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Recent Verdicts and Judgments
Christina Nicole Adams and Christopher L. Adams v. Laboratory Corporation of America

Christina and Christopher Adams (“the Adamses”) filed a lawsuit against Laboratory Corporation of America (“LabCorp”), alleging that its cytotechnologists were negligent in failing to identify abnormalities in Ms. Adams’s Pap smears and that this negligence caused a delay in her cancer diagnosis. LabCorp moved to exclude the testimony of Dr. Dorothy Rosenthal concerning the alleged breac ... More   $0 (07-29-2014 - GA)

United States of America v. Jason Yazzie

ALBUQUERQUE – Jason Yazzie, 31, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., was sentenced today to 270 months (22.5 years) in federal prison for his voluntary manslaughter and assault conviction. Yazzie will be on supervised release for three years after completing his prison sentence.

Yazzie was arrested on Aug. 6, 2013, based on a criminal complaint allegi ... More
   $0 (07-28-2014 - NM)

United States of America v. Miguel Angel Tinajero-Martinez

ALBUQUERQUE, NM – Miguel Angel Tinajero-Martinez, 24, a Mexican national illegally in the United States, pleaded guilty on July 24, 2014, to methamphetamine trafficking charges in federal court in Las Cruces, N.M.

Tinajero-Martinez was indicted on Feb. 19, 2014, under the moniker “4 Runner” and was charged with conspiracy and distribution of methamphetamine. He was arrested on Feb. ... More
   $0 (07-28-2014 - )

United States of America v. Charles Padilla

ALBUQUERQUE, NM – Charles Padilla, 46, of Albuquerque, N.M., pleaded guilty today to federal methamphetamine trafficking and firearms charges. Under the terms of his plea agreement, Padilla will be sentenced to 15 years in federal prison followed by a term of not less than five years of supervised release.

Padilla was arrested on Nov. 30, 2012, based on a criminal complaint charging hi ... More
   $0 (07-28-2014 - NM)

United States of America v. Crystal Renee Dawn Poore

GREENEVILLE, TN – On Monday, July 28, 2014, Crystal Renee Dawn Poore, 32, of Elizabethton, Tenn., pleaded guilty in U.S. District Court for the Eastern District of Tennessee at Greeneville, to three counts of production of child pornography. Sentencing has been set for 1:30 p.m., on Oct. 20, 2014.

Poore faces a minimum term of 15 years and not more than 30 years in prison on each count. ... More
   $0 (07-28-2014 - TN)

United States of America v. Jonathan Thornton

GREENEVILLE, Tenn. – On July 28, 2014, Jonathan Thornton, 32, of Dandridge, Tenn., was sentenced to serve 121 months in prison by the Honorable J. Ronnie Greer, U.S. District Judge. Upon his release from prison, Thornton will be subject to supervised release under the supervision of the U.S. Probation Office for three years. There is no parole in the federal system.

Thornton pleaded gui ... More
   $0 (07-28-2014 - TN)

Samvel Topchian v. JPMorgan Chase Bank, N.A.

Samvel G. Topchian appeals from the district court’s dismissal of his amended
complaint against JPMorgan Chase Bank (Chase). Because we hold that Topchian
has stated a claim for breach of contract, we affirm in part, reverse in part, and
remand for further proceedings.
I. Background
We recount the facts as described in the amended complaint and in the
permanent loan modif ... More
   $0 (07-28-2014 - MO)

Martha Duban v. Waverly Sales Co.

Thomas and Martha Duban brought a negligence action against Waverly Sales
Company (Waverly) arising out of injuries Martha sustained when she was stepped
on by a horse at a Waverly draft horse auction. The district court1 denied Waverly’s
1The Honorable Jon Stuart Scoles, United States Magistrate Judge for the
Northern District of Iowa, to whom the case was referred for final dis ... More
   $237,535 (07-28-2014 - IA)

Michael Dean Scott v. Marc Houk, Warden

After his conviction in Ohio state court for two murders and the
aggravated robbery and kidnapping of one of his victims, petitioner Michael Dean Scott was
sentenced to death. Scott appealed and pursued post-conviction remedies in state court, to no
avail. He now seeks habeas relief under 28 U.S.C. § 2254. The district court denied relief.
>
No. 11-4361 Scott v. Houk Page 2
More
   $0 (07-28-2014 - OH)

Timothy B. Bostic v. George E. Schaefer, II

Via various state statutes and a state constitutional amendment, Virginia prevents same-sex couples from marrying and refuses to recognize same-sex marriages performed elsewhere. Two same-sex couples filed suit to challenge the constitutionality of these laws, alleging that they violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The district court granted the couples ... More   $0 (07-28-2014 - VA)

Santos Ramirez v. Carolina Dream, Inc.

