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Abandonment Law
 
Joseph Frank Tooker v. The State of Texas

During a traffic stop, Tooker was arrested after methamphetamine was discovered
by the investigating officers. Following the arrest, a trial was held in which the State called several
witnesses to the stand, including Chelsa Hazle, who was Tooker’s girlfriend at the time of the
incident, and Officer Morua, who initiated the traffic stop, and Tooker elected to take the stand and
te... More...
   $0 (12-17-2017 - TX)

In the Interest of L. D. child v. Department of Family and Protective Services

These appeals arise from a decree terminating the parental rights of both a mother and a father to their biological child, L.D. Both parents contend that the evidence was insufficient to support the trial court’s decree. The father additionally asserts that the evidence was insufficient to support the appointment of the
2
Department of Family and Protective Services, rather than the child’... More...
   $0 (12-14-2017 - TX)

United States of America v. James Patterson District of Massachusetts Federal Courthouse - Boston, Massachusetts

James Patterson appeals his
federal convictions, and resulting sentence, for five counts of
bank robbery in violation of 18 U.S.C. § 2113(a). He argues that
his convictions must be vacated because the District Court erred
in denying his motions for (1) a hearing pursuant to Franks v.
Delaware, 438 U.S. 154 (1978), regarding warrants that were issued
to install Global Positi... More...
   $0 (12-13-2017 - MA)

John Barna v. Board of School Directors of the Panther Valley School District Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

Plaintiff John Barna filed a lawsuit under 42 U.S.C. § 1983 alleging that the Panther Valley School Board (“School Board” or “Board”) and several of its officials violated his First Amendment rights by categorically banning him from
attending Board meetings after he was threatening and disruptive on several occasions. The Board and the individual officials moved for summary judgment. The Distr... More...
   $0 (12-13-2017 - PA)

Joan Mullin v. Karen Balicki Despite Lawyer's Error, Evidence of Guard-Encouraged Inmate Suicide Revives Lawsuit

During the early morning hours of January 17, 2009, New Jersey prisoner Robert Mullin hanged himself with a bedsheet that he had fashioned into a noose. The twentynine-year-old Robert had been in and out of prison for the better part of a decade, in part due to his ongoing struggles with substance abuse. While serving out his latest sentence at a halfway house, Robert was found in possession of ... More...   $0 (12-03-2017 - NJ)

Domenico Taglieri v. Michelle Monasky Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Our decision in this case is controlled by the 1980 Hague
Convention on the Civil Aspects of International Child Abduction (“Convention” or “Hague
Convention”), which dictates that a wrongfully removed child must be returned to the country of
habitual residence. Our precedent has demonstrated that where a child lives exclusively in one
country, that country is presumed to be the ch... More...
   $0 (11-30-2017 - OH)

Andrea Christine Folkers v. The State of Texas Court of Appeals, Ninth District of Texas at Beaumont

In her first issue, Folkers argues that the trial court abused its discretion by
allowing the State to amend the information on the day of the trial over her objection.
See Tex. Code Crim. Proc. Ann. art. 28.10 (West 2006). The Texas Code of Criminal
Procedure states that “[a]ll amendments of an indictment or information shall be
made with the leave of the court and under its d... More...
   $0 (11-27-2017 - TX)

STATE OF UTAH v. MICHAEL WADDELL JOHNSON Jury returns guilty verdict for Michael Waddell Johnson in 1998 killing

Michael Johnson was charged and tried for murder. At trial, Mr. Johnson requested an instruction for the lesser offense of homicide by assault. The trial court agreed and stated on the record that it would use the homicide by assault instruction submitted by Mr. Johnson. ¶3 The jury returned a guilty verdict on the murder charge, and Mr. Johnson appealed his conviction to the court of appeals. H... More...   $0 (11-26-2017 - UT)

Teresa Ann Hensley v. Michael Scott Price Western District of North Carolina Courthouse - Charlotte, North Carolina

Deputies Michael Price and Keith Beasley (collectively, the “Deputies”)—both employed by the Haywood County, North Carolina, Sheriff’s Department—shot and killed David Hensley outside his home on the morning of August 9, 2012. The plaintiffs—Hensley’s widow and two daughters—brought suit against the Deputies in both their individual and official capacities under 42 U.S.C. § 1983 and North Carolina... More...   $0 (11-25-2017 - NC)

