Appellate Procedure Cases
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Appellate Procedure

Supreme Court of Rhode Island
Uncategorized

LandingPartners v. Shiva — Appeal Dismissed for Failure to File Transcript; Pro Se Appellant Cannot Avoid Rule 10(b)(1) Even When Challenging Rulings of Law

The Rhode Island Supreme Court dismissed a pro se appellant’s appeal from an order quashing a deposition subpoena and granting a protective order because the appellant deliberately failed to file the hearing transcript under Rule 10(b)(1). The Court addressed the narrow exception allowing transcript-free appeals on pure legal questions but found a one-page order saying only “for reasons stated on the record” insufficient to permit meaningful review.

Supreme Court of Rhode Island
Uncategorized

DeOliveira v. Trecaso — Trial Court Affirmed on All Eleven Error Claims; Deposition of Dismissed Defendant, Google Earth Photos, and Verdict Sheet Phrasing Each Upheld

The Rhode Island Supreme Court affirmed a defense verdict in a motor vehicle negligence case, rejecting all eleven error claims by the plaintiffs. Significant holdings address: the admissibility of a dismissed defendant’s video deposition under Rule 32; authentication of bare Google Earth photographs by lay witnesses with personal knowledge; the narrow scope of the empty chair doctrine as limited to identifiable available witnesses; and the adequacy of a verdict sheet that used “was negligent” language in a comparative fault framework.

Court of Appeals of Oregon
Uncategorized

State v. Escalante — Domestic Violence Convictions Reversed Because Trial Court Failed to Re-Read Constitutional Jury Instructions After Close of Evidence

The Oregon Court of Appeals reversed convictions for domestic violence strangulation and harassment because the trial court failed to reread constitutional jury instructions—including the presumption of innocence and proof beyond a reasonable doubt—as part of its oral charge to the jury at the close of evidence, applying State v. Shine, 375 Or 112 (2026), and holding the error was plain, not harmless, and warranted discretionary correction even without a trial-level objection.

Court of Appeals of Oregon
Uncategorized

State v. Bement — True-Life Sentence for First-Degree Murder Vacated Where Court Imposed Enhanced Sentence on Judicial Factfinding Alone

The Oregon Court of Appeals remanded for resentencing after holding that the trial court violated the Sixth Amendment by imposing a true-life sentence under ORS 163.107(2)(b) based solely on its own factual findings, confirming that a constitutionally valid LWOP sentence for first-degree murder requires jury-found enhancement facts submitted through the Blakely-remedy procedure of ORS 136.760–136.792.

North Carolina Court of Appeals
Uncategorized

Alston v. Jacox — Prescriptive Easement Over Decades-Old Pathway Upheld Even After Third-Party Permission Grant

The North Carolina Court of Appeals affirmed a prescriptive easement over a rural pathway that had been used for ingress and egress since the 1950s, holding that the required twenty-year period need not immediately precede the dispute and that an easement already vested by adverse use cannot be destroyed by a later permission grant to a third party.

Court of Appeals of Oregon
Uncategorized

Bong v. LaFontaine — Trial Court Erred by Denying Judge-Disqualification Motion Without Required Statutory Process

The Oregon Court of Appeals reversed the dismissal of a pro se mandamus petition, holding that the trial court erred by denying a motion to disqualify the assigned judge without any judge challenging the movant’s good faith — a prerequisite under ORS 14.260(1) before the motion may be denied.

Ohio Court of Appeals (First District)
Uncategorized

State v. Tate — First District holds consecutive firearm specifications imposed on same-transaction offenses are erroneous but not plain error

The First District held that imposing consecutive sentences on two firearm specifications was erroneous where the underlying felonies arose from the same act or transaction, but found no plain error because the defendant received an agreed sentence and failed to object below.

Ohio Court of Appeals (Fifth District)
Uncategorized

State v. Pegues — Fifth District reverses and remands for resentencing on allied offenses merger of aggravated vehicular assault and vehicular assault

The Fifth District reversed and remanded for resentencing, holding that aggravated vehicular assault (OVI-based) and vehicular assault (recklessness-based) are allied offenses of similar import that must merge under R.C. 2941.25 when committed against the same victim.

Uncategorized

Day v. Day — Appeals Court Reverses Custody Modification Made Without Required Change-in-Circumstances Finding

The Georgia Court of Appeals partially reversed a child custody modification order, holding that the trial court could not alter legal custody — including decision-making authority over religion and extracurricular activities — after expressly finding no material change in circumstances, while affirming changes to parenting time.

Texas Court of Appeals, Seventh District (Amarillo)
Uncategorized

Petrini v. Simon Group Consulting — Domesticating a California Judgment in Texas Does Not Give Texas Courts Jurisdiction Over Counterclaims Arising from Pre-Domestication California Conduct

The Seventh Court of Appeals held that a California company’s domestication of a default judgment in Texas does not confer specific personal jurisdiction for counterclaims arising from pre-domestication California conduct, and that remote employment of a Texas resident does not establish general jurisdiction over a nonresident defendant.

Uncategorized

State v. Jones — Court Affirms Transfer to Juvenile Court After State’s Ex Parte Extension Order Invalidated

The Georgia Court of Appeals affirmed the transfer of a juvenile murder case to juvenile court, holding that the State’s ex parte 90-day extension of the 180-day indictment deadline under OCGA section 17-7-50.1(a) was invalid because the State failed to provide notice, hold a hearing, or demonstrate good cause as the statute requires.

Ohio Court of Appeals (Twelfth District)
Uncategorized

State v. Lane — Court refuses to merge grand theft of vehicle and attempted theft of firearm found inside

The Twelfth District held that grand theft of a motor vehicle and attempted grand theft of a firearm found in the vehicle’s glove box are not allied offenses requiring merger, because the defendant’s act of removing the gun from the car and keeping it in her bedroom reflected a separate animus.

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