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Affirmative Defense Law
 
State of Iowa v. Sean Neal Delacy

Delacy pleaded guilty to sexual exploitation of a minor, in violation of Iowa
Code section 728.12(1) (2015), and lascivious acts with a child, in violation of
section 709.8(1)(a), both class “C” felonies. On April 25, 2016, he was sentenced
to a term of imprisonment not to exceed ten years on each count, to be served
consecutively. The court stated on the record, “The defenda... More...
   $0 (07-19-2018 - IA)

State of Iowa v. Wyatt K. Slinker

A man claimed Wyatt Slinker owed him money. Slinker told the man to get
out of his face, swung at him, and hit him. The man fell to the ground and
eventually died.
The State charged Slinker with involuntary manslaughter and assault
causing serious injury. See Iowa Code §§ 707.5(1)(a), 708.2(4) (2017). Slinker
pled guilty to involuntary manslaughter, and the State di... More...
   $0 (07-19-2018 - IA)

WALTER REED vs. STATE OF IOWA and STATE OF IOWA DEPARTMENT OF TRANSPORTATION

A federal statute known as Title VI states, “No person in the United States
shall, on the ground of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.” See 42 U.S.C. § 2000d (2015). A
federal report cited the Department of Transpo... More...
   $0 (07-19-2018 - IA)

Vincent McFadden v. State of Missouri

The detailed facts are set out in Mr. McFadden’s prior appeals and will be repeated here only insofar as they are relevant to his postconviction claims. On May 15, 2003, Eva Addison1 was at Maggie Jones’ house on Blakemore in Pine Lawn when Mr. McFadden arrived at the house with a friend.2 Eva and Mr. McFadden had a child together. When Mr. McFadden got out of the car, he kissed the child, ... More...   $0 (07-19-2018 - MO)

United States of America v. Michael Dale Gilbert District of Arizona Federal Courthouse - Phoenix, Arizona Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Phoenix, AZ - Government Contractor Found Guilty of Theft of Government Property

A former government contractor was found guilty on July 18, 2018 for his role in a scheme to unlawfully convert U.S. government property from the U.S military base at Kandahar Airfield, Afghanistan, shipping items to his home in Arizona for resale.

After a three day trial, Michael Dale Gilbert,... More...
   $0 (07-19-2018 - AZ)

Lecia L. Shorter v. Leroy D. Baca, et al. Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Lecia L. Shorter appeals the district court’s partial grant of summary judgment in favor of the County of Los Angeles, Leroy Baca, Jacqueline Ortiz, and Alejandra Avalos (the County or County Defendants) on her 42 U.S.C. § 1983 inadequate medical care claim, and the denial of Shorter’s motion for a new trial on her § 1983 claim based on her classification as mentally ill, her conditions of confine... More...   $0 (07-19-2018 - CA)

Kathleen Willhite-Michiulis v. Mammoth Mountain Ski Area, LLC

Plaintiff Kathleen Willhide-Michiulis was involved in a tragic snowboarding
accident at Mammoth Mountain Ski Area. On her last run of the day, she collided with a
snowcat pulling a snow-grooming tiller and got caught in the tiller. The accident resulted
in the amputation of her left leg, several skull fractures and facial lacerations, among
other serious injuries. She and her husba... More...
   $0 (07-19-2018 - CA)

STATE OF OHIO - vs - STEVEN JOSEPH SNYDER

On November 9, 2016, Snyder was indicted by the Ashtabula County Grand Jury for Attempted Burglary, a felony of the third degree, in violation of R.C. 2911.12(A)(1) and R.C. 2923.02(A), in Case No. 2016 CR 000604. On March 16, 2017, he was indicted for Burglary, a felony of the second degree, in violation of R.C. 2911.12(A)(1), in Case No. 2017 CR 00088. On the same date, he was also indicte... More...   $0 (07-18-2018 - OH)

ALISE WENNING, et al. v. ADVANCED SPINE JOINT AND WELLNESS CENTER, et al. MoreLaw Receptionist Services Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

In May 2014, Alise Wenning began receiving chiropractic care at Defendant
Appellee Advanced Spine Joint and Wellness Center, LLC (“Advanced Spine”) in Medina.
Following a chiropractic treatment on November 13, 2014, while Mrs. Wenning was still in the
lobby, she began experiencing stroke-like symptoms. An ambulance was called and Mrs.
Wenning was taken to a hospital. Subsequ... More...
   $0 (07-18-2018 - OH)

STATE OF OHIO v. ROY R. YOUNG, JR.

