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Recent Verdicts and Judgements

THE PEOPLE OF THE STATE OF NEW YORK V. DAVID J. YAW

Defendant appeals from a judgment convicting him upon a jury verdict of robbery in the third degree (Penal Law § 160.05). Viewing the evidence in light of the elements of the crime as charged to the jury (see People v Danielson, 9 NY3d 342, 349), we reject defendant’s contention that the verdict is against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495). It is well ... More $0 (02-09-2016 - NY)

THE PEOPLE OF THE STATE OF NEW YORK V. TIMOTHY C. DEPETRIS

Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]). Contrary to defendant’s contention, County Court did not abuse its discretion in denying his motion to withdraw his plea of guilty. Although the record establishes that defendant had attempted to commit suicide while incarcerated three ... More $0 (02-09-2016 - NY)

THE PEOPLE OF THE STATE OF NEW YORK V. SALVATORE A. STRAUSS

Defendant appeals from a judgment convicting him, upon a nonjury verdict, of aggravated unlicensed operation of a motor vehicle (AUO) in the first degree (Vehicle and Traffic Law § 511 [3] [a] [i]) and driving while ability impaired (§ 1192 [1]). Contrary to the contention of defendant, the abstract of his driving record from the New York State Department of Motor Vehicles was properly admitted ... More $0 (02-09-2016 - NY)

United States v. Bert

On January 19, 2012, Bert was arrested in the hallway outside his 4
girlfriend’s apartment at 55 Holland Avenue, a Staten Island building 5
participating in New York City’s Field Trespass Affidavit Program. Earlier that 6
evening, Officer John Fahim and Officer Besim Pelinku received a radio report 7
that five African‐American males were trespassing at 55 Holland Avenue.  ...
More $0 (02-09-2016 - NY)

American Hospital Association v. Sylvia Burwell, United States Secretary of Health and Human Services

At heart, this case is about an agency caught between two congressionally assigned tasks. Congress has prescribed specific time frames for the Secretary of Health and Human Services to reach decisions on various stages of administrative appeals of Medicare reimbursement claim denials. But Congress has also directed the Secretary to implement the Medicare Recovery Audit Program to detect waste, fr ... More $0 (02-09-2016 - DC)

State of Tennessee v. Raymond A. Klein

We will refer to the victim as “G.L.” The Montgomery County Grand Jury indicted the Defendant with two counts of aggravated sexual battery of G.L. The State dismissed one of the counts prior to trial. Jennifer Taylor, the victim‟s mother, testified that she, her children, and her then-boyfriend lived in Clarksville from October 2008 to January 2011. Mrs. Taylor stated that her family was ... More $0 (02-09-2016 - TN)

Timothy Lamont Thompson v. State of Tennessee

As summarized by this court on direct appeal, this case concerns the April 15, 2010 robbery and assault of employees at the McDonald‟s restaurant on West End Avenue in Nashville, Tennessee. State v. Timothy Lamont Thompson, No. M201201151-CCA-R3-CD, 2013 WL 5873280, at *1 (Tenn. Crim. App. Oct. 30, 2013), perm. app. denied (Tenn. March 12, 2014). Petitioner brandished a firearm at the man ... More $0 (02-09-2016 - TN)

State of Tennessee v. Tevin Dominique Lumpkin

On August 25, 2012, at approximately 2:41 a.m., Sergeant Bryan Hall of the Henry County Sheriff‟s Department responded to a shooting at a nightclub called Fahrenheit 101. Deputy Blake Jenkins also responded to the call along with several Paris “city units.” Deputy Hall testified that when he arrived at the club there were “several hundred people running around.” He said there were also pe ... More $0 (02-09-2016 - TN)

Ledarius Maxwell v. State of Tennessee

A Madison County Criminal Court jury convicted the petitioner of two counts of aggravated assault and two counts of attempted second degree murder, and the trial court imposed an effective sentence of 24 years. This court affirmed the judgments on direct appeal. See State v. Ledarius Devonte Maxwell, No. W2012-00729-CCA-R3CD, slip op. at 1 (Tenn. Crim. App., Jackson, Sept. 13, 2013), perm. app. ... More $0 (02-09-2016 - TN)

Travion D. Kirkland v. State of Indiana

On April 16, 2012, Kirkland went to his grandmother’s house in Elkhart with
his cousin, DeAndre Jones. Kirkland and Jones arrived at Kirkland’s
grandmother’s house sometime around 10:15 p.m. During the evening of April
16, Kirkland texted two of his friends, asking them if they wanted to “hit a
lick,” meaning “to rob someone, take somebody’s money, [or] beat somebody
up. ...
More $0 (02-09-2016 - IN)

United States of America v. Hector Bienvenido Mateo-Beltre

Concord, NH - Massachusetts Man Pleads Guilty To Drug Charge

Hector Bienvenido Mateo-Beltre, pleaded guilty today to possession of fentanyl with intent to distribute. Mateo-Beltre appeared before United States District Court Judge Steven J. McAuliffe to enter his guilty plea.