Appellant Santos Ramirez, a
seaman, became ill while working aboard a fishing vessel and was
immediately hospitalized when he returned to shore. Shortly
thereafter, he was diagnosed with aplastic anemia, a serious blood
condition that prevented him from returning to work as a seaman. He
subsequently brought this personal injury action against his
employer, seeking a remedy ... More
   $0 (07-28-2014 - MA)

United States of America v. Maria M. Ullua

A jury convicted Maria
Magdelena Ulloa of ten counts of submitting fraudulent federal tax
returns in violation of 18 U.S.C. § 287. On appeal, Ms. Ulloa
argues that the district court erred in three ways: by (i) finding
that the jury instruction preventing the jury from considering a
co-worker’s criminal conduct as propensity evidence under the
Federal Rules of Evidence R ... More
   $0 (07-28-2014 - NH)

Kathleen Shanley v. Daniel Cadle

This case comes to us after more than two
decades of litigation, which, for some of the individual
plaintiffs, had seemingly come to an end with a 2008 settlement
agreement. That year, the defendants (a debt collection agency and
its owners) proposed a comprehensive mediation and settlement for
three lawsuits brought by individual plaintiffs (debtors) in
federal court (Shan ... More
   $0 (07-28-2014 - MA)

Ron Peterson Firearms, LLC v. B. Todd Jones

In an effort to reduce illegal gun trafficking “along and across the Southwest
border” of the United States, the Bureau of Alcohol, Tobacco, Firearms and Explosives
(“ATF”) issued a demand letter to certain federal firearms licensees (“FFLs”) in Arizona,
California, New Mexico, and Texas. The letter requires recipients to report to ATF sales
to the same customer within ... More
   $0 (07-28-2014 - NM)

Marvin Green v. Patrick R. Donahoe, Postmaster General, United States Postal Service

Marvin Green, a former postmaster, claims that the U.S. Postal Service retaliated
against him after he made employment-discrimination claims. He was investigated,
threatened with criminal prosecution, and put on unpaid leave. Shortly after being put on
leave, he signed a settlement agreement with the Postal Service that provided him paid
leave for three and a half months, after whi ... More
   $0 (07-28-2014 - CO)

State of Oklahoma v. Matthew Don Kernal

The State of Oklahoma charged Matthew Don Kernal with knowingly receiving or concealing stolen property after prior convictions.

MATTHEW DON KERNAL, on or about 5/23/2014, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the crime of KNOWINGLY CONCEALING/RECEIVING STOLEN PROPERTY, a Felony, by unlawfully, feloniously, willfully and knowingly, conce ... More
   $0 (07-28-2014 - OK)

United States of America v. Kevin S. Lahey

ATLANTA, GA - Kevin S. Lahey has been sentenced to serve seven years and three months in prison after pleading guilty to possessing seven firearms while being an unlawful user of controlled substances.

“The significant sentence imposed by the Court serves as a warning that illegal possession of a firearm will be taken seriously by the United States,” said United States Attorney Sally ... More
   $0 (07-28-2014 - )

State of Iowa v. Jeremy Michael Cory

Nevada, IA - The State of Iowa charged Jeremy Michael Cory, age 45, with first-degree murder in conjunction with the death of Vallerie Cory, age 49, who was shot to death in April of 2013. ... More   $0 (07-26-2014 - )

State of Iowa v. Seth Andrew Techel

Davenport, IA - The State of Iowa charged Seth Techel with first-degree murder and nonconsensual termination of a human pregnancy for killing his 23-year-old pregnant wife, Lisa Techel, on May 26, 2012. ... More   $0 (07-26-2014 - IA)

Kings River Trail Association, Inc. and Kings River Village Community Association, Inc. v. Pinehurst Trail Holdings, LLC

These consolidated appeals are from a judgment disposing of various claims between a company that purchased property on which golf courses and undeveloped acreage were located, on one side, and owners of nearby homes and two homeowners’ associations on the other side. In the appeal by the homeowners’ associations, we address whether the trial court erred in granting summary judgment as to the ... More   $0 (07-26-2014 - )

Darlene Fike as next friend of Hunter E. Bodine, a minor child v. Travis Miller, et al.

