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Accord and Satisfaction Law
 
Dale Thomas Burns v. The State of Texas

Dale Thomas Burns appeals his conviction for unlawfully possessing body armor.
His three issues involve the sufficiency of the evidence, the admission of an audio
recording, and the trial court’s decision to permit the jury to view a transcription of
excerpts from the aforementioned recording. The recording occurred after appellant
was arrested and while he awaited transport ... More...
   $0 (04-02-2016 - TX)

State of Nebraska v. Dylan Cardeilhac

In February 2014, when he was 15 years old, Cardeilhac was being detained in the juvenile section of the Scotts Bluff County Detention Center (SBCDC) awaiting trial on charges which included one count of robbery. At around 2 a.m. on February 14, Amanda Baker, a correctional officer employed at SBCDC, was performing a bed check in the juvenile males section of the facility. Videos from SBCDC show t... More...   $0 (04-01-2016 - NE)

Richard J. Redding v.The State of Wyoming

On the evening of December 26, 2014, Mr. Redding was intoxicated and arguing with his wife. In an effort to calm himself and prevent the dispute with his wife from escalating, he called law enforcement. Officers Ableman and Coates of the Douglas, Wyoming Police Department responded to the call. Mr. Redding told the officers his wife had been yelling at him and causing problems, and he asked tha... More...   $0 (04-01-2016 - WY)

STATE OF NEW JERSEY v. SAMUEL RODRIGUEZ

Defendant Samuel Rodriguez appeals his conviction,
following a trial de novo, of driving while intoxicated (DWI),
N.J.S.A. 39:4-50, and refusal to submit to a chemical breath
test (refusal), N.J.S.A. 39:4-50.2. Having considered
defendant's arguments in light of the facts and applicable law,
we affirm substantially for the reasons set forth in the Law
Division judge'... More...
   $0 (04-01-2016 - NJ)

Darling's Auto Mall v. General Motors LLC

Viewed in the light most favorable to the jury’s verdict, the evidence in
the record supports the following facts. State v. Diana, 2014 ME 45, ¶ 2,
89 A.3d 132. Darling’s is a GM franchisee and authorized dealer in Ellsworth.
Pursuant to a Dealer Sales and Service Agreement between Darling’s and GM,
2 Darling’s performs warranty repairs on qualified GM vehicles and, in exch... More...
   $0 (04-01-2016 - MA)

Garry Fuller v. The State of Texas

A grand jury indicted Fuller for two separate offenses of sexual assault of a
child, one for performing oral sex on his then 16-year-old stepdaughter and the other
for having intercourse with her. See TEX. PENAL CODE ANN. § 22.011(a)(2)(A), (C)
(West 2011). He pleaded not guilty to both offenses.
Over the objection that the question asked for an improper commitment, the
... More...
   $0 (03-31-2016 - TX)

Jermarcus L. Grandberry v. State of Indiana

The facts underlying Grandberry’s conviction were set forth in our
memorandum decision on direct appeal as follows:
On May 9, 2010, Grandberry lived with his then girlfriend, Takelia Stewart, at an apartment at 1910 Hobson Road in Allen County. Grandberry occasionally borrowed Stewart’s green Ford Escort hatchback. On May 9, Grandberry borrowed Stewart’s car and, at noon, he picked up ... More...
   $0 (03-30-2016 - IN)

Carl Dion Lovings v. The State of Texas

On February 23, 2014, Officer Mark Contreras of the Houston Police Department was dispatched to the home of LaTanya Peterson, the complainant and appellant’s wife. Contreras testified that when he arrived at the house, Peterson was “very upset, crying, [and] frazzled.” She immediately said to him, “He beat me. He beat me. He hit me like a dog. I thought he was going to kill me.” “He” referred to a... More...   $0 (03-29-2016 - TX)

