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Recent Verdicts and Judgements

Anthony James Robinson v. State of North Dakota

Anthony Robinson appeals from a district court order denying his application for post-conviction relief. In 2011 Robinson pled guilty to murder, a class AA felony, and was subsequently sentenced. In 2013 Robinson applied for post-conviction relief seeking to withdraw his guilty plea. After an evidentiary hearing, the district court denied his application. Robinson appealed arguing the district cou ... More $0 (06-30-2016 - ND)

Antonio Matthews v. State of North Dakota

Antonio Matthews appeals after the district court denied him post-conviction relief. Matthews argues he was entitled to post-conviction relief because his counsel was ineffective by failing to move for suppression of the evidence ... More $0 (06-30-2016 - ND)

Nathan Ratliff v. State of North Dakota

A jury found Nathan Ratliff guilty of robbery, burglary, aggravated assault, theft of property, and felonious restraint. We upheld Ratliff's conviction in State v. Ratliff, 2014 ND 156, 849 N.W.2d 183. Ratliff then filed an application for post-conviction relief in October 2014. Ratliff was appointed counsel, and counsel filed a supplemental application. The district court held a hearing and dismi ... More $0 (06-30-2016 - ND)

Marlin Lee Johnson v. State of North Dakota

Marlin Johnson appealed a district court order denying his application for post-conviction relief after he was sentenced to thirty months in prison for violating his probation. Johnson argues the district court erred in its findings and in denying his application because he received ineffective assistance of counsel due to his counsel's failure to call the victim as a witness, his counsel advised ... More $0 (06-30-2016 - ND)

Marlon Leon Comes v. State of North Dakota

Marlon Comes appealed from a district court order dismissing his application for post-conviction relief and order denying his motion for reconsideration. The district court dismissed Comes' application as untimely under N.D.C.C. § 29-32.1-01(2) because the two-year statute of limitations elapsed on his claim. Comes argues the newly discovered evidence exception applies under N.D.C.C. § 29-32.1-01( ... More $0 (06-30-2016 - ND)

Robert Duane Beeter v. State of North Dakota

Robert Beeter appeals a district court order denying his application for post-conviction relief. Beeter argues the district court erred in denying his application because his trial counsel's representation was ineffective. Specifically, he alleges his trial counsel did not provide him with discovery, did not pursue pretrial investigation, and did not adequately advise him so that he could make an ... More $0 (06-30-2016 - ND)

The People of the State of Colorado v. Victor Zuniga.

In this interlocutory appeal of the trial court’s order suppressing evidence
obtained as a result of a vehicle search, we consider whether the odor of marijuana can
contribute to a finding of probable cause even though, since 2012, possession of one
ounce or less of marijuana is allowed under Colorado law. We hold that the odor of
marijuana is relevant to the totality of the c ...
More $0 (06-30-2016 - CO)

STATE OF NEW MEXICO v. JOANN YAZZIE

The New Mexico Mandatory Financial Responsibility Act (MFRA), NMSA
4 1978, §§ 66-5-201 to -239 (1978, as amended through 2015), prohibits operation of
5 a motor vehicle without liability insurance or other proof of financial responsibility
6 and requires that proof of compliance be reported to the Motor Vehicle Division
7 (MVD) of the New Mexico Taxation and Revenue Department (th ...
More $0 (06-30-2016 - NM)

STATE OF NEW MEXICO v. ERIC MARQUEZ

In this case we again address whether shooting at or from a motor vehicle can
4 serve as a predicate for felony murder. We recognize that the collateral-felony rule
5 has generated confusion and hope to clarify its application in this opinion. Following
6 trial, the jury found Defendant Eric Marquez guilty of first-degree felony murder
7 contrary to NMSA 1978, Section 30-2-1(A)(2 ...
More $0 (06-30-2016 - NJ)

JASON WORCESTER v. SPRINGFIELD TERMINAL RAILWAY COMPANY

On October 6, 2011, Springfield reported a leak of
hydraulic fluid to the Maine Department of Environmental
Protection. At that time, the plaintiff, Worcester, was an
employee of Springfield. He became involved in a dispute with his
supervisor about the safety implications of cleaning up the spill
and was eventually fired. He then brought suit against Springfield
u ...
More $400,000 (06-30-2016 - ME)

