{"count":1050574,"next":"https://www.courtlistener.com/api/rest/v4/search/?cursor=cz0yNS4yMjAwMjYmcz05OTg3ODY1JnQ9byZkPTIwMjYtMTAtMDkmcD0y&q=DETERMINATION+OF+POSSESSION&type=o","previous":null,"results":[{"absolute_url":"/opinion/7327597/armstrong-v-new-mexico-disability-determination-services/","attorney":"Counsel: Maureen A Sanders, Brian L. Moore, Sanders & Westbrook, PC, Albu-. querque, New Mexico, Attorneys for the Plaintiffs, James D. Tierney, Acting United States Attorney, Manuel Lucero, Assistant United States Attorney, District of New Mexico, United States Attorney’s Office, Albuquerque, New Mexico—and—Gregory E. White, Special Assistant United States Attorney, Office of General Counsel, Social Security Administration, Dallas, Texas, Attorneys for the Defendants","caseName":"Armstrong v. New Mexico Disability Determination Services","caseNameFull":"Michael ARMSTRONG and Beryl Ann Griego v. NEW MEXICO DISABILITY DETERMINATION SERVICES, Daniel Roper, Director, New Mexico Disability Determination Services, in his official capacity, and Miriam Fernandez-Rice, Administrative Law Judge, United States Social Security Office of Disability Adjudication and Review, in her individual capacity","citation":["278 F. Supp. 3d 1193"],"citeCount":6,"cluster_id":7327597,"court":"District Court, D. New Mexico","court_citation_string":"D.N.M.","court_id":"nmd","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2017-09-30","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"No. CIV 15-1148 JB/JHR","docket_id":64316081,"judge":"Browning, James","lexisCite":"","meta":{"timestamp":"2024-06-22T13:38:35.296231Z","date_created":"2022-07-25T05:16:16.867331Z","score":{"bm25":36.026794}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":null,"cites":[],"download_url":null,"id":7245513,"joined_by_ids":[],"local_path":null,"meta":{"timestamp":"2025-07-08T21:41:27.478986Z","date_created":"2022-07-25T05:16:16.876072Z"},"ordering_key":null,"per_curiam":false,"sha1":"","snippet":"\nMEMORANDUM OPINION AND ORDER\nJames 0. Browning, UNITED STATES DISTRICT JUDGE\nTHIS MATTER comes before the Court on: (i) the Defendant’s Motion to Dismiss Complaint, filed March 15, 2016 (Doc. 8)(“First Motion”); and (ii) the' Defendant’s Motion to Dismiss Complaint Against Administrative Law Judge Miriam Fernandez-Rice, filed April 19, 2016 (Doc. 18)(“Second Motion”).1 The Cou","type":"lead-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[7245513],"source":"U","status":"Published","suitNature":"","syllabus":""},{"absolute_url":"/opinion/4758444/advisory-opinion-to-the-attorney-general-re-prohibits-possession-of/","attorney":"","caseName":"Advisory Opinion to the Attorney General Re: Prohibits Possession of Defined Assault Weapons","caseNameFull":"","citation":[],"citeCount":0,"cluster_id":4758444,"court":"Supreme Court of Florida","court_citation_string":"Fla.","court_id":"fla","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2020-06-04","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"SC19-1266","docket_id":17222042,"judge":"","lexisCite":"","meta":{"timestamp":"2024-06-22T02:16:26.071181Z","date_created":"2020-06-04T15:03:51.512791Z","score":{"bm25":32.941387}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":null,"cites":[1096170,1597538,1660351,1813651],"download_url":"https://www.floridasupremecourt.org/pre_opinion_content_download/637052","id":4538791,"joined_by_ids":[],"local_path":"pdf/2020/06/04/advisory_opinion_to_the_attorney_general_re_prohibits_possession_of.pdf","meta":{"timestamp":"2025-10-25T19:02:10.336875Z","date_created":"2020-06-04T15:03:51.516692Z"},"ordering_key":null,"per_curiam":false,"sha1":"c8464efe6efbdb1e51e887e8562defb032918578","snippet":"          Supreme Court of Florida\n                                    ____________\n\n                                    No. SC19-1266\n                                    ____________\n\n\n        ADVISORY OPINION TO THE ATTORNEY GENERAL\n   RE: PROHIBITS POSSESSION OF DEFINED ASSAULT WEAPONS.\n\n                                      June 4, 2020\n\nPER CURIAM.\n\n      The Attorney General of Florida has requested this Court’s opinion as to the\n\nvalidity of a citizen initiative petition circulated pursua","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[4538791],"source":"C","status":"Published","suitNature":"","syllabus":""},{"absolute_url":"/opinion/10320554/mimg-clxxii-retreat-on-6th-llc-v-mackenzie-miller-and-parties-in/","attorney":"","caseName":"MIMG CLXXII Retreat on 6th, LLC v. Mackenzie Miller and Parties in Possession","caseNameFull":"","citation":[],"citeCount":0,"cluster_id":10320554,"court":"Supreme Court of Iowa","court_citation_string":"Iowa","court_id":"iowa","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2025-01-24","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"23-0670","docket_id":69573623,"judge":"","lexisCite":"","meta":{"timestamp":"2025-01-24T15:08:04.725641Z","date_created":"2025-01-24T15:08:04.675048Z","score":{"bm25":30.017391}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":null,"cites":[101302,111043,111984,118331,873660,931121,2676593,2804673,2811845,4697834,4879298,6328531,6347225,9387917,9420000,9421223,9432617,9432650,9433361,9433921,9434292,9434702,9434787,9434815,9435271,9800826,9887864,9895574,9916322,10452864],"download_url":"https://www.iowacourts.gov/courtcases/21771/embed/SupremeCourtOpinion","id":10787142,"joined_by_ids":[],"local_path":"pdf/2025/01/24/mimg_clxxii_retreat_on_6th_llc_v._mackenzie_miller_and_parties_in.pdf","meta":{"timestamp":"2025-12-06T19:17:22.758637Z","date_created":"2025-01-24T15:08:04.677577Z"},"ordering_key":null,"per_curiam":false,"sha1":"a333da28f078ceb7f307883b8f3720e4111bdc90","snippet":"                          In the Iowa Supreme Court\n\n                                     No. 23–0670\n\n              Submitted December 17, 2024—Filed January 24, 2025\n\n                        MIMG CLXXII Retreat on 6th, LLC,\n\n                                      Appellant,\n\n                                          vs.\n\n                          Mackenzie Miller and Parties in\n                                  Possession,\n\n                                       Appellees.