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Accord and Satisfaction Law
 
UNITED STATES OF AMERICA v. AYFER YALINCAK, HAKAN YALINCAK UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

In June 2006, Yalincak pled guilty to bank and wire fraud charges
stemming from a scheme to defraud investors in a sham hedge fund that
Yalincak purported to manage. On April 11, 2007, the district court sentenced
Yalincak to concurrent terms of 42 months’ imprisonment followed by
concurrent terms of supervised release and ordered him to pay $4,182,000 in
restitution to his vic... More...
   $0 (04-16-2017 - CT)

UNITED STATES OF AMERICA v. MICHAEL PALMER, ALSO KNOWN AS TONY, ALSO KNOWN AS KNOT, ALSO KNOWN AS JAMES, United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

On direct appeal, the court affirmed appellant’s convictions of conspiracy and related offenses involving presiding over the large-scale distribution and sale of unlawful drugs in
3 Washington, D.C., in the late 1980s. United States v. Harris, et al., 959 F.2d 246 (D.C. Cir.), cert. denied 506 U.S. 933 (1992). Appellant thereafter filed a series of motions collaterally attacking his convictio... More...
   $0 (04-16-2017 - DC)

ROBERT LEE RUMPH v. STATE OF FLORIDA "

Robert Lee Rumph, Jr., appeals the judgment and sentence imposed upon him by the trial court after he pled no contest to second-degree murder with a firearm pursuant to a negotiated plea agreement. He argues that the trial court committed reversible error when it failed to follow the proper competency procedures and failed to enter a written order finding him competent to proceed before it permit... More...   $0 (04-14-2017 - FL)

STATE OF TENNESSEE v. ALEXANDER JOHNSON AND MICHAEL F. WILLIAMS Estes Kefauver Federal Building - Nashville, Tennessee

On February 12, 2015, the Knox County Grand Jury charged both of the defendants with two counts each of the November 2014 aggravated rape of C.C.1 As is relevant to this appeal, the presentment lists as witnesses C.C., Bridget Boland, and cellular telephone service providers New Cingular Wireless/AT&T Wireless and Sprint/Nextel Communications. Witnesses Anna Lawn and Natalie Tavares were later ad... More...   $0 (04-14-2017 - TN)

Deborah Shaw v. The Superior Court of Los Angeles County

This case presents two issues: (1) Is a trial court ruling denying a request
for a jury trial in a civil action subject to review prior to trial by a petition for an
extraordinary writ or may such a ruling be reviewed only by appeal after trial?
and (2) Is there a right to a jury trial in a health care facility whistleblower action
for retaliatory termination brought pursuant to He... More...
   $0 (04-13-2017 - )

Juan Sergio Carreon Toledo v. The State of Texas Former Cy-Fair ISD soccer coach pleads guilty to sex charges

From the summer of 2014 until his arrest, Carreon worked as the girls’ varsity
soccer coach at a high school in Harris County, Texas. That fall, Carreon began
texting with a 17-year-old student who was a high school senior on the soccer team
“in a flirty way.” Their communications led to clandestine hotel encounters and an
intimate sexual relationship. Carreon and the studen... More...
   $0 (04-11-2017 - TX)

Poet, LLC v. State Air Resources Board

The California Global Warming Solutions Act of 2006 (Health & Saf. Code,
§ 38500 et seq.) established the first comprehensive greenhouse gas regulatory program
in the United States. Its goal is to progressively reduce greenhouse gas emissions to 1990
levels by 2020. The State Air Resources Board (ARB) was charged with achieving this
goal. One of its actions was promulgating the low... More...
   $0 (04-11-2017 - )

State of Nebraska v. Jack E. Harris

In 1999, Harris was convicted of first degree murder and use of a deadly weapon to commit a felony for the 1995 death of Anthony Jones, an Omaha drug dealer. Jones was found dead in his apartment; he had been shot in the head. Harris’ alleged accomplice was Howard “Homicide” Hicks, whom Harris had met that summer through Corey Bass, a mutual acquaintance.

In December 1996, Bass was murder... More...
   $0 (04-10-2017 - NE)

Sharon McGill v. Citibank, N.A.