LOWELL CLYDE MILNER v. STATE OF MISSOURI Sex Offender

On September 14, 2014, Movant pleaded guilty to two counts of failing to register as a
sex offender, in violation of Sections 589.400 and .425 (RSMo Cum. Sup. 2014). The court
sentenced Movant to 8 years of imprisonment, suspended execution of his sentence, and placed
him on 5 years of probation. On February 4, 2016, Movant's probation was revoked, his
sentence was executed; ... More...
   $0 (11-23-2017 - MO)

Cody Allen Waters v. The State of Texas Fight that left woman shot in head started over bathroom

At approximately 1:30 a.m. on January 24, 2014, Waters was at a restaurant and bar located
in a shopping center in north San Antonio. Waters was sitting at the bar visiting with one of the
bartenders, Jennifer Kirk. The bar was not crowded at that time; however, a group of six people,
Debbie and Jaime Arredondo, John and Yvonne Smithwick, Liliana Bergholtz, and Jeff Hoot, were More...
   $0 (11-22-2017 - TX)

GLORIA J. JACKSON, et al. v. THE UNITED STATES

In September 1889, the Georgia legislature granted the Eatonton & Machen Railroad Company a charter to “construct, lay out, maintain, equip and operate a line of railroad from the town of Eatonton, in Putnam county, to the town of Machen, in Jasper county, in this State . . . .” Pls.’ Mot. Summ. J. App. C, at C-4. The railroad’s charter incorporated Section 1689(l) of the Georgia Code, stating: <... More...   $0 (11-21-2017 - )

Garden Oaks Maintenance Organization v. Peter S. Chang and Katherine M. Chang Harris County Courthouse - Houston, Texas

This case involves the attempted enforcement of a deed restriction against building more than a single one-car or two-car garage on a property located in the Garden Oaks, Section 3, Subdivision (the “Subdivision”). Appellant Garden Oaks Maintenance Organization (“GOMO”) filed suit against appellees Peter S. Chang and Katherine M. Chang seeking a permanent injunction to have the Changs remove
2... More...
   $0 (11-15-2017 - TX)

HENRY POLK v. STATE OF MISSOURI

In October 2003, Stephen Nolte and his wife moved out of their residence at 5519 North Troost in Kansas City, and into a new home. The Troost residence needed renovations before being advertised for sale. On the evening of March 7, 2004, Nolte was working at the Troost residence. At 9:45 p.m., he told his wife that he would return to their new home shortly. Around midnight, Polk asked his wife2... More...   $0 (11-14-2017 - MO)

Joan Mullin v. Karen Balicki Third Circuit Court of Appeals - Philadelphia, Pennsylvania

A little over two years into the civil-rights suit brought by Joan Mullin (“Mullin”) over the tragic prison suicide of her son, Robert Mullin (“Robert”), Mullin’s attorney received a discovery document with the potential to reshape the case. A previously undisclosed investigative report about the night
3
Robert died contained statements by fellow New Jersey inmates about a prison guard who... More...
   $0 (11-13-2017 - NJ)

State of Ohio V. Lowell W. Ludwick Man convicted of trying to find hitman to kill his wife

On April 28, 2016, a Franklin County Grand Jury indicted Ludwick for one count of conspiracy in connection with a plot to hire someone to murder his wife. (Apr. 28, 2016 Indictment at 1-2.) A trial began in the case with jury selection on February 6, 2017. (Tr. Vol. I at 5, filed on May 15, 2017.) The three witnesses who testified during the trial were the detective who investigated the case,... More...   $0 (11-12-2017 - OH)

Patrick Dwayne Murphy v. Terry Royal Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

These matters are before the court on the respondent’s Petition for Panel
Rehearing or Rehearing En Banc. We also have responses from the petitioner and the
United Keetoowah Band of Cherokee Indians, in addition to amici curiae briefs from the
United States and The Muscogee (Creek) Nation. We also have several motions pending
seeking to file additional amici curiae briefs.
2More...
   $0 (11-10-2017 - OK)

Francisco Diaz v. Professional Community Management, Inc.