JOSÉ A. RIVERA-RIVERA v. UNITED STATES OF AMERICA

Rivera and co-defendant Ramón Sánchez-Rosado were convicted
for taking approximately $9000 and other items from a lottery
ticket business at the Muñiz Gallery shopping mall after forcing
the mall manager, at gunpoint, to open the business's safe. See
Rivera-Rivera, 555 F.3d at 280-81. A jury found the defendants
guilty on all three counts charged: (1) aiding and abetting ...
More $0 (06-30-2016 - PR)

SIERRA CLUB v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT AMERICAN PETROLEUM INSTITUTE, ET AL., INTERVENORS

Until 1977, section 3 of the Natural Gas Act of 1938, Pub. L. No. 75-688, 52 Stat. 821, 822 (codified as amended at 15 U.S.C. § 717b), required the now-defunct Federal Power Commission (“FPC”) to approve any application to export natural gas to a foreign country unless the proposed export “will not be consistent with the public interest.” 15 U.S.C. § 717b(a);
3 see also id. § 717a(9). In 197 ...
More $0 (06-30-2016 - DC)

THE PEOPLE OF THE STATE OF NEW YORK v. DAVID MOORS

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered January 15, 2015, convicting defendant following a nonjury trial of the crime of aggravated cruelty to animals.
While on a hunting trip on his sister's property, defendant used a bow and arrow to shoot and kill Clara, the neighbors' family dog.1 As a result, defendant was charged with, among
1 Clara was ...
More $0 (06-30-2016 - NY)

THE PEOPLE OF THE STATE OF NEW YORK v. FRANCIS S. WATKINS

Appeal from judgment of the County Court of Washington County (McKeighan, J.), rendered March 14, 2013, convicting defendant upon his plea of guilty of the crimes of burglary in the second degree and grand larceny in the fourth degree.
Defendant pleaded guilty to an indictment charging him with burglary in the second degree and grand larceny in the fourth degree. During the plea proceedings, ...
More $0 (06-30-2016 - NY)

THE PEOPLE OF THE STATE OF NEW YORK v. TEJPAUL RUPNARINE

Appeal from a judgment of the Supreme Court (Milano, J.), rendered November 25, 2013 in Schenectady County, upon a verdict convicting defendant of the crimes of robbery in the second degree, unlawful imprisonment in the first degree, menacing in the second degree and criminal mischief in the fourth degree.
Defendant was indicted and charged with multiple crimes stemming from an incident in Jan ...
More $0 (06-30-2016 - NY)

THE PEOPLE OF THE STATE OF NEW YORK v. SCOTT MOREHOUSE

Appeal from a judgment of the County Court of Warren County (Hall Jr., J.), rendered October 9, 2013, convicting defendant upon his plea of guilty of the crime of criminal possession of stolen property in the fourth degree.
In 2011, defendant pleaded guilty to forgery in the second degree in full satisfaction of an eight-count indictment and executed a waiver of his right to appeal, and County ...
More $0 (06-30-2016 - NY)

THE PEOPLE OF THE STATE OF NEW YORK v. ERICK COCHRAN, Also Known as E-MURDER, Also Known as E.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered July 5, 2011, upon a verdict convicting defendant of the crimes of enterprise corruption, attempted criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree (two counts), conspiracy in the second degree and criminal sale of controlled subst ... More $0 (06-30-2016 - NY)

STATE OF NEW JERSEY VS. APOLLO H. CARDENAS

Tried by a jury, defendant Apollo H. Cardenas was convicted
of the first-degree murder of his wife, Youngsook Lee, N.J.S.A.
2C:11-3(a)(1) and N.J.S.A. 2C:11-3(a)(2), and third-degree
possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39
4(d). After denying defendant's motion for a new trial, the
judge sentenced him to life imprisonment with a thirty-year
peri ...
More $0 (06-30-2016 - NJ)

STATE OF NEW JERSEY VS. JAMES K. CAINES

In 1997, defendant was convicted of second-degree
conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1;
first-degree robbery, N.J.S.A. 2C:15-1; and felony murder,
N.J.S.A. 2C:11-3(a)(3). The judge merged the conspiracy and
robbery convictions with the felony-murder conviction.
The charges arose out of defendant's role in the robbery
and murder of a cab driver. ...
More $0 (06-30-2016 - NJ)

STATE OF NEW JERSEY VS. MARLISA LARICHE

On January 1, 2012, at around 4:30 a.m., Hanover Township
Police Officer Erick Magley observed another officer responding
to an automobile accident on Route 10 East. Magley saw
defendant standing outside a motor vehicle laying on its roof,
with blood on her lip and underneath her nose. Defendant
informed Magley that someone, whom she could not recall, had
been driv ...
More $0 (06-30-2016 - NJ)