\n\n\n         Appeal fro","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[10787142],"source":"C","status":"Published","suitNature":"","syllabus":""},{"absolute_url":"/opinion/10273107/south-central-iowa-landfill-agency-v-elliott-j-corwin-tassie-l-corwin/","attorney":"","caseName":"South Central Iowa Landfill Agency v. Elliott J. Corwin, Tassie L. Corwin and All Parties in Possession","caseNameFull":"","citation":[],"citeCount":0,"cluster_id":10273107,"court":"Court of Appeals of Iowa","court_citation_string":"Iowa Ct. App.","court_id":"iowactapp","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2024-11-13","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"23-1232","docket_id":69369948,"judge":"","lexisCite":"","meta":{"timestamp":"2024-11-13T17:38:30.922091Z","date_created":"2024-11-13T16:07:11.362201Z","score":{"bm25":28.826197}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":null,"cites":[1895522,4378794],"download_url":"https://www.iowacourts.gov/courtcases/22031/embed/CourtAppealsOpinion","id":10739697,"joined_by_ids":[],"local_path":"pdf/2024/11/13/south_central_iowa_landfill_agency_v._elliott_j._corwin_tassie_l._corwin.pdf","meta":{"timestamp":"2025-10-24T02:27:40.371548Z","date_created":"2024-11-13T16:07:11.364320Z"},"ordering_key":null,"per_curiam":false,"sha1":"97ec454766f1a173d8810b480135ae63888cf5fd","snippet":"                   IN THE COURT OF APPEALS OF IOWA\n\n                                   No. 23-1232\n                            Filed November 13, 2024\n\n\nSOUTH CENTRAL IOWA LANDFILL AGENCY,\n    Plaintiff-Appellee,\n\nvs.\n\nELLIOT J. CORWIN, TASSIE L. CORWIN, and ALL PARTIES IN POSSESSION,\n     Defendants-Appellants.\n________________________________________________________________\n\n\n      Appeal from the Iowa District Court for Madison County, Randy Hefner,\n\nJudge.\n\n\n\n      Defendants appeal the dist","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[10739697],"source":"C","status":"Published","suitNature":"","syllabus":""},{"absolute_url":"/opinion/8528867/in-possession-cantrell-drug-co-v-united-states-in-re-cantrell-drug-co/","attorney":"*560Kevin P. Keech, Keech Law Firm, PA, Little Rock, AR, for Plaintiff., Jonathan Edward Jacobson, Jeffrey Ira Steger, Raquel Toledo, U.S. Department of Justice, Washington, DC, Stacey E. McCord, Shannon Short Smith, U.S. Attorney's Office, Little Rock, AR, for Defendants.","caseName":"In-Possession, Cantrell Drug Co. v. United States (In re Cantrell Drug Co.)","caseNameFull":"IN RE: CANTRELL DRUG COMPANY, Debtor-in-Possession, Cantrell Drug Company v. United States of America, Food and Drug Administration, 10903 New Hampshire Avenue, Silver Springs, MD 20993, Scott Gottlieb, M.D., in his official capacity as Commissioner of Food and Drugs, Food and Drug Administration, 10903 New Hampshire Avenue, Silver Springs, MD 20993, Thomas E. Price, M.D., Secretary of Health and Human Services, 200 Independence Avenue SW, Washington, DC 20201","citation":["585 B.R. 555"],"citeCount":1,"cluster_id":8528867,"court":"United States Bankruptcy Court, E.D. Arkansas","court_citation_string":"Bankr. E.D. Ark.","court_id":"areb","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2018-04-04","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"Case No. 4:17–bk–16012; AP No. 4:18–ap–1024","docket_id":65790548,"judge":"Jones","lexisCite":"","meta":{"timestamp":"2024-06-22T19:51:38.795886Z","date_created":"2022-11-22T22:49:34.032321Z","score":{"bm25":28.14345}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":null,"cites":[],"download_url":null,"id":8501354,"joined_by_ids":[],"local_path":null,"meta":{"timestamp":"2025-10-27T02:54:34.179098Z","date_created":"2022-11-22T22:49:34.041968Z"},"ordering_key":null,"per_curiam":false,"sha1":"","snippet":"\nPhyllis M. Jones, United States Bankruptcy Judge\nOn March 1, 2018, the Cantrell Drug Company (\"Cantrell Drug Company\" or the \"Debtor\") commenced the above-referenced adversary proceeding against the United States of America, the Food and Drug Administration (the \"FDA\"), Scott Gottlieb, M.D., in his capacity as Commissioner of the FDA, and Thomas E. Price, M.D., Secretary of Health and Human Services (collectively the \"Defendants\" o","type":"lead-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[8501354],"source":"U","status":"Published","suitNature":"","syllabus":""},{"absolute_url":"/opinion/4475527/bernard-j-wihlm-and-patricia-m-balek-v-shirley-a-campbell-and-parties/","attorney":"","caseName":"Bernard J. Wihlm and Patricia M. Balek v. Shirley A. Campbell and Parties in Possession","caseNameFull":"","citation":[],"citeCount":0,"cluster_id":4475527,"court":"Supreme Court of Iowa","court_citation_string":"Iowa","court_id":"iowa","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2018-01-12","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"15-0011","docket_id":6327909,"judge":"","lexisCite":"","meta":{"timestamp":"2024-06-22T00:55:42.378573Z","date_created":"2018-03-08T16:10:48.739376Z","score":{"bm25":27.39829}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":null,"cites":[1251457,1690515,1747074,1921875,2128861,2133010],"download_url":"https://www.iowacourts.gov/courtcases/46/embed/CourtAppealsOpinion","id":4252780,"joined_by_ids":[],"local_path":"pdf/2018/01/12/bernard_j._wihlm_and_patricia_m._balek_v._shirley_a._campbell_and_parties.pdf","meta":{"timestamp":"2025-10-25T15:43:40.678557Z","date_created":"2018-03-08T16:10:48.750342Z"},"ordering_key":null,"per_curiam":false,"sha1":"83fb40a62892c486151ad38dfbe31e4e2b3cc417","snippet":"                                             IN THE COURT OF APPEALS OF IOWA\n\n                                                             No. 15-0011\n                                                      Filed September 14, 2016\n\n                         BERNARD J. WIHLM and\n                         PATRICIA M. BALEK,\n                              Plaintiffs-Appellees,\nCLERK OF SUPREME COURT\n\n\n\n\n                         vs.