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Accord and Satisfaction Law
 
STATE OF NEW JERSEY VS. THOR T. FREY

We discern the following facts and procedural history from
the record. On the morning of August 18, 2006, the body of
seventy-five year old Mary Bostian was found in a bedroom of her
home in Phillipsburg, New Jersey. Her hands and feet were bound
with cords. An autopsy subsequently revealed that she suffered
blunt force trauma to many parts of her body, bruising on her More...
   $0 (04-22-2016 - NJ)

STATE OF NEW JERSEY v. CHAD BIVINS

In this appeal, we are called on to determine whether a
warrant -- authorizing the search of a residence suspected to be
involved in drug-trafficking activity and “all persons present”
-- supported the off-premises search of two individuals found in
a car several houses down the street from the target residence.
Because the State did not provide adequate proof that those ... More...
   $0 (04-22-2016 - NJ)

State of Maine v. Carter McBreairty

Viewed in the light most favorable to the jury’s verdict, the jury
rationally could have found the following facts, which are supported by competent
evidence, beyond a reasonable doubt. See State v. Jones, 2012 ME 88, ¶ 7,
46 A.3d 1125.
[¶3] In June 2012, a game warden investigator went to the Allagash as part
of an undercover investigation designed to make contact wi... More...
   $0 (04-21-2016 - ME)

The State of New Hampshire v. Joseph Kuchman

The defendant, Joseph Kuchman, appeals decisions of the Superior Court (Lewis and Brown, JJ.) related to his conviction by a jury on one count of first degree assault. See RSA 631:1, I (2007). The defendant argues that the trial court erred when it denied his request for a bill of particulars, denied his multiple motions for a mistrial, and admitted evidence of a telephone conversation. For th... More...   $0 (04-21-2016 - NH)

Max Nicholson v. State of Indiana

In the summer of 2002, Nicholson met Eber while attending a real estate
conference in Florida. Eber lived in Rochester, Indiana, and at that time
Nicholson was living in West Virginia.3 A couple of months prior to their
meeting, Eber had inherited a parcel of real estate in Indiana and another in
Mississippi; each included a residence on the real property. She also inherite... More...
   $0 (04-21-2016 - IN)

ROGER DAVIS v. THE OKLAHOMA DEPARTMENT OF CORRECTIONS

Davis was convicted in Indiana on October 8, 1997, and sentenced to five years in prison for the crime of "Lewd or Indecent Proposals/Acts to a Child." That crime is one requiring registration with the Department of Corrections by any person subject to the Registration Act. 57 O.S. Supp. 2010 § 582.2 After serving less than two years of his Indiana sentence, Davis was released from prison. He ente... More...   $0 (04-20-2016 - OK)

STATE OF KANSAS v. BRAD L. GILCHRIST

Gilchrist and the State entered into a plea agreement by which the parties settled three separate criminal cases pending against Gilchrist. The State dismissed one case in its entirety. In case 14 CR 59, Gilchrist pled guilty to an amended charge of aggravated battery, a severity level 7 person felony. In case 14 CR 195, Gilchrist pled guilty to a misdemeanor violation of a protection order. T... More...   $0 (04-19-2016 - KS)

STEPHEN MICHAEL SCHICKE v. STATE OF KANSAS

Stephen Michael Schicke sought habeas corpus relief under K.S.A. 60-1507 from the district court, claiming that because his lawyer failed to communicate with him, a favorable plea offer from the county attorney expired. Schicke claimed this failure to communicate denied him the opportunity to accept the offer. The district court denied Schicke's motion. Because the record reveals that Schicke and... More...   $0 (04-19-2016 - KS)

Ari Weitzner v. Sanofi Pasteur Inc

Federal Rule of Civil Procedure 68 permits defendants to serve an offer of judgment on an opposing party. The issue in this case, before us on interlocutory appeal from the denial of a motion to dismiss, is whether an unaccepted offer of judgment under Rule 68, made before a plaintiff files a motion for class certification under Federal Rule of Civil Procedure 23, moots the plaintiff’s entire acti... More...   $0 (04-18-2016 - PA)

State of Tennessee v. Thomas Lee Hutchison

The following evidence was presented to the jury at trial. On February 20, 2002, at approximately 1:19 a.m., an operator with the Knox County Emergency Communications District received a call from Mr. Gene Mitchell regarding an incident at the Defendant‘s home. Knoxville Police Department (KPD) Officer Josh Shaffer was nearby and responded to the call at approximately 1:23 a.m. When he arrived ... More...   $0 (04-17-2016 - TN)

State of Tennessee v. William Whitlow Davis, Jr.

The Defendant was charged in August 2010 with two alternative counts of driving under the influence and one count of failing to drive within a single lane in violation of Tennessee Code Annotated section 55-8-123 (2008). The Defendant filed a motion to suppress on the basis that his traffic stop was unconstitutional. At the ensuing hearing, held in August 2013, the following proof was adduced: ... More...   $0 (04-17-2016 - TN)

State of Tennessee v. Linzey Danielle Smith

The Defendant was charged in July 2013 with two alternative counts of driving under the influence. The Defendant filed a motion to suppress on the basis that her traffic stop was unconstitutional. At the ensuing hearing, held in October 2013, the following proof was adduced: Trooper Chuck Achinger of the Tennessee Highway Patrol testified that, at approximately 3:00 a.m. on December 6, 2012, he ... More...   $0 (04-17-2016 - TN)

STATE OF NEW JERSEY VS. DEMETRIUS MIDDLETON

In 1999, defendant Demetrius Middleton was tried by a jury
and convicted of murder and weapons offenses.1 The judge
sentenced him to a fifty-year term of imprisonment, with an 85%
period of parole ineligibility under the No Early Release Act
(NERA), N.J.S.A. 2C:43-7.2. We affirmed defendant's convictions
on appeal, but remanded for re-sentencing because, at the time, More...
   $0 (04-16-2016 - NJ)

STATE OF LOUISIANA V. CALVIN HAYES

On March 23,2012, the Jefferson Parish District Attorney filed a bill of
information charging defendant, Calvin Hayes, with one count of theft of property
valued over $1,500.00, in violation of La. R.S. 14:67 (count one); one count of
theft of a motor vehicle valued over $1,500.00, in violation of La. R.S. 14:67.26
(count two); one count of carjacking, in violation of La. R.S. ... More...
   $0 (04-15-2016 - LA)

KIMBERLY MOE V. ALLSTATE INSURANCE COMPANY, ET AL.

