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Recent Verdicts and Judgements

United States of America v. Jimmy Don McCoy, Jr., Gregory McIntyre and Jordaon Lee Foreman

Muskogee, OK - Three Individuals Plead Guilty To Firearms Theft, Possession

JIMMY DON McCOY, JR., age 25, of Tulsa, Oklahoma, and GREGORY McINTYRE, age 19, of Sallisaw, Oklahoma, pled guilty to STEALING FIREARMS FROM A FEDERAL FIREARMS LICENSED DEALER, in violation of Title 18, United States Code, Sections 924(m) and 2, punishable by not more than 10 years imprisonment, up to $250,000.00 ...
More $0 (05-29-2016 - OK)

United States of America v. Marcas McGowan

Kansas City, KS - Atchinson Man Pleads Guilty To Kidnapping, Killing 5-Year-Old Girl

An Atchison man pleaded guilty to federal charges of kidnapping and killing a 5-year-old girl. The charges carry a penalty of life in prison.

Marcas McGowan, 32, Atchison, Kan., pleaded guilty to one count of kidnapping resulting in death, and one count of discharging a firearm during a crime of ...
More $0 (05-29-2016 - KS)

United States of America v. Stephan Michael Maynard

Lincoln, NE - Lincoln Man Sentenced for Methamphetamine Conspiracy and Possession of Short Shotgun

Stephan Michael Maynard, 26, of Lincoln, was sentenced to eleven years and three months (135 months) in prison for his role in a conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine in the Lincoln area between January of 2013 and September o ...
More $0 (05-29-2016 - NE)

STATE OF NEW JERSEY VS. MAXWELL AMPOFO

We derive the following facts from the record. On August
1, 2013, at approximately 10:17 p.m., New Jersey State Trooper
Brian Gambone was patrolling the New Jersey Turnpike when he
observed a vehicle traveling at an excessive speed. He reported
to dispatch that he was stopping a Caucasian female with long
hair, who was driving a dark-colored, four-door Acura, for
sp ...
More $0 (05-28-2016 - NJ)

STATE OF NEW JERSEY v. RICKY LABEGA a/k/a RICKEY LABEGA, RICKY O. LABEGA, and RICKY LEBEGA

After the denial of his motion to suppress evidence,
defendant Ricky Labega entered a guilty plea to second-degree
possession of a controlled dangerous substance with the intent
to distribute, N.J.S.A. 2C:35-5(a)(1) and (2). Pursuant to the
negotiated plea agreement, on February 20, 2015, he was
sentenced as a third-degree offender to a term of four years
imprisonmen ...
More $0 (05-28-2016 - NJ)

STATE OF NEW JERSEY VS. JAMES MOORE

In June 2009, defendant entered a non-negotiated guilty
plea to one count of first-degree robbery, N.J.S.A. 2C:15
1(a)(2). The charge arose from the January 2006 robbery of a
credit union located in in a building where his sister and co
defendant, Darlene Moore, worked. Defendant held his hand in
the pocket of his sweatshirt in a way that suggested he had a
gun and de ...
More $0 (05-28-2016 - NJ)

STATE OF NEW JERSEY VS. QUAYSHAWN MACK

We briefly summarize the pertinent facts. On September 23,
2011, at 11:40 p.m., Jersey City Police Department (JCPD)
officers Michael Meade and Mark Hennessey responded to a "shots
fired" call in the area of Rutgers Avenue in the city. Meade and
Hennessey were monitoring the radio in high crime areas as part
of their assignment to the Violent Crimes Unit. Both officers
More $0 (05-28-2016 - NJ)

STATE OF NEW JERSEY v. J.M., JR.

The Court granted leave to appeal to consider whether the
State may introduce in defendant’s trial for sexual assault
evidence of a prior sexual assault of which defendant was
acquitted. Defendant, a massage therapist, was charged with
sexually assaulting a customer while giving her a massage.
Prior to defendant’s trial, the State moved to admit evidence
that defend ...
More $0 (05-28-2016 - )

STATE OF CONNECTICUT v. RUSSELL PEELER

A jury found the defendant, Russell Peeler,guilty of,amongother things,onecount ofcapitalfelonyinviolationofGeneralStatutes(Rev.to1999) § 53a-54b(8)andonecountofcapitalfelonyinviolation of General Statutes (Rev. to 1999) § 53a-54b (9) in connection with the 1999 shooting deaths of a woman and heryoungson,and,followingacapitalsentencinghearing,thetrialcourt,Devlin,J.,renderedjudgmentimposingtwodeat ... More $0 (05-28-2016 - FL)

