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Affirmative Defense Law
 
STATE OF MONTANA v. ADAM HATFIELD

On the evening of November 28, 2008, Matt Hatfield (Matt) dropped off a friend
after a day of hunting. Laterthat night, hespoke with his ex-wifeon the phone. There are
no credible accounts of anyone seeing or speaking with Mattafter that day.
¶4 Although it was not unusual for Matt to be out of contact for a few days, his absence
stretched into weeks, and friends and family m... More...
   $0 (09-18-2018 - MT)

The People of the State of Colorado v. Daniel S. Gutierrez MoreLaw Performance Marketing If It Does Not Work, It Is Free!

Jairo Perez was shot and killed in his garage.1 A friend of the decedent stated
that he saw who committed the murder and that the murderer had fled. That witness
later positively identified the defendant, Daniel Gutierrez, as the murderer in a police
photo array.
¶3 Minutes after the murder of Perez, a man attempted to force his way into a
residence located just a bloc... More...
   $0 (09-18-2018 - CO)

Dustin Lee James v. The People of the State of Colorado MoreLaw Suites - Legal Suites and Virtual Offices The Best Places In Downtown Tulsa To Practice Law 406 South Boulder and 625 South Denver - 582-3993

Dustin James was initially charged with two counts of distribution of a controlled substance, one count of possession with intent to manufacture a controlled substance, and one count of possession with intent to distribute a controlled substance, all but the last of which were dismissed before trial. He was acquitted of the charged offense of possession with intent to distribute methamphetami... More...   $0 (09-18-2018 - CO)

STATE OF KANSAS v. ELLIOTT MAURICE KYLES MoreLaw Suites - Legal Suites and Virtual Offices - Downtown Tulsa-- Best Places In Downtown Tulsa To Practice Law

On June 2, 2013, Reginald Johnson parked his black SUV in a convenience store parking lot near 38th Street and Leavenworth Road in Wyandotte County, Kansas. After exiting the SUV, Johnson looked up and saw a man wearing a light-blue hooded sweatshirt with the hood up and his hand inside the sweatshirt pocket. Johnson saw the man get out of an SUV parked directly in front of the store. As the man c... More...   $0 (09-18-2018 - KS)

Jada Wildon, next friend for K.C.W. v. United States of America Western District of Missouri Federal Courthouse - Kansas City, Missouri

Kansas City, MO - Defense Verdict in Medical Malpractice, Wrongful Death Lawsuit Against the United States

On Sept. 10, 2018, judgment was entered in favor of the United States following a three-day bench trial before U.S. District Judge Gary A. Fenner that concluded on Sept. 7, 2018. The court’s findings of fact and conclusions of law was released on Sept. 10, 2018.

At 5:25 a.m.... More...
   $0 (09-18-2018 - MO)

DEJUAN A. BELL v. STATE OF KANSAS MoreLaw Performance Marketing If It Does Not Work, It Is Free!

The district court summarily denied Dejuan A. Bell's motion for habeas corpus relief based on the motion and the court's files and records. Bell appeals, asking us to remand the case with directions to hold an evidentiary hearing on his motion. When we are presented with an appeal from a summary denial of such a motion, this court is in the same position as the district court and will review the m... More...   $0 (09-18-2018 - KS)

Lisa Fleming v. Mark Vargos, Honorable Craig Pfeifle, Lynne A. Valenti District Court Dakota Federal Courthouse - Rapid City, South Dakota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Oglala Sioux Tribe, the Rosebud Sioux Tribe, and tribal members Madonna
Pappan and Lisa Young brought this action against various South Dakota officials
under 42 U.S.C. § 1983. They challenged procedures used in proceedings brought by
the State to remove children temporarily from their homes in exigent circumstances.
The plaintiffs alleged that the defendants were engaged in on... More...
   $0 (09-18-2018 - SD)

STATE OF KANSAS v. MATTHEW J. HOLLENBECK Sooner Cannabis Consultants

In August 2015, Matthew J. Hollenbeck's 11-year-old stepdaughter reported that Hollenbeck had touched her vagina and tried to have sex with her several times the previous summer. Wichita Police Detective Derek Purcell questioned Hollenbeck, who admitted to his stepdaughter's allegations. The State charged Hollenbeck with one count of aggravated indecent liberties with a child under K.S.A. 2014 Sup... More...   $0 (09-17-2018 - KS)

STATE OF KANSAS v. MARTIN R. PATRICK MoreLaw Performance Marketing If It Does Not Work, It Is Free!