A “sharp practice” is defined as a “dealing in which advantage is taken or
sought unscrupulously.” (Webster’s 3d New Internat. Dict. (2002) p. 2088.) This is an
appeal borne of sharp practices.
Defendant Professional Community Management, Inc. (PCM), unilaterally
orchestrated the issuance of an appealable order by: (1) applying ex parte, a mere 11 days
before trial, for an orde... More...
   $0 (11-09-2017 - CA)

STATE OF NEW MEXICO ex rel. CHILDREN, YOUTH AND FAMILIES DEPARTMENT v. MICHAEL H., and IN THE MATTER OF JAYDA’MAE S. COURT OF APPEALS OF THE STATE OF NEW MEXICO

Child was born in March 2015. The New Mexico Children, Youth and Families
13 Department (CYFD) took Child into custody on April 11, 2016. CYFD then filed an
14 abuse/neglect petition on April 13, 2016 naming Mother and Father as respondents,
15 and Carlos G. (Husband) as an interested party. Based on information provided by
16 Mother, CYFD alleged that Father is the biological fat... More...
   $0 (11-08-2017 - NM)

Tammy Fernandez v. Raj Singh

Tammy Fernandes successfully sued vexatious litigant Raj Singh and his wife
Kiran Rawat individually and as trustees of the Sita Ram--or “Sitaram”--Trust (Trust), for
wrongful eviction and related claims. She obtained an award of compensatory and
punitive damages, as well as costs and attorney fees. All defendants filed a joint notice of
2
appeal through counsel. While Rawat a... More...
   $0 (11-03-2017 - CA)

JEFFREY A. HILL vs. STATE OF MISSOURI Second-degree domestic assault

Movant was charged with second-degree domestic assault, armed criminal action, third
degree assault, and two counts of third-degree domestic assault. In March 2012, a jury found
Movant guilty of second-degree domestic assault, armed criminal action, and third-degree
assault. Movant was found not guilty on two counts of third-degree domestic assault.
2
The evidence at tr... More...
   $0 (10-31-2017 - MO)

Dryden Oaks, LLC v. San Diego County Regional Airport Authority

In 2001, Michael Durkin used two limited liability companies—Dryden Oaks LLC
and Durkin-CAC Lot 24, LLC—to purchase two lots directly adjacent to the McClellan
Palomar Airport (Airport) in the City of Carlsbad, California (City). His development
plans for the two lots were initially successful despite determinations by the San Diego
County Regional Airport Authority (Authority) tha... More...
   $0 (10-23-2017 - CA)

City of Bedford v. Leah Smith Tarrant County Courthouse - Fort Worth, Texas

Appellee Leah Smith lived at The Arbors of Central Park, an apartment
complex in Bedford, Texas. In July 2015, as she was walking across the grass to
reach a sidewalk in front of her apartment, she stepped onto a manhole lid
covering a water-meter box within an easement owned by Appellant City of
Bedford. The lid flipped open, and Smith fell into the manhole and was injured.
1S... More...
   $0 (10-12-2017 - TX)

Jay Baska v. Rebecca McGuire Harris County Courthouse - Houston, Texas

Appellant, Jay Baska, challenges the trial court’s judgment in favor of appellee, Rebecca McGuire, in her suit against Baska for breach of contract and fraud. In his first through third issues, Baska contends that the statute of frauds1 bars
1 See TEX. BUS. & COM. CODE ANN. § 26.01 (West 2015).
2
McGuire’s breach-of-contract claim and, if sustained, he is entitled to a remand for
r... More...
   $0 (10-12-2017 - TX)

Earl Oldham v. O.K. Farms, Inc. Eastern District of Oklahoma Federal Courthouse - Muskogee Oklahoma

Plaintiff Earl Oldham appeals the district court’s entry of summary
judgment in favor of Defendant O.K. Farms in this contract case. Because the
district court’s ruling was based on a theory that was not raised by Defendant or
briefed by either party, we reverse and remand for further proceedings.
I.
Plaintiff has been raising chickens for O.K. Farms since 1995. On March
21... More...
   $0 (09-30-2017 - OK)

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