Darrin Lee Carmichael vs State of Florida

This is an appeal pursuant to Anders v. California, 386 U.S. 738 (1967), of a
judgment and sentence for burglary of an occupied dwelling and grand theft of a
motor vehicle. We affirm Appellant’s convictions without discussion. However, as
the State correctly concedes, the trial court erred in imposing a $300 public defender
lien pursuant to sections 27.562 and 938.29, Florida ...
More $0 (05-28-2016 - FL)

Eldredge A. Henderson vs State of Florida

Appellant, Eldredge A. Henderson, challenges his judgment and two
consecutive mandatory minimum sentences for one count of aggravated battery
with a deadly weapon and one count of aggravated assault with a deadly weapon,
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. ...
More $0 (05-28-2016 - )

Michael Mosley vs State of Florida

In this case, the appellant was convicted of one count of failure to report a
change in residency by a sexual offender as required by section 943.0435, Florida
Statutes. In order to convict under this statute, the state is required to prove, among
other things, that the person charged was convicted of certain qualifying sexual
offenses and was released from incarceration for t ...
More $0 (05-28-2016 - FL)

Michael Greene vs. The State of Florida

We affirm the conviction and sentence imposed in case number 3D15-257,
as well as the violation of probation and sentence imposed in case number 3D15
274. Upon our review of the record, we conclude “beyond a reasonable doubt that
the error complained of did not contribute to the verdict or, alternatively stated,
that there is no reasonable possibility that the error contributed ...
More $0 (05-28-2016 - FL)

United States of America v. Brandon L. Bjorkman

Omaha, NE - Lincoln Man Sentenced for Possessing Child Pornography

Brandon L. Bjorkman, 39, of Lincoln, Nebraska, was sentenced in Lincoln, Nebraska, to 41 months in prison for possession of child pornography. After his release from prison, Bjorkman will also serve five years of supervised release and be required to register as a sex offender.

On May 25th, 2015, investigators wi ...
More $0 (05-28-2016 - NE)

United States of America v. Timothy Sherwood

Pierre, SD - Pierre Man Sentenced for Conversion of Mortgaged Property

Timothy Sherwood, age 36, was sentenced, a Pierre, South Dakota, man charged with Conversion of Mortgaged Property pled guilty to and was sentenced to five years of unsupervised probation, $25 to the Federal Crime Victims Fund, and $65,095.34 in restitution to the Farm Service Agency (FSA).

The conviction stem ...
More $0 (05-28-2016 - SD)

United States of America v. Forrest Devan Yellow Earrings

Aberdeen, SD - A Little Eagle, South Dakota, man was acquitted of Assault with a Dangerous Weapon as a result of a federal jury trial in Aberdeen, South Dakota.

Forrest Devan Yellow Earrings, age 24, was indicted by a federal grand jury on April 14, 2015.

The charge stemmed from an incident which occurred in January 2014, when Yellow Earrings allegedly assaulted a male acquainta ...
More $0 (05-28-2016 - SD)

Roland Long v. State of Florida

Appellant was convicted of conspiracy to manufacture methamphetamine. The criminal information alleged that appellant conspired to manufacture methamphetamine with “Ray Ray Webb.” However, during the trial, the only evidence presented of a conspiracy included specific references to “Ray Ray Hicks,” not “Ray Ray Webb.” We find that the variance between what was charged in the information and wha ... More $0 (05-28-2016 - FL)

John Goodman v. Florida Department of Law Enforcement

Appellant John Goodman was involved in a vehicular collision that resulted in the death of another individual. Appellant’s blood was drawn after the accident for blood alcohol testing, pursuant to Florida’s implied consent statutes. See §§ 316.1932-34, Fla. Stat. (2010). Ultimately, Appellant was charged with DUI Manslaughter/Failed to Render Aid and Vehicular Homicide/Failed to Give Informatio ... More $0 (05-28-2016 - FL)

Ronnie J. Knighton v. State of Florida*

Ronnie Knighton appeals his judgment and sentence for one count of lewd or lascivious battery. Knighton argues that the trial court reversibly erred by: (1) refusing his request for a jury instruction on the permissive lesser-included offense of unnatural and lascivious act; and (2) including his prior juvenile adjudications on the sentencing scoresheet. We agree with Knighton that the trial cou ... More $0 (05-28-2016 - FL)

Juan De Los Rios v. State of Florida

Juan De Los Rios, a former captain with the Miramar Police Department, appeals his conviction and sentence for lewd or lascivious conduct on a person under the age of sixteen. We affirm on all issues raised in this appeal, and write only to discuss appellant’s argument that the trial court erred in allowing the prosecutor to elicit testimony from the victim’s sister that the victim told her about ... More $0 (05-28-2016 - FL)

