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Accord and Satisfaction Law
 
BRYAN WILLIS V. COMMONWEALTH OF KENTUCKY

At around 7:30 p.m. on January 9, 2014, Bryan Willis and his then
girlfriend, Sara Moran, were sitting in a parked late model SUV on the side of
the road near a gravel pit in Leitchfield. Officer Jesse Townsend noticed them
as he came from the other direction and stopped to make sure everything was
okay. Willis then drove off. In response, Officer Townsend turned on his lights <... More...
   $0 (09-04-2016 - KY)

RONNIE JOE FORTE V. COMMONWEALTH OF KENTUCKY

In 2011, the Appellant, Tracey Cassetty, was charged with felony theft by
unlawful taking. He appeared before Judge Tyler Gill and entered into a
diversion agreement with several conditions, including his entering a guilty
plea with a recommended sentence of five years, paying restitution that day,
and remaining drug free and subject to random testing. The court also entered More...
   $0 (09-04-2016 - KY)

DAVID ALAN JENKINS V. COMMONWEALTH OF KENTUCKY

The record indicates that in early 2006, the alleged victim in this case,
"Jane," was residing at the Genesis Home in Mayfield, Graves County,
Kentucky. At that time the Mayfield Genesis Home provided group-home
services to girls. According to the Commonwealth, Jane had been sent there in
conjunction with a juvenile prosecution. Jane revealed to one of the home's
counselor... More...
   $0 (09-04-2016 - KY)

JONATHAN MCDANIEL V. COMMONWEALTH OF KENTUCKY AND DAVID DESHIELDS V. COMMONWEALTH OF KENTUCKY AND JOHN C. MARTIN V. COMMONWEALTH OF KENTUCKY *David L. DeShields* *John C. Martin* *Jonathon McDaniel *

Although the procedural history of this case, particularly the effect of
appointed counsel's involvement once DPA was belatedly enlisted in the cause,
is most germane to the issues before us, we necessarily begin with brief
accounts of the three defendants' cases. In March 2010, Jonathan McDaniel
pled guilty in the Calloway Circuit Court to one count of first-degree sex abuse, ... More...
   $0 (09-04-2016 - KY)

TRACEY CASSETTY V. COMMONWEALTH OF KENTUCKY

In 2011, the Appellant, Tracey Cassetty, was charged with felony theft by
unlawful taking. He appeared before Judge Tyler Gill and entered into a
diversion agreement with several conditions, including his entering a guilty
plea with a recommended sentence of five years, paying restitution that day,
and remaining drug free and subject to random testing. The court also entered More...
   $0 (09-04-2016 - KY)

COMMONWEALTH OF KENTUCKY V. DOUGLAS RANK

In 2011, the Appellant, Tracey Cassetty, was charged with felony theft by
unlawful taking. He appeared before Judge Tyler Gill and entered into a
diversion agreement with several conditions, including his entering a guilty
plea with a recommended sentence of five years, paying restitution that day,
and remaining drug free and subject to random testing. The court also entered More...
   $0 (09-04-2016 - KY)

STATE OF NORTH CAROLINA v. CHARLES ANTHONY McGRADY

This appeal arises from defendant Charles Anthony McGrady’s first-degree
murder conviction for the shooting death of his cousin James Allen Shore Jr.
Defendant admitted to shooting Mr. Shore. The central issue at trial was whether
defendant shot and killed Mr. Shore in lawful defense of himself and his adult son
Brandon McGrady. Defendant sought to introduce expert witness t... More...
   $0 (09-03-2016 - NC)

Isla Ballard vs. State of Missouri

On July 28, 2008, Movant entered a guilty plea to twelve counts, one count of class B
felony kidnapping, four counts of class C felony domestic assault in the second degree, and
seven counts of class A misdemeanor domestic assault in the third degree. At the plea hearing,
Movant waived a sentencing assessment report, and was sentenced by the motion court to 15
years for each ... More...
   $0 (09-02-2016 - MO)