According to documents that were filed in United States District Court and statements made in ...
More $0 (02-09-2016 - NH)

James Boggess v. State of Indiana

Boggess and William Bowser have known each other for fifty years and live a
block and a half away from each other on the east side of Indianapolis. On
August 1, 2013, the two men were drinking alcohol together when they began
to argue about an incident that occurred between them almost twenty-five years
ago. The two men became involved in a fist fight, and Bowser knocked down ...
More $0 (02-09-2016 - IN)

Khampaseuth O. Lothvilaythong v. State of Indiana

Lothvilaythong was born on April 2, 1978. He is the father of J.L., who was
born on February 23, 2006. At all times relevant to the instant appeal, J.L.
lived with her mother but had overnight visitation with Lothvilaythong every
other weekend.
[3] More than once during weekend visitations occurring between January of 2011
and March 11, 2012, Lothvilaythong pulled J.L.’s ...
More $0 (02-09-2016 - IN)

B.A.T. v. State of Indiana

On June 26, 2014, B.A.T., who was fourteen years old, went into a rage at his
grandmother’s house. B.A.T. “turned his room upside down,” yelled and
cursed at his grandmother, grabbed a knife from the pantry, and stated that he
would kill himself and everyone else in the house. Transcript at 7. B.A.T. then
threw the knife down and ran out. His grandmother, who was his guardi ...
More $0 (02-09-2016 - IN)

Ni Kung v. State of Indiana

On August 5, 2014, Detective Tabatha McLemore of the Indianapolis
Metropolitan Police Department was working undercover by posing as a
prostitute on a street corner in a high-prostitution area. Detective McLemore
saw a man, later identified as Kung, park his car nearby. Kung kept looking at
Detective McLemore and smiling, so she walked over to talk to him. Through
the o ...
More $0 (02-09-2016 - IN)

Nicole Miller v. State of Indiana

On May 17, 2014, two Indianapolis police officers received a message over their
radio that a woman was causing a disturbance at a local convenience store. As
the officers arrived at the intersection, they saw a woman—later identified as
Miller—walking across the street away from the store. An employee of the
store came outside and pointed at her. The officers drove toward Mi ...
More $0 (02-09-2016 - IN)

State of Missouri vs. Claude Chambers

The evidence adduced at trial established that Defendant lived with C.R. (the
victim), who was 10 years old at the time of trial, and the victim’s mother. Most
mornings Defendant would wake the victim to get him ready for school. Defendant made
the victim watch “nasty movies,” during which Defendant would pull down his pants and
would make the victim disrobe from the waist do ...
More $0 (02-09-2016 - MO)

Frank James Distefano v. The State of Texas

While appellant was attending a party, he asked to speak with K.T., who had just turned ten years old, “about her [belated birthday] present.” K.T.’s mom thought they went into the kitchen. After five to ten minutes, she went to look for them. When she found them, they were in the upstairs bathroom, and appellant had a sleeping mask in his hand. K.T. was afraid and went straight to her mother. K.T ... More $0 (02-09-2016 - TX)

Joseph Leo Strehl, III v. The State of Texas

Joseph Leo Strehl, III, was convicted by a jury of driving while intoxicated (DWI), third
or more, and was sentenced to eighteen years’ imprisonment. On appeal, Strehl argues that the
trial court erred in overruling his motion to suppress evidence obtained as a result of a traffic stop
and that the evidence is insufficient to establish that he was twice previously convicted of DWI, ...
More $0 (02-09-2016 - TX)

Gilbert Guzman v. The State of Texas

Gilbert Guzman was charged by indictment with burglary of a habitation with intent to
commit assault. Following a trial, the jury found appellant guilty of assault, as included in the
indictment. The jury assessed punishment, enhanced by two prior felony convictions, at forty
years’ imprisonment. In two issues on appeal, appellant contends the forty-year sentence is void
bec ...
More $0 (02-09-2016 - TX)

Joe Derek Carr v. The State of Texas

Veronica Navarro, appellant’s 22-year-old fiancée, was last seen alive or heard
from by any witness on June 27, 2011. Her decomposing body was found submerged in Lake Travis
on July 6, 2011, wrapped in a Coleman tent, bound in rope, and secured to cinder blocks and
paint cans. There was no eyewitness testimony regarding how she died and ended up in the lake near
Pace Bend Park. More $0 (02-09-2016 - TX)