Rodney Squire v. State of Florida*

We grant in part and deny in part appellee’s motion for rehearing, withdraw our previously issued opinion and substitute the following opinion in its place.
Rodney Squire appeals his convictions for attempted felony murder and attempted robbery of one victim, and aggravated battery of another. He contends that the trial court made three evidentiary errors: (1) denying the suppression of h ...
More $0 (05-28-2016 - FL)

TERRANCE L. ANTHONY v. STATE OF FLORIDA

Terrance L. Anthony appeals his conviction and life sentence for first-degree
murder. We affirm the conviction without discussion. However, because Anthony was a
juvenile on the date of the offense, we remand for resentencing pursuant to Horsley v.
State, 160 So. 3d 393 (Fla. 2015). Although the trial court properly followed the law in
this district at the time of Anthony’s ...
More $0 (05-28-2016 - FL)

Curtis Rookaird v. Burlington Northern Santa Fe Railroad Company (BNSF)

Seattle, WA - Former BNSF Employee Awarded $1.6 Million

Curtis Rookaird, a former Burlington Northern Santa Fe Railroad Company (BNSF) brakeman, sued BNSF on a wrongful termination theory claiming that he was fired for conducting a brake test over the objections of his supervisors. He conducted a braking check on a 42 train cars, many of which were "placarded hazardous tank cars."
< ...
More $0 (05-28-2016 - WA)

RAMON DAVID SENGER v. STATE OF FLORIDA

Ramon David Senger (“Senger”) appeals his dual convictions under sections
847.0135(3)(b) and 847.0135(4)(b), Florida Statutes (2011)—using a computer to solicit
a person believed to be a parent for sex with a minor (“solicitation”) and traveling after
using a computer to solicit a person believed to be a parent for sex with a minor (“traveling
after solicitation"). Following t ...
More $0 (05-28-2016 - FL)

State of Oklahoma v. David Ruble II

Tulsa, OK - Defendant Get Two Life Sentences for Highway Robbery Murder

Tulsa criminal defense lawyer Mike Manning represented David Ruble II who was charted by the State of Oklahoma with first-degree felony murder in violation of 21 O.S. 701.7, attempted robbery with a firearm in viola ...
More $0 (05-28-2016 - OK)

Commonwealth of Massachusetts v. Christopher Kennedy

Northampton, MA - State Trooper Found Guilty of Sexual Assault

The Commonwealth of Massachusetts charged suspended state trooper Christopher Kennedy, age 32, with indecent exposure, assault and batter and indecent assault and battery for sexually assaulting a Worthington woman whom he met through a dating website in 2014. The State claimed that Kennedy assaulted a 37-year-old woman and f ...
More $0 (05-28-2016 - MA)

State of Oregon v. Henry Louis Gulacy

Hillsboro, OR - Jury Convict Young Man of Arson and Burglary

The State of Oregon charged Henry Louis Gulacy, age 18, with 13 counts of attempted aggravated murder, one count of first-degree arson, and one county of second-degree burglary. The charges arose out of a fire that occurred at a house owned by Marcus and Roberts Roberts, who lived next door to the Defendant, on August 28, 2015. ...
More $0 (05-28-2016 - OR)

State of Georgia v. James Gobert

LaFayette, GA - Man Convicted Of Murder and Aggravated Assault

The State of Georgia charged Micheal James Gobert with malice murder, felony murder, four counts of aggravated assult, and four counts of possession of a firearm or knife during the commission of a crime for shooting and killing Johnny Montgomery and wounding Edrius Putnam during a confrontation outside the Defendant's home du ...
More $0 (05-28-2016 - GA)

Sate of Louisiana v. Kentrell "Black" Hickerson

New Orleans, LA - Jury Convicts Gang Member

The State of Louisiana charged Kentrell "Black" Hickerson, age 36, with multiple felony offenses relating to rackateering activities relating to what is called the "ENG" gang. The State alleged that Hickerson planned or ordered numerous crimes relating to control of the herion and crack trade in a swath of the City of New Orleans near Third and ...
More $0 (05-28-2016 - LA)

United States of America v. Brian T. Nelsen

Omaha, NE - Omaha Man Sentenced to 5 Years in Federal Prison for Child Pornography

Brian T. Nelsen, 29, was sentenced to five years of imprisonment. There is no parole in the federal system. After his release from prison, Nelsen will begin a five-year term of supervised release and will be required to register as a sex offender.

