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Recent Verdicts and Judgments
United States of America v. William Iraheta, et al.

This is an appeal of the district court’s grant of Gonzalez and Meraz-Garcia’s motions to suppress drugs obtained pursuant to an automobile search by police at a traffic stop. For the following reasons, we AFFIRM.1

1 This interlocutory appeal was brought by the United States on the grounds that it “could not proceed to trial without this evidence.” Thus, it appears that the indict ... More
   $0 (08-20-2014 - LA)

Denise Pleasant v. United States of America

In this Federal Tort Claims Act (“FTCA”) case, Plaintiffs-Appellants Denise Pleasant, Larvardis Whitman, and Chassiti Williams appeal the dismissal of their complaint against the Veterans Administration (“VA”). In their complaint, the plaintiffs assert wrongful-death and survival causes of action available under Louisiana law. The decedent, Nathan Chaney, died on May 13, 2006, in the emerg ... More   $0 (08-19-2014 - LA)

Thomas R. Okrie v. State of Michigan

Plaintiff, Thomas R. Okrie, commenced this original action petition to challenge the
constitutionality of 2013 Public Act 164 (PA 164).1 Plaintiff objects to the transfer of the Court
of Claims from the Ingham Circuit Court (the Thirtieth Circuit Court), where it has been housed
since 1978, to this Court, where appeals from the Court of Claims are also heard. Plaintiff
challenges t ... More
   $0 (08-19-2014 - MI)

United States of America v. Anthony Gadson

Anthony Gadson and Willie Wilson appeal their
convictions for conspiracy to distribute more than 500 grams
of cocaine, possession with intent to distribute controlled
substances, and possession of firearms in furtherance of their
conspiracy and possession of controlled substances. Wilson
also appeals his conviction for retaliation against a witness.
On appeal, they challeng ... More
   $0 (08-19-2014 - AK)

Alberto Martinez Molina v. Eric H. Holder, Jr.

A husband and wife, Mr. Alberto Martinez Molina and Ms. Cristina Ramirez
Rivera, are Mexican citizens subject to final orders of removal from the United States.
After an immigration judge declined to cancel their removal orders, Mr. Martinez and
Ms. Ramirez filed a motion to reopen based on ineffective representation of counsel.
With the motion, Mr. Martinez and Ms. Ramirez submitt ... More
   $0 (08-19-2014 - CO)

Adelina Garcia, et al. v. Tyson Foods, Inc.

A group of employees filed class and collective actions against Tyson
Foods, Inc., seeking unpaid wages for time spent on pre- and post-shift activities.
After the employees obtained a sizeable verdict and fee award,1 Tyson
unsuccessfully moved for judgment as a matter of law. On appeal, Tyson: (1)
challenges the judgment and denial of the motion for judgment as a matter of ... More
   $0 (08-19-2014 - KS)

Lanava Lansdale and Melinda Wood v. John Morgan

Lanava Lansdale and Melinda Wood v. John Morgan

COME NOW the Plaintiffs, Lanava Lansdale, individually, and Melinda Wood, individually, and for their cause of action against the Defendant, John Morgan, allege and states as follows:
1. That the Plaintiff, Lanava Lansdale, is a resident of Oklahoma City, Oklahoma County, State of Oklahoma; that the Plaintiff, Melinda Wood, is a resident ... More
   $1 (08-19-2014 - OK)

United States of America v. Ricky Lee Coleman, Jr.

NASHVILLE, TN - Ricky Lee Coleman, Jr., 41, of Antioch, Tennessee was sentenced on August 11, 2014, to 92 months in prison in connection with a scheme that defrauded more than 2,500 individuals, announced David Rivera, U.S. Attorney for the Middle District of Tennessee. Coleman’s sentence also includes 3 years of supervised release following his prison sentence and he was ordered to pay more th ... More   $0 (08-19-2014 - TN)

United States of America v. Eric Scott Russell

East St. Louis, IL - Eric Scott Russell, 48, of Carbondale, Illinois, pled guilty to a two-count superseding indictment, charging conspiracy to distribute crack cocaine and distribution of crack cocaine, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. The offenses occurred between 2012 and April 2013, in Williamson and Jackson Counties. Evid ... More   $0 (08-18-2014 - IL)

United State of America v. Javier Flores Mendez

RICHMOND, Va. – Javier Flores Mendez, 24, of Tenancingo, Mexico, pleaded guilty today to sex trafficking a 16-year-old girl and transporting her into the United States for prostitution.

Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Clark E. Settles, Special Agent in Charge for U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations ( ... More
   $0 (08-18-2014 - va)

United State of America v. Sierra Danyelle Halsey

NORFOLK, Va. – Sierra Danyelle Halsey, 23, of Suffolk, Virginia, was sentenced today to 15 years in prison, followed by lifetime supervised release, for production of child pornography and obstruction of justice.

Dana J. Boente, United States Attorney for the Eastern District of Virginia, and Clark Settles, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s (ICE) Home ... More
   $0 (08-18-2014 - VA)

Sea River Properties, LLC v. Loren E. Parks

Plaintiff Sea River and defendant Parks own adjoining
parcels of land on the central Oregon coast near Nedonna
Beach just south of the Nehalem River. Between the 1920s
and the 1990s, after the United States government built two
jetties to contain the Nehalem River, the ocean and wind
deposited sand and silt onto the upland, creating approximately
40 acres of land west of th ... More
   $0 (08-18-2014 - )

San Diego Gas & Electric Company v. Arnold J. Schmidt

Plaintiff San Diego Gas & Electric Company (SDG&E) initiated this eminent domain proceeding to condemn an easement for electric transmission lines across the property of defendants Arnold and Valerie Schmidt and Luis Naranjo (collectively defendants) after the parties could not agree on an appropriate valuation for the property. Agreeing with defendants' experts that an open-pit mining operation w ... More   $0 (08-17-2014 - )

Christopher L. Gay and Steven L. Carroll v. The City of Wichita Falls, Texas

Christopher L. Gay and Steven L. Carroll challenge the trial court’s order granting the City of Wichita Falls’ plea to the jurisdiction based on governmental immunity. The underlying controversy arises from the denial of Gay’s and Carroll’s claims for long-term disability benefits under insurance provided to them by their former employer, the City of Wichita Falls. Because we conclude that ... More   $0 (08-16-2014 - TX)

Appaloosa Development, LP and Lubbock Water Rampage v. City of Lubbock, Texas

Appellants, Appaloosa Development, LP, and Lubbock Water Rampage, LLC (collectively, “Appaloosa”), appeal a final judgment following a bench trial in which the trial court concluded that Appaloosa take nothing by their inverse condemnation suit. We will affirm.
Factual and Procedural Background
Appaloosa Development, LP, is a Texas limited partnership that was formed for the prim ... More
   $0 (08-16-2014 - TX)

United States of America v. Terry Kretz

NASHVILLE, TN – Terry Kretz, 61, of Gallatin, Tenn. and the former CEO of Hanover Corporation, was sentenced today by U.S. District Judge Todd J. Campbell to 168 months in prison, followed by three years of supervised release, for orchestrating an $18 million Ponzi scheme, announced David Rivera, U.S. Attorney for the Middle District of Tennessee. Judge Campbell also ordered Kretz to pay $14,7 ... More   $0 (08-15-2014 - TN)

In re CHRISTOPHER M., a Person Coming Under the Juvenile Court Law.

Christopher M., Sr., (father) appeals from the order adjudicating his son, Christopher M., (Christopher) a dependent child pursuant to Welfare and Institutions Code section 300, subdivisions (b) and (g) and the ensuing disposition order.1 Father contends there was no substantial evidence to support jurisdiction based on father’s alleged conduct. We reverse and remand.
   $0 (08-15-2014 - CA)

In re Alexandria P., a Person Coming Under the Juvenile Court Law

This case involves the placement preferences set forth in the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.).1 At issue is whether the dependency court properly applied the ICWA in finding that the foster parents of an Indian child failed to prove good cause to deviate from the ICWA’s adoptive placement preferences.
A 17-month-old Indian child was removed from the custody of her ... More
   $0 (08-15-2014 - CA)

Janice Dudley, et al. v. Nettie Johnson and Joseph Conwright

In this Harrison County land title dispute between two neighboring families connected by a marriage, the original title to the disputed 7.23 acres was within the Conwright family, yet there was some evidence that the tract had been used from time to time by various members of the Johnson family other than the Johnson family claimants. After a bench trial, the trial court ruled that, because the Jo ... More   $0 (08-15-2014 - TX)

State of Arizona v. Brandon Carl McCabe

The State of Arizona charged Brandon McCabe with attempted first-degree murder, aggravated assault, misconduct involving weapons, criminal trespassing and resisting arrest in conjunction with a shooting incident in 2013 in which Phoenix police officer Peter "Chris" Bennett was shot.

The defenses asserted are not available. ... More
   $0 (08-15-2014 - AZ)

State of Oklahoma v. John Phillip Shubert

The State of Oklahoma charged John Phillip Shubert, age 40, with Second Degree Rape of a female under the age of 16 in violation of 21 O.S. 1116 which provides: Rape in the second degree a felony punishable by imprisonment in the State Penitentiary not less than one (1) year nor more than fifteen (15) years.

