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Abatement Law
 
The State of Texas v. Jeffrey Don Grays MoreLaw Receptionist Services Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

A trial court must state its essential findings upon the request of the losing party
on a motion to suppress. State of Tex. v. Saenz, 411 S.W.3d 488, 495 (Tex. Crim. App. 2013).
“Essential findings” are the “findings of fact and conclusions of law adequate to provide an appellate
court with a basis upon which to review the trial court’s application of the law to the facts.” Id.
W... More...
   $0 (09-13-2018 - TX)

Harmun Takhar v. The People ex rel. Feather River Air Quality Management District

This appeal challenges the trial court’s denial of a special motion to strike
pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute,1 directed at a
cross-complaint asserting causes of action arising from a civil enforcement action
brought by Feather River Air Quality Management District against Harmun Takhar for
multiple violations of state and local air pollut... More...
   $0 (09-13-2018 - CA)

Allison Scott Shaw v. The State of Texas

Appellant’s brief was originally due July 11, 2018. On July 20, 2018, this Court sent a notice to appellant informing him that his brief was overdue and that a failure to file a satisfactory response by July 30, 2018, would result in the referral of this case to the trial court for a hearing under Rule 38.8(b) of the Texas Rules of Appellate Procedure. The appeal is abated and remanded to t... More...   $0 (09-01-2018 - TX)

Derek Dale Porter v. The State of Texas

This is a “he said, she said” family violence case. Around 2012, Shirley met Porter, and they began dating. Their relationship ended in late 2015, but it did not 2 The Texas Supreme Court transferred this appeal from the Court of Appeals for the Third District of Texas. Misc. Docket No. 17-9066 (Tex. June 20, 2017); see TEX. GOV’T CODE § 73.001 (... More...   $0 (08-31-2018 - TX)

Terry Martin v. Behr Dayton Thermal Products, LLC Southern District of Ohio Courthouse - Cincinnati, Ohio

This toxic tort class action case arises from
Defendants’ alleged contamination of the groundwater in the McCook Field neighborhood of
Dayton, Ohio. Plaintiffs own properties in McCook Field, which is a low-income area
surrounding a Superfund site. They allege that Defendants released volatile organic compounds
and other hazardous substances into the groundwater underlying their pr... More...
   $0 (08-26-2018 - OH)

STATE OF OHIO -vs- DALTON G. SMITH

The following facts are adduced from the record of the bond revocation hearing on July 11, 2017 and the bench trial of August 3, 2017. {¶3} Appellant was age 87 at the time of these offenses. He met the victim, Jane Doe, when she volunteered at a church where he was the minister. The two have never had a romantic relationship and Doe does not want a romantic relationship with appellant. Doe... More...   $0 (08-13-2018 - OH)

Dylan Andrew Quick v. The State of Texas

Appellant was a student at Lone Star College. On the date of the offenses, appellant’s mother dropped him off at the campus before his scheduled class. Appellant brought with him an Exacto knife1 and other sharp implements. Instead of attending his scheduled class, appellant walked around campus. According to appellant’s counsel, appellant walked to try to quell his compulsive thoughts about h... More...   $0 (08-03-2018 - TX)

Christopher Shane Eudy v. The State of Texas MoreLaw Performance Marketing If It Does Not Work, It Is Free!

This Court’s June 28, 2018 Order of Abatement had abated this case for a late
brief abatement hearing. See TEX. R. APP. P. 38.8(b)(2). Appellant, Christopher
Shane Eudy, has filed a motion to dismiss this appeal in compliance with Texas Rule
of Appellate Procedure 42.2(a).1 Although the motion does not contain a certificate
of conference, it contains a certificate of service ... More...
   $0 (08-02-2018 - TX)

Taryn Nishiki v. Danko Meredith, APC

When an employee resigns without notice, California law requires the employer to
pay all wages within 72 hours. (Lab. Code § 202, subd. (a)1
.) If the employer willfully
fails to do so, the employee’s wages continue as a penalty from that due date until the
wages are paid, for up to 30 days. (§ 203.) This case considers an award of these
“waiting time” penalties, as well as an ... More...
   $0 (08-02-2018 - CA)

State of Vermont v. Lucas Dwight

Defendant Lucas Dwight appeals the trial court’s restitution order requiring him to pay dental expenses resulting from defendant’s conviction for simple assault. Defendant raises two main issues: (1) whether the court erred in awarding restitution for expenses that complainant’s father paid on complainant’s behalf; and (2) whether the ordered repayment schedule, which considered defendant’s e... More...   $0 (08-01-2018 - VT)

Derek Dale Porter v. The State of Texas

This is a “he said, she said” family violence case. Around 2012, Shirley met
Porter, and they began dating. Their relationship ended in late 2015, but it did not
end on good terms. After the breakup, Shirley obtained a protective order enjoining
Porter from contacting her, and she moved in with a friend, Gerard Nance.
One day, shortly after the protective order expired, Porter ... More...
   $0 (07-28-2018 - TX)

CITY OF TAUNTON, MASSACHUSETTS v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529 .