On January 7, 2015, officers executed a federal s ...
More $0 (05-27-2016 - NE)

Russell Dean Long v. State of Tennessee

The Petitioner was convicted of “first degree felony murder committed during the perpetration of aggravated child abuse and first degree felony murder committed during the perpetration of aggravated child neglect.” State v. Russell Dean Long and Jessica Renee Adkins, No. E2012-01166-CCA-R3-CD, 2013 WL 5436529, at *1 (Tenn. Crim. App. Sept. 27, 2013), perm. app. denied (Tenn. Mar. 5, 2014). The t ... More $0 (05-27-2016 - TN)

State of Tennesse v. Antonio Howard

K.W., L.G., and C.C., the victims, were close friends for several years. On October 15, 2011, they went to Level 2, a nightclub in Memphis. They left the club at approximately 2:00 a.m. As they were walking to their car, L.G. asked two men if they had a cigarette lighter. Defendant handed a lighter to L.G.. The men asked if they could go hang out with the women, and K.W. agreed to let the men ... More $0 (05-27-2016 - TN)

State of Tennessee v. Brandon Blount

On September 16, 2013, Memphis police officers responding to a call about a burglary in progress at a house on Stowe Street discovered Defendant, who was armed with a loaded handgun, exiting the house through a back window. Defendant fled, jumped the backyard fence, discarded his gun, and eventually hid underneath the porch of a neighboring home, where he was apprehended by pursuing officers. Po ... More $0 (05-27-2016 - TN)

State of Tennessee v. Kenderick Michael Tucker

On November 24, 2010, pursuant to a negotiated plea agreement, Defendant pleaded guilty in case number 65287 to one count of conspiracy to commit aggravated robbery. He was sentenced to six years to be served on supervised probation, ordered to
complete 300 hours of public service, and ordered to pay court costs, fines, and restitution. On September 23, 2011, a probation violation warrant w ...
More $0 (05-27-2016 - TN)

State of Tennessee v. Joseph Tolbert III a/k/a Micah Joshua Ford

This case arises from a December 28, 2009 incident in which the Defendant entered the victims‟ apartment, robbed them, fatally shot Michael Cowen and stabbed Brittany Davis.
At the trial, Michael Mayes testified that he was the records keeper for the Knox County Emergency Communications District. The audio recording of a December 28, 2009 9-1-1 call made by Ms. Davis was played for ...
More $0 (05-27-2016 - TN)

In re Jenkins Bonding Company

The record reflects that on November 2, 2012, the defendant, Ervin Sweat, Jr., was indicted in case number 2012-D-3012 for four counts of possession of a controlled substance with the intent to sell and one count of possession of a firearm during the commission of a dangerous felony. After several motions, the trial court reduced the defendant‟s bond to $75,000. On February 14, 2014, he wa ... More $0 (05-27-2016 - TN)

State of Tennessee v. Dinnie Merel Robertson

Travis Springer testified that on June 23, 2013, he received a phone call from his wife, who was a manager of a Mapco gas station in Lawrence County. Mr. Springer’s wife complained that her truck was “making a squealing racket.” Mr. Springer went to the gas station to check on his wife’s truck and discovered that two of the truck’s tires had been slashed. Mr. Springer changed the tires on his w ... More $0 (05-27-2016 - TN)

The State of New Hampshire v. Paul Bedell

The defendant, Paul Bedell, appeals his convictions on two counts of aggravated felonious sexual assault. See RSA 632-A:2, I(l) (2007). The defendant argues that the Superior Court (Bornstein, J.) erred when, on the second day of trial, it dismissed a juror after it erroneously concluded that the juror could no longer be impartial. We affirm because we conclude that, although error, the juror’s ... More $0 (05-27-2016 - NH)

Commonwealth v. Villalobos

After a joint jury trial,1 the defendant, Anthony Villalobos, was convicted of the lesser included offense
of involuntary manslaughter of Jose Alicea and two counts of assault and battery, one on Gregory Pimental2 and one on Omar
Castillo.3 He appeals from the convictions and also from the denial of his motion for a new trial, arguing that (1) the
evidence was insufficient to suppo ...
More $0 (05-27-2016 - MA)

Jacob Lewis v. Epic Systems Corporation

Epic Systems, a health care software
company, required certain groups of employees to agree to
bring any wage-and-hour claims against the company only
through individual arbitration. The agreement did not permit
* Of the Northern District of Illinois, sitting by designation.
2 No. 15-2997
collective arbitration or collective action in any other forum.
We conclude that ...
More $0 (05-27-2016 - WI)
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