\n\n                         SHIRLEY A. CAMPBELL, individually,\n          ","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[4252780],"source":"C","status":"Published","suitNature":"","syllabus":""},{"absolute_url":"/opinion/9473327/estate-of-heath/","attorney":"","caseName":"Estate of Heath","caseNameFull":"","citation":["2024 ND 23"],"citeCount":2,"cluster_id":9473327,"court":"North Dakota Supreme Court","court_citation_string":"N.D.","court_id":"nd","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2024-02-08","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"20230250","docket_id":68234691,"judge":"Jensen, Jon J.","lexisCite":"","meta":{"timestamp":"2024-06-23T01:24:53.317041Z","date_created":"2024-02-08T16:08:33.420357Z","score":{"bm25":26.986155}},"neutralCite":"2024 ND 23","non_participating_judge_ids":[],"opinions":[{"author_id":null,"cites":[879552,895706,896101,896201,896715,897404,1303764,1865692,2015067,2075057,2228983,2288068,4191915,4661345,9811762],"download_url":"http://www.ndcourts.gov/supreme-court/opinion/2024ND23","id":9931165,"joined_by_ids":[],"local_path":"pdf/2024/02/08/estate_of_heath.pdf","meta":{"timestamp":"2025-12-05T09:16:23.640129Z","date_created":"2024-02-08T16:08:33.438606Z"},"ordering_key":null,"per_curiam":false,"sha1":"308df3984f652c32423840a8f37c3ce5d4b55f3e","snippet":"                                                                             FILED\n                                                                     IN THE OFFICE OF THE\n                                                                  CLERK OF SUPREME COURT\n                                                                       FEBRUARY 8, 2024\n                                                                   STATE OF NORTH DAKOTA\n\n\n\n\n                  IN THE SUPREME COURT\n                  ","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[9931165],"source":"C","status":"Published","suitNature":"PROBATE - WILLS - TRUSTS","syllabus":"A prerequisite to obtaining an order establishing the authority of a domiciliary foreign personal representative is proof of the authority to act as the personal representative in the foreign jurisdiction, meaning an active appointment in the foreign jurisdiction. Chapter 30.1-24, N.D.C.C., gives a district court the authority to consider petitions to initiate foreign probate proceedings. The issuance of an order without satisfaction of all of the statutory prerequisites does not divest subject matter jurisdiction. It is instead an error in the application of the law, which may furnish grounds for appeal, but it does not invalidate the judgment under N.D.R.Civ.P. 60(b)(4). To grant a motion under N.D.R.Civ.P. 60(b)(6), the district court must make a finding that the motion was brought within a reasonable time otherwise, the motion must be denied. A trustee with an interest in a disputed mineral interest that it contends is intended to benefit the trust has sufficient interest in the probate proceedings disposing of those interests, to possess standing. The district court may only take judicial notice of a fact that is not subject to reasonable dispute because it is either generally known within the court's territorial jurisdiction or it is a fact that can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned."},{"absolute_url":"/opinion/4576121/dick-sears-v-indiana-grain-buyers-and-warehouse-licensing-agency/","attorney":"[1] Between 2009 and 2016, Dick Sears (Sears), an Indiana farmer, deposited corn and soybeans with a grain elevator, Cline Grain, Inc. (Cline), which was licensed with the Indiana Grain Buyers and Warehouse Licensing Agency (the IGBWLA). On April 8, 2016, Cline financially failed, and the IGBWLA took possession of Cline for the purpose of determining payment owed to depositors, including Sears. The IGBWLA determined that pursuant to Ind. Code § 26-3-7-2(5), which defines \"claimant\" under the relevant grain warehousing licensing law, Sears was entitled to payment for grain delivered to Cline in the twelve-month period prior to the elevator's failure, but he did not qualify as a \"claimant\" for grain delivered more than twelve months prior to the failure. The IGBWLA, thus, denied Sears's claim for grain delivered before April 8, 2015., [2] Sears administratively appealed, and an ALJ affirmed the IGBWLA's decision. Sears appealed again, and the Ultimate Authority designated by the IGBWLA adopted the findings and order of the ALJ, but with an adjustment based on a statute enacted after the ALJ's decision, I.C. § 26-3-7-37. Based on that statute, the Ultimate Authority found that Sears was entitled to payment for grain delivered after October 8, 2014, but not for grain delivered before that date. Sears filed a petition for judicial review, and the trial court denied relief. Sears filed the current appeal, raising the following restated issue:","caseName":"Dick Sears v. Indiana Grain Buyers and Warehouse Licensing Agency","caseNameFull":"Dick SEARS, Appellant-Petitioner, v. INDIANA GRAIN BUYERS AND WAREHOUSE LICENSING AGENCY, Appellee-Respondent.","citation":["117 N.E.3d 588"],"citeCount":0,"cluster_id":4576121,"court":"Indiana Court of Appeals","court_citation_string":"Ind. Ct. App.","court_id":"indctapp","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2018-12-21","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"Court of Appeals Case 18A-MI-883","docket_id":8446405,"judge":"Robb","lexisCite":"","meta":{"timestamp":"2024-06-22T01:24:03.644194Z","date_created":"2018-12-21T16:07:04.705552Z","score":{"bm25":26.931772}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":null,"cites":[],"download_url":null,"id":9887790,"joined_by_ids":[],"local_path":null,"meta":{"timestamp":"2025-10-23T22:59:55.721182Z","date_created":"2023-10-06T18:22:19.721072Z"},"ordering_key":1,"per_curiam":false,"sha1":"","snippet":"\nWhether the trial court properly determined that the IGBWLA's interpretation of the term \"claimant,\" defined in I.C. § 26-3-7-2(5), was not arbitrary or capricious.\n[3] We affirm.\nFacts & Procedural History1\n[4] Before we address the facts and history specific to Sears's case, we find that a brief overview of the grain warehousing licensing l","type":"lead-opinion"},{"author_id":null,"cites":[2141152],"download_url":"http://www.in.gov/judiciary/opinions/pdf/12211801rra.pdf","id":4353374,"joined_by_ids":[],"local_path":"pdf/2018/12/21/dick_sears_v._indiana_grain_buyers_and_warehouse_licensing_agency.pdf","meta":{"timestamp":"2025-10-25T16:53:51.162742Z","date_created":"2018-12-21T16:07:04.710151Z"},"ordering_key":null,"per_curiam":false,"sha1":"2956b20c0bde46413c726d02c61b704364a8f95b","snippet":"                                                                                 FILED\n                                                                             Dec 21 2018, 8:46 am\n\n                                                                                 CLERK\n                                                                             Indiana Supreme Court\n                                                                                Court of Appeals\n                               ","type":"combined-opinion"},{"author_id":null,"cites":[],"download_url":null,"id":9887791,"joined_by_ids":[],"local_path":null,"meta":{"timestamp":"2025-10-23T22:59:55.711556Z","date_created":"2023-10-06T18:22:19.726167Z"},"ordering_key":2,"per_curiam":false,"sha1":"","snippet":"\nRobb, Judge, dissenting.