Darlene Fike, as next friend of Hunter E. Bodine, a minor child, appeals from the trial court’s orders dismissing her suit against Travis Miller, Jim Gregory, and Latexo Independent School District (LISD). Fike contends that she asserted claims that should not have been dismissed. We affirm.
BACKGROUND
Bodine is a student at LISD, and Miller is one of his coaches. Gregory is the superint ... More
   $0 (07-26-2014 - TX)

United States of America v. Richard Anthony Davis

Orlando, Florida – U.S. District Judge Paul G. Byron yesterday sentenced Richard Anthony Davis (43, Jamaica) to three years and six months in federal prison for conspiracy to obtain fraudulent Florida driver licenses, false claim to U.S. citizenship, and aggravated identity theft. The Court also ordered Davis to forfeit $2,926 in cash, which is traceable to proceeds of the offenses. Davis pleade ... More   $0 (07-25-2014 - FL)

United States of America v. Cassandra Hamilton

Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington sentenced Cassandra Hamilton (55, Tampa) to 15 months in federal prison for engaging in a conspiracy to commit marriage fraud. Hamilton pleaded guilty on April 15, 2014.

According to court documents, Hamilton engaged in a marriage fraud conspiracy spanning several years, and in excess of ten marriages. Hamilton arrange ... More
   $0 (07-25-2014 - FL)

United States of America v. Pamela Rhim-Grant and Eugene Moss

Miami, FL - Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that defendant Nydia Nelson, 30, of Miami, was sentenced today before U.S. District Judge ... More   $0 (07-25-2014 - FL)

N.R. v. Florida Birth-Related Neurological Injury Compensation Association

The Cross-Appellant, Dr. Ezer Ojeda, has filed a motion for rehearing. We grant
rehearing only as to the issue raised in Dr. Ojeda’s cross-appeal. We, therefore,
withdraw our prior opinion and substitute the following in its place.
We affirm as to all issues raised by the parties in this appeal, except as to the
notice issue raised by Dr. Ojeda in his cross-appeal under section 7 ... More
   $0 (07-25-2014 - FL)

Matthew K. Mills v. Tracey K. Johnson f/k/a Tracey K. Mills

Matthew Mills (Former Husband) appeals the final judgment of dissolution
of marriage and order adopting the magistrate's amended report. The Former Husband
contends that the trial court failed to properly impute income to Tracey Johnson (Former
- 2 -
Wife) when calculating the child support award, that there was not competent,
substantial evidence of the Former Wife's need for ... More
   $0 (07-25-2014 - FL)

State of Florida v. William Crumbley

The State appeals an unusual pair of nonfinal orders sealing certain medical records that had been obtained by the State pursuant to a search warrant. The orders effectively deny the State all access to this potential evidence and will prevent its use as evidence in three pending criminal cases. We conclude that this court has jurisdiction to review the orders as orders suppressing evidence obtain ... More   $0 (07-25-2014 - FL)

Floyd Lowe v. The Superior Court of San Joaquin County and The People

Convicted of being a felon in possession of a firearm and sentenced under the “Three Strikes” law more than 15 years ago, petitioner Floyd Lowe (defendant) recently filed a petition for resentencing under the Three Strikes Reform Act of 2012. The trial court denied the petition because defendant was armed with a firearm and intended to cause great bodily injury when he possessed the firearm.More   $0 (07-25-2014 - CA)

The People v. J.G.

The relevant facts are undisputed. On January 7, 2012, at around 8:45 p.m., Officer Steven Woelkers was driving his patrol car in Daly City when he saw 15-year-old J.G. walking across a parking lot toward D.G., who is J.G.’s brother. J.G. was carrying a backpack. Officer Woelkers parked his patrol vehicle, without turning on its lights or siren, and “casually” approached the brothers. He had ... More   $0 (07-25-2014 - CA)

The People v. Kenneth Elder

In December 2012, defendant Kenneth Elder filed what he titled a petition for a writ of habeas corpus (though invoking Pen. Code, § 1170.126)1 seeking to recall his 1995 indeterminate life sentence. The statute, enacted pursuant to a November 2012 initiative measure, provides retrospective relief under narrow criteria from indeterminate life sentences imposed for recidivism. Defendant alleged tha ... More   $0 (07-25-2014 - CA)

United States of America v. Serafina Madrid

ALBUQUERQUE, NM – Serafina Madrid, 35, of Las Vegas, Nev., was sentenced this morning in federal court in Albuquerque to three years of probation for transporting an illegal alien.

