Plaintiff-appellant Alan Clukey brought this procedural due process claim against his former employer, the Town of Camden ("the Town"), pursuant to 42 U.S.C. § 1983 alleging that the Town deprived him of a constitutionally protected property interest in his right to be recalled to employment without due process of law. The district court dismissed Clukey's complaint, adopting the magistrate judg... More...   $0 (05-21-2013 - ME)

Appellant Michael Francis Palma appeals from a judgment (1) awarding $2,559.10 in 2006 property taxes jointly to the Houston Independent School

2

District1 (“HISDâ€�), Harris County, the City of Houston, and Houston Community College System and (2) a take-nothing judgment on his amended counterclaim2 against HISD and Linebarger Goggan Blair & Sampson, LLP (“Linebargerâ€�).3 The o... More...   $0 (05-18-2013 - TX)

In this case, we consider a certified question concerning the award of compensation under the Florida Birth-Related Neurological Injury Compensation Plan (the Plan). We have for review the decision of the Fifth District Court of Appeal in Samples v. Florida Birth-Related Neurological, 40 So. 3d 18 (Fla. 5th DCA 2010). The Fifth District upheld the constitutionality of section 766.31(1)(b)1, Florid... More...   $100000 (05-16-2013 - FL)

Appellant M.G.P. appeals from the trial court’s decree terminating his parental rights to his three children, who were aged seven, five, and four at the time of termination. He complains that his due process rights were violated when the trial court refused to grant his motion to extend the case and instead proceeded to trial. We affirm the trial court’s termination decree.

The factua... More...   $0 (05-16-2013 - TX)

These claims brought under 42 U.S.C. § 1983 raise the issue whether certain actions taken by South Carolina prison officials after an inmate’s suspected receipt of contraband, including suspension of the inmate’s visitation privileges for two years, violated his constitutional rights. We conclude that the prison warden who imposed the challenged actions is shielded by qualified immunity from ... More...   $0 (05-15-2013 - SC)

J.G. appeals an order finding her to be a “chronic substance abuser�1 and ordering outpatient evaluation and treatment.

I. Background Facts and Proceedings

J.G.’s mother filed an application seeking J.G.’s involuntary hospitalization for chronic substance abuse. See Iowa Code §125.75 (2011). She supported the application with an affidavit attesting to her daughter’s alcoho... More...   $0 (05-15-2013 - IA)

Jonathan Armstrong appeals his convictions and sentences following a jury trial on multiple offenses related to a home invasion. After the merger of some charges, he was sentenced and convicted of nine offenses. He alleges ineffective assistance of trial counsel and insufficient evidence to sustain his convictions. We agree that counsel’s failure to object to flawed jury instructions on kidnappi... More...   $0 (05-15-2013 - IA)

Appellant Brian Alexander Clifton was convicted in September 2003 of premeditated first-degree murder for the shooting death of Steven Nix. We affirmed Clifton’s conviction on direct appeal. State v. Clifton, 701 N.W.2d 793, 801 (Minn. 2005). In this case, Clifton appeals the denial of his petition for postconviction relief. Because we conclude that the postconviction court properly denied Clift... More...   $0 (05-15-2013 - MN)

In 2008, the Borough of Palmyra (“Palmyraâ€�) ordered closed for five months an open-air flea market, owned and operated by National Amusements, Inc. (“NAIâ€�), due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for the United States Army. NAI filed the instant action alleging that Palmyra’s action violated its constitut... More...   $0 (05-14-2013 - NJ)

We must decide whether police officers used excessive force in a struggle that led to the death of a person suspected of possessing illegal drugs.

I

A

On September 25, 2009, at 2:00 AM in the morning, Officers Daron Wyatt and Matthew Ellis, members of the Anaheim Police Department, were responding to a routine call to check on a transient. While turning left at an intersection... More...   $0 (05-13-2013 - CA)

Jeff Lawson and Christie Lawson sued Stephen L. LaFrance Pharmacy, Inc. d/b/a Med X Drug Store 6116, Stephen L. LaFrance Holdings, Inc. and Med X Corporation on medical negligence (medical malpractice pharmacy malpractice) theories claiming to have been injured and/or damaged as a direct result on a failure to exercise due care on the part of Defendants' agents or employees. The specifics of the ... More...   $25000 (05-12-2013 - OK)

1. This is an action for negligence resulting in injury to Marilyn Lewis.

2. Plaintiff; at all times relevant to this action, was a resident of Tulsa County, Oklahoma.

3. At all times material to this action and upon information and belief, Defendant Cynthia McClure (hereinafter referred to as “McClure�) was a resident of Tulsa County, Oklahoma.