\n[1] In affirming the trial court and the various entities below, the majority reads Indiana Code section 26-3-7-2(5) (2010) so that the definition of \"claimant\" acts as a bar to all claims for grain delivered more than twelve months immediately preceding a licensee's failure. Id; op. at ¶ 22. The result of this interpretation is that only those producers who delivered grain within the twel","type":"dissent"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[9887790,9887791,4353374],"source":"CU","status":"Published","suitNature":"","syllabus":""},{"absolute_url":"/opinion/10363557/gemeyal-strowder-v-state-of-tennessee/","attorney":"","caseName":"Gemeyal Strowder v. State of Tennessee","caseNameFull":"","citation":[],"citeCount":0,"cluster_id":10363557,"court":"Court of Criminal Appeals of Tennessee","court_citation_string":"Tenn. Crim. App.","court_id":"tenncrimapp","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2025-03-25","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"W2024-00716-CCA-R3-PC","docket_id":69785827,"judge":"Presiding Judge Camille R. McMullen","lexisCite":"","meta":{"timestamp":"2025-03-25T16:14:11.360118Z","date_created":"2025-03-25T16:14:11.299450Z","score":{"bm25":26.827446}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":8286,"cites":[444162,1043907,1044033,1057949,1058120,1060561,1060765,1061016,1678167,1746202,1769614,1986029,2165868,2168477,2277242,2445256,2457978,4181054,9424054,9429592,9430227,9627231,9760867],"download_url":"https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/StrowderGemeyal2OPN.pdf","id":10830145,"joined_by_ids":[],"local_path":"pdf/2025/03/25/gemeyal_strowder_v._state_of_tennessee.pdf","meta":{"timestamp":"2025-12-07T10:06:00.639295Z","date_created":"2025-03-25T16:14:11.309831Z"},"ordering_key":null,"per_curiam":false,"sha1":"a57957b656ce79c12183bcd1f66cc09bf2006002","snippet":"                                                                                                        FILED\n                                                                                                        03/25/2025\n            IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE                                                 Clerk of the\n\n                              AT JACKSON                                                                Appellate Courts\n\n                            Assig","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[10830145],"source":"C","status":"Published","suitNature":"","syllabus":"The Petitioner, Gemeyal Strowder, was charged with aggravated robbery, aggravated assault, possession of a firearm by a convicted felon, and theft of property valued at one thousand dollars ($1000) or less. Pursuant to a plea agreement, the Petitioner entered a guilty plea to aggravated robbery, and the remaining charges were dismissed with the sentence and manner of service to be determined by the trial court. Following a hearing, the trial court imposed a sentence of eighteen years' imprisonment. The Petitioner subsequently filed a petition for post-conviction relief, which the post-conviction court denied. In this appeal, the Petitioner argues that he received ineffective assistance of counsel. After review, we affirm the judgment of the post-conviction court."},{"absolute_url":"/opinion/4833583/the-cove-deerfield-beach-llc-v-r-fast-inc-hector-alicia-and-all/","attorney":"","caseName":"THE COVE & DEERFIELD BEACH, LLC v. R. FAST, INC., HECTOR ALICIA, and ALL OTHERS IN POSSESSION","caseNameFull":"","citation":[],"citeCount":0,"cluster_id":4833583,"court":"District Court of Appeal of Florida","court_citation_string":"Fla. Dist. Ct. App.","court_id":"fladistctapp","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2020-11-25","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"20-1782","docket_id":18690535,"judge":"","lexisCite":"","meta":{"timestamp":"2024-06-22T02:37:04.637498Z","date_created":"2020-11-25T17:02:45.513928Z","score":{"bm25":26.620401}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":null,"cites":[1105533,2536299,2545941,4797415],"download_url":"https://edca.4dca.org/DCADocs/2020/1782/201782_DC03_11252020_101256_i.pdf","id":4637362,"joined_by_ids":[],"local_path":"pdf/2020/11/25/the_cove__deerfield_beach_llc_v._r._fast_inc._hector_alicia_and_all.pdf","meta":{"timestamp":"2025-10-25T20:08:40.264371Z","date_created":"2020-11-25T17:02:45.515788Z"},"ordering_key":null,"per_curiam":false,"sha1":"ac66dc586546c033a0f8631c7e42b1e89f5a5dbd","snippet":"       DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA\n                             FOURTH DISTRICT\n\n                THE COVE & DEERFIELD BEACH, LLC,\n                            Petitioner,\n\n                                    v.\n\n                  R FAST, INC., HECTOR ALICIA, and\n                    ALL OTHERS IN POSSESSION,\n                            Respondents.\n\n                             No. 4D20-1782\n\n                          [November 25, 2020]\n\n   Petition for writ of mandamus to th","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[4637362],"source":"C","status":"Published","suitNature":"","syllabus":""},{"absolute_url":"/opinion/10362705/state-of-tennessee-v-charles-jordan-ii/","attorney":"","caseName":"State of Tennessee v. Charles Jordan, II","caseNameFull":"","citation":[],"citeCount":0,"cluster_id":10362705,"court":"Court of Criminal Appeals of Tennessee","court_citation_string":"Tenn. Crim. App.","court_id":"tenncrimapp","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2025-03-24","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"W2024-01178-CCA-R3-CD","docket_id":69780168,"judge":"Judge John W. Campbell, Sr.","lexisCite":"","meta":{"timestamp":"2025-03-24T19:14:41.544808Z","date_created":"2025-03-24T19:14:41.492528Z","score":{"bm25":25.970688}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":null,"cites":[1043920,1043936,2647203],"download_url":"https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/JordanCharlesIIOPN.pdf","id":10829293,"joined_by_ids":[],"local_path":"pdf/2025/03/24/state_of_tennessee_v._charles_jordan_ii.pdf","meta":{"timestamp":"2025-07-03T20:39:43.990449Z","date_created":"2025-03-24T19:14:41.499418Z"},"ordering_key":null,"per_curiam":false,"sha1":"75f9d32b792a1ef84fa6f80d040c37a53e91b7d2","snippet":"                                                                                          03/24/2025\n        IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE\n                          AT JACKSON\n                                 March 4, 2025 Session\n\n              