Approximately fourteen years ago, on May 20, 2002, plaintiff Kimberly
Moe was injured in a two-car automobile accident. Ms. Moe initially hired
attorney Allen Borne, Jr., to represent her in connection with this accident. In
September, 2002, about four months after hiring Mr. Borne, Ms. Moe discharged
him and hired new counsel, Darryl Carimi. On October 21, 2002, Mr. Carimi ... More...
   $0 (04-15-2016 - LA)

STATE OF LOUISIANA V. COREY J. LADD

The facts surrounding the defendant’s conviction and initial sentence are
detailed in State v. Ladd, 2013-1663, p. 2 (La. App. 4 Cir. 7/2/14), 146 So.3d 642,
643. As stated in that case, “The defendant was arrested on August 25, 2011,
pursuant to a traffic stop wherein it was discovered that he (a passenger) was in
possession of a plastic baggie containing marijuana tucked int... More...
   $0 (04-15-2016 - LA)

STATE OF LOUISIANA V. CHRISTOPHER J. WELLS

Christopher Wells shot and killed Brandon ―Big Herb‖ McCue. Charged
with second degree murder, Mr. Wells claimed before the jury that he acted in self
defense. A unanimous jury convicted him of manslaughter, an authorized
responsive verdict. The trial judge imposed a sentence of twenty-five years. Mr.
Wells appeals both his conviction and his sentence. He assigns... More...
   $0 (04-15-2016 - LA)

Joshua Michael Long v. The State of Texas

Long was charged by indictment with four counts of possession of child
pornography, a third-degree felony. See Tex. Penal Code Ann. § 43.26(a) (West Supp. 2015).2 On February 4, 2014, Long entered pleas of guilty to all four counts. On May 23, 2014, the trial court found the evidence sufficient to find Long guilty on each count, but the court deferred further proceedings without entering an <... More...
   $0 (04-14-2016 - TX)

Kevin Johnson v. The State of Texas

On January 31, 2011, Johnson was indicted on two counts of felony possession of a
controlled substance with intent to deliver. The indictment contained two prior felony
enhancement allegations. On October 14, 2011, in exchange for a plea of guilty, the State waived
both enhancement paragraphs and made a punishment recommendation capping Johnson’s
punishment at twelve-years’ c... More...
   $0 (04-13-2016 - TX)

Jesse Garza v. The State of Texas

On July 24, 2015, Garza appeared before the trial court on a felony information. Garza
agreed to several waivers, including waiving an indictment, the reading of the information, and
presentation to a grand jury. Garza also affirmed he desired to waive his right to trial by jury, right
to confront witnesses, and right against self-incrimination. The trial court approved the waive... More...
   $0 (04-13-2016 - TX)

Vicente Saldana v. The State of Texas

Saldana was indicted for four counts of sexual assault of a child and four counts of
aggravated sexual assault of a child. He pled not guilty to each count, and the case proceeded to a
trial by jury, which found him guilty on all counts. The trial court imposed punishments of forty
five years’ confinement for each aggravated sexual assault conviction and twenty years’
confinemen... More...
   $0 (04-13-2016 - TX)

State of Nebraska v. Shannon K. Bond

On January 21, 2014, Bond was charged by information in the district court for Hall County with possession of methamphetamine. In a separate information filed in the district court for Hall County on the same date, Turner was charged with possession of methamphetamine, possession of drug paraphernalia, and possession of 1 ounce or less of marijuana. Bond’s and Turner’s offenses allegedly occurred ... More...   $0 (04-13-2016 - NE)

State of Nebraska v. Paul J. Turner

On January 21, 2014, Turner was charged by information in the district court for Hall County with possession of a
- 899 Decisions of the nebraska court of appeals 23 nebraska appellate reports STATE v. TURNER Cite as 23 Neb. App. 897 methamphetamine (count I), possession of drug paraphernalia (count II), and possession of 1 ounce or less of marijuana (count III). In a separate information fil... More...
   $0 (04-13-2016 - )

In the Matter of the Termination of Parental Rights To HLL and KGS, Minor Children: CLB v. State of Wyoming, Department of Family Services

Mother has had six children, but currently has custody of none of them. Her first child died at fourteen months from blunt force trauma to the head. Mother was convicted of third degree felony child abuse for her role in that tragedy. Mother’s rights to her second child were either relinquished or terminated, so far as we can tell from the record. Rights to her third and fourth children were ... More...   $0 (04-13-2016 - WY)

The Providence Journal Company et al. v. The Rhode Island Department of Public Safety, by and through Peter Kilmartin, Attorney General et al.,

The travel of the case is easily sketched. On May 28, 2012, Caleb Chafee (Caleb), the
son of then-Governor Lincoln Chafee, hosted a party on property owned by the then-Governor,
during which some underage attendees consumed alcohol. At some point, an underage female
left the party and, shortly thereafter, she was taken to a local hospital for alcohol-related illness. As a result,... More...
   $0 (04-12-2016 - RI)

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