Fred Robert Schneider v. The State of Texas

The record before us in this case does not contain a certification of appellant
Fred Robert Schneider’s right of appeal. See Tex. R. App. P. 25.2(d) (“If the defendant is the
appellant, the record must include the trial court’s certification of the defendant’s right of
appeal under Rule 25.2(a)(2).”). The Clerk of this Court has contacted the trial court clerk, who has
informed u ...
More $0 (02-09-2016 - TX)

Ismael Trevino v. The State of Texas

A jury convicted appellant Ismael Trevino of two drug offenses—possession of a
controlled substance, methamphetamine, in an amount of less than one gram and possession of a
controlled substance with intent to deliver, cocaine, in an amount of four grams or more but less than
two hundred grams—both arising out of a traffic stop. See Tex. Health & Safety Code §§ 481.115(a)
(person c ...
More $0 (02-09-2016 - TX)

Travis Lee Lawrence v. The State of Texas

Appellant, Travis Lee Lawrence, proceeding pro se and incarcerated, pleaded
guilty to the reduced second-degree felony offense of robbery—threats, with the
agreed recommendation that he be punished with twenty-five years’ confinement in
the underlying trial court cause number 1452173 on November 2, 2015. See TEX.
PENAL CODE ANN. § 29.02(a)(2), (b) (West Supp. 2015). In that c ...
More $0 (02-09-2016 - TX)

Travis Lee Lawrence v. The State of Texas

Appellant, Travis Lee Lawrence, proceeding pro se and incarcerated, pleaded
guilty to the reduced second-degree felony offense of robbery—threats, with the
agreed recommendation that he be punished with twenty-five years’ confinement in
the underlying trial court cause number 1452173 on November 2, 2015. See TEX.
PENAL CODE ANN. § 29.02(a)(2), (b) (West Supp. 2015). In that c ...
More $0 (02-09-2016 - TX)

D'Angelo Cordell Middlebrooks v. The State of Texas

Pursuant to an agreement with the State that a pre-sentencing (“PSI”) hearing
be conducted and that punishment be capped at confinement for thirty years,
appellant, D’Angelo Cordell Middlebrooks, pleaded guilty to the first-degree felony
offense of aggravated sexual assault. See TEX. PENAL CODE ANN. §§
2
22.021(a)(1)(A)(iii), (2)(A)(ii), (e) (West Supp. 2015). Following ...
More $0 (02-09-2016 - TX)

Sky Harbor Air Service, Inc. v. Cheyenne Regional Airport Board, a Wyoming Corporation

In 2008, Sky Harbor initiated litigation against the Airport in the United States District Court for Wyoming, based on the Paint Shop lease. Sky Harbor Air Serv., Inc. v. Reams, 491 Fed. Appx. 875, 879 (10th Cir. 2012). Sky Harbor asserted claims for extortion, fraud, conspiracy, defamation, violation of Constitutional rights, breach of contract, and multiple other causes of action. Id. at 880. T ... More $0 (02-09-2016 - WY)

STATE OF LOUISIANA V. JEFFERSON FAGGARD

Defendant, Jefferson Faggard,I was charged with two counts of creation or
operation of a clandestine laboratory for the unlawful manufacture of a controlled
dangerous substance, in violation of La. R.S. 40:983, occurring on or about
October 9,2013 (count one) and November 8,2012 (count two). He was also
charged with one count of possession of methamphetamine, in violation of La ...
More $0 (02-09-2016 - LA)

STATE OF LOUISIANA V. LESLIE REED

On May 29, 2012, Jared Mealey was shot and killed in the Preston Hollow
neighborhood of St. Rose, Louisiana. The following facts were adduced at trial.
In the evening hours of May 29, 2012, defendant (known as "Rolla") and
Keywine Bradford (known as "Poppa") went to see Anthony Randle at his
grandmother's house. Defendant, Bradford, Randle, and Randle's cousin, Mike
McCray ...
More $0 (02-09-2016 - LA)

STATE OF LOUISIANA V. LAWHIT L. PAUL

On October 31,2013, the Jefferson Parish District Attorney filed a bill of
information alleging that defendant violated La. R.S. 40:967(A) in that he
possessed cocaine with the intent to distribute. On November 5, 2013, defendant
appeared at his arraignment and pled not guilty.
On February 20,2014, the trial court held a hearing on defendant's motions
to suppress evidence ...
More $0 (02-09-2016 - LA)