In previous decisions, this court has said that the statutory remedies
available for a violation of the Consumers Legal Remedies Act (CLRA; Civ.
Code, § 1750 et seq.), the unfair competition law (UCL; Bus. & Prof. Code, §
17200 et seq.), and the false advertising law (id., § 17500 et seq.) include public
injunctive relief, i.e., injunctive relief that has the primary purpose and ef... More...
   $0 (04-10-2017 - )

UNITED STATES OF AMERICA v. ENRICO PONZO, a/k/a Henry Ponzo, a/k/a Michael P. Petrillo, a/k/a Rico, a/k/a Joey, a/k/a Jeffrey John Shaw, a/k/a Jay Shaw Idaho Rancher Revealed as Gangster From Boston

This case centers on Ponzo's affiliation with LCN, a
crime network with a "boss," "soldiers," and "associates" -- an
affiliation that began in the late 1980s and ended in the mid
1990s, give or take. LCN operated its organized crime network through trafficking drugs, loansharking, extortion, and illegal gambling. Ponzo's LCN membership formed the basis for the
Racketeer Influ... More...
   $0 (04-09-2017 - MA)

Richard Rosebur a/k/a R. Rosebur and Jamie Rosebur a/k/a J. Rosebur v. State of Mississippi

On December 5, 2012, Richard, Jamie, and James Jiles were indicted in a single
indictment in Coahoma County for shooting into a dwelling, Miss. Code Ann. § 97-37-29
(Rev. 2014), with a sentencing enhancement for using a firearm during the commission of
the crime, Miss. Code Ann. § 97-37-37. The defendants waived arraignment on December
11, 2012, and trial was set for February 25, ... More...
   $0 (04-09-2017 - MS)

Vincent E. Scholes v. Lambirth Trucking Company

In 2007 a fire spread from defendant Lambirth Trucking Company’s (Lambirth)
storage site to plaintiff Vincent Scholes’ property. Scholes’ third amended complaint
alleged negligent trespass, intentional trespass, and strict liability against Lambirth.
Lambirth demurred to the third amended complaint, arguing it was barred by the statute
of limitations and failed to state a viable cl... More...
   $0 (04-09-2017 - )

TERENCE TOBIAS OLIVER vs. STATE OF FLORIDA

Oliver and Pinson had been dating since approximately December 2006.
Although Oliver described his relationship with Pinson as a “side” relationship, the
two lived together off and on during the span of their relationship. Sometime
between late May and July 22, 2009, Oliver called Leander Watkins, his mechanic
and a mutual friend of the couple, trying to get in touch with Pin... More...
   $0 (04-07-2017 - FL)

Kevin Wethherilt v. Patrick H. Moore

¶1 This lawsuit arises from a crash landing on January 28, 2011,
during the flight of an experimental kit aircraft—a RANS S-6ES—from
Sedona to Buckeye, Arizona. The plane was piloted by Kevin Wetherilt,
who was the only person onboard the plane at the time of the crash, and
owned by Patten Harvey (collectively, “Plaintiffs”). The aircraft’s elevator
control bracket assembly app... More...
   $0 (04-06-2017 - AZ)

STATE OF IOWA vs. ALLISON MIRANDA HEDGEPETH Iowa Court of Appeals

The State charged Allison Hedgepeth with assault causing bodily injury in
connection with an altercation at a bar in which another woman’s nose was
broken. Hedgepeth pled guilty to disorderly conduct in violation of Iowa Code
Section 723.4(1) (2015).1 The district court placed Hedgepeth on unsupervised
probation and ordered her to pay victim restitution in an amount to be det... More...
   $0 (04-06-2017 - IA)

Carl D. Eckhardt v. Darnell Nestra

Carl Eckhardt appeals the trial court’s summary judgment awarding his sister, Darnell Nesrsta, damages on her conversion claim. Eckhardt argues he raised a fact issue as to his affirmative defense of quasi-estoppel and conclusively established Nesrsta’s claim is barred by the statute of limitations. We reverse and remand for further proceedings.
BACKGROUND
When Eckhardt and Nesrsta’s fathe... More...
   $0 (04-06-2017 - TX)

Jerry C. Johnson and Jacob Johnson v. State Farm Mutual Automobile Insurance Company

