Daniel O. Conahan, Jr., appeals an order of the circuit court denying his motion filed under Florida Rule of Criminal Procedure 3.851 and petitions this

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Court for a writ of habeas corpus.


I. BACKGROUND For the reasons that follow, we affirm the denial of his postconviction motion and deny his habeas petition.

Conahan was convicted of the 1996 first-de... More...   $0 (03-21-2013 - FL)

A jury convicted defendant Michael Nevail Pearson of the first degree murders of Ruth Lorraine Talley and Barbara Garcia with personal use of a firearm and found true the multiple-murder special-circumstance allegation. (Pen. Code, §§ 187, 190.2, subd.(a)(3), former § 12022.5, subd. (a).)1 After a penalty trial, the jury returned a verdict of death. The court denied the automatic motion to modi... More...   $0 (03-21-2013 - CA)

Laura Guthrie sued her former employer Hercules Offshore, Inc. for breach of an “Executive Employment Agreement,” claiming that Hercules owed her money and had restricted her right to sell or transfer her stock and stock options. Based on motions for summary judgment from both parties, the trial court rendered judgment that Guthrie take nothing on her claim for stock option related damages and... More...   $0 (03-08-2013 - TX)

Laura Guthrie sued her former employer Hercules Offshore, Inc. for breach of an “Executive Employment Agreement,” claiming that Hercules owed her money and had restricted her right to sell or transfer her stock and stock options. Based on motions for summary judgment from both parties, the trial court rendered judgment that Guthrie take nothing on her claim for stock option related damages... More...   $0 (02-28-2013 - TX)

¶1 Bostwick Properties, Inc. (Bostwick) sought a water use permit from the Montana Department of Natural Resources and Conservation (DNRC). DNRC denied the water use permit. Bostwick petitioned for review by the District Court. The District Court agreed with DNRC that Bostwick had failed to prove no net depletion of surface water and lack of adverse effect, as required by § 85-2-360, MCA, and th... More...   $0 (02-27-2013 - MT)

This case is before the Court on appeal from a judgment of conviction of first-degree murder and a sentence of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons that follow, we affirm Bolin’s conviction and sentence.

OVERVIEW

Oscar Ray Bolin, Jr., was convicted of the first-degree murder of Stephanie Collins and sentenced to death. This Court twice re... More...   $0 (02-21-2013 - FL)

In this appeal, we decide whether a "biological opinion" ("BiOp") issued by the National Marine Fisheries Service ("Fisheries Service" or "the Service") to the Environmental Protection Agency ("EPA") is arbitrary and capricious under the Administrative Procedure Act, 5 U.S.C. § 706. The BiOp, which the Fisheries Service provided as part of the EPA’s process of reregistering the pesticides chlor... More...   $0 (02-21-2013 - MD)

In Padilla v. Kentucky, 559 U. S. ___ (2010), this Court held that the Sixth Amendment requires an attorney fora criminal defendant to provide advice about the risk of deportation arising from a guilty plea. We consider here whether that ruling applies retroactively, so that a person whose conviction became final before we decided Padilla can benefit from it. We conclude that, under the principles... More...   $0 (02-20-2013 - IL)

Kyle West sued Christopher Manfield, J. Edward Vierheller and Mr. Ed's Auction, Inc. on negligence theories claiming:

1. Petition for probate of the will was filed on April 2,2009, and Chnstopt.er Mansfield was appomted to serve as special administrator on April 27, 2009.

2. Kyle lives m Tulsa, Oklahoma, and Marie lives m Denver, Colorado Although they are brother and sister, the... More...   $1 (02-14-2013 - OK)

Defendant Micheal Lee Wilson1 was convicted of first-degree murder and robbery with a dangerous weapon in Oklahoma state court and sentenced to death. On direct appeal the Oklahoma Court of Criminal Appeals (OCCA) ordered dismissal of his robbery conviction but affirmed his murder conviction and death sentence. See Wilson v. State, 983 P.2d 448, 463, 473 (Okla. Crim. App. 1998) (Wilson I). Defenda... More...   $0 (02-12-2013 - OK)

¶1 We granted certiorari review to consider whether two citizen-initiated proposed ordinances regarding the design and construction of a state highway entrance to the City of Aspen are administrative in character and therefore outside the scope of the initiative power reserved to the people under article V, sections 1(1) and 1(9) of the Colorado Constitution.1

¶2 In 2007, Pet... More...   $0 (02-11-2013 - CO)

The borrowers in a commercial real estate transaction appeal an order of the trial court granting final judgment of foreclosure in favor of First- Citizens Bank & Trust Co. We affirm, holding that (1) the trial court did not abuse its discretion in granting summary judgment while discovery was outstanding and (2) the borrowers have shown no material issues of fact that would preclude summary judgm... More...   $0 (01-16-2013 - FL)

Christopher and Diane Freitas ("appellants") attempted to negotiate a mortgage modification with their home mortgage loan servicer, Wells Fargo Home Mortgage, Inc. ("Wells Fargo"). After receiving conflicting information from Wells Fargo representatives, appellants stopped paying on their mortgage loan. Wells Fargo initiated foreclosure, and appellants sued for fraudulent misrepresentation and pro... More...   $0 (01-16-2013 - MO)