STATE OF TENNESSEE v. CHARLES JORDAN, II\n\n                   Appeal from the Circuit Court for Dyer County\n                     No. 23-CR-83       Mark L. Hayes, Judge\n                     ___________________________________\n\n            ","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[10829293],"source":"C","status":"Published","suitNature":"","syllabus":"The Defendant, Charles Jordan, II, pled guilty in the Dyer County Circuit Court to possession of a firearm after having been convicted of a felony crime of violence and possession of more than one-half ounce of marijuana with intent to sell or deliver. Pursuant to the plea agreement, he was to receive an effective ten-year sentence with the trial court to determine the manner of service. After a sentencing hearing, the trial court ordered that he serve the sentence in confinement. On appeal, the Defendant claims that the trial court erred by denying his request for alternative sentencing. Based on our review, we affirm the judgments of the trial court."},{"absolute_url":"/opinion/2056589/in-re-possession-control-of-the-commissioner-of-banks/","attorney":"Daniel T. Graham, of Levin & Funkhouser, Ltd., Katherine E. Blumenthal, of Cowen, Crowley, Nord & Staub, EC., Raymond A. Fylstra and Bethany E. Ammons, both of Kubasiak, Cremieux, Fylstra, Reizen & Rotunno, EC., Gus A. Paloian, Scott A. Carlson, Jerome E Buch, Kyle G. French, and Daniel F. Lanciloti, all of Seyfarth, Shaw, Fairweather & Gerald, Kenneth Michaels, of Bauch & Michaels, Richard Hart and Gregory Bertsch, both of Handler, Thayer & Duggan, Stephen T. Bobo, of D’Ancona & Pflaum, Bernard F. Doyle, Jr., and William Bolotin, both of Doyle & Bolotin, Ltd., Donald S. Shine, of Nisen & Elliott, Stephen D. Libowsky, of Katten, Muchin & Zavis, Charles F. Vihon and Richard K. Hellerman, both of Arnstein & Lehr, William J. Nissen, of Sidley & Austin, Stephen B. Varick and Charles Philbrick, both of McBride, Baker & Coles, and Paul M. Bauch, of Paul M. Bauch & Associates, all of Chicago, and Paul Lanphier, of Lanphier & Kowalkowski, Ltd., of Elmhurst, and Ralph Bertacchi, of Orland Park, and Howard Z. Gopman, of Howard Z. Gopman & Associates, Ltd., of Skokie, and John Talbot Sant, Jr., of Armstrong Teasdale, L.L.E, Kenton E. Knickmeyer, of Knickmeyer, Kinsella & Bloch, Nelson L. Mitten and Michael A. Ellenhorn, both of Reizman Berger, EC., Gary Growe and Richard Huck, both of Blumfield, Kaplan & Sandweiss, and Michael McKitrick, all of St. Louis, Missouri, and Maureen B. Connaughton, of Atlanta, Georgia, and Norman Bard, of East Meadow, New York, and J. William Norton, of St. Paul, Minnesota, for appellants., James E. Ryan, Attorney General (Roger E Flahaven, Assistant Attorney General, of counsel), Jonathan Silverman and Michael Slade, both of Kirkland & Ellis, Dale Turner, of Office of Banks & Real Estate, all of Chicago, and H. Christopher Mott, of Krafsur, Gordon, Mott, Davis & Woody, EC., of El Paso, Texas, for appellees.","caseName":"In Re Possession & Control of the Commissioner of Banks","caseNameFull":"In Re POSSESSION AND CONTROL OF THE COMMISSIONER OF BANKS AND REAL ESTATE OF INDEPENDENT TRUST CORPORATION, A/K/A Intrust (The Commissioner of Banks and Real Estate Et Al., Appellees; J. Phillip O’Brien, Intrust Account Holder, Et Al., Parties in Interest, Appellants)","citation":["764 N.E.2d 66","327 Ill. App. 3d 441","261 Ill. Dec. 775"],"citeCount":77,"cluster_id":2056589,"court":"Appellate Court of Illinois","court_citation_string":"Ill. App. Ct.","court_id":"illappct","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2001-12-28","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"1-00-3253, 1-00-4127 through 1-00-4130, 1-00-4132, 1-00-4214, 1- 00-4260, 1-01-0026, 1-01-0246, 1-01-0342 through 1-01-0344, 1-01-0443 through 1-01-0446, 1-01-0487, 1-01-0945, 1-01-0986, 1-01-0991 through 1-01-0994, 1-01-0996, 1-01-1178, 1-01-1189 through 1-01-1191, 1-01-1215 through 1-01-1217, 1-01-1220, 1-01-1553, 1-01-1572, 1-01-1630, 1-01-1695, 1-01-1773, 1-01-1782, 1-01-1821, 1-01-1822, 1-01-1845, 1-01-1880, 1-01-1933, 1-01-2033, 1-01-2037, 1-01-2039, 1-01-2040 cons.","docket_id":42162,"judge":"Gordon","lexisCite":"","meta":{"timestamp":"2024-06-21T08:28:37.468407Z","date_created":"2015-10-22T19:46:08.087473Z","score":{"bm25":25.940386}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":null,"cites":[85394,89656,90423,98879,104786,108624,109382,118285,293718,734195,882854,1347910,1381972,1542803,1552214,1646804,1888996,1923405,1938667,1989912,1999344,2003782,2015323,2018227,2022919,2025543,2025757,2025794,2031444,2031491,2034421,2036009,2036216,2036303,2044445,2046396,2047600,2051958,2059325,2062456,2063886,2064027,2066220,2072653,2078599,2088999,2097683,2102293,2105827,2115751,2116297,2117009,2119739,2185137,2209881,2213707,2219153,2222862,2227881,2232069,2232125,2236780,2253066,2262626,2579821,3382075,3418422,3436141,3484172,3491356,4897651,6252808],"download_url":null,"id":2056589,"joined_by_ids":[],"local_path":null,"meta":{"timestamp":"2025-10-24T16:38:39.756157Z","date_created":"2013-10-30T08:11:59.536215Z"},"ordering_key":null,"per_curiam":false,"sha1":"abe3e34687f493e5529287eac4b301f772c5679c","snippet":"\n764 N.E.2d 66 (2001)\n327 Ill. App.3d 441\n261 Ill.Dec. 775\nIn re Possession and Control of the COMMISSIONER OF BANKS AND REAL ESTATE of Independent Trust Corporation, a/k/a Intrust, an Illinois Corporate Fiduciary (The Commissioner of Banks and Real Estate; PriceWaterhouseCoopers, LLP, as Receiver of Independent Trust Corporation, a/k/a Intrust, and Millennium Trust Company, LLC, as Successor Trustee, Appell","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[2056589],"source":"LU","status":"Published","suitNature":"","syllabus":""},{"absolute_url":"/opinion/10291982/state-of-tennessee-v-bobby-daniel-pettie/","attorney":"","caseName":"State of Tennessee v. Bobby Daniel Pettie","caseNameFull":"","citation":[],"citeCount":0,"cluster_id":10291982,"court":"Court of Criminal Appeals of Tennessee","court_citation_string":"Tenn. Crim. App.","court_id":"tenncrimapp","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2024-12-11","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"M2024-00558-CCA-R3-CD","docket_id":69457312,"judge":"Judge Tom