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Recent Verdicts and Judgments
Dr. Bruce Prescott, et al. v. Oklahoma Capitol Preservation Commission

COME NOW, Bruce Prescott, James Huff, Donald Chabot, and Cheryl Franklin, Plaintiffs herein, by and through their attorneys of record, Brady R. Henderson and Ryan Kjesel of the American Civil Liberties Union of Oklahoma Foundation, and hereby petition this Honorable Court to temporarily and permanently enjoin the Oklahoma Capitol Preservation Commission from continuing to permit the placement and ... More   $0 (09-19-2014 - OK)

United States of America v. Steven Edward Robb

ABILENE, Texas — Steven Edward Robb, 59, of Abilene, Texas, was sentenced by U.S. District Judge Jorge A. Solis to 168 months in federal prison, following his guilty plea in April 2014 to one count of receipt of child pornography. U.S. Attorney Sarah R. Saldaña of the Northern District of Texas made the announcement today.

According to documents filed in the case, in July 2013, Robb kn ... More
   $0 (09-19-2014 - )

United States of America v. Frederick Hernandez

ABILENE, Texas — Former Correctional Officers at Big Spring Correctional Center (BSCC), in Big Spring, Texas, who pleaded guilty to federal charges stemming from a Department of Justice (DOJ) Office of the Inspector General (OIG) investigation that was initiated when an inmate committed suicide in the facility two years ago while they were on duty, were sentenced today, announced U.S. Attorney S ... More   $0 (09-19-2014 - TX)

United States of America v. James Allen Baimbridge

LUBBOCK, Texas — A convicted felon who led police on a high-speed chase through San Angelo, Texas, earlier this year, was sentenced this morning, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

James Allen Baimbridge, 31, of San Angelo, was sentenced by U.S. District Judge Sam R. Cummings to 63 months in federal prison. Baimbridge pleaded guilty in June 2014 ... More
   $0 (09-19-2014 - TX)

Gerald Lynn Clark and Jo Ann Clark v. Titus County, Texas

Titus County plans to construct a highway through the middle of 21.02 acres of land owned by Gerald Lynn Clark and Jo Ann Clark and, to accomplish its plan, is pursuing condemnation of a 6.193-acre strip that would leave the Clarks with two separated remnant tracts. The appeal before us concerns the value of the taking and comes from a summary judgment in favor of the County. We reverse the summar ... More   $0 (09-19-2014 - TX)

William R. and Susan M. Knoderer v. State Farm Lloyds, Penni Perkins and Tom Roberts

In this case, both sides—William R. Knoderer and wife, Susan M. Knoderer, as plaintiffs (collectively, the Knoderers), and State Farm Lloyds, Penni Perkins, and Tom Roberts, as defendants (collectively, State Farm)—have gone to remarkable lengths in fighting an insurance dispute over a house flooded by a leak in its plumbing system. The record reveals voluminous discovery, the substantial use ... More   $0 (09-19-2014 - OK)

Trent Walton v. Midland Mira Vista Homeowners' Association a/k/a Mira Vista Homeowners' Association

Trent Walton appeals the trial court’s order denying his plea to the jurisdiction, the trial court’s order denying in part his motion for partial summary judgment, and the trial court’s order granting in part the motion for summary judgment of Midland Mira Vista Homeowners’ Association a/k/a Mira Vista Homeowners’ Association. We affirm.
2
I. Background Facts
This appeal invo ... More
   $0 (09-18-2014 - TX)

Gerald K. Johnson v. Frederick M. Evans and Christine G. Evans

Gerald K. Johnson, appearing pro se, appeals the trial court’s judgment denying his request for partition of a 45.59 acre tract and a permanent injunction against Frederick M. Evans and Christine G. Evans. In ten issues, Johnson contends the trial court erred in its judgment. We affirm.
BACKGROUND
Several years before Johnson filed the underlying suit, the Evanses filed an action seeking ... More
   $0 (09-18-2014 - TX)

Quran Bryant, Stephen A. Barfield, and Grace Everett v. Dennis J. Cady, Ind. and as Trustee of the Dennis J. Cady Living Trust d/b/a Cady Enterprises

Certain executory contracts for conveyance of Texas real estate that is used or is to be used as the purchaser’s residence or the residence of certain relatives of the purchaser are statutorily regulated. See TEX. PROP. CODE ANN. §§ 5.061–.085 (West 2004 & Supp. 2014); see also Morton v. Nguyen, 412 S.W.3d 506, 507 (Tex. 2013). Sellers under covered contracts must, among other things, provid ... More   $0 (09-18-2014 - TX)