Commonwealth v. Oliveira & Commonwealth vs. Mitchell T. Violet

The defendants, Mitchell T. Violet and Jemaul R. Oliveira, were charged with shoplifting by concealing
merchandise, in violation of G. L. c. 266, § 30A, and unlawfully carrying a firearm, in violation of G. L. c. 269, § 10 (a).2 Both moved to suppress the firearm located during the inventory search of the vehicle that they used to travel to the department store. We summarize the facts found... More...
   $0 (03-28-2016 - MA)

Christian John Prekker v. Commonwealth of Virginia

In 2012, while seventeen years old, appellant was adjudicated delinquent for two instances
of violating Code § 18.2-248(G), possession with intent to distribute imitation cocaine. The
violations of Code § 18.2-248(G) would have been non-violent felonies if appellant had been an
adult when he committed the offenses. Appellant does not dispute that he was over the age of
fiftee... More...
   $0 (03-28-2016 - VA)

Stefanski v. City of Chicago

Because we reverse the circuit court’s ruling that the common fund doctrine applies to the claims of the named plaintiff, and because our conclusion on that issue is dispositive, only those facts necessary to resolve this issue will be recited. ¶ 5 On August 19, 2009, plaintiff filed the instant lawsuit against the City. Therein, plaintiff generally alleged that: (1) on or about May 17, 2007, she... More...   $0 (03-27-2016 - IL)

STATE OF IOWA vs. THEODORE RAY GATHERCOLE II

On June 15, 2013, Frederick Rottmiller was a maintenance man at a Cedar Rapids apartment building. Rottmiller, a septuagenarian, was called to an apartment occupied by Theodore Gathercole and his ex-wife to inspect a water leak. While there, Rottmiller loaned Gathercole twenty dollars. Hours later, after midnight, Gathercole knocked on Rottmiller’s apartment door and asked for more money, claim... More...   $0 (03-25-2016 - IA)

THE PEOPLE OF THE STATE OF NEW YORK v CORY BANKS

Appeal from a judgment of the County Court of Sullivan County (McGuire, J.), rendered October 15, 2013, convicting defendant upon his plea of guilty of the crime of rape in the second degree.
Defendant was indicted on one count of rape in the first degree and one count of rape in the third degree stemming from an incident in which he was alleged to have forced a coworker to engage in sexual in... More...
   $0 (03-25-2016 - NY)

State of Nebraska v. Ryan M. Laflin

Laflin was charged in the county court for Gage County with driving during revocation, first offense. Before trial, Laflin filed a motion to suppress. In the motion, Laflin argued that he had been unlawfully seized by police and that as a result, the statements and evidence obtained subsequently to his arrest should be suppressed. The court held a hearing on the motion to suppress. At the suppress... More...   $0 (03-24-2016 - NE)

STATE OF MONTANA v. JAMES WALLACE LANGLEY

On February 6, 2014, the State charged Langley with one count of Arson, a felony,
in violation of § 45-6-103(1)(a), MCA. Langley entered into a plea agreement with the
State on January 22, 2015. The written plea agreement providesin part:
Pursuant to § 46-12-211(1)(b), MCA, and conditioned upon the understandings specified below:
The Defendant will enter into a Nolo Contender... More...
   $0 (03-24-2016 - MT)

Patrick Rico Edwards v. State of Tennessee

The Petitioner was indicted with first degree premeditated murder and first degree felony murder.1 The Petitioner‟s August 2008 trial ended in a mistrial. The Petitioner ultimately pleaded guilty to the lesser-included offense of second degree murder. The plea agreement, included in the record on this appeal, shows that the Petitioner entered an open guilty plea to second degree murder, w... More...   $0 (03-24-2016 - TN)

Robert Hurst vs. Nissan North America, Inc.