4. All acts and omiss... More...   $1 (05-10-2013 - OK)

Defendant Dawn Quang Tran pleaded not guilty by reason of insanity (NGI) to a sexual offense and was committed to a state mental hospital for treatment. (Pen. Code, § 1026.5, subd. (a).)1 Before the commitment expired, the Santa Clara County District Attorney filed a petition to extend it. (§ 1026.5, subd. (b).) At that time, the trial court was required to “advise the person named in the peti... More...   $0 (05-10-2013 - )

This is an appeal from an order terminating the parental rights of B.C.T.’s parents. B.C.T.’s father appeals. We affirm.

Issues

B.C.T.’s father, Appellant, has filed a pro se brief in which he presents three issues for review. In the first issue, Appellant contends that the trial court abused its discretion in failing to appoint an attorney ad litem to represent Appellant, ther... More...   $0 (05-09-2013 - TX)

Appellant, Martha, appeals the trial court‘s order terminating her parental rights to her two daughters, D.N. and D.N. On appeal, Martha contends the evidence is insufficient to support the trial court‘s order of termination. We will reverse.

Factual and Procedural History

Emergency Removal and First Petition for Termination In February 2010, the Spearman Police Department was al... More...   $0 (05-09-2013 - TX)

A lawyer is obligated to preserve the confidentiality of client information. (Bus. & Prof. Code, § 6068, subd. (e)(1); Rules Prof. Conduct, rule 3-100(A); see Evid. Code, §§ 954, 955.) As a narrow exception to this duty, a lawyer may, but is not required to, reveal confidential information relating to the representation of a client to the extent the lawyer reasonable believes the disclosure is ... More...   $0 (05-09-2013 - CA)

We affirm the trial court‟s judgment holding defendant Bruce Elieff liable for misstating his authority to bind a group of real estate businesses known as the “Joint Entitiesâ€� in the course of agreeing to buy out his former partner, plaintiff Todd Kurtin. We affirm the trial court‟s posttrial order denying Elieff‟s motion for judgment notwithstanding the verdict. And we affirm the trial ... More...   $0 (05-09-2013 - CA)

The issue presented for our review is whether a municipal ordinance criminalizing “loitering with intent to commit prostitution� is facially unconstitutional. We find that the ordinance is overbroad and vague, and as such, we affirm the trial court which correctly found this ordinance unconstitutional.

Appellee was charged with violating the City of West Palm Beach ordinance regarding â... More...   $0 (05-08-2013 - FL)

Based upon a DNA match in 2008, the state prosecuted appellant for an armed sexual battery and armed burglary which occurred in 1996. The statute of limitations barred the burglary conviction, but appellant was convicted of armed sexual battery. Appellant claims that the trial court erred in refusing to allow him to waive his statute of limitations defense as to the lesser-included offenses for ar... More...   $0 (05-08-2013 - FL)

The appellant, Brandon Rolle, appeals his conviction for first-degree murder and robbery with a firearm. He alleges error in the admission of an out-of-court

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photo lineup identification and the denial of his request to recall a State witness for further cross-examination. We review the first claim de novo, and the second for abuse of discretion. Delhall v. State, 95 So. 3d 134, 150... More...   $0 (05-08-2013 - FL)

The former husband, Mark S. Weissman, a medical doctor, seeks certiorari review of a September 5, 2012, order that was entered postjudgment in the dissolution proceeding between him and his former wife. This court previously granted certiorari relief as to a portion of an emergency ex parte order that was entered by the

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trial court after the entry of this order. See Weissman v.... More...   $0 (05-08-2013 - fl)

This case allows us to clarify what a criminal defendant must show in order to receive relief when the government destroys evidence before trial. We hold that while Supreme Court precedent demands that a showing of bad faith is required for dismissal, it is not required for a remedial jury

UNITED STATES V. SIVILLA 3

instruction. We therefore affirm the district court’s denial of di... More...   $0 (05-07-2013 - CA)

The petitioner, Jose Loera, asks us to set aside his conviction on the ground that his trial lawyer had been ineffective. See 28 U.S.C. § 2255. Loera had been indicted back in 2005 on drug charges. In response to a motion to suppress, the judge had forbidden the government to offer evidence of what the petitioner had told DEA agents after he allegedly asked for a lawyer. After repeated continuanc... More...   $0 (05-07-2013 - IN)

Before this Court on appeal is the dismissal of Petitioner Joseph DeLong's 28 U.S.C. § 2254 federal habeas corpus petition. After careful review, we remand to the district court. We begin by outlining the procedural posture of DeLong's case.

DeLong was convicted by a jury in Massachusetts state court on two indictments charging him with unarmed robbery, and sentenced to concurrent... More...   $0 (05-07-2013 - MA)

Costa Mesa Municipal Code § 2-61 makes it a misdemeanor for members of the public who speak at City Council meetings to engage in “disorderly, insolent, or disruptive behavior.� Benito Acosta (“Acosta�) was removed from the Costa Mesa City Council meeting for an alleged violation of the ordinance. Acosta appeals the district court’s

ACOSTA V. 4 CITY OF COSTA MESA

dismissal... More...   $0 (05-03-2013 - CA)