Donald R. Cain v. Progressive County Mutual Insurance Company

This is an appeal from a summary judgment dismissing the plaintiff’s claims against an insurer under an automobile insurance policy. The main issue is whether the insurance policy in effect at the time of the accident falls within the plain meaning of the term “renewal insurance policy” in sections 1952.101(c) and
1952.152(b) of the Texas Insurance Code. We conclude that it does and that ... More
   $0 (09-18-2014 - TX)

King Ranch, Inc. v. Juan Antonio Garcia, Gonzalo Chapa, Jr., and Carmen S. Chapa

This appeal arises from a dispute over a boundary line established in an 1891 Deed of Exchange between Henrietta M. King, predecessor-in-interest to appellant King Ranch, Inc., and Luciano Garcia, et al., predecessors-in-interest to appellees Juan Antonio Garcia, Gonzalo Chapa,
1 Justice Chapa would vote to request a response to the motion for rehearing.
04-13-00605-CV
Jr., and Carmen ... More
   $0 (09-18-2014 - )

Malladi Sudhakar Reddy, M.D. v. Dianna Lynn Veedell and Maury Veedell

A bicyclist was injured when she was struck by a car driven by a distracted doctor. Is her negligence claim against the doctor a “health care liability claim” under the Texas Medical Liability Act, requiring her to file an expert report to
2
establish that her claim is not frivolous? We conclude that it is not, and accordingly we affirm the trial court’s ruling denying the doctor’s ... More
   $0 (09-18-2014 - TX)

Lee Ann Wheelbarger v. City of El Lago and Richard Smith

This appeal arises from a claim by appellant Lee Ann Wheelbarger that the appellees, the City of El Lago and Richard Smith (sued in his official capacity only), violated her constitutional right to due process in determining that a condominium complex in which she owned a unit had been “substantially
2
damaged” by Hurricane Ike. She claimed that this determination, communicated in a le ... More
   $0 (09-18-2014 - TX)

BP Automotive LP d/b/a Bossier Dodge v. RML Waxahachie Dodge, L.L.C.; RML Waxahachie Ford, L.L.C.; RLJ-McLarty-Landers Automotive Holdings, L.L.C.; and RML Waxahachie GMC, L.L.C.

appeal arises out of an asset purchase agreement contemplating the sale of a car dealership’s assets. After the sale failed to close, the dealership sued the prospective buyer, alleging breach of contract and several other causes of action. The trial court granted the prospective buyer’s no-evidence and traditional motions for summary judgment, and denied the dealership’s traditional motion ... More   $0 (09-18-2014 - )

United States of America v. Rigoberto Alvarado

El Paso, TX - Barrio Azteca (BA) members and associates, including 41-year-old heroin supplier Rigoberto Alvarado of El Paso, are in custody charged with conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute announced United States Attorney Robert Pitman and Federal Bureau of Investigation Special Agent in Charge Douglas E. Lundquist, El Paso Division.

Toda ... More
   $0 (09-17-2014 - TX)

United Rentals, Inc. and United Rentals Northwest, Inc. v. Thomas T. Smith

Appellants seek reversal of the trial court’s order denying their motion to compel
arbitration against plaintiff and former employee Thomas Smith. We affirm.

BACKGROUND

Smith alleges that Appellant unlawfully terminated him on the basis of age during a
series of workforce reduction layoffs that targeted only older employees. Smith further alleges
that he refused to ... More
   $0 (09-17-2014 - TX)

In the Interest of A.M., B.M., and E.M., Children

Appellant Henry M. appeals the trial court’s termination of his parental rights to his children A.M., B.M., and E.M. The trial court determined Appellant constructively abandoned his children and failed to comply with his court-ordered service plan. See TEX. FAM. CODE ANN. § 161.001(1)(N), (O) (West 2014). The court also determined that terminating Appellant’s parental rights was in the child ... More   $0 (09-17-2014 - TX)

In the Interest and Protection of J.G.

Appellant J.G. sought to represent himself in a hearing on the State’s applications to temporarily commit him to a mental health care facility and to compel him to receive certain psychoactive medications. The trial judge denied J.G.’s request, proceeded with the hearing, and granted the State’s applications. Through court-appointed counsel, J.G. appeals the trial judge’s orders. We conclu ... More   $0 (09-17-2014 - TX)

Soorena Sharifi v. Sonia Danielle Sharifi

The parties have now filed a joint motion requesting that we reverse the
district court’s judgment and remand the cause for entry of judgment in accordance with
their Mediated Settlement Agreement. We grant the parties’ motion, set aside the district court’s
judgment without regard to the merits, and remand the case to the district court for rendition of
judgment in accordanc ... More
   $0 (09-17-2014 - TX)

Vehicle Market Research, Inc. v. Mitchell International, Inc.