This appeal arises from a suit brought by Jerry C. Johnson seeking declarations
construing the terms of two insurance policies following an automobile accident in which Jerry’s
son, Jacob, a minor at the time, was injured while Jerry was driving.1 See Tex. Civ. Prac. & Rem.
Code §§ 37.001–.011. Jerry sued State Farm Mutual Automobile Insurance Company, which had
issued Jerry an aut... More...
   $0 (04-06-2017 - TX)

The People v. Mark Malik Scott

Appellant Mark Malik Scott appeals from the judgment
entered on his two convictions of second degree attempted robbery
and four convictions of second degree robbery. Appellant asserts
that the court violated his constitutional right to a public trial when
the court excluded his family members from the courtroom during
a portion of the trial and that such violation requires reve... More...
   $0 (04-06-2017 - )

STATE OF LOUISIANA V. EARNEST G. HAMILTON Sex Offender

Defendant, whose date of birth is October 29, 1977, had sexual intercourse between the dates of July 1, 2013, and July 5, 2013, with B.H, whose date of birth is January 10, 2002.1 The victim became pregnant and delivered a baby boy on March 20, 2014. At trial, B.H. testified that her uncle, Defendant, had sexual intercourse with her when she was eleven years of age. DNA samples were taken from Def... More...   $0 (04-05-2017 - LA)

OLTMANS CONSTRUCTION CO. v. BAYSIDE INTERIORS, INC.

This appeal presents for interpretation an indemnity provision in a construction
subcontract providing indemnity to a general contractor for injury claims arising out of
the scope of the subcontractor’s work “except to the extent the claims arise out of, pertain
to, or relate to the active negligence or willful misconduct” of the general contractor.
Does this provision preclude the... More...
   $0 (04-03-2017 - )

STATE OF NEW MEXICO v. TREVOR MERHEGE

On September 3, 2011, Portales Police Officer Adam Lem was patrolling in
2 his vehicle at around 3:40 a.m. when he saw two individuals out walking. Officer
3 Lem wished to speak with them, so he stepped out of his vehicle and “hollered at
4 them.” According to Officer Lem, the individuals looked back at him and then took
5 off running. He pursued. They cut across the front yar... More...
   $0 (04-02-2017 - NM)

STATE OF NEW JERSEY v. TYRONE R. NURKETT

The facts adduced from the record can be summarized as
follows. The robbery, which was captured on the deli's
surveillance cameras, began between 11 a.m. and noon on December
16, 2010, when, according to the store's manager, a "kid" came
into the deli to case the store. Two minutes later, two masked
men came into the store and robbed the manager at gunpoint, taking
... More...
   $0 (04-02-2017 - NJ)

BANNING RANCH CONSERVANCY v. CITY OF NEWPORT BEACH et al., NEWPORT BANNING RANCH LLC et al.

The City of Newport Beach (the City) approved a project for the
development of a parcel known as Banning Ranch. Banning Ranch Conservancy
(BRC) opposed the project and sought a writ of mandate to set aside the approval.
It alleged two grounds for relief: (1) the environmental impact report (EIR) was
inadequate, and (2) the City violated a general plan provision by failing to workMore...
   $0 (04-02-2017 - )

The People v. Kevin Joseph Smith

Kevin Joseph Smith was one of three people extracted from a vehicle involved in a
single-car rollover accident. Smith’s blood alcohol content (BAC) was determined to be
0.24 percent, and he was charged with driving under the influence (DUI) causing injury
(Veh. Code, § 23153, subd. (a)) and driving with a BAC in excess of 0.08 percent
causing injury (id., § 23153, subd. (b)). As to... More...
   $0 (03-31-2017 - )

Mable Caleb, Jackie Anderson, Patrick Cockerham, Diann Banks, and Herbert Lenton v. Richard A. Carranza, Superintendent of the Houston Independent School District

This is an appeal from the dismissal of a lawsuit against the former superintendent of the Houston Independent School District. The appellants, who are
2
former employees of the school district, sought injunctive and declaratory relief stemming from an investigation that culminated in a recommendation to terminate their employment.
The pleadings do not allege a facially valid challenge... More...
   $0 (03-30-2017 - TX)

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