Richard Charles Owings, Jr. v. The State of Texas

Appellant was previously married to F.M., the grandmother of the
complainant, K.M., who was born in 2003 and was eleven years old at the time of
trial. Appellant and K.M. are not biologically related. K.M. and her mother,
M.M., occasionally lived with F.M. and appellant, and they all lived together in
late 2009 and early 2010. Because appellant was unemployed during this per... More...
   $0 (09-02-2016 - TX)

STATE OF MONTANA v. HILARIO MARTIN VELASQUEZ

Velasquez was riding in the back seat of a car that was stopped on September 25,
2013, when a law enforcement officer suspected the driver of being under the influence
of alcohol or drugs. The arresting officer found crystals in a cigarette pack located on the
dashboard between the driver and the front-seat passenger. The crystals field-tested
positive for methamphetamine. Vel... More...
   $0 (08-30-2016 - MT)

UNITED STATES OF AMERICA v. RENÉ MÁRQUEZ-PÉREZ

A fair proceeding before a fair
tribunal is a basic requirement of due process. See In re
Murchison, 349 U.S. 133, 136 (1955). Claiming that judicial
misconduct, inadequate preparation time, and attorney
ineffectiveness denied him a fair proceeding, René Márquez-Pérez
asks us to vacate his conviction and sentence. We hold that the
judge's conduct of the trial, thou... More...
   $0 (08-30-2016 - PR)

STATE OF CONNECTICUT v. PHIL KINCH

This case involves an investigatory stop of a motor vehicle. The defendant, Phil Kinch, appeals from the judgments of conviction, rendered after jury trials, of possession of narcotics with intent to sell by a person who is not drug-dependent in violation of General Statutes § 21a-278 (b) and failure to appearinthefirstdegreeinviolationofGeneralStatutes § 53a-172 (a) (1). On appeal, the defendant... More...   $0 (08-29-2016 - CT)

State of Tennessee v. Guary L. Wallace

Shalanda Palmer was working at the Dollar Store in Friendship on May 18, 2012. At approximately 8:51 p.m., Craig Barbee entered the store. He approached Ms. Palmer and asked if there were any headscarves in the store. Ms. Palmer directed him to the aisle where they were located, and Barbee left the store. Approximately twenty minutes later, he returned wearing a mask and carrying a gun. Barbe... More...   $0 (08-27-2016 - TN)

William Verlin Martz v. State of Indiana

Mark Gilland (Gilland) owned a parcel of property located at 503 East Race
Street in Eaton, Delaware County, Indiana (Property). Although Gilland did
not personally live on the Property, he kept a substantial number of his
possessions in a pole barn on the Property. The Property also contained several
other outbuildings and a small cabin in which his nephew, Greg Gilland (Gre... More...
   $0 (08-27-2016 - IN)

STATE OF MONTANA v. TOBY EUGENE GRIEGO

Between the months of January 2013 and July 2013 a series of home-invasion
sexual assaults and robberies occurred in the Billings, Montana, area. The first reported
assault occurred in the early morning of January 27, 2013, when twenty-one-year-old
victim K.L., asleep in her bed, was awakened by a gloved hand cupped over her mouth, a
knife held to her throat, and a man tellin... More...
   $0 (08-24-2016 - MT)

STATE OF MONTANA v. THERON JAMES BLAKE

On January 9, 2013, the State of Montana filed an Information charging Blake
with eight offenses: seven sex offenses involving three alleged victims—two minors, B.S.
and L.L., and one adult, K.L.—and one offense of tampering with evidence. Blake pled
not guilty to all eight charges, and a trial was scheduled for June 25, 2013. Less than one
week before trial, the State filed ... More...
   $0 (08-24-2016 - MT)

Noice v. BNSF Ry. Co.