When certain Infiniti FX vehicles developed dashboard bubbling, Robert Hurst, on behalf
of himself and others similarly situated, filed a second amended petition seeking damages under
the Missouri Merchandising Practices Act (MMPA) and seeking certification of a class action
lawsuit against Nissan North America, Inc. (Nissan). The circuit court certified the class, which
inclu... More...
   $0 (03-23-2016 - MO)

STATE OF CONNECTICUT v. RONALDO MORALES

The defendant, Ronaldo Morales, appealsfromthejudgmentofconviction,renderedafter a jury trial, of strangulation in the second degree in violation of General Statutes § 53a-64bb, unlawful restraint in the first degree in violation of General Statutes § 53a-95 (a), threatening in the second degree in violation of General Statutes § 53a-62 (a) (1), and assault in the third degree in violation of Gene... More...   $0 (03-21-2016 - CT)

R. J. Reynolds Tobacco Company vs Dianne Webb

In this Engle-progeny case,1 Appellant, R.J. Reynolds Tobacco Company,
challenges the trial court’s Final Judgment for Resolution Funds and argues that
because Appellee, Dianne Webb, as personal representative of the estate of her
father, James Cayce Horner, was not entitled to collect the money damages awarded
to her following the appeal of the initial final judgment, the part... More...
   $0 (03-21-2016 - FL)

DePuy Orthopaedics, Inc. and Johnson & Johnson v. Travis Brown et al.

DePuy Orthopaedics is an Indiana corporation, and its principal place of business is located in Warsaw, Kosciusko County, Indiana. From 2005 to 2010, DePuy sold a prosthetic hip implant throughout the United States known as the ASR™ XL Acetabular System. Plaintiffs are nineteen individuals who had the ASR™ XL System implanted during hip replacement surgeries (eighteen in Virginia, one in Mississ... More...   $0 (03-20-2016 - IN)

Larry Myers, et al. v. Crouse-Hinds, et al.: GE v. Mary R. Geyman, et al.: Owens-Illinois, Inc v. Mary R. Geyman, et al.

We have consolidated three appeals involving the constitutionality of the Indiana Product Liability Act statute of repose. In each case, the plaintiffs request reconsideration of our prior holding in AlliedSignal v. Ott, 785 N.E.2d 1068 (Ind. 2003). While we decline to reconsider Ott's holdings due to the principles of stare decisis and legislative acquiescence, we do address the plaintiffs' new... More...   $0 (03-20-2016 - IN)

Darius Dontae Lovings v. The State of Texas

The evidence in the record shows that appellant borrowed his cousin’s car, a purple
1997 Honda Accord, at about 8:00 p.m. on June 24, 2012. Appellant’s cousin testified that appellant
was wearing dark-colored cargo shorts; Nike tennis shoes; a white, sleeveless shirt; and a red shirt
thrown over his shoulder at the time that he borrowed the car. Appellant’s cousin further testifiedMore...
   $0 (03-18-2016 - TX)

Hector Mario Gonzalez v. The State of Texas

The State charged Gonzalez with aggravated robbery. See TEX. PENAL CODE
ANN. § 29.03 (West 2011). It also sought to enhance his punishment based on a prior
felony conviction for robbery.
Aggravated robbery generally is punishable by confinement for five to 99
years or life. TEX. PENAL CODE ANN. §§ 12.32(a), 29.03 (West 2011). But if a
defendant previously has been convict... More...
   $0 (03-18-2016 - TX)

Arkadi Minassian v. The State of Texas

The United States Secret Service began investigating an organized crime
ring that placed “skimmers,” or devices that capture credit information and permit
it to be wirelessly downloaded onto a nearby laptop computer, on gas pumps at gas
stations in the Dallas area. Investigators suspected that Minassian was a
participant in the scheme. A confidential informant notified office... More...
   $0 (03-18-2016 - TX)

Noel Plank v. State of Florida

On April 15, 2013, Noel Plank, a prospective juror, appeared for jury duty at
the Leon County Courthouse at 11:30 a.m. and was part of a panel that was seated
in the courtroom at approximately 1:40 p.m. In response to general biographical
questioning, Plank advised the trial judge that he had various issues that would
make it difficult for him to serve on the jury:
I work... More...
   $0 (03-17-2016 - FL)

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