Greenholtz","lexisCite":"","meta":{"timestamp":"2024-12-11T20:15:16.974371Z","date_created":"2024-12-11T20:15:16.925664Z","score":{"bm25":25.837809}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":null,"cites":[],"download_url":"https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/E-SIGNED-M2024-0558-CCA-PETTIE.pdf","id":10758570,"joined_by_ids":[],"local_path":"pdf/2024/12/11/state_of_tennessee_v._bobby_daniel_pettie.pdf","meta":{"timestamp":"2025-07-03T19:34:37.526974Z","date_created":"2024-12-11T20:15:16.933571Z"},"ordering_key":null,"per_curiam":false,"sha1":"b2d786c978a7df551ba99e49d60d458702960bcb","snippet":"                                                                                         12/11/2024\n\n        IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE\n                         AT NASHVILLE\n                        Assigned on Briefs December 10, 2024\n\n             STATE OF TENNESSEE v. BOBBY DANIEL PETTIE\n\n                  Appeal from the Circuit Court for Bedford County\n                      No. 17678 Forest A. Durard, Jr., Judge\n                      ___________________________________\n\n  ","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[10758570],"source":"C","status":"Published","suitNature":"","syllabus":"A Bedford County jury found the Defendant, Bobby Daniel Pettie, guilty of possession of a firearm with the intent to go armed during the commission of a dangerous felony, among other offenses. The court then imposed a six-year sentence for this conviction after implicitly finding that the Defendant had a qualifying prior felony conviction. Thereafter, the Defendant sought to have his sentence declared illegal pursuant to Tennessee Rule of Criminal Procedure 36.1, arguing that the jury did not find that he had a qualifying prior felony conviction. The trial court denied the motion, finding that the Defendant waived the jury's determination of the issue. The Defendant appealed to this court. Upon our review, we respectfully affirm the judgment of the trial court."},{"absolute_url":"/opinion/2567477/in-the-matter-of-general-determination-of-rights-to-the-use-of-water/","attorney":"Denise A. Dragoo, Seott C. Rosevear, Salt Lake City, for appellants., Mark L. Shurtleff, Att'y Gen., Norman K. Johnson, L. Ward Wagstaff, Mark H. Strat-ford, Asst. Att'ys Gen., Salt Lake City, for appellee.","caseName":"In the Matter of General Determination of Rights to the Use of Water","caseNameFull":"In the Matter of the GENERAL DETERMINATION OF RIGHTS TO the USE OF WATER, Both Surface and Underground, Within the Drainage Area of the Price River and of the Drainage Area of the Green River From the Confluence of the Price and Green Rivers to the Confluence of the Green and Colorado Rivers Excluding the Drainage Area of the San Rafael River in Utah. Penta Creeks, LLC, and Magnificent Seven, LLC, Appellants, v. Jerry D. Olds, Utah State Engineer, Appellee","citation":["2008 UT 25","182 P.3d 362","600 Utah Adv. Rep. 9","2008 Utah LEXIS 54","2008 WL 746608"],"citeCount":2,"cluster_id":2567477,"court":"Utah Supreme Court","court_citation_string":"Utah","court_id":"utah","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2008-03-21","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"20060234","docket_id":2433178,"judge":"Nehring, Durham, Wilkins, Durrant, Parrish, Nehring'S","lexisCite":"","meta":{"timestamp":"2024-06-21T13:01:55.838073Z","date_created":"2014-10-31T00:01:39.636686Z","score":{"bm25":25.682415}},"neutralCite":"2008 UT 25","non_participating_judge_ids":[],"opinions":[{"author_id":5866,"cites":[2547313,2599558],"download_url":null,"id":2567477,"joined_by_ids":[],"local_path":null,"meta":{"timestamp":"2025-10-24T20:46:06.184672Z","date_created":"2013-10-30T10:27:55.980002Z"},"ordering_key":null,"per_curiam":false,"sha1":"2768060e7a8f1deb7c779d13af1bec202b35751a","snippet":"\n2008 UT 25\nIn the Matter of the General Determination of Rights to the Use of Water, Both Surface and Underground, Within the Drainage Area of the Price River and of the Drainage Area of the Green River From the Confluence of the Price and Green Rivers to the Confluence of the Green and Colorado Rivers Excluding the Drainage Area of the San Rafael River in Utah.\nPenta Creeks, LLC, and Magnificent Seven, LLC, Appellants,\nv.\nJerry D. Olds, Utah","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[2567477],"source":"LU","status":"Published","suitNature":"","syllabus":""},{"absolute_url":"/opinion/10292224/state-of-tennessee-v-bobby-daniel-pettie/","attorney":"","caseName":"State of Tennessee v. Bobby Daniel Pettie","caseNameFull":"","citation":[],"citeCount":0,"cluster_id":10292224,"court":"Court of Criminal Appeals of Tennessee","court_citation_string":"Tenn. Crim. App.","court_id":"tenncrimapp","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2024-12-11","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"M2024-00558-CCA-R3-CD","docket_id":69457312,"judge":"Judge Tom Greenholtz","lexisCite":"","meta":{"timestamp":"2024-12-12T16:39:40.863859Z","date_created":"2024-12-12T16:14:04.918103Z","score":{"bm25":25.541489}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":null,"cites":[],"download_url":"https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/E-SIGNED-M2024-0558-CCA-PETTIE%20%282%29.pdf","id":10758812,"joined_by_ids":[],"local_path":"pdf/2024/12/11/state_of_tennessee_v._bobby_daniel_pettie_1.pdf","meta":{"timestamp":"2025-10-24T02:32:15.132977Z","date_created":"2024-12-12T16:14:04.924642Z"},"ordering_key":null,"per_curiam":false,"sha1":"9406b108a1e5973296fb912af3f38d524d3de9ca","snippet":"                                                                                         12/11/2024\n\n        IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE\n                         AT NASHVILLE\n                        Assigned on Briefs December 10, 2024\n\n             STATE OF TENNESSEE v. BOBBY DANIEL PETTIE\n\n                  Appeal from the Circuit Court for Bedford County\n                      No. 17678 Forest A. Durard, Jr., Judge\n                      ___________________________________\n\n  ","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[10758812],"source":"C","status":"Published","suitNature":"","syllabus":"A Bedford County jury found the Defendant, Bobby Daniel Pettie, guilty of possession of a firearm with the intent to go armed during the commission of a dangerous felony, among other offenses. The court then imposed a six-year sentence for this conviction after implicitly finding that the Defendant had a qualifying prior felony conviction. Thereafter, the Defendant sought to have his sentence declared illegal pursuant to Tennessee Rule of Criminal Procedure 36.1, arguing that the jury did not find that he had a qualifying prior felony conviction. The trial court denied the motion, finding that the Defendant waived the jury's determination of the issue. The Defendant appealed to this court. Upon our review, we respectfully affirm the judgment of the trial court."