Martin Patrick appeals his conviction of driving under the influence of alcohol to a degree that rendered him incapable of safely operating a vehicle. The events leading to his conviction took place at about 10:30 on the evening of May 25, 2013, when Officer Jason Colobong of the Tonganoxie Police Department observed Patrick's pickup truck straddling the centerline of the road. Patrick and his gi... More...   $0 (09-17-2018 - KS)

STATE OF KANSAS v. OSIE PATRICK MoreLaw Receptionist Services Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

On July 18, 2015, Saquisha Clark was with her friends Deirdre Dickerson, Artisha Dickerson, and Jodecie Jones. After leaving a bar, the four women were invited to a nearby establishment, the Hell's Lover's Motorcycle Club. Other than Deirdre, who was pregnant, the women had been drinking alcoholic beverages.

After staying a brief time inside the club, the women decided to leave and retu... More...
   $0 (09-17-2018 - KS)

CURTIS LEE ROGERS v. STATE OF FLORIDA

During the pendency of the charges brought against Rogers, defense counsel filed a motion to determine Rogers’s competency. The trial court granted the motion and appointed an expert to conduct an evaluation. Following the evaluation, the expert opined that Rogers was competent to proceed. Defense counsel disagreed and requested that a second evaluation be conducted. The State did not object. The ... More...   $0 (09-17-2018 - FL)

COMMONWEALTH vs. HENRY JOHNSON MoreLaw Suites - The Best Place In Tulsa To Practice Law

The defendant's guilty pleas. On December 20, 2013, the defendant pleaded guilty to indictments charging as follows: one count of rape of a child, three counts of indecent assault and battery on a child under the age of fourteen, and one count of dissemination of obscene matter to a minor. He was sentenced to concurrent terms of from three years to three years and one day in State prison ... More...   $0 (09-17-2018 - MA)

Gregory Aregood, Jr. v. Givaudan Flavors Corporation Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

More than twenty current and former
employees at the ConAgra microwave popcorn plant in
Rensselaer, Indiana sued various manufacturers and suppliers
of butter flavorings that contained the chemical diacetyl,
which if inhaled can cause a respiratory disease called “popcorn
lung.” All defendants were dismissed except Givaudan
Flavors Corporation (“Givaudan”), a long‐tim... More...
   $0 (09-17-2018 - IN)

Shonda Martin v. Milwaukee County Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Milwaukee County (“County”) hired Xavier Thicklen in late 2012 to work as a corrections officer in its jail. County has a zero-tolerance policy forbidding corrections officers from having any sexual
contact with inmates. County repeatedly instructed Thicklen not to engage in any such contact and trained him to avoid it. Thicklen gave answers to quizzes indicating he understood the training. Bu... More...
   $0 (09-17-2018 - WI)

Lauren E. v. Lewisville Independent School District Eastern District of Texas Federal Courthouse - Beaumont, Texas

Lauren C., a young woman with disabilities previously in the Lewisville Independent School District, appeals the district court’s decision denying her attorneys’ fees under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400 et seq. While we rely on different grounds, we AFFIRM the district court’s judgment that Lauren is not a prevailing party for fee purposes.
The und... More...
   $0 (09-17-2018 - TX)

Joe Ribakoff v. City of Long Beach

Joe Ribakoff, a frequent attendee at meetings of the Long
Beach Transit Company Board of Directors, filled out a public
speaker’s card and spoke on agenda item 10 at the board’s
August 24, 2015 meeting for the three minutes allowed each
public speaker on an agenda item. When he rose to speak a
second time on the same agenda item, it was during the board’s
deliberation and v... More...
   $0 (09-16-2018 - CA)

COMMONWEALTH vs. DEMETRIUS D., a juvenile. MoreLaw Suites - The Best Place In Tulsa To Practice Law

