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Defendant was not entitled to lesser-included offense instruction where there was no set of facts that would permit acquittal on the charged offense but could support conviction on a lesser-included offense.
Court Holds Prior Pending Action Doctrine Not Applicable
Defendant moved for a reduced sentence under the sentencing guideline's newly issued "zero point" amendment but court found defendant's original sentence was below his new sentencing guideline range. Motion denied.
Plaintiff sought declaratory relief based on an alleged settlement agreement and court found defendant did not expressly authorize its lawyers to settle the case under terms defined in a March 10, 2020 settlement agreement and there was no meeting of the minds and no contract. Judgment for defendant.
Appellant challenged the court's order entering judgment in favor of appellee home ownership association in an eviction matter. The court concluded that even where appellant was proceeding pro se, he effectively waived all issues on appeal where ex parte letters he submitted to the court satisfied neither the procedural nor the substantive requirements of a post-trial motion or concise statement of errors complained of on appeal.
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Court Grants Motion to Dismiss Conversion and Statutory Theft Claims
A criminal defendant, who challenged his guilty-plea conviction on appeal, failed to prove to the court that he was entitled to relief.
The trial court granted appellees' plea to the jurisdiction and dismissed this case involving a dispute over proceeds from oil and gas leases.
Appellants Diaz and Perez-Marrufo, two Bario Azteca sicarios, were among thirty-five defendants charged for the murders of a U.S. Consulate employee, that employee's husband, and the husband of another U.S. Consulate employee.
Defendant landlord sought summary judgment in plaintiff residential tenant's action for damages suffered after a fire at her rented home. The court granted summary judgment in defendant's favor on plaintiff's breach of contract and negligence claims but denied summary judgment as to plaintiff's claim alleging wrongful retention of her security deposit.
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