STATE OF LOUISIANA V. RICHARD L. CHESS

On November 14,2013, the Jefferson Parish District Attorney filed a bill of
information charging defendant with resisting a police officer with force or
violence, in violation of La. R.S. 14:108.2 (count one), and illegal possession ofa
stolen firearm, in violation of La. R.S. 14:69.1 (count two). At his arraignment on
the following day, defendant pled not guilty. On February 1 ...
More $0 (02-09-2016 - LA)

United States of America v. Lynn Y. Zoiopoulos

Rockford, WI - Former Rockford Physician Pleads Guilty to Bankruptcy Fraud

A former Rockford physician pleaded guilty before U.S. District Judge Frederick J. Kapala to making false statements in a bankruptcy case. LYNN Y. ZOIOPOULOS (also known as Lynn Shelton-Zoiopoulos), 60, now of Chicago, Ill., filed a Chapter 7 Bankruptcy Petition on Aug. 11, 2009. According to the written plea agr ...
More $0 (02-09-2016 - IL)

United States of America v. Marvin Spencer

Minneapolis, MN - Federal Jury Finds St. Paul Man Guilty Of Armed Robbery Of Roseville Pawn Shop

Marvin Spencer, 53, was convict for the armed robbery of Pawn America in Roseville, Minn., on July 21, 2014. On April 8, 2015, SPENCER was charged in a superseding indictment with one count of Interference with Commerce by Robbery; one count of Conspiracy to Interfere with Commerce by Robbery; ...
More $0 (02-08-2016 - MN)

United States of America v. Elias Atencio

Albuquerque, NM - Armed Career Criminal from Albuquerque Sentenced to 22 Years for Firearms Offenses Arising Out of Armed Robbery in Santa Fe

Atencio Prosecuted Pursuant to “Worst of the Worst” Anti-Violence Initiative

Elias Atencio, 38, of Albuquerque, N.M., was sentenced in federal court in Santa Fe, N.M., to 22 years in prison followed by three years of supervised release for ...
More $0 (02-08-2016 - NM)

United States of America v. Victor Sanchez, Jr.

Santa Fe, NM - Albuquerque Man Sentenced to Five Years for Federal Heroin Trafficking Conviction

Defendant Prosecuted as Part of HOPE Initiative which Seeks to Reduce the Number of Opioid-Related Deaths in New Mexico

Victor Sanchez, Jr., 45, of Albuquerque, N.M., was in federal court in Santa Fe, N.M., to 60 months in prison followed by four years of supervised release for his he ...
More $0 (02-08-2016 - NM)

United States of America v. Emery Vallo, Sr.

Santa Fe, NM - Acoma Pueblo Man Sentenced to Fifteen Years for Federal Child Sexual Abuse Conviction

Emery Vallo, Sr., 60, a member and resident of Acoma, N.M., was sentenced in Santa Fe, N.M., to 15 years in federal prison for his child sexual abuse conviction. Vallo will be on supervised released for five years following his release from prison. He also will be required to register as ...
More $0 (02-08-2016 - NM)

United States of America v. David Anaya Garcia

Las Cruces, NM - Former Las Cruces Elementary School Janitor Pleads Guilty to Federal Child Pornography Charge

Prosecution Brought Under Project Safe Childhood

David Anaya Garcia, 32, of Las Cruces, N.M., pleaded guilty to a federal child pornography charge. At the time he committed the crime, Garcia was employed as a janitor in a Las Cruces elementary school.

Garcia wa ...
More $0 (02-08-2016 - NM)

United States of America v. Alan Wenk

Kansas City, MO - Former Controller of Company in Lenexa To $135,000 Embezzlement

The former controller of a company in Lenexa pleaded guilty to embezzling more than $135,000.

Alan Wenk, 43, pleaded guilty to two counts of bank fraud. In his plea, he admitted the crimes occurred while he worked as the regional controller and corporate accounts payable manager for Performance Con ...
More $0 (02-08-2016 - KS)

United States of America v. Jose Francisco Beltran

Wichita, KS - Arizona Man Sentenced After Stop with 12 Pounds of Meth

An Arizona man was sentenced Monday to 5 years in federal prison for driving 12 pounds of methamphetamine from Arizona to Kansas.

Jose Francisco Beltran, 39, Tucson, Ariz., pleaded guilty to one count of interstate travel in furtherance of drug trafficking. In his plea, he admitted that on Aug. 27, 2015, the Ka ...
More $0 (02-08-2016 - KS)

THE PEOPLE OF THE STATE OF NEW YORK V. ERIC W. JOHNSON

Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]). Contrary to defendant’s contention, we conclude that Supreme Court did not abuse its discretion in denying his motion for a mistrial, which was based on his untimely claims that a recording of a jailhouse telephone call admitted in evidence ... More $0 (02-08-2016 - NY)
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