The juvenile was convicted, as a youthful offender (G. L. c. 119, § 54), on two indictments for aggravated rape of a child with force (G. L. c. 265, § 22B [a]), and one indictment each for kidnapping (G. L. c. 265, § 26), indecent assault and battery on a child under fourteen (G. L. c. 265, § 13B), intimidation of a witness (G. L. c. 268, § 13B), and assault and battery by means of a dangero... More...   $0 (09-16-2018 - MA)

COMMONWEALTH vs. MAKSIM LUTSKOV MoreLaw Suites - The Best Place In Tulsa To Practice Law

The defendant, Maksim Lustkov, was sixteen years old in October, 1999, when he committed an armed home invasion during which he shot one occupant three times in front of the occupant's teenage daughter. A Juvenile Court jury adjudicated the defendant a youthful offender on indictments charging armed home invasion and various related offenses, and he was sentenced to a mandatory minimum State pri... More...   $0 (09-16-2018 - MA)

COMMONWEALTH vs. JOSHUA ROSADO MoreLaw Suites - The Best Place In Tulsa To Practice Law

The issue on appeal concerns the scope of the doctrine of forfeiture by wrongdoing. In Commonwealth v. Edwards, 444 Mass. 526, 540 (2005), we held that a defendant forfeits the right to object to the admission in evidence of an unavailable witness's out-of-court statements on both confrontation and hearsay grounds if the Commonwealth proves by 2 a preponderance of the evidence that "(1) the ... More...   $0 (09-16-2018 - MA)

STATE OF OHIO vs. CHARLES BROWN

Two Cleveland police officers initiated a traffic stop on a vehicle matching the description of one involved in armed robberies. When the vehicle stopped, Brown jumped out of the passenger side in a shooting stance with a handgun aimed in the direction of the officers’ patrol car. The officers both took cover, expecting shots to be fired. One of the officers immediately heard and saw Brown ... More...   $0 (09-16-2018 - OH)

STATE OF OHIO vs. JASON E. WHITE

Defendant-appellant Jason E. White admitted to killing his wife by shooting her in the head. After being indicted on counts of aggravated murder and felonious assault, White elected to be tried by the court solely on the issue of whether he acted with prior calculation and design. The state showed that White believed that his wife was unfaithful to him and it relied on White’s confession to ... More...   $0 (09-16-2018 - OH)

STATE OF OHIO vs. RAVONTE CARTER

In January 2017, Carter was charged in a four-count indictment as follows:
Count 1, aggravated murder in violation of R.C. 2903.01(A); Count 2, murder in violation
of R.C. 2903.02(B); Count 3, felonious assault in violation of R.C. 2903.11(A)(2), and
Count 4, felonious assault in violation of R.C. 2903.11(A)(1). The charges stemmed
from the shooting and death of Donovan Alexa... More...
   $0 (09-16-2018 - OH)

STATE OF OHIO vs. RANAU D. JOHNSON

Appellant Ranau D. Johnson appeals his convictions and sentence. Upon
review, we affirm all the convictions for aggravated arson and the sentence imposed on
Counts 3 and 4, vacate as void the conviction and sentence on Count 1 for attempted
felony murder, reverse the award of restitution, and remand the case to the trial court for a
resentencing hearing on Count 2 only and fo... More...
   $0 (09-16-2018 - OH)

STATE OF OHIO vs. DEON A. WALKER

On April 17, 2017, Walker was indicted on one count of rape in violation of
R.C. 2907.02(A)(2) and one count of kidnapping in violation of R.C. 2905.01(A)(4) for
offenses he allegedly committed on October 4, 1997. Walker moved to dismiss the
indictment, arguing he was prejudiced by the almost 20-year delay between the alleged
incident giving rise to the charges and the filing... More...
   $0 (09-16-2018 - OH)

STATE OF OHIO vs. MICHAEL BUEHNER

In July 2002, a jury found Buehner guilty of two counts of murder and one
count of attempted murder in connection with the shooting death of Jerry Saunders on
May 24, 2001. Lawone Edwards testified at trial that shortly before the shooting, he and
Saunders were selling crack cocaine to passing motorists near the corner of Marah
Avenue and East 93rd Street in Cleveland when a b... More...
   $0 (09-16-2018 - OH)

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