In January of 2009, Noice was conducting a BNSF train traveling from Clovis
4 to Belen. The train was pulled by four locomotives. At some point around 6:00 p.m.,
5 Noice ceded operation of the train to his assistant, John Royal. Noice exited the lead
6 locomotive and proceeded rearwards. Before leaving the lead locomotive, however,
7 Noice instructed Royal to “start pulling o... More...
   $0 (08-24-2016 - NM)

STATE OF NEW JERSEY v. VICTOR P. SIMPSON

Defendant Victor Simpson appeals from a February 12, 2015
order denying his requests for post-conviction relief (PCR), an
evidentiary hearing, and correction of his sentence. Defendant
sought relief arguing counsel failed to challenge
identifications by the victim, who was robbed and assaulted, and
present testimony from additional eyewitnesses. In a written
stateme... More...
   $0 (08-23-2016 - NJ)

STATE OF NEW JERSEY VS. PAUL KUMAR

Defendant Paul Kumar entered a conditional plea of guilty
to an amended charge of fourth-degree providing false
information to a law enforcement officer, N.J.S.A. 2C:29
3(b)(4), and was sentenced to two years of non-custodial
probation. He now appeals the denial of his motion to suppress
evidence seized from his home without a warrant. He also
appeals his sentence, a... More...
   $0 (08-23-2016 - NJ)

Roy Steinberg v. Sahara Sam’s Oasis, LLC

While a patron at defendant Sahara Sam’s Oasis Water Park,
plaintiff Roy Steinberg suffered a catastrophic spinal cord
injury while participating in a water ride that simulated riding
a surfboard. Plaintiff filed a lawsuit against Sahara Sam’s
Oasis, LLC, alleging that his injuries were caused by its gross
negligence and violations of statutory and regulatory provisions <... More...
   $0 (08-23-2016 - NJ)

State of Minnesota vs. Latimothy Fleming

Appellant August Latimothy Fleming pleaded guilty to possession of a firearm by
an ineligible person and second-degree assault. The district court imposed an upward
durational sentencing departure for the possession conviction because Fleming fired the
gun six times in a park filled with children, thereby creating a greater-than-normal danger
to the safety of other people. Fl... More...
   $0 (08-21-2016 - MN)

STATE OF LOUISIANA Vs. LADAREUS J. JONES

According to the record before us, after a bill of information was filed
against Mr. Jones, charging him with possession of controlled dangerous
substances (cocaine and marijuana), bond was set by the magistrate judge at
$22,500. FCS posted two surety bonds on Mr. Jones’ behalf that day, one in the
amount of $15,000 and the other in the amount of $7,500. The court set the More...
   $0 (08-21-2016 - LA)

Joshua Jacob Patterson v. The State of Texas

A grand jury indicted Patterson for the murder of Kristian Sullivan, who died
of multiple gunshot wounds in the front yard of his grandmother’s house. Patterson
filed a pre-trial motion to suppress any statement he had made to law enforcement
officers. In this motion, he asserted several bases for suppression, including that his
statements “were taken without the safeguards r... More...
   $0 (08-20-2016 - TX)

Gary James Cox v. The State of Texas

Tom and Debbie B. were friends with Appellant when he became homeless.
Taking pity on him, they would occasionally pick him up and feed him or put him
in a hotel. During a family vacation in the summer of 2013, Tom and Debbie invited
Appellant to housesit for them in League City, Texas. By that August, their son had
reached the age of majority and moved out of their house. ... More...
   $0 (08-19-2016 - TX)

STATE OF KANSAS v. TIMOTHY WEBB

In May 2012, the State charged Webb with first-degree murder and criminal possession of a firearm by a convicted felon. The case proceeded to jury trial, where the district court instructed the jury on first-degree murder and several lesser-included offenses, namely: two alternatives of second-degree murder, two alternatives of voluntary manslaughter, and involuntary manslaughter.
The jury... More...
   $0 (08-18-2016 - KS)

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