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Abatement Law
Landon Omodia v. The State of Texas Court of Appeals First District

Without agreed punishments recommendations from the State, appellant,
Landon Omodia, pleaded guilty to three separate felony offenses of aggravated
robbery with a deadly weapon1 in trial court cause numbers 1394248, 1394249, and
1398656, and the state-jail-felony offense of criminally negligent homicide2 in trial
court cause number 1418622. The trial court accepted appellant’s... More...
   $0 (05-19-2017 - TX)

Rahmatullah Basha Syed v. Khadija Masihuddin

Appellant, Rahmatullah Basha Syed, appeals the trial court’s final decree of divorce terminating his marriage to appellee, Khadija Masihuddin. In three issues, Syed challenges the portion of the trial court’s decree finding that deviating from the standard possession order was in his minor children’s best interest and ordering
that he have possession of or access to the children on the S... More...
   $0 (05-18-2017 - TX)

Employee Solutions McKinney, L.L.C. v. Michael Wilkerson

In this interlocutory appeal, appellants Employee Solutions McKinney, LLC, ESI/Employee Solutions, L.P., and ESI General, LLC challenge two trial court orders denying motions to compel arbitration. Because the arbitration agreement at issue delegated questions of arbitrability to the arbitrator, we reverse the trial court’s orders denying the motions to compel and remand this case to the trial cou... More...   $0 (05-15-2017 - TX)

State of Ohio v. Renisha C. Arrington Ohio Sixth District Court of Appeals

The facts of this case are as follows. On December 18, 2015, a complaint
was filed in Sandusky County Municipal Court charging appellee with identity fraud. A
warrant was issued and appellee was arrested on the same date. Appellee was discharged
from custody on December 23, 2015. On that date, appellee executed a speedy trial
{¶ 3} On February 24, 2016, appell... More...
   $0 (05-13-2017 - OH)

State of Ohio v. Adrian Hall Ohio Sixth District Court of Appeals

On July 3, 2015, appellant was captured on surveillance video breaking into
a salon and a popcorn shop. Both businesses reported he stole cash and damaged

{¶ 4} On September 30, 2015, appellant was indicted on two counts of breaking
and entering in violation of R.C. 2911.13(A), felonies of the fifth degree; two counts of
theft in violation of R.C. 2913.02(A... More...
   $0 (05-13-2017 - OH)

James Raymond Clary, as Personal Representative v. City of Crescent City

John Diehl, while a resident of Washington State, owned eight vacant lots in
Crescent City, California (City).
Diehl appeals from the superior court‘s denial of his
petition for a writ of administrative mandate, brought under Code of Civil Procedure
section 1094.5. Diehl‘s writ petition challenged the City‘s determinations that the
overgrown weeds and rubbish on his lots... More...
   $0 (05-02-2017 - )

Noreen Passmore and Clifford Passmore v. James W. McCarver, M.D., et al.

¶1 The superior court dismissed appellants’ medical malpractice
action without prejudice for failure to serve preliminary expert affidavits
under A.R.S. § 12-2603. Appellants then sought to refile the action under
Arizona’s “savings statute,” A.R.S. § 12-504, but the court found that relief
was not available under that statute and dismissed the claims with
prejudice. We affirm.... More...
   $0 (04-06-2017 - AZ)

Long Canyon Phase II and III Homeowners Association, Inc. v. Chris Cashion and Lisa Cashion

Long Canyon Phase II and III Homeowners Association, Inc. (“the HOA”) appeals
from an interlocutory order denying its motion to dismiss a suit by Chris and Lisa Cashion. The
parties have for several years disputed whether the Cashions’ alleged landscaping activities in a
drainage easement violate the HOA’s rules. After the HOA sent the Cashions a notice of intent to
sue for non-com... More...
   $0 (03-12-2017 - T)

Josephine Douglas-Peters v. Cho, Choe & Holden, P.C.

Josephine Douglas-Peters1 appeals the trial court’s final judgment in favor of Forest Law, P.C. d/b/a Cho, Choe & Holen, P.C.,2 as assignee of Choe, Holen, Yoo & Burchfiel, P.C.,3 on its claim against Douglas-Peters for breach of a legal representation retainer agreement and awarding it $90,453.21 in damages. Douglas-Peters raises four issues on appeal, arguing: (1) the evidence is legally and fac... More...   $0 (03-03-2017 - TX)

Kenneth A. Thomas v. Wasco County

Petitioner Kenneth Thomas appeals from judgments
of the circuit court dismissing his petition for a writ
of review and his second amended complaint seeking a
declaratory judgment.1 The proceedings arise out of petitioner’s
objections to an order of the Wasco County Board
of Commissioners granting a permit for an “outdoor mass
gathering” to petitioner’s neighbor. ORS 433.750... More...
   $0 (03-01-2017 - OR)

Gerald H. Phipps, Inc. v. Travelers Property Casualty Company of America, Inc.

After water damaged a building it was renovating, Gerald H. Phipps, Inc.,
d/b/a GH Phipps Construction Company, (“GHP”) sought coverage under its
builders’ risk insurance policy. GHP’s insurer, Travelers Property Casualty Company
of America (“Travelers”), denied the claim, and GHP sued for breach of contract,
common law bad faith, and statutory bad faith. GHP also sought a declarat... More...
   $0 (02-17-2017 - CO)

James Brand v. Shaunte Degrate-Greer

This case involves a landlord-tenant dispute. In eight issues, Appellant
James Brand appeals the judgment rendered by the trial court in the suit brought
against him by his former tenant, Appellee Shaunte Degrate-Greer (Degrate-
Greer), for breach of contract and for violations of the property code. Because
we hold that Brand was legally entitled to withhold $129 of Degrate-Greer’s... More...
   $0 (02-09-2017 - TX)