This is a judicial estoppel case, which is controlled by two principles: our
reluctance to impose the harsh remedy of judicial estoppel, and the failure by the party
asserting judicial estoppel to bear its burden to point to clearly inconsistent statements in
support of its arguments.
The case involves statements made by plaintiff Vehicle Market Research, Inc.
(VMR) in a breach ... More
   $0 (09-17-2014 - KS)

United States of America v. Dereck Johnson

DALLAS, TX — A Dallas man who met a 15-year-old female run-away at a bus station, took her, and made her engage in sex acts for money, was sentenced this morning by U.S. District Judge David C. Godbey to 15 years in federal prison and a lifetime of supervised release. U.S. Attorney Sarah R. Saldaña of the Northern District of Texas made the announcement today.

In June 2014, Dereck John ... More
   $0 (09-15-2014 - TX)

United States of America v. Ronald Lewis Chavez

ALBUQUERQUE, NM – Ronald Lewis Chavez, 46, of Albuquerque, N.M., pleaded guilty today to possessing a firearm in furtherance of a drug trafficking crime charge. Under the terms of his plea agreement, Chavez will be sentenced to 12 years in federal prison followed by a term of not more than five years of supervised release.

Chavez was arrested on Jan. 27, 2014, based on a criminal compla ... More
   $0 (09-15-2014 - NM)

United States of America v. Billy J. Antrobus

WICHITA, KS - A Wichita man was sentenced Monday to two years federal prison for counterfeiting, U.S. Attorney Barry Grissom said.

Billy J. Antrobus, 25, Wichita, Kan., pleaded guilty to one count of manufacturing counterfeit currency. In his plea, he admitted he counterfeited four $50 bills, 27 $20 bills, five $100 bills, and four sheets of uncut $20 bills.

Co-defendants include ... More
   $0 (09-15-2014 - KS)

State of Oklahoma v. Brian Ayub

The State of Oklahoma charged Brian Ayub, age 17, and Adrian Ayub with;

Count # 1.
Count as Filed: HM11, FELONY MURDER - FIRST DEGREE , in violation of 21 O.S. 701.7 which provides:

A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to ... More
   $0 (09-15-2014 - OK)

Patrisha R. Harford v. Parkside Psychiatric Hospital, Tulsa Center for Adolescent Treatment and Peggy Kelly

Patrisha R. Harford sued Patkside Psychiatric Hospital, Tulsa Center for Adolescent Treatment and Peggy Kelly on negligence, false imprisonment, violation of Title 43A of the Oklahoma statues. and intentional infliction of emotional distress claiming to have held against will and without just cause by the defendants.

The defendants generally denied all of the allegations made by the Plain ... More
   $5,000 (09-15-2014 - OK)

The People v. Melvin W. Anderson

Defendant Melvin W. Anderson appeals from the denial of his petition for recall and resentencing pursuant to the Three Strikes Reform Act of 2012 (the Act). (Pen. Code, § 1170.126.)1 We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues ... More   $0 (09-13-2014 - CA)

State of Iowa v. Bryan Roche

Cedar Rapids, IA - The State of Iowa charged Bryan Roche, age 22, of kidnapping, sexually assaulting and stabbing a 20-year-old woman in 2013.

Iowa law provides:

709.1 SEXUAL ABUSE DEFINED.

Any sex act between persons is sexual abuse by either of the
persons when the act is performed with the other person in any of the
following circumstance ... More
   $0 (09-13-2014 - )

United States of America v. Johnny Ray Martinez

ABILENE, TX — A 25-year-old Abilene, Texas, resident, Johnny Ray Martinez, was sentenced by U.S. District Judge Jorge A. Solis, to 15 years in federal prison on a child pornography production offense, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Martinez pleaded guilty in May 2014 to one count of attempted production of child pornography. He has been in c ... More
   $0 (09-12-2014 - OK)

United States of America v. Troy E. Powell

ABILENE, TX — Troy E. Powell, 46, most recently of Tuscola, Texas, was sentenced by U.S. District Judge Jorge A. Solis to 48 months in federal prison for failing to register as a sex offender, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Following a bench trial before Judge Solis in April 2014, Powell was convicted on an indictment charging one count of f ... More
   $0 (09-12-2014 - TX)

Larry Davis Individually and as Represnetative of the Estate of Matthew Dewayne Smith, Deceased v. Rodger Clifton Bills, Jr. and Big D Construction Co., Ltd.