Madrid was arrested on Aug. 1, 2013, on a criminal complaint charging her with unlawfully transporting of an illegal alien. On that day, law enforcement officers encountered Madrid at the Greyhound bus stati ... More
   $0 (07-25-2014 - NM)

United States of America v. Rocky Joe Williams and Christopher Anthony Lavato

LUBBOCK, Texas — Three defendants charged in unrelated cases appeared yesterday before U.S. District Judge Sam R. Cummings and pleaded guilty to various felony child pornography offenses. In each case, Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report. U.S. Attorney Sarah R. Saldaña of the Northern District of Texas ma ... More   $0 (07-25-2014 - TX)

Harstan LTD, a Texas Limited Partnership, and TBI, Inc., General Partner of Harstan, LTD. v. Si Kyu Kim, Individually, and Sarah Kyung-Al Kim, Individually

In this statutory fraud action involving the “as is” sale of commercial real property,
Harstan, Ltd. and TBI, Inc., (collectively, “Harstan”) appeal the trial court’s judgment in favor of
Si Kyu Kim and Sarah Kyung-Al Kim (collectively, “the Kims”). In three issues, Harstan
argues that the “as is” nature of the sale precludes the Kims from recovering on their claim an ... More
   $0 (07-25-2014 - TX)

Salem Abraham v. Daniel Greer and Fix The Facts Foundation d/b/a AgendaWise

Is a public official always a public official . . . that seems to be the underlying question in the appeal before us.
Salem Abraham appeals from an order dismissing his lawsuit for libel against Daniel Greer and Fix the Facts Foundation, d/b/a AgendaWise (collectively referred to as AgendaWise). The order of dismissal was entered pursuant to Chapter 27 of the Texas Civil Practice and Remedies ... More
   $0 (07-25-2014 - TX)

United States of America v. Bernd Kowalewski

Tulsa, OK - The former president and chief executive officer of BizJet International Sales and Support Inc., a U.S.-based subsidiary of Lufthansa Technik AG with headquarters in Tulsa, Oklahoma, that provides aircraft maintenance, repair and overhaul services, pleaded guilty today for his participation in a scheme to pay bribes to foreign government officials.

Assistant Attorney General L ... More
   $0 (07-25-2014 - OK)

United States of America v. Carlos Luis Bujanda

Las Cruces, NM – On July 24, 2014, Carlos Luis Bujanda, 46, of Hobbs, N.M., entered a guilty plea in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge.

Bujanda was arrested on Dec. 12, 2013, on a criminal complaint alleging that he possessed methamphetamine with intent to distribute in Lea County, N.M., on Nov. 14, 2013. He subsequently was indicted in March 2 ... More
   $0 (07-24-2014 - NM)

United States of America v. Branden Pete

PHOENIX, AZ – Branden Pete, 28, of Greasewood, Ariz., was sentenced by Senior U.S. District Judge Stephen M. McNamee to 708 months (59 years) in prison. Pete was found guilty by a federal jury on Oct. 31, 2005 of murder in the second degree; murder during the commission of the crime of kidnaping; murder during the commission of the crime of aggravated sexual abuse and conspiracy to commit first ... More   $0 (07-24-2014 - AZ)

United States of America v. Ambrosio Nunez-Lopez

PHOENIX– On July 23, 2014, Ambrosio Nunez-Lopez, 65, of Mexico, was sentenced by U.S. District Judge David G. Campbell to 10 years in prison. Nunez-Lopez pleaded guilty on March 18, 2014 to conspiracy to possess with intent to distribute 500 grams or more of methamphetamine, a felony.

The Organized Crime Drug Enforcement Task Force investigation into the Nunez-Lopez Drug Trafficking Org ... More
   $0 (07-24-2014 - AZ)

United States of America v. Michael A. Patterson

Memphis, TN - Edward L. Stanton III, United States Attorney for the Western District of Tennessee; and Sheriff William Oldham, Shelby County Sheriff’s Office, announced today that on July 15, 2014, Senior United States District Judge Jon Phipps McCalla sentenced Michael A. Patterson, formerly a medical doctor who had an office in Bartlett, Tennessee, to 16 years in federal prison for several vio ... More   $0 (07-24-2014 - TN)

United States of America v. Ronnie Jackson, et al.

Memphis, TN – Ronnie Jackson, Jr., 29, of Memphis, TN, was sentenced to a prison sentence of 1846 months, or 153 years and 10 months, following his conviction on March 13, 2014, by a federal jury on 12 counts related to a series of business robberies in and around Shelby County, announced Edward L. Stanton III, United States Attorney for the Western District of Tennessee.

According the ... More
   $0 (07-24-2014 - TN)

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