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Opinion

Feb 15, 2022

Statutory Interpretation – Sales Tax

Citation Partners, LLC is in the business of leasing aircraft. At issue in this case is whether the total amount paid for an aircraft lease is subject to sales tax, or, if portions of a lease payment attributed to aircraft maintenance and engine maintenance are statutorily exempt from sales tax.

Feb 15, 2022

Derivative Suit – Validity of Claim

The Estate of Stephen O’Bryan, Brendan Tim O’Bryan, Joan O’Bryan Herriott, and the remaining plaintiffs appellants named in the caption above appeal from an order of the circuit court dismissing their derivative action against Lakewood Farms, Inc. (LFI) and against David L. O’Bryan, Thomas O’Bryan, and various other O’Bryan family members, all on LFI’s board of directors.

Feb 14, 2022

4th Amendment Violation

Lamondo Turrubiates appeals from an order that: (1) compelled him to disclose his cell phone passcode to law enforcement...

Feb 14, 2022

Court Error – Abuse of Discretion

Darrell Anthony Killebrew appeals a judgment of conviction for one count of possession of a firearm by a convicted felon, one count of disorderly conduct as an act of domestic abuse with use of a dangerous weapon, and one count of threat to a law enforcement officer, with all counts as a repeat offender.

Feb 14, 2022

Postconviction Relief – Ineffective Instance of Counsel

Antwan Devonta Green appeals a judgment of conviction entered following a jury trial for felon in possession of a firearm and carrying a concealed weapon, both as a party to a crime, and an order denying postconviction relief.

Feb 14, 2022

Ineffective Assistance of Counsel

Emanual Santana appeals from a judgment of conviction for one count of first-degree sexual assault and an order denying his postconviction motion, without a hearing.

Feb 14, 2022

Sufficiency of Evidence

David Charles Smith appeals the judgment of conviction for multiple counts of sexual assault of two children.

Feb 14, 2022

Subject-matter Jurisdiction and Claim Splitting

Plaintiff-appellant Bobbie Jo Scholz suffered from serious physical and mental ailments following her service in the military.

Feb 11, 2022

Weekly Case Digests – February 7, 2022 – February 11, 2022

Weekly Case Digests – February 7, 2022 - February 11, 2022

Feb 8, 2022

Postconviction Relief – Evidentiary Hearing

Lamont Donnell Sholar, pro se, appeals his judgment of conviction for five counts related to sex trafficking and the circuit court order denying his motion for postconviction relief without a hearing.

Feb 8, 2022

Termination of Parental Rights

Sarah appeals from orders terminating her parental rights to her two daughters, Nora and Abby, based upon her failure to assume parental responsibility for them.

Feb 8, 2022

Court Error – Abuse of Discretion

It is criminal “distribut[ion]” of child pornography within the meaning of 18 U.S.C. § 2252(a)(2) to knowingly make a file containing child pornography available for others to access and download via a peer-to-peer filesharing network.

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