Appellant, Larry Davis, individually and as the representative of the estate of Matthew Dewayne Smith, appeals the trial court’s order dismissing his lawsuit against Appellees, Rodger Clifton Bills Jr., and Big D Construction Co., Ltd. for lack of jurisdiction. For the reasons set forth below, we affirm.
BACKGROUND
On or about February 27, 2012, Matthew Dewayne Smith was killed when he s ... More
   $0 (09-12-2014 - TX)

United States of America v. Timothy Sanchez

Topeka, KS - The former president of the American Federation of Government Employees Local Union 906 pleaded guilty Monday to embezzling more than $51,000 from union members in Topeka and Waco, Texas, U.S. Attorney Barry Grissom said.

Timothy Sanchez, 40, Topeka, pleaded guilty to one count of embezzlement. In his plea, he admitted the crimes occurred while he was president of the labor u ... More
   $0 (09-12-2014 - KS)

United States of America v. Stevens Nore

Miami, FL - Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that defendant Stevens Nore, 33, of Port Saint Lucie, was sentenced today before U.S. District Judge Kenneth A. Marra to 84 months in prison, followed by three years of supervised release a ... More   $0 (09-12-2014 - FL)

Carolyn Bayless v. United States of America

Sixteen years ago Carolyn Bayless began to suffer from a mysterious debilitating
illness. As her condition deteriorated over the years that followed, she doggedly sought
to learn what caused (and how to treat) her illness. Finally, in 2008, convinced that she
was the victim of exposure to nerve gas emitted by an Army testing facility, she filed a
claim under the Federal Tort Claims ... More
   $0 (09-12-2014 - UT)

Larry Steven Schinkel Jr. v. The Superior Court of Sacramento County and The People

Petitioner Larry Steven Schinkel, Jr. (defendant), who is serving an indeterminate life term under the “Three Strikes” law, filed a petition for resentencing under the Three Strikes Reform Act of 2012, passed by the voters as Proposition 36. The trial court denied the petition without a hearing because Schinkel’s current conviction for solicitation of murder necessarily included an intent to ... More   $0 (09-12-2014 - CA)

Ingrid Van Zant v. Apple, Inc.

This case concerns a question of procedure that may arise when a plaintiff sues a manufacturer for marketing and selling allegedly defective smartphones: If the plaintiff claims internal defects in the smartphone are the sole cause of its failure to perform as advertised, is the network carrier for the smartphone a necessary party to the lawsuit? We conclude the network carrier is not a necessary ... More   $0 (09-12-2014 - CA)

The People v. William Karl Olsen

Defendant William Karl Olsen was committed for an indeterminate term to the California Department of Mental Health (now, State Department of State Hospitals; hereafter the Department) after a jury determined defendant to be a sexually violent predator within the meaning of the Sexually Violent Predator Act (SVPA). (Welf. & Inst. Code, § 6600 et seq.)1
Defendant appealed from the judgment, con ... More
   $0 (09-12-2014 - CA)

Jim L. Irving v. California Unemployment Insurance Appeals Board

The real party in interest, the Los Angeles Unified School District (the district), appeals from an order granting a mandate petition filed by plaintiff, Jim L. Irving. Defendant, the California Unemployment Appeals Board (the board), after an administrative hearing, refused to grant plaintiff unemployment compensation benefits pursuant to Unemployment Insurance Code section 1256.1 The trial court ... More   $0 (09-12-2014 - CA)

State of Illinois v. Garrett B. Rottau

Edwardsville, IL - The State of Illinois charged Garrett B. Rottau, age 33, with four counts of criminal sexual assault of a child (a 10-year-old girl) between March 2007 and March 2008.

Defendant denied that he had any sexual contact with the girl and asserted that there was no physical evidence of any sexual activity.

(720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)

... More
   $0 (09-12-2014 - IL)

State of New York v. Nicholas J. Finnegan

Buffalo, NY - The State of New York charged Nicholas J. Finnegan, age 26, with second-degree murder in conjunction with the death of Russ A. Ross, age 28 who fell or was pushed off of Finnegan's second floor porch. The men were in a dispute over a door that Ross claimed that Finnegan had damaged a the time of the fall and resulting death.

The State claimed that Finnegan pushed Ross over t ... More
   $0 (09-12-2014 - NY)

Victoria Stamper, et aux. v. Dr. Michael Drazink

Victoria Stamper, et aux. sued Dr. Michael Drazink on medical malpractice theories claiming that he provided substandard care to her in 2009 and, as a direct result, she suffered permanent lung damage that left her unable to take deep breathers. Her husband claiming that he was entitled to loss of consortium damages as a result of harm caused to his wife. The Plaintiffs claimed that Dr. Draznik ... More   $1,200,000 (09-12-2014 - OH)

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