The State alleged that Defendant, age 40, had sex with a 15-year-old girl in Nove ... More
   $0 (08-15-2014 - OK)

United States of America v. Luis Michael Mendez and Wilkie Perez

Miami, FL - Two Miami, Florida, residents pleaded guilty this week to participating in a mortgage fraud scheme involving the sale of condominium units in the Miami area.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Nadine Gurley of the Department o ... More
   $0 (08-15-2014 - FL)

United States of America v. Daniel Bays

Miami, FL - Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Paul Reid, Special Agent in Charge, United States Secret Service (USSS), Miami Field Office, announce that U.S. District Judge Robert N. Scola sentenced Daniel Bays, 30, of ... More   $0 (08-15-2014 - FL)

Archer Market, LLC d/b/a Folks Urban Market and Pantry v. Andrew Blake Ewing, Engine Room, LLC, Phoenix Cafe, LLC, Joe Mo9mmas Pizza, LLC, White Flag, Fur Shop, LLA and Legends Dance Hall, LLC

Archer Market, LLC d/b/a Folks Urban Market and Pantry sued Andrew Blake Ewing, Engine Room, LLC, Phoenix Cafe, LLC, Joe Mommas Pizza, LLC, White Flag, Fur Shop, LLA and Legends Dance Hall, LLC on breach of contract and fraud theories alleging that Ewing diverted to other businesses at least $121,805 from a bank's $250,000 line of credit. The Petition filed by the Plaintiff also alleges that Ewing ... More   $0 (08-15-2014 - OK)

Michael Devine v. Adobe Systems, Inc. et al

Michael Devine, individually and on behalf of 64,000 employees of Adobe Systems, Inc., , Intel Corp., Lucasfilm, Ltd., Apple, Inc., Google, Inc., Pixar and Intuit, Inc. on a class action basis claiming that the defendants conspired to suppress wages in the tech industry in silicon valley with the result that they were damaged in the amount of $3 billion.

The attorneys for the parties agre ... More
   $0 (08-15-2014 - CA)

Leighton McComas v. William Gray, Preferred Business Systems, LLC

Leighton McComas v. William Gray and Preferred Business Systems, LLC

1. Plaintiff was a resident of Tulsa, Oklahoma, at all times material to the events described herein.
2. Defendant William Gray was a resident of Tulsa County, Oklahoma, at all times material to the events described herein.
3. The automobile accident that is the subject of this action occurred in Tulsa County, Ok ... More
   $1 (08-15-2014 - OK)

IME, by her next friend, G.E. v. DBS

Respondent, DBS, appeals by right the trial court’s decision to grant the request for a
personal protection order (PPO) by petitioner, IME, through her next friend, GE, who is her
father. Because we conclude there were no errors warranting relief, we affirm.
These events have their origin in a prior incident that occurred when respondent was just
12 years of ag ... More
   $0 (08-14-2014 - MI)

United States of America v. Jonathan Mendheim

KNOXVILLE, TN - Jonathan Mendheim, 35, of Indianapolis, Ind., was sentenced by the Honorable Leon Jordan, Senior U.S. District Judge, to serve 60 months in prison for receipt and possession of child pornography. Upon his release from prison he will be under supervised release for 20 years. Additionally, he was ordered to pay $3500 in restitution to the victims.

In January 2014, Mendheim p ... More
   $0 (08-14-2014 - TN)

The People v. Gene Estel McCurdy

A jury convicted defendant Gene Estel McCurdy of the first degree murder (Pen. Code, § 187, subd. (a)),1 kidnapping (§ 207, subd. (a)), and kidnapping with the purpose to commit a lewd act on a child under 14 years old (§ 207, subd. (b)) of Maria Piceno. The jury found true the special circumstance allegation of kidnapping murder. (§ 190.2, subd. (a)(17)(B).) The jury returned a verdict of dea ... More   $0 (08-14-2014 - CA)

The People v. Kelvyn Rondell Banks

Defendant Kelvyn Rondell Banks was convicted by a jury in 1998 of two counts of first degree murder (Pen. Code, § 187; all further statutory references are to the Penal Code unless otherwise indicated), one count of attempted murder (§§ 187, subd. (a), 664), one count of forcible rape (§ 261, subd. (a)(2)), one count of forcible oral copulation (§ 288a, subd. (c)), one count of first degree r ... More   $0 (08-14-2014 - CA)

The People v. Richard Tom

On a clear evening in February 2007, defendant Richard Tom broadsided at high speed a vehicle driven by Loraine Wong, who was making a left turn from Santa Clara Avenue onto Woodside Road in Redwood City. Wong‘s younger daughter, Sydney Ng, eight, was killed; her older daughter, Kendall Ng, 10, sustained serious injuries. The evidence at trial showed that defendant did not brake prior to the cra ... More   $0 (08-14-2014 - CA)

Scott Carlton v. Dr. Pepper Snapple Group, Inc.

