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Accord and Satisfaction Law
 
Doris Racher v. Ron Lusk

In this appeal, Defendant Ron Lusk raises a single issue: whether the district court erred in concluding it had personal jurisdiction over him. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
I

Eryetha Mayberry and Rachel Mary Kingsbury both died in residence at the Quail Creek Nursing Home in Oklahoma City (Nursing Home), which was owned by the Westlake Nursing Home Limit... More...
   $0 (01-01-2017 - Ok)

  STATE OF IOWA vs. PATRICK JOHN LETSCHER

On August 28, 2013, the Forest City Police Department took Patrick Letscher and another person into custody and filed a complaint accusing them of stealing a pickup truck. A magistrate set bail at $2000, cash only. Two days later, Letscher posted the bail with the clerk of court. He also signed a form entitled, “APPEARANCE BOND - WAIVER OF ARRAIGNMENT – AUTHORIZATION OF PLEAS OF GUILTY,” ostens... More...   $0 (12-31-2016 - IA)

STATE OF LOUISIANA V. TEDRICK JEWAN RICHARDSON

According to the record, in the late night/early morning hours of September
27-28, 2011, there was a series of drive-by shootings in Alexandria. One of those
shootings resulted in the death of Joe Marzette and another resulted in a gunshot
wound to the leg of Darryl White.1 Thereafter, the defendant, Tedrick Jewan
Richardson, was charged with one count of second degree murder, a vi... More...
   $0 (12-29-2016 - LA)

Belsito Communications, Inc. d/b/a 1st Responder Newspaper v. James Decker

Brian Blackden is a part-time freelance photographer who
for years has sent photos to a bunch of regional-media outlets,
including Belsito Communications, Inc. (just "Belsito" from now
on). Belsito and Blackden filed this suit alleging that New
Hampshire State Trooper James Decker violated their constitutional
rights when he seized Blackden's camera at the scen... More...
   $0 (12-29-2016 - NH)

Ronnie Jones v. City of Boston

Making their second appearance before this court are eight police officers, a police cadet, and
a provisionally hired 911 operator (collectively, the "Officers"),
who claim that they suffered adverse employment actions by the
Boston Police Department ("Department") as a result of a racially
discriminatory hair drug test. Eschewing any claim that the
De... More...
   $0 (12-29-2016 - MA)

Thomas Kopidlansky, and individual, and next friend of S.T.K., a minor, v. Guerreiro Menendez and ECH Transport, LLC

McAlester, OK - Thomas Kopidlansky, and individual, and next friend of S.T.K., a minor, sued Guerreiro Menendez and ECH Transport, LLC on auto negligence and respondeat superior theories claiming to have been injured and/or damages in a car wreck in Pittsburg County, Oklahoma caused by Menendez.

1. AUTO NEGLIGENCE

Docket
Date Code Description Count Party Amount
02-2... More...
   $50000 (12-28-2016 - OK)

STATE OF KANSAS v. COREY MONTGOMERY

This matter returns to our court upon a remand order by the Supreme Court. On January 31, 2014, our court issued a memorandum opinion in this case affirming Corey Montgomery's conviction for aggravated burglary in violation of K.S.A. 2011 Supp. 21-5807(b). See State v. Montgomery, No. 108,164, 2014 WL 349558 (Kan. App. 2014) (unpublished opinion), rev. granted and remanded 304 Kan. 1020 (2016). <... More...   $0 (12-27-2016 - KS)

Cheryl L. Pfeffer v. State of North Dakota

Pfeffer was charged with delivery of a controlled substance and convicted after a two day jury trial. During Pfeffer's sentencing hearing, the State filed certified copies of two prior criminal judgments. With these two prior offenses, the State argued Pfeffer's current conviction was a third offense, and thus subject to a 20-year mandatory minimum sentence under N.D.C.C. § 19-03.1-23(1)(a)(2). Pf... More...   $0 (12-27-2016 - ND)

STATE OF NEW MEXICO v. JADRIAN LUCERO

A few days after giving birth to Baby, Mother, who was fifteen years old at the
8 time, took the newborn home from the hospital to live with Baby’s Grandmother.
9 Defendant also moved into Grandmother’s house to help Mother. In the weeks that
10 followed, the young parents lived together and shared the responsibility of caring for
11 Baby. Defendant would help feed and bathe Baby,... More...
   $0 (12-27-2016 - NM)

Martez D. Matthews v. State of Tennessee

On April 25, 2009, the sixteen-year-old victim was shot by a stray bullet while inside her Davidson County residence. Three individuals, the Petitioner, Lorenzo Ortego Thomas, II, and Deangelo Monteze Moody, were indicted for the first degree felony murder of the victim and employing a firearm during the commission of a dangerous felony. Mr. Thomas‟s case was severed from his co-defendants... More...   $0 (12-25-2016 - TN)

Gai D. Kuot v. State of Tennessee

This case arises from the killing of the victim, which occurred in April 2010. Because of the length of the facts presented by this Court in our opinion on the Petitioner‟s direct appeal and the issues in this post-conviction appeal, we will briefly summarize the facts supporting the Petitioner‟s conviction. Kout, 2013 WL 4539020, at
The victim was a “Lost Boy” refugee from Suda... More...
   $0 (12-25-2016 - TN)

Martin Carter v. The State of Texas

Harris County Sheriff’s Office Deputy B. Garza testified that on April 19,
2015, while she was traveling in her patrol car southbound on Homestead Road in
east Houston, she saw appellant’s car, without a registration sticker on its
windshield, traveling northbound. She “made a U-turn” to get behind appellant
and initiate a traffic stop. However, appellant “quickly” changed la... More...
   $0 (12-20-2016 - TX)

STATE OF KANSAS v. MARLA J. CRIQUI

Marla Criqui worked at the Hutchinson Correctional Facility for 6 years. She was an employee of a food-service company that had a contract with the Kansas Department of Corrections to provide meals at the prison.