It is useful to begin with an overview of the legal
landscape that is relevant to this appeal. The Clean Water Act
(CWA) prohibits the "discharge of any pollutant" unless that
discharge complies with NPDES permit requirements. 33 U.S.C.
§§ 1311(a), 1342. The EPA is responsible for issuing NPDES
permits unless a state agency is authorized to do so. Id.
§ 1342(a)-(c... More...
   $0 (07-10-2018 - MA)

Kohner Properties, Inc. v. Latasha Johnson Missouri Supreme Court - Jefferson City, Missouri

Latasha Johnson appeals a judgment entered in favor of Kohner Properties, Inc., in a rent-and-possession action. She argues the circuit court erroneously barred her from asserting the implied warranty of habitability as an affirmative defense and counterclaim because she remained in possession of the premises without depositing her unpaid rent to the circuit court in custodia legis, which is “trad... More...   $0 (07-03-2018 - MO)

State of Wisconsin v. Michael L. Cox

In the early hours of March 14, 2015, Mr. Cox drove
approximately three miles on the wrong side of a Milwaukee-area
highway, which also put him on the wrong side of the law. Mr.
Cox evaded one squad car, but others eventually intercepted him
and brought him to a halt. With bloodshot and glassy eyes, and
smelling strongly of alcohol, Mr. Cox unsteadily emerged fro... More...
   $0 (06-18-2018 - WI)

Willie Harrington v. Ozark Waffle, L.L.C. District of Colorado Federal Courthouse - Denver, Colorado

Plaintiff-Appellant Willie Harrington sued Defendant-Appellee Ozark Waffles,
L.L.C. (“Ozark”) in state court alleging employment discrimination. Construing the
claim as based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.,
Ozark removed the case to federal district court. Based on Mr. Harrington’s failure to
prosecute, the district court dismissed the case... More...
   $0 (05-29-2018 - CO)

Jonathan Ashley Butler v. The State of Texas

One day in February 2016, M.P. (Mother) informed Pedro Soltero, a
detective with the Grapevine Police Department, of her concern that her nine
year-old daughter A.M. (Amy) was engaged in improper communications with
Butler.3 Mother told Detective Soltero that she had found flirtatious text
messages between Amy and Butler, who was the father of one of Amy’s friends.
Mother... More...
   $0 (05-28-2018 - TX)

Damian Stinnie v. Richard D. Holcomb Western District of Virginia Federal Courthouse - Roanoke, Virginia

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. Plaintiffs Damian Stinnie, Demetrice Moore, Robert Taylor, and Neil Russo owe court debts and, because of their inability to pay, have had their licenses suspended. They all... More...   $0 (05-24-2018 - VA)

Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

David Grantham v. The State of Texas Tenth Court-Appeals

David Grantham appeals from a conviction for the offense of engaging in
organized criminal activity, for which he was sentenced to twenty-seven (27) years in
prison after pleading true to two enhancements. TEX. PENAL CODE ANN. §§ 71.02, 12.42(d)
(West 2011). Grantham complains that his plea was not voluntary because he was not
properly admonished on the appropriate range of p... More...
   $0 (05-11-2018 - TX)

STATE OF OHIO vs. SHANNON L. HORSLEY JR

Appellant was indicted on August 22, 2014 on five counts of
rape, all felonies of the first degree and in violation of R.C.
2907.02(A)(1)(b) and 2907.02(B). Count one alleged Appellant raped a
Scioto App. No. 16CA3787 3
child, age ten, between the time periods of August 1, 2012 and October 29,
2012. Count two alleged Appellant raped a child, age ten, between the time
... More...
   $0 (04-26-2018 - OH)

Ex parte Andre Jackson

Appellant was arrested for evading arrest or detention with a vehicle on July 30, 2016,
and his bail was set at $10,000. He was released on a personal bond on July 31, 2016. On
August 11, 2016, the Travis County grand jury returned an indictment against appellant for evading
arrest or detention with a vehicle. Three months later, on November 29, 2016, appellant was arrested
for ... More...
   $0 (04-05-2018 - TX)

Hung Dasian Truong v. The State of Texas

Appellant, Hung Truong, timely filed a notice of appeal from the trial court’s
May 1, 2017 order of recommitment to inpatient treatment following a verdict of
acquittal by reason of insanity of the offense of manslaughter under trial court cause
number 1172979. See TEX. CODE CRIM. PROC. ANN. art. 46C.261 (West 2006) (“the
2017 appeal”). Appellant had previously appealed a sim... More...
   $0 (04-05-2018 - TX)

Billy Richard Glaze vs. State of Minnesota

In 1989, following a jury trial, Billy Richard Glaze was convicted of multiple counts
of first degree-murder during a sexual assault and second-degree intentional murder for the
deaths of three Native American women. The three women had each been beaten to death
and were left naked and posed with large sticks protruding from their vaginas. The bodies
were discovered at differ... More...
   $0 (03-24-2018 - MN)

David Anthony Wagner v. The State of Texas

Appellant, David Anthony Wagner, timely filed a notice of appeal from the
trial court’s judgment adjudicating guilt, signed on August 17, 2017.1 See TEX. R.
1 The Texas Supreme Court transferred this appeal from the Third Court of Appeals to this Court pursuant to its docket equalization powers. See TEX. GOV’T CODE ANN. § 73.001 (West 20... More...
   $0 (03-24-2018 - TX)

Luis Felipe Fierro v. The State of Texas Texas First District Court of Appeals

This Court’s October 26, 2017 Memorandum Order of Abatement had granted
the parties’ joint motion to abate this appeal and remanded to allow appellant, Luis
Felipe Fierro, to file a counseled out-of-time motion for new trial. On November
20, 2017, appellant filed a motion for new trial, which was granted on January 8,
2

2018. On January 18, 2018, appellant filed a ... More...
   $0 (03-23-2018 - TX)

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