In a second amended complaint (SAC), plaintiff and appellant Scott Carlton (Carlton) sued defendants and respondents (1) Dr. Pepper Snapple Group, Inc. (Dr. Pepper); (2) Mott’s LP (Mott’s); (3) Larry D. Young (Young); (4) Caesar Vargas (Vargas); and (5) Graham Bailey (Bailey). The causes of action included (a) wrongful termination against Dr. Pepper and Mott’s; (b) sex discrimination against ... More   $0 (08-14-2014 - CA)

City of Pasadena v. Mercury Casualty Company

During a windstorm in late November 2011, a tree owned by the City of Pasadena (City) fell on the residence of James O’Halloran. As a result of the damage caused to the house, the insurer Mercury Casualty Company (Mercury) paid benefits to O’Halloran pursuant to his homeowner’s insurance policy. Mercury then sued the City for inverse condemnation and nuisance based on the damages caused by t ... More   $0 (08-14-2014 - CA)

The People v. John Gilbert Deluca

Defendant, John Gilbert Deluca, appeals from his conviction for violating Penal Code section 290.011, subdivision (b).1 The trial court found true prior conviction allegations within the meaning of sections 667, subdivisions (b) through (i), 667.5, subdivision (b) and 1170.12. Defendant was sentenced to seven years, eight months in state prison. We affirm the judgment.
A transient sex offender ... More
   $0 (08-14-2014 - CA)

In re M.G., a Person Coming Under the Juvenile Court Law.

A petition under Welfare and Institutions Code section 602 charged appellant M.G. with felony carrying of a concealed firearm on his person. Following the juvenile court’s denial of his motion to suppress evidence, appellant entered an admission he committed the charged offense, but declined to stipulate the offense was a felony rather than a wobbler. The trial court found otherwise, declared a ... More   $0 (08-14-2014 - CA)

Leif James Putnam v. Mary F. Iverson and Gregory W. Abbott

Appellant Leif James Putnam appeals the grant of the appellees’ plea to the jurisdiction and the dismissal of his claims with prejudice. Because Putnam’s claims against appellees Mary Iverson and Attorney General Gregory W. Abbott in their official capacities1 are either moot or precluded by sovereign immunity, we
1 Appellee Iverson was sued in her official capacity as an “Authorized Age ... More
   $0 (08-14-2014 - TX)

Alan Petrie v. UDR Texas Properties, L.P. d/b/a The Gallery Apartments, United Dominion Realty Trust, Inc., ASR of Delaware, L.L.C. and UDR Western Residental, Inc.

In his first issue, Alan Petrie appeals the final judgment of the trial court which, after a pre-trial evidentiary hearing, found that UDR Texas Properties, L.P. d/b/a The Gallery Apartments, United Dominion Realty Trust, Inc., ASR of Delaware, L.L.C. and UDR Western Residential, Inc. (“Gallery”) owed no duty to Petrie to protect him from the criminal acts of third parties committed on its
... More
   $0 (08-14-2014 - TX)

Union Pacific Railroad Company v. William R. Nami

In this workplace safety case concerning West Nile virus-carrying mosquitoes, appellant Union Pacific Railroad Company challenges the jury's verdict in favor of appellee William R. Nami on his claim under the Federal Employers' Liability Act (FELA). See 45 U.S.C. § 51 (2006). By two issues, Union Pacific argues that: (1) the trial court
erred in denying its motion for judgment notwithst ... More
   $0 (08-14-2014 - TX)

In the interest of C.E.R. and A.J.R., children

In this suit affecting the parent-child relationship, the trial court appointed C.E.R. and A.J.R.’s father, Eddie Rodriguez, and their mother, Cynthia Ortiz, as their joint managing conservators. Among other things, the trial court ordered that Eddie would have the exclusive right to designate the primary residence of the children. In its written order, the trial court limited Cynthia’s visita ... More   $0 (08-14-2014 - TX)

Jamall Riddan Kennedy v. The State of Texas

A jury found Appellant Jamall Riddan Kennedy guilty of the offenses of
possession of cocaine and possession of heroin and assessed his punishment at sixty
years’ imprisonment as a habitual felon for each offense. This appeal ensued.
Motion to Suppress
In his first issue, Kennedy contends that the trial court abused its discretion in
denying his motion to suppress because the ... More
   $0 (08-14-2014 - TX)

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