Cases

60 F.3d 818 U.S., Government of Virgin Islandsv.Sylvester McIntosh NO. 94-7239 United States Court of Appeals,Third Circuit. May 02, 1995 Appeal From: D.V.I., No. 93-00190, Watson, J. 1 AFFIRMED.</

845 F.2d 1011 Government of Virgin Islandsv.McIntosh (Sylvester M.) NO. 87-3771 United States Court of Appeals,Third Circuit. APR 28, 1988 Appeal From: D.V.I., O'Brien, J. 1 AFFIRMED.

ELSA ALCALA, Justice, concurring. I write separately to address the burglary charge’s omission of the element that requires the State to prove that appellant, John Paul McIntosh, intentionally or knowingly entered the habitation. Tex. Penal Code Ann. § 30.02(a)(1) (Vernon 2003). The majority opinion erroneously holds the element of intentional or knowing entry is unnecessary because the jury charge require

Opinion issued October 1, 2009 In The Court of Appeals For The</

Opinion issued October 1, 2009 In The Court of Appeals

Borden, J. The defendant appeals from the judgment of conviction, after a jury trial, of sexual assault in the first degree with a deadly weapon in violation of General Statutes § 53a-70a. The defendant’s principal claims are that the trial court erred (1) in allowing the state to cross-examine the defendant with evidence of prior acts of misconduct that did not relate to veracity and, additionally, to introduce extrinsic evidenc

Hurt, Judge. This conviction was for theft of cattle. The description given in the indictment of the animals alleged to be stolen is as follows: “Four animals of the cattle species.” By tho Code it is provided that if any person shall steal any cattle he shall be punished by confinement in the penitentiary for a term of not less than two nor more than five years. The question presented is,

This appeal was taken by the defendant, W.W. Funge, Jr., now deceased, from an order denying his motion to offset judgment and issue execution for an amount claimed to be due as repayment and contribution. (Sec. 709, Code Civ. Proc.) The controversy arises out of the following facts: Appellant entered into a contract with the respondents, McIntosh Bros., for the construction of a building on appellant's lot, and after the work had progressed to a cert

Following the filing of the remittitur after affirmance of judgment on the merits in the above-entitled cause (McIntosh v.Funge, 210 Cal. 592 [292 P. 960, 74 A.L.R. 420]), two motions were presented in the trial *Page 612 court, one on behalf of certain plaintiffs for substitution of parties, which was granted; the other on behalf of the defendant W.W. Funge,

This is an appeal by defendant from a joint judgment rendered in favor of the plaintiffs in three actions, originating in the same controversy, which had been consolidated for trial. These actions grew out of an alleged breach of contract for the construction of a two-story dwelling-house in the residential district of San Francisco, known as St. Francis Wood. Due to disagreement which arose between the defendant owner, W.W. Funge, Jr., and the principal contractors, McIntosh Bros., shortly a

Appeal from Criminal Court, Palm Beach County; Russell McIntosh, Judge. Appeal dismissed.

396 S.C. 434 (2012) 721 S.E.2d 465 The STATE, Respondent, v. Gerald FRIPP, Appellant. No. 4928. Court of Appeals of South Carolina. Heard November 2, 2011. Decided January 18, 2012. *436 Appellate Defender Dayne C. Phillips and Appellate Defender M. Celia Robinson, both of Columbia, for Ap

Sylvester James Abrams petitioned this Court for a writ of certiorari to review whether the Court of Criminal Appeals erred in affirming the Montgomery Circuit Court's revocation of his probation on the basis that Abrams's sufficiency-of-the-evidence argument had not been preserved for appellate review. We granted certiorari review to consider whether Abrams's argument that the evidence on which his probation was revoked was insufficient to support the revocation is precluded from app

219 P.3d 841 (2009) STATE of Kansas, Appellee, v. Jon Paul ULATE, Appellant. Nos. 101,093, 101,228. Court of Appeals of Kansas. November 20, 2009. *847 Richard Ney, of Ney, Adams & Sylvester, of Wichita, for appellant. Kristafer Ailslieger, assistant solicitor general, and Steve Six, attorney general, for appellee.

GEATHERS, J. Appellant Dondre Scott appeals his convictions for murder, armed robbery, and possession of a weapon during the commission of a violent crime. Scott argues the trial court erred in granting the State’s Batson1 motion and quashing the first jury selected. We reverse and remand for a new trial. FACTS/PROCEDURAL HISTORY On October 1, 2009, Scott and h

LOCKEMY, J. In this criminal action, Bennie Mitchell argues the trial court erred in: (1) allowing a police officer to identify Mitchell from photographs taken by the victim’s deer camera because it was in violation of Rule 403, SCRE, and Rule 701, SCRE; (2) admitting a disk containing photographs from a deer camera because it was in violation of Rules 1001, 1002, and 1003, SCRE; and (3) failing to grant Mitchell’s post-tria

PARKER, Justice. Dionntez Byner petitioned this Court for a writ of certiorari to review the Alabama Court of Criminal Appeals' decision affirming the Jefferson Circuit Court's dismissal of Byner's petition for postconviction relief filed pursuant to Rule 32, Ala. R. Crim. P. See Byner v. State,

PARKER, Justice. Dionntez Byner petitioned this Court for a writ of certiorari to review the Alabama Court of Criminal Appeals' decision affirming the Jefferson Circuit Court's dismissal of Byner's petition for postconviction relief filed pursuant to Rule 32, Ala. R. Crim. P. See Byner v. State,

Justice BEATTY. I dissent as I believe the majority reaches an incorrect result because it fails to appreciate and analyze the significant issues presented by this case. For reasons that will be discussed, I would find the trial judge erred in allowing the State to use Petitioner’s statement during its ease-in-chief as *186it violates principles of contract law and Rule

01/24/2022 IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE October 12, 2021 Session KIM RENAE NELSON v. LORING E. JUSTICE Appeal from the Juvenile Court for Roane County No. 16002 William B. Acree, Senior Judge ___________________________________