Sometime around June 2012, the Intelligence & Investigation office at the prison received anonymous letters accusing Criqui of having a sexual relationship with an inmate. Wh... More...
   $0 (12-19-2016 - KS)

State of Nebraska v. Joseph D. Senn , Jr.

Senn was charged in the district court for Richardson County, Nebraska, with attempted second degree murder, use of a firearm to commit a felony, two counts of terroristic threats, and carrying a concealed weapon. Following a jury trial, he was convicted of carrying a concealed weapon but was acquitted of the remaining charges. The evidence at trial established that Senn argued with Buckley Auxie... More...   $0 (12-18-2016 - NE)

STATE OF MONTANA v. DONALD L. THEELER

In September 2012, Theeler was arrested after his girlfriend reported that he had
“been beating on her all night.” The State charged Theeler in Flathead County Justice
Court with PFMApursuant to §45-5-206, MCA (2011). At that time, the statute defined
“partners,” in part, as “persons who have been or are currently in a dating or ongoing
intimate relationship with a person of... More...
   $0 (12-18-2016 - MT)

STATE OF MONTANA v. KELLY RAY MASSEY,JR

At approximately 1:00 a.m. on June 16, 2014, Trooper Lynwood Bateman
observed a sport-utility vehicle with black plastic, logo-style covers on its tail lights, and
initiated a traffic stop because the covers appeared to obscure and diminish the visibility
of the vehicle’s tail lights. During the traffic stop, Bateman observed signs that Massey
was impaired by drugs and asked h... More...
   $0 (12-18-2016 - MT)

State Of Vermont v. Albarelli

This case arises from a fight involving two groups of men that occurred on July 18,
2013, around midnight at the north end of Church Street in Burlington. As a result of the
altercation, defendant was charged with simple assault, disorderly conduct, and giving false
information to a police officer with the intent to deflect the investigation. At his jury trial on
February 3, ... More...
   $0 (12-17-2016 - VT)

STATE OF NEW JERSEY v. MARTY D. ROSS

Following a jury trial, defendant was convicted of first
degree kidnapping, N.J.S.A. 2C:13-1(b); two counts of fourth
degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); two
counts of third-degree possession of a weapon for an unlawful
purpose, N.J.S.A. 2C:39-4(d); third-degree terroristic threats,
N.J.S.A. 2C:12-3(b); third-degree criminal restraint, N.J.S.A.
... More...
   $0 (12-17-2016 - NJ)

STATE OF NEW JERSEY v. STEPHEN J. WARDENSKI

On December 17, 2013, defendant was charged with driving
while intoxicated (DUI), in violation of N.J.S.A. 39:4-50, along
with several other motor vehicle violations. On August 7, 2014,
a municipal court judge found defendant guilty of DUI. All
additional summonses were dismissed pursuant to a finding of guilty
under N.J.S.A. 39:4-50, subject to being reopened in the eve... More...
   $0 (12-17-2016 - NJ)

STATE OF NORTH CAROLINA v. JACOB MARK SPIVEY

In this case we decide whether an indictment charging defendant with injury
to real property “of Katy’s Great Eats” is fatally flawed because it does not specifically
identify “Katy’s Great Eats” as a corporation or an entity capable of owning property.
An indictment for injury to real property must describe the property in sufficient
detail to identify the parcel of real prop... More...
   $0 (12-15-2016 - NC)

STATE OF NORTH CAROLINA v. GARY MAURICE WALTERS

On the evening of 17 August 2005, Paul Franklin began a two-day period of
repeatedly buying and using cocaine, during which he was introduced to, and
purchased cocaine from, defendant. After Franklin ran out of money while staying at
the Redwood Inn in Lumberton, North Carolina, he allowed defendant to use his
vehicle, a gray Ford Windstar van, in exchange for more cocaine. Th... More...
   $0 (12-15-2016 - NC)

STATE OF NORTH CAROLINA v. DEMARIO LAMONT SNEAD

This case is about whether the State properly authenticated a surveillance
video showing defendant stealing shirts from a Belk Department Store (Belk) and
whether a witness’s lay opinion testimony based on that video was admissible. By
presenting evidence that the video surveillance system was reliable and that the
video presented at trial had not been altered, the State prope... More...
   $0 (12-15-2016 - NC)

STATE OF NORTH CAROLINA v. ROBERT BISHOP

During the 2011-2012 school year, defendant and Dillion Price were students
at Southern Alamance High School. Starting in the fall of 2011, some of Price’s
classmates began to post negative pictures and comments about Price on Facebook,
including on Price’s own Facebook page. In September 2011, a male classmate posted
on Facebook a screenshot of a sexually themed text message... More...
   $0 (12-15-2016 - NC)

STATE OF NORTH CAROLINA v. CHARLES ANTHONY McGRADY

Defendant and his cousin Mr. Shore lived in mobile homes across the street
from each other in Hays, North Carolina. Various other members of their family also
lived nearby. The two men had a combative history, having engaged in multiple
verbal and physical altercations. Defendant testified that, on the evening of
19 December 2011, Mr. Shore threatened to kill defendant and h... More...
   $0 (12-15-2016 - NC)

The State of New Hampshire v. Jamie F. Letarte Sex Offender

The jury could have found the following facts. The defendant is the biological father of the victim. The charges stem from an incident that occurred in February 2012. The victim, who was then approximately 13 years old, was having a friend sleep at her house. The victim and her friend became intoxicated on alcohol that the defendant had provided them. When the victim woke up in the early morn... More...   $0 (12-14-2016 - NH)

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