Andre-Marco Nmn McIntosh v. The State of Texas

In two indictments and two judgments, Andre-Marco McIntosh was charged and
convicted of Continuous Sexual Abuse of a Child. See TEX. PENAL CODE ANN. § 21.02
(West 2011). He pled guilty, without the benefit of a plea bargain, to both charges and
punishment evidence was presented in one hearing before the trial court. McIntosh was
sentenced to life in prison for each offense a... More...
   $0 (01-19-2017 - TX)

State of Nebraska v. Felix Arizola

On June 18, 2014, at approximately 11:46 p.m., Officer Joseph Villamonte of the Lincoln Police Department observed
a vehicle driving westbound in the 3600 block of Adams Street. Villamonte ran the license plate number through the police department’s information system to check for suspension or warrants. The license plate was registered to Arizola, who had been cited while driving the vehicle ... More...
   $0 (01-10-2017 - NE)

State of Nebraska v. Dustin Chauncey

On July 11, 2008, police officers responding to a call to a house in Gering, Nebraska, found the body of 2-year-old Juliette Geurts. Juliette had lived in the house with her twin sister, Jaelyn Geurts; their mother, Charyse Geurts; and Chauncey, who was Charyse’s boyfriend. Charyse’s ex-boyfriend, Brandon Townsend, also lived in the house. When the first police officer entered the house, she saw C... More...   $0 (01-10-2017 - NE)

John Robert Coulter v. The State of Texas Sex Offender

Appellant was charged with the aggravated sexual assault of a three-year-old
child. His case was called to trial on December 9, 2014. At trial, the State filed a
motion requesting that the child, who was five years old by the time of trial, be
allowed to testify via closed-circuit television. After a hearing regarding the effect
that testifying before appellant would have on... More...
   $0 (12-19-2016 - TX)

Clarence G. Fisher, Jr. v. The State of Texas

Appellant sought to appeal his conviction for aggravated assault with a
deadly weapon. See Tex. Penal Code Ann. § 22.02(a)(2) (West 2011). On
October 25, 2016, Appellant’s counsel filed a motion for permanent abatement
informing us that Appellant passed away on September 16, 2016. On November
12, 2016, Appellant’s counsel filed a letter from the Texas Department of
Crim... More...
   $0 (12-10-2016 - TX)


BoDe Tower is an Oklahoma limited liability company which owns a tract of land in the Gooseneck Bend area of Muskogee County. The property lies less than three miles outside of the City of Muskogee near a sharp meander in the Arkansas River. In 2009, BoDe Tower began the process of securing authorization from state and federal officials for the construction of a telecommunications tower on the tra... More...   $0 (12-08-2016 - OK)

State of Nebraska v. Rosario Betancourt-Garcia

On November 15, 2003, officers of the Madison Police
Department responded to a call and found a young man who
had been bound and gagged. After the young man related that
Betancourt had kidnapped him, the Madison Police Department
conducted an immediate search for Betancourt, but did not
find him.
On November 17, 2003, the Madison County Court issued
warrants for the arr... More...
   $0 (12-07-2016 - NE)

James Euldy Serrell, III v. The State of Texas

On September 22, 2016, we abated this appeal. In our abatement order,
we explained that the trial court’s original certification of appellant’s right to
appeal was incorrect because it stated that he had not entered into a plea 1See Tex. R. App. P. 47.4.
bargain. We further explained that appellant had entered into a plea bar... More...
   $0 (11-29-2016 - TX)

Marcos Daniel Jimenez v. The State of Texas

On April 5, 2013, friends Angela Mendoza and Christopher Burnett met at a
carwash in La Marque, Texas around 11:00 p.m. to talk and catch up. Mendoza
was driving a green Chevrolet Avalanche and Burnett was driving a white
Chevrolet Malibu. Once they both arrived at the car wash, Mendoza got out of her
Avalanche and into Burnett’s Malibu. Mendoza sat in the passenger seat while ... More...
   $0 (11-14-2016 - TX)

United States of America v. Isaac Cole

Seattle, WA - Owner and Operator of Asbestos Removal Training Course Pleads Guilty to Providing False Certifications -
Defendant Admits He Provided Certifications for those who Never Took Course

The owner of a company that provided federally-mandated training for construction firms working with asbestos pleaded guilty to falsifying documents as part of a scheme to violate the Asbesto... More...
   $0 (10-16-2016 - WA)

John Charles Terry v. The State of Texas

Appellant John Charles Terry was convicted of driving while intoxicated and
sentenced to ten days in jail. His counsel filed a notice of appeal but did not timely file a brief. This
Court abated the appeal and remanded to the trial court for a hearing to determine why counsel had
not filed a brief. Tex. R. App. P. 38.8(b)(2), (3).
At the hearing, counsel introduced three documen... More...
   $0 (09-14-2016 - TX)

Devin Keith Cutler v. The State of Texas

On November 9, 2015, a jury found Appellant guilty of the offense of DWI
Misdemeanor Repetition, and the trial court assessed his punishment at 180
days’ confinement in the Tarrant County Jail and a fine of $500. The trial court
suspended Appellant’s sentence and placed him on community supervision for
twenty-four months. On the same date, November 9, 2015, Appellant filed a <... More...
   $0 (09-12-2016 - TX)

State of Nebraska v. Tracy N. Parnell

On October 30, 2012, at around 8:14 p.m., Eriana Carr and Nakia Johnson were shot outside of Carr’s residence in Omaha, Nebraska. Carr was shot twice and died from her injuries. Johnson was shot 11 times and survived. Johnson told investigators that the shots came from “a blue Nissan Altima with a messed up front bumper.” She did not see the shooter.
2. Threat
During a pretrial hearing, Jo... More...
   $0 (09-01-2016 - NE)

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