STATE OF NEW JERSEY VS. TERRENCE L. INGRAHAM

Defendant Terrence Ingraham appeals from an order of the
trial court denying his post-conviction relief (PCR) petition.
We affirm. On April 20, 2006, a Union County Grand Jury
indicted defendant on seven counts of first degree robbery,
N.J.S.A. 2C:15-1; five counts of second degree possession of a
firearm for an unlawful purpose, N.J.S.A. 2C:39-4a; and five
counts o ...
More $0 (06-30-2016 - NJ)

STATE OF NEW JERSEY VS. RONALD F. CERUTI

Defendant Ronald F. Ceruti appeals from the denial of his
petition for post-conviction relief (PCR) without an evidentiary
hearing. On December 16, 2008, defendant pled guilty to two
counts of Burlington County Indictment No. 08-06-0687, charging
him with third-degree distribution of a controlled dangerous
substance (CDS), N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35
5(b ...
More $0 (06-30-2016 - NJ)

STATE OF NEW JERSEY VS. MALCOLM C. HAGANS

Defendant Malcolm C. Hagans appeals from a May 2, 2014
judgment of conviction for second-degree unlawful possession of
a handgun, N.J.S.A. 2C:39-5(b). Defendant moved to suppress the
seized firearm. When his motion was denied, defendant entered a
guilty plea pursuant to a negotiated agreement. The judge
accepted the plea and, thereafter, sentenced defendant to a
fi ...
More $0 (06-30-2016 - NJ)

STATE OF NEW JERSEY VS. BINH THACH

Defendant Binh Thach appeals from the dismissal of his
petition for post-conviction relief (PCR) following an
evidentiary hearing. He contends his plea counsel was
constitutionally deficient by failing to discover readily
available medical records suggesting defendant suffered from a
serious mental condition at the time he committed his crimes and
by failing to secur ...
More $0 (06-30-2016 - NJ)

United States of America v. Morris E. Zuckerman

New York, NY - Manhattan Energy Investor Pleads Guilty To Tax Fraud Schemes Involving Evasion Of Over $45 Million Of Income And Other Taxes

Defendant Admits Hiding From the IRS the $130 Million Sale Of a Petroleum Products Company He Owned, Using H
is Attorneys To Provide False Information To IRS During Subsequent Audit, and Filing Dozens of False Tax Returns with IRS

Morris ...
More $0 (06-29-2016 - NY)

George Farquar v. Volkswagen Group of America, Inc. et al

Washington, D.C. - Deputy Attorney General Sally Q. Yates Delivers Remarks at Press Conference Announcing $14.7 Billion Volkswagen Settlements

Good morning and thank you for being here.

I’m pleased to be joined by Environmental Protection Agency (EPA) Administrator Gina McCarthy and Chairwoman Edith Ramirez of the Federal Trade Commission (FTC), as well as Assistant Attorney Gene ...
More $14,700,000,000 (06-29-2016 - DC)

STATE OF NEW JERSEY v. LIXANDRA HERNANDEZ and JOSE G. SANCHEZ

New Jersey provides a broad range of discovery to an
accused in a criminal case under Rule 3:13-3. This open-file
approach is intended to ensure fair and just trials. Here, the
issue is not whether defendants have a right to discovery of the
prosecutor’s file in their case, but whether they have a right
to discovery of the files in unrelated cases involving the same
...
More $0 (06-29-2016 - NJ)

Terrance K. Jackson vs State of Florida

In this postconviction appeal, appellant claims that the trial court committed
reversible error in (1) denying appellant’s motion for a competency evaluation after
the evidentiary hearing; and (2) denying appellant’s requests to amend his
postconviction motion by adding a double jeopardy claim. We affirm as to
appellant’s first claim without discussion. However, because the s ...
More $0 (06-29-2016 - FL)

Cedric Tate vs State of Florida

Appellant, Cedric Tate, challenges his judgment and two consecutive
mandatory minimum sentences for one count of second degree murder and one count
of a convicted felon in possession of a firearm, arising from a single criminal
episode. We affirm the conviction without comment, but reverse the sentences
pursuant to Williams v. State, 186 So. 3d 989 (Fla. 2016).
At Appellan ...
More $0 (06-29-2016 - FL)

