SEAN MICHAEL HILLIARD, Defendant-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Dubuque County, Monica L. Wittig, Judge. Sean Hilliard appeals his conviction for sexual abuse in the second degree. AFFIRMED.

ORDER DENYING DEFENDANT’S MOTION TO DISMISS BENJAMIN H. SETTLE, United States District Judge This matter comes before .the Court on Defendant Pierce County’s (the “County”) motion to dismiss (Dkt. 17). The Court has considered the pleadings filed in support of and in opposition to the motion and the remainder of the file and hereby denies the motion for the- reasons stated herein.

IN THE COURT OF APPEALS OF IOWA No. 17-1888 Filed November 21, 2018 STATE OF IOWA, Plaintiff-Appellee, vs. SEAN MICHAEL FREESE, Defendant-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge. Sean Freese appeals two convictions of first-degree murder and the sentences imposed. CONVI