¶1 Appellant, Ricky Ray Malone, was tried by jury and convicted of First Degree Murder (21 O.S.2001, § 701.7) in the District Court of Comanche County, Case Number CF-2005-147. In accordance with the jury's recommendation, the trial court imposed a sentence of death. This Court affirmed Appellant's conviction, but reversed the sentence and remanded the case for resentencing. Malone v. State, 200... More...   $0 (01-11-2013 - OK)

Plaintiffs–Appellants Steven and Sarah Waltner (the Waltners) brought this action following foreclosure on their Texas home. The Waltners appeal the district court’s grant of judgment as a matter of law on their promissory estoppel claim in favor of Defendants–Appellees Aurora Loan Services, L.L.C. (Aurora) and Federal Home Loan Mortgage Corporation (FHLMC). They also appeal various discover... More...   $0 (12-31-2012 - TX)

[¶1] The Teton County Board of Commissioners (the Board) approved a Final Development Plan Application by C&J, LLC (C&J). C&J owns 2.04 acres of property in Wilson, Wyoming. The northern portion of the property is zoned for commercial use, while the southern portion is zoned for a single-family residence. The plan approved by the Board allowed C&J to construct five residential units and one affor... More...   $0 (12-21-2012 - Wy)

This is an appeal from a final judgment in a statutory condemnation case. See TEX. PROP. CODE ANN. § 21.011-.025 (West 2004 & Supp. 2012). In this appeal, appellant Hanford-Southport, LLC (“Hanford-Southport”) does not challenge the condemnation; rather, Hanford-Southport challenges the amount of the condemnation award. We affirm the trial court’s judgment.

BACKGROUND

The City... More...   $0 (11-09-2012 - TX)

Chrystal Gregory sued Shawn Densmore and William Tolar on auto negligence theories claiming to have been injured in a car wreck caused by Defendants and alleged as follows:

1. Plaintiff is a resident of Shidler, Osage County, Oklahoma; Defendant, Shawn Densmore is a resident of Boynton, Okmulgee County, Oklahoma; Defendant, William Tolar is a resident of Beggs, Okmulgee County, Oklahoma; De... More...   $0 (11-06-2012 - OK)

A time worn proverb teaches that "Hell hath no fury like a woman scorned." Much the same dynamic can be in play when, as in this case, a corporation abruptly cashiers a member of senior management who believes that he deserves better.

In this instance the denouement prompted a suit for age discrimination and retaliation. After a protracted trial, the jury found the employer guilty... More...   $0 (11-01-2012 - MA)

It is settled that when a development project is approved by means of a ballot initiative placed on the ballot by voters and adopted by them in an election, the project is exempt from environmental review under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA). (See CEQA Guidelines, § 15378 (b)1.) In this case, real parties in interest Wal-Mart Stores, Inc., ... More...   $0 (10-30-2012 - CA)

When an insured defendant believes its insurer is refusing

to settle a plaintiff's claims in bad faith, the insured can negotiate an independent

pretrial settlement with the plaintiff. These settlements typically involve a stipulated

judgment against the insured, a covenant not to execute on that judgment against the

insured, and an assignment to the plaint... More...   $0 (10-25-2012 - WA)

¶1 On April 26, 2012, the Oklahoma Bar Association (OBA) filed a formal complaint against Michelle Renee Rowe (Respondent), OBA No. 20106, pursuant to Rule 6 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. 2011, Ch. 1, App. 1-A, setting forth eight (8) counts of professional misconduct in violation of Rules 1.1, 1.3, 1.4, 1.5, 1.15, 1.16(d), 3.4(c), 8.1(b) and 8.4(a)and (c) of the ... More...   $0 (10-23-2012 - OK)

In November 2008, defendant Siskiyou County (County) approved a project to expand an existing wood veneer manufacturing facility owned by real party in interest Roseburg Forest Products Co. (Roseburg) in order to permit cogeneration of electricity for resale (Project). Plaintiffs Mount Shasta Bioregional Ecology Center (MSBEC) and Weed Concerned Citizens (WCC) filed a petition for writ of mandate ... More...   $0 (10-19-2012 - CA)

Appellants MBR & Associates, Inc. and Marion Brian Ramon appeal from the trial court’s judgment for Appellee William S. Lile, signed after a bench trial. For the reasons set forth below, we will affirm the trial court’s judgment.

II. FACTUAL OVERVIEW

Lile hired MBR Guaranteed Foundation Repair (MBR-GFR)2 to repair the foundation of his home based on MBR-GFR’s representation... More...   $0 (10-05-2012 - TX)

20 This appeal concerns a longstanding land-use dispute between
21 plaintiff-appellee Fortress Bible Church (“the Church”) and
22 defendant-appellant Town of Greenburgh, New York (“the Town”)
23 over the Church’s plan to build a worship facility and school on
24 land that it owned within the Town. After a series of
25 contentious administrative proceedings effectively... More...   $0 (09-25-2012 - )