},{"absolute_url":"/opinion/10315225/state-of-tennessee-v-james-lee-simmons-jr/","attorney":"","caseName":"State of Tennessee v. James Lee Simmons, Jr.","caseNameFull":"","citation":[],"citeCount":0,"cluster_id":10315225,"court":"Court of Criminal Appeals of Tennessee","court_citation_string":"Tenn. Crim. App.","court_id":"tenncrimapp","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2025-01-16","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"W2024-00404-CCA-R3-CD","docket_id":69552802,"judge":"Judge Robert L. Holloway, Jr.","lexisCite":"","meta":{"timestamp":"2025-01-16T21:16:27.492958Z","date_created":"2025-01-16T21:16:27.427459Z","score":{"bm25":25.455378}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":8285,"cites":[1077285,1083155],"download_url":"https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/SimmonsJamesLeeJrOPN.pdf","id":10781813,"joined_by_ids":[],"local_path":"pdf/2025/01/16/state_of_tennessee_v._james_lee_simmons_jr..pdf","meta":{"timestamp":"2025-10-27T19:00:57.000398Z","date_created":"2025-01-16T21:16:27.439609Z"},"ordering_key":null,"per_curiam":false,"sha1":"e8d9628422e23e66f5c26a2bd90d7c0c18b4a9cb","snippet":"                                                                                         01/16/2025\n        IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE\n                          AT JACKSON\n                        Assigned on Briefs December 3, 2024\n\n           STATE OF TENNESSEE v. JAMES LEE SIMMONS, JR.\n\n                 Appeal from the Circuit Court for Madison County\n                     No. 23-423B     Joseph T. Howell, Judge\n                     ___________________________________\n\n      ","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[10781813],"source":"C","status":"Published","suitNature":"","syllabus":"James Lee Simmons, Jr., Defendant, pleaded guilty to possession of 0.5 grams or more of methamphetamine with intent to sell, possession of drug paraphernalia, violation of the registration law, and resisting arrest. Pursuant to a plea agreement, the manner of service of Defendant's nine-year sentence was to be determined by the trial court. Following a sentencing hearing, the court ordered the sentence to be served in confinement. Defendant appeals arguing that the trial court erred in denying him probation. Discerning no error, we affirm the judgments of the trial court."},{"absolute_url":"/opinion/10326885/state-of-tennessee-v-david-kaiser/","attorney":"","caseName":"State of Tennessee v. David Kaiser","caseNameFull":"","citation":[],"citeCount":0,"cluster_id":10326885,"court":"Court of Criminal Appeals of Tennessee","court_citation_string":"Tenn. Crim. App.","court_id":"tenncrimapp","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2025-02-04","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"E2024-00606-CCA-R3-CD","docket_id":69609096,"judge":"Judge Robert H. Montgomery, Jr.","lexisCite":"","meta":{"timestamp":"2025-02-04T17:17:08.132256Z","date_created":"2025-02-04T17:17:08.073324Z","score":{"bm25":25.40804}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":8287,"cites":[1043920,1043936,1082668,1498927,1529653,1651558,1717810,1740283,1959818,2385231,2431025,4217773],"download_url":"https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%202025-02-04%20-%20State%20of%20Tennessee%20v.%20David%20Kaiser%20-%20E2024-00606-CCA-R3-CD.pdf","id":10793473,"joined_by_ids":[],"local_path":"pdf/2025/02/04/state_of_tennessee_v._david_kaiser.pdf","meta":{"timestamp":"2025-10-24T02:39:50.851578Z","date_created":"2025-02-04T17:17:08.085365Z"},"ordering_key":null,"per_curiam":false,"sha1":"e4bddba5b8c5383a25629cb230a6468026ff6672","snippet":"                                                                                           02/04/2025\n        IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE\n                         AT KNOXVILLE\n                         Assigned on Briefs January 29, 2025\n\n                   STATE OF TENNESSEE v. DAVID KAISER\n\n                  Appeal from the Criminal Court for Knox County\n                       No. 127056 Steven W. Sword, Judge\n\n\n                             No. E2024-00606-CCA-R3-CD\n\n\nThe Defe","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[10793473],"source":"C","status":"Published","suitNature":"","syllabus":"The Defendant, David Kaiser, appeals from his guilty pleaded convictions for two countsof theft of property valued at $10,000 or more but less than $60,000, a Class C felony;burglary, a Class D felony; theft of property valued at $2,500 or more but less than $10,000,a Class D felony; and misdemeanor drug possession, a Class A misdemeanor. See T.C.A.§§ 39-14-103 (2018) (theft of property); 39-14-105 (2018) (grading of theft); 39-13-1002(Supp. 2021) (burglary); 39-17-418 (2018) (misdemeanor drug possession). TheDefendant agreed to an effective ten-year sentence as a Range II offender, with the mannerof service to be determined by the trial court. On appeal, the Defendant contends that thecourt erred by denying his request for alternative sentencing. We affirm the judgments ofthe trial court."},{"absolute_url":"/opinion/10295594/state-of-tennessee-v-charles-ivie-porter/","attorney":"","caseName":"State of Tennessee v. Charles Ivie Porter","caseNameFull":"","citation":[],"citeCount":0,"cluster_id":10295594,"court":"Court of Criminal Appeals of Tennessee","court_citation_string":"Tenn. Crim. App.","court_id":"tenncrimapp","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2024-12-17","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"M2023-01538-CCA-R3-CD","docket_id":69475210,"judge":"Judge Timothy L. Easter","lexisCite":"","meta":{"timestamp":"2024-12-17T21:13:28.171378Z","date_created":"2024-12-17T21:13:28.104443Z","score":{"bm25":25.336226}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":8283,"cites":[],"download_url":"https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/E-SIGNED-M2023-1538-CCA-PORTER.pdf","id":10762182,"joined_by_ids":[],"local_path":"pdf/2024/12/17/state_of_tennessee_v._charles_ivie_porter.pdf","meta":{"timestamp":"2025-10-27T18:55:03.918061Z","date_created":"2024-12-17T21:13:28.118353Z"},"ordering_key":null,"per_curiam":false,"sha1":"eb82aef1e16eb4a2417c872a68daf6bce682a5f5","snippet":"                                                                                          12/17/2024\n        IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE\n                         AT NASHVILLE\n                        Assigned on Briefs November 19, 2024\n\n             STATE OF TENNESSEE v. CHARLES IVIE PORTER\n\n                 Appeal from the Criminal Court for Macon County\n            Nos. 2023-CR-111; 2023-CR-120        Brody N. Kane, Judge\n                      ________________________________","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[10762182],"source":"C","status":"Published","suitNature":"","syllabus":"After the denial of a motion to suppress, Charles Ivie Porter, Defendant, pled guilty to two counts of possession of methamphetamine with the intent to sell in exchange for the dismissal of seven additional drug charges in two separate cases. He received an effective sentence of twelve years in incarceration. Pursuant to the plea agreement, the parties reserved a certified question of law for appeal under Tennessee Rule of Criminal Procedure 37(b)(2). After a review, we determine that we do not have jurisdiction to address the certified question because it does not meet the requirements of Rule 37(b)(2) and State v. Preston, 759 S.W.2d 647 (Tenn. 1988). Therefore, we dismiss the appeal."},{"absolute_url":"/opinion/9488791/state-of-tennessee-v-tina-batten/","attorney":"","caseName":"State of Tennessee v. Tina Batten","caseNameFull":"","citation":[],"citeCount":0,"cluster_id":9488791,"court":"Court of Appeals of Tennessee","court_citation_string":"Tenn. Ct. App.","court_id":"tennctapp","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2024-03-28","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"M2023-00323-CCA-R3-CD","docket_id":68384796,"judge":"","lexisCite":"","meta":{"timestamp":"2024-06-23T01:28:40.646059Z","date_created":"2024-03-28T15:15:03.039979Z","score":{"bm25":25.262367}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":null,"cites":[1082668,2385231],"download_url":"https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20M2023-00323-CCA-R3-CD.pdf","id":9955404,"joined_by_ids":[],"local_path":"pdf/2024/03/28/state_of_tennessee_v._tina_batten.pdf","meta":{"timestamp":"2025-10-27T08:33:47.286748Z","date_created":"2024-03-28T15:15:03.041977Z"},"ordering_key":null,"per_curiam":false,"sha1":"36bac36c410043bbfd4032baf8297bc776b18141","snippet":"                                                                                             03/28/2024\n        IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE\n                         AT NASHVILLE\n                           Assigned on Briefs March 13, 2024\n\n                    STATE OF TENNESSEE v. TINA BATTEN\n\n                 Appeal from the Circuit Court for Sequatchie County\n                    No. 2022-CR-78 Bradley Sherman, Judge\n                      ___________________________________\n\n ","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[9955404],"source":"C","status":"Published","suitNature":"","syllabus":"Tina Batten, Defendant, entered a best interest plea to aggravated assault and possession of a firearm while under the influence in exchange for a total effective sentence of five years with the length and manner of service of the sentence to be determined by the trial court. After a sentencing hearing, the trial court denied judicial diversion and ordered Defendant to a sentence of split confinement on the basis that granting diversion would depreciate the severity of the offenses and would have a detrimental effect on deterrence. Because the trial court failed to consider the proper factors in rendering its decision to deny diversion and failed to weigh those factors, we reverse and remand the case to the trial court for reconsideration. On remand, the trial court should utilize the factors set forth in Parker and Electroplating, weigh the factors against each other, and place an explanation of its ruling on the record."},{"absolute_url":"/opinion/9987865/state-of-tennessee-v-jeffrey-l-brousseau/","attorney":"","caseName":"State of Tennessee v. Jeffrey L. Brousseau","caseNameFull":"","citation":[],"citeCount":0,"cluster_id":9987865,"court":"Court of Criminal Appeals of Tennessee","court_citation_string":"Tenn. Crim. App.","court_id":"tenncrimapp","court_jurisdiction":null,"dateArgued":null,"dateFiled":"2024-07-02","dateReargued":null,"dateReargumentDenied":null,"docketNumber":"E2023-01432-CCA-R3-CD","docket_id":68910639,"judge":"","lexisCite":"","meta":{"timestamp":"2024-07-02T20:10:25.536387Z","date_created":"2024-07-02T20:10:25.472495Z","score":{"bm25":25.220026}},"neutralCite":"","non_participating_judge_ids":[],"opinions":[{"author_id":null,"cites":[1083155,1376486,1959818,2429516],"download_url":"https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%202024-07-02%20-%20State%20of%20Tennessee%20v.%20Jeffrey%20L.%20Brousseau%20-%20E2023-01432-CCA-R3-CD.pdf","id":10454474,"joined_by_ids":[],"local_path":"pdf/2024/07/02/state_of_tennessee_v._jeffrey_l._brousseau.pdf","meta":{"timestamp":"2025-10-27T17:31:44.162174Z","date_created":"2024-07-02T20:10:25.474221Z"},"ordering_key":null,"per_curiam":false,"sha1":"1a35c5c605288f609a9ab8d76467b102e9d17210","snippet":"                                                                                           07/02/2024\n\n        IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE\n                         AT KNOXVILLE\n                           Assigned on Briefs June 25, 2024\n\n            STATE OF TENNESSEE v. JEFFREY L. BROUSSEAU\n\n                 Appeal from the Criminal Court for Sullivan County\n                     No. S76570 James F. Goodwin, Jr., Judge\n\n\n                             No. E2023-01432-CCA-R3-CD\n\n\n","type":"combined-opinion"}],"panel_ids":[],"panel_names":[],"posture":"","procedural_history":"","scdb_id":"","sibling_ids":[10454474],"source":"C","status":"Published","suitNature":"","syllabus":"The Defendant, Jeffrey L. Brousseau, appeals from his guilty-pleaded convictions for possession with the intent to deliver or sell one-half gram or more of methamphetamine possession with the intent to deliver or sell marijuana theft of property valued at $1,000 or less driving while in possession of five grams of methamphetamine and driving on a suspended license. Pursuant to the terms of the plea agreement, the Defendant received an effective ten-year sentence, and the trial court was to determine the manner of service. The trial court subsequently denied the Defendant's request for alternative sentencing, a decision the Defendant now appeals. Following our review, we affirm the judgments of the trial court."}]}