The facts and initial procedural history of this case were set out in Mr. Young’s
direct appeal. See State v. Young, 9th Dist. Lorain No. 15CA010803, 2017-Ohio-1400. Based
on evidence that Mr. Young had been sexually abusing his then 15-year old stepdaughter since
she was five years old, the grand jury indicted him on three counts of rape, three counts of sexual
battery, and ... More...
   $0 (07-18-2018 - OH)

STATE OF OHIO v. SHAWN MARTIN THOMAS

On August 3, 2016, Appellant was indicted for attempted rape with the allegation he purposely compelled A.M. to submit to sexual conduct by force or threat of force. See R.C. 2907.02(A)(2); R.C. 2923.02(A). This offense would have been subject to Tier III classification, the highest sex offender label. See R.C. 2950.01(G)(a)(i). Appellant appeared for a plea hearing on November 21, 2016, at w... More...   $0 (07-18-2018 - OH)

STATE OF OHIO v. CLIFTON J. PANEZICH

In late 2015, a single count complaint was filed in Mahoning County Court Number 4 against Appellant. The complaint alleged Appellant engaged in a pattern of corrupt activity in violation R.C. 2923.22, a first-degree felony, from 2010 through 2015. 12/16/15 Complaint. The complaint was filed as a result of a 2013 investigation by the FBI, Canfield Police Department, and other Northeast Ohio po... More...   $0 (07-18-2018 - OH)

STATE OF OHIO -vs- BRANDON G. EDMONDS

On February 12, 2016, Defendant-Appellant Brandon G. Edmonds and co defendants went to the home of H.O. located in Newark, Ohio. Edmonds knocked on the door and when H.O. opened the door, Edmonds and the co-defendants rushed in. Edmonds brandished a gun at H.O. and other occupants of the house in an effort to steal drugs or money. A struggle ensued between H.O. and Edmonds, during which Edmonds... More...   $0 (07-18-2018 - OH)

STATE OF OHIO v. PAULENA YOST

In March 2017, the Meigs County Grand Jury returned an indictment charging Paulena Yost with one count of felonious assault and one count of domestic violence. Yost initially entered a not-guilty plea to the charges and later entered a plea Meigs App. No. 17CA10 2 of not guilty by reason of insanity. B... More...   $0 (07-18-2018 - OH)

STATE OF OHIO v. DAVID A. HUDSON, JR.

The Gallia County Grand Jury returned an indictment charging David A.
Hudson, Jr., with one count of possession of heroin and one count of trafficking in
Gallia App. No. 17CA19 2

heroin in an amount exceeding 50 grams but less than 100 grams, both felonies of the
first degree. Hudso... More...
   $0 (07-18-2018 - OH)

STATE OF OHIO v. BRANDON M. WILSON

On December 4, 2017, Wilson was charged with one count of
complicity to theft in violation of R.C. 2913.02(A)(3), R.C. 2923.03(A)(2), which
is a misdemeanor of the first degree. Doc. 1. On December 4, 2017, he appeared
before the trial court where the following exchange occurred:
Mr. Wilson: Yeah. I don’t know why I’m being charged with this at all.

