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Recent changes
Law Offices of Robert E. Soles, Jr., Co., LPA v. Swinderman - Civ.R. 60(B) Motion
The Ohio Court of Appeals affirmed a lower court's decision denying a motion to vacate a default judgment. The appellant failed to establish a meritorious defense or excusable neglect, and the court found no error in the trial court's judgment.
Court Limits Podiatrist Testimony on Spinal Cord Stimulator Necessity
The Delaware Superior Court has limited the testimony of a treating podiatrist regarding the necessity and cost of a spinal cord stimulator. The court found that while the podiatrist could testify about his treatment and recommendations, his expertise did not extend to the specific device or its cost, necessitating referral to a specialist.
Naim Fahridine v. Plume Design, Inc. - Judgment on Pleadings and Summary Judgment
The Delaware Superior Court ruled on motions for judgment on the pleadings and summary judgment in the case of Naim Fahridine v. Plume Design, Inc. The court granted in part and denied in part both parties' motions concerning the retirement of a promissory note and associated tax liabilities.
Noah Sharp v. State of Delaware - Postconviction Relief Denied
The Delaware Superior Court denied Noah Sharp's motion for postconviction relief and granted the motion to withdraw as counsel for Patrick J. Collins. Sharp was convicted of murder and related charges in October 2022 and sentenced to life in prison.
State of Tennessee v. Tony Charles Davenport - Appeal Dismissed
The Tennessee Court of Criminal Appeals dismissed the appeal of Tony Charles Davenport, who was convicted of reckless homicide, attempted second degree murder, and attempted voluntary manslaughter. The court found that Davenport's notice of appeal was untimely filed and did not warrant waiver.
People v. Berger - Criminal Possession of Stolen Property
The Appellate Division of the Supreme Court of New York affirmed a judgment convicting Robert Berger of attempted criminal possession of stolen property. The court upheld the imposition of an enhanced sentence due to the defendant's failure to appear for sentencing, which violated the terms of his plea agreement.
People v. Wheeler - Criminal Sale of Controlled Substance Conviction
The Appellate Division of the Supreme Court of the State of New York affirmed a judgment convicting Damon Wheeler of criminal sale of a controlled substance in the third degree. The conviction followed a plea of guilty, and the court found the defendant's waiver of appeal to be valid, precluding review of the sentence.
People v. Olivarez - Sentencing Appeal
The Appellate Division of the Supreme Court of the State of New York affirmed a sentence imposed on Antonio Olivarez. The court found that the sentence was not excessive, referencing prior case law.
People v. Brock - Appellate Division Opinion
The New York Appellate Division affirmed a judgment convicting Isaiah Brock of criminal possession of a weapon in the second degree. The court found no non-frivolous issues on appeal and granted the motion to withdraw as counsel.
People v. Alonzo - Criminal Conviction Affirmation
The Appellate Division of the Supreme Court of the State of New York affirmed a judgment convicting Jose Ramos Alonzo of rape in the first degree. The court found the defendant's contentions regarding an enhanced sentence and the validity of his appeal waiver to be unpreserved or without merit.
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