David Leon Lashley vs State of Florida

David Leon Lashley, Appellant, was convicted by a jury of improper use of
a computer service to solicit a minor contrary to section 847.0135(3)(a), Florida
Statutes (2011); unlawful use of a two-way communications device to further the
commission of a felony contrary to section 934.215; traveling to meet a person
believed to be a minor after using a computer device capable of ...
More $0 (06-29-2016 - FL)

Brandon Lovice Acker vs State of Florida

Appellant was convicted of first-degree murder, attempted first-degree
murder, and possession of a firearm by a convicted felon. He appeals his
convictions and sentence. We affirm the convictions without discussion, but we
reverse and remand for resentencing consistent with Williams v. State, 186 So. 3d
989 (Fla. 2016).
At the time of sentencing, the trial court was bound ...
More $0 (06-29-2016 - Br)

Eric Riva Muturi vs State of Florida

Appellant challenges his judgments and sentences for six offenses, raising
seven issues that concern the sufficiency of the evidence and sentencing. We find that only issue six has merit and requires resentencing. In Williams v. State, 186
So. 3d 989 (Fla. 2016), the Florida Supreme Court held that the 10-20-Life statute,
section 775.087(2)(d), Florida Statutes, permits consecuti ...
More $0 (06-29-2016 - FL)

CURTIS T. JOHNSON v. STATE OF FLORIDA

Curtis T. Johnson appeals his judgment and sentences for burglary of a dwelling with assault while armed with a firearm and two counts of robbery with a firearm. We affirm the judgment and sentences without comment, but we remand for entry of a written competency order, nunc pro tunc, to reflect the trial court's oral finding that Johnson was competent to proceed. ... More $0 (06-29-2016 - FL)

Franklin Bain vs. The State of Florida

The defendant, Franklin Bain, challenges his convictions and sentences for
armed sexual battery and false imprisonment while in possession of a deadly
weapon, arguing that the trial court failed to conduct an adequate Faretta1 hearing
before allowing him to discharge his attorney and proceed pro se. Based on the
record, which reflects that the trial court conducted a very thor ...
More $0 (06-29-2016 - FL)

Arturo Godinez v. State of Florida

We grant the State’s motion for clarification, withdraw our previous opinion, and substitute the following opinion in its place.
Arturo Godinez petitions for habeas corpus relief on two alternative grounds. First, he argues that our affirmance of his racketeering conviction on direct appeal is inconsistent with our subsequent reversal of his co-defendant’s conviction. Alternatively, he al ...
More $0 (06-29-2016 - FL)

Jeffrey Burch v. State of Florida

The state formally charged Burch by information with aggravated assault with a firearm, child abuse, and domestic battery. As part of his pre-trial release, the defendant was ordered to surrender any firearms, ammunition, and any concealed weapons permits to the nearest police department. The state subsequently filed an amended information charging Burch with aggravated assault with a firearm (C ... More $0 (06-29-2016 - FL)

Antonio Jermaine Presley v. State of Florida*

Appellant was charged by information with eight crimes in three separate cases. In November 2012, appellant pled no contest to all his charges and agreed to perform substantial assistance, with the understanding that he would receive a minimum sentence of five years in prison regardless of how well he performed. The state informed appellant that it might seek an enhanced sentence and that the ma ... More $0 (06-29-2016 - FL)

Joseph Patrick Dimaio, Sr., v. State of Florida*

Appellant Joseph Dimaio appeals from the order revoking his probation and sentencing him to an eight-year prison sentence. Because the trial court’s finding that Dimaio committed a willful and substantial violation of his probation is not supported by competent substantial evidence, we reverse.
In October 2011, the trial court sentenced Dimaio to ten years of probation for second-degree gra ...
More $0 (06-29-2016 - FL)

Joseph Brown, III v. State of Florida*

The defendant appeals after his convictions for burglary of an occupied dwelling, third degree grand theft, and resisting an officer without violence. The defendant argues that the trial court erred in denying his motion for judgment of acquittal on the resisting without violence charge. We agree with the defendant that insufficient evidence existed to prove he knew of the police’s intent to det ... More $0 (06-29-2016 - FL)

Moses McCray v. State of Florida*

The defendant appeals from his convictions on one count of aggravated assault with a firearm on a law enforcement officer, three counts of aggravated assault with a deadly weapon on a law enforcement officer, and one count of possession of a firearm by a convicted felon. The defendant primarily argues that, after he exhausted his peremptory strikes, the trial court erred in denying his motion to ... More $0 (06-29-2016 - FL)
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