The Court: Th... More...
   $0 (07-18-2018 - OH)

STATE OF OHIO v. ROBERT L. BARGA

In August of 2016, a number of local businesses in Shelby County
reported to the police that they had received counterfeit bills. Doc. 154 at 196. On
August 13, 2016, Barga contacted the police and informed them that a passenger in
his car—Trisa Engle (“Engle”)—was in possession of illegal contraband. Id. at 230.
During this call, Barga and the police arranged for a stin... More...
   $0 (07-18-2018 - OH)

Robert Ryan Fleming v. State of Indiana

On February 8, 2017, Fleming was being booked into the Cass County Jail3 and
was asked to provide a medical history. His responses to certain questions
caused Shift Supervisor Steve Taylor (“Officer Taylor”) to treat Fleming as a

1 Ind. Code § 35-42-2-1(c)(1); (g)(5)(A). 2 I.C. § 35-50-2-8. 3 The record does not reveal the reason for... More...
   $0 (07-18-2018 - IN)

William Clyde Gibson v. State of Indiana

This appeal stems from Gibson’s murder of Hodella. However, resolution of this case necessitates an account of the facts and procedural history surrounding Gibson’s murders of two other women, Stephanie Kirk and Christine Whitis. As such, we set forth an account of the facts and procedural history of all three murders. [4] On October 10, 2002, Hodella met Gibson at a bar located in Jefferso... More...   $0 (07-18-2018 - IN)

Joshua D. Preston v. State of Indiana Indiana Court of Appeals

The facts supporting Preston’s convictions as set forth by this court on his direct
appeal are as follows:
In early August 2010, Preston was babysitting N.B., the eightmonth-old child of his girlfriend, Michelle Bowling (“Bowling”). Preston told Bowling that N.B. had fallen off his lap and hit her head on a television stand. Bowling observed a rug burn on N.B.’s head and some bruising a... More...
   $0 (07-18-2018 - IN)

Calvin Fletcher, Sr. v. Joseph Tomlinson Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

St. Louis Police Department (SLPD) Officers Nicholas Martorano and John
Moton appeal from the district court’s judgment, 1 entered upon a jury verdict, finding
that they used excessive force in their apprehension and arrest of Calvin Fletcher and
awarding damages to Fletcher totaling $600,000. They raise three issues on appeal:
(1) the district court erred in allowing Fletcher to r... More...
   $0 (07-18-2018 - MO)

Post Foods, LLC v. The Superior Court of Los Angeles, Richard Sowinski, Real Party in Interest

Petitioners Post Foods, LLC, General Mills, Inc., General
Mills Sales, Inc., and Kellogg USA, Inc. petition for a writ of
mandate directing the superior court to vacate its June 26, 2017
order denying their motion for summary judgment and issue an
order granting the motion. We issued a stay pending this Court’s
resolution of the petition and an order to show cause why a writMore...
   $0 (07-17-2018 - CA)

Randall Eye vs. State of Missouri

On November 28, 2012, narcotics officers investigating allegations of a meth production
site arrived at Movant’s residence. The officers observed a fire pit outside the residence with
two men, including John Greer (“Greer”), and a woman standing near the fire pit. Movant was
inside the residence and consented to a search when asked by the narcotics officers. During their
sea... More...
   $0 (07-17-2018 - MO)

Paul Lee Navarro v. The State of Texas

By his first, second, and third issues, appellant contends that the evidence is insufficient to support his convictions of burglary of a habitation, unlawful possession of a firearm by a felon, and theft of a firearm. A. Standard of Review To determine whether the evidence is sufficient, we consider all the evidence in the light most favorable to the verdict and determine whether a rational fact f... More...   $0 (07-17-2018 - TX)

Hugh Edward Turner v. The State of Texas

The trial evidence supported the following facts:

The complainant, twenty-one year old Andrew (“Drew”) Johnson, was fatally stabbed at
around 12:45 a.m. on July 4, 2015. The stabbing took place outside a 7-Eleven store in northeast
Dallas.
Two witnesses to the incident testified at trial. One was Johnson’s friend Shawn Williams,
who testified to the following facts:... More...
   $0 (07-17-2018 - TX)

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