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80 N.C. App. 661 · Court of Appeals of North Carolina · May 20, 1986
Colonial Pipeline Co. v. Weaver, 310 N.C. 93, 103, 310 S.E. 2d 338, 344 (1984). … Kanoy v. Hinshaw, 273 N.C. 418 , 160 S.E. 2d 296 (1968). Under the circumstances of the instant case we consider Judge Walker’s questions asked of the jury non-prejudicial. See State v.
Cited 4 timesPublished929 S.W.2d 609 · Texas Court of Appeals, 10th District (Waco) · Oct 9, 1996
Lear Siegler, Inc. v. Perez, 819 S.W.2d 470, 471 (Tex.1991); Anderson v. Snider, 808 S.W.2d 54, 55 (Tex.1991); City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex.1979); Rosas v. … Sys. v. Arredondo, 922 S.W.2d 120, 121 (Tex.1996); Bala v. Maxwell, 909 S.W.2d 889, 892-93 (Tex.1995). Thus, the Browns’ first argument is without merit.
Cited 2 timesPublished65 N.Y.S. 1126 · Appellate Division of the Supreme Court of the State of New York · Jul 17, 1900
Therefore the case is within the principle of Knapp v. Wallace, 41 N. Y. 477 ; Kalley v. Baker, 132 N. Y. 1 , 29 N. E. 1091 ; Gilder v. Davis, 137 N. Y. 504 , 33 N. E. 599 , 20 L. R. A. 398. Diamond Co. v.
Cited 2 timesPublished37 A.D.3d 370 · Appellate Division of the Supreme Court of the State of New York · Feb 27, 2007
Cited 0 timesPublished40 A.D.2d 1009 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 1972
. *■ * * The notice must he of such nature as reasonably to convey the required information * * * and it must afford a reasonable time for those interested to make their appearance ” (Mullane v. … Petersen v. Vane, 57 Cal. App. 2d 58 ). Thus, we find that the service of process was invalid and that the order of possession, consequently, was made without jurisdiction. Hopkins, Acting P.
Cited 4 timesPublished298 A.D.2d 158 · Appellate Division of the Supreme Court of the State of New York · Oct 8, 2002
Issues of credibility were properly considered by the jury and there is no basis upon which to disturb its determinations (see People v Gaimari, 176 NY 84, 94 ). … We decline to invoke our interest of justice jurisdiction to dismiss the non-inclusory concurrent count (see People v Spence, 290 AD2d 223 , lv denied 98 NY2d 641 ; People v Kulakov, 278 AD2d 519 , lv denied 96 NY2d 785 )
Cited 1 timesPublished67 Cal. App. 2d 800 · California Court of Appeal · Feb 5, 1945
Brown of Los Angeles, Calif, the sum of Three Thousand ($3,000.00) Dollars, inherited by me from the estate of my father, Samuel Newton Cline, and I direct that this sum be paid before any other bequest hereinafter made. … *805 present in the instant case, viz., that the testator intended to make an unconditional gift in the nature of a general legacy, and secondly, the bequest indicates the fund out of which the legacy is payable (Maxim v.
Cited 1 timesPublished12 A.D.3d 524 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 2004
support his conviction because the People failed to prove that his statements to the police were voluntary and failed to disprove his justification defense is unpreserved for appellate review (see CPL 470.05 [2]; People v … In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt
Cited 2 timesPublished124 Wash. App. 1004 · Court of Appeals of Washington · Nov 8, 2004
Cited 0 timesPublished19 Ala. App. 256 · Alabama Court of Appeals · Jun 5, 1923
Co. v. Allen, 21 Nev. 325 , 31 Pac. 434 ; In re Taylor, 7 S. D. 382, 64 N. W. 253 , 45 L. R. A. 136, 58 Am. St. Rep. 843 . … Lee v. State, 143 Ala. 93 , 39 South. 366 .
Cited 3 timesPublished859 N.E.2d 1287 · Indiana Court of Appeals · Jan 12, 2007
859 N.E.2d 1287 (2006) BROWN v. STATE. 49A04-0606-CR-299. Court of Appeals of Indiana. January 12, 2007. BAILEY, J. Unpublished memorandum decision. Affirmed. VAIDIK, J. Concurs. BARNES, J. Concurs.
Cited 0 timesPublished70 A.D.3d 1302 · Appellate Division of the Supreme Court of the State of New York · Feb 11, 2010
People v Turner, 5 NY3d 476, 480 [2005]; People v Baldi, 54 NY2d 137, 147 [1981]). … People v Miller, 59 AD3d 1124, 1125 [2009], lv denied 12 NY3d 819 [2009]; People v Brown, 16 AD3d 1102 [2005], lv denied 5 NY3d 760 [2005]).
Cited 1 timesPublished982 So. 2d 565 · Court of Criminal Appeals of Alabama · Apr 28, 2006
Otwell v. Bryant, 497 So.2d 111, 119 (Ala. 1986). Prejudice on the part of a judge is not presumed. Hartman v. Board of Trustees, 436 So.2d 837 (Ala.1983); Duncan v. … Hartman v. Board of Trustees of the University of Alabama, 436 So.2d 837 (Ala.1983); Reach v. Reach, 378 So.2d 1115 (Ala. Civ.App.1979).
Cited 26 timesPublished12 Fla. L. Weekly 1916 · District Court of Appeal of Florida · Aug 7, 1987
motion should be so treated by the trial court, and because this asserted ground for relief is facially sufficient, denial of the motion on this ground is reversed and the cause remanded for consideration in accordance with Brown … v.
Cited 2 timesPublished8 S.W.3d 906 · Missouri Court of Appeals · Jan 13, 2000
Respondents Debra K Brown, James E. Brown, and Edna M. … Ostermueller v. Potter, 868 S.W.2d 110, 111 (Mo.banc 1993); Keys v. Nigro, 913 S.W.2d 947, 949 (Mo.App.1996).
Cited 1 timesPublished181 N.C. App. 607 · Court of Appeals of North Carolina · Feb 6, 2007
Cited 0 timesPublished3 A.D.2d 696 · Appellate Division of the Supreme Court of the State of New York · Jan 18, 1957
People v. Raymondi, 180 Misc. 973 .) Any holding to the contrary, as in People v. Jackson ( 2 Misc 2d 521 ) we do not approve.
Cited 1 timesPublished207 A.D.2d 962 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 1994
Reversal, therefore, is not required (see, People v Castro-Garcia, 203 AD2d 899 ). … 961 ; People v Gessner, 188 AD2d 1079 , lv denied 81 NY2d 1073 ).
Cited 3 timesPublished956 So. 2d 1264 · District Court of Appeal of Florida · May 30, 2007
We reverse and remand the denial of Brown’s motion as to Ground 5 alleging that trial counsel rendered ineffective assistance by advising Brown not to take the stand even after the trial court indicated that his testimony … of Ground 5 of Brown’s Rule 3.850 motion.
Cited 0 timesPublished972 So. 2d 181 · District Court of Appeal of Florida · Jan 7, 2008
972 So.2d 181 (2008) BROWN v. STATE No. 2D07-2064. District Court of Appeal of Florida, Second District. January 7, 2008. Decision without published opinion. Belated App. denied.
Cited 0 timesPublished
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