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Agriculture Law
 
Patrick Dwayne Murphy v. Terry Royal Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

These matters are before the court on the respondent’s Petition for Panel
Rehearing or Rehearing En Banc. We also have responses from the petitioner and the
United Keetoowah Band of Cherokee Indians, in addition to amici curiae briefs from the
United States and The Muscogee (Creek) Nation. We also have several motions pending
seeking to file additional amici curiae briefs.
2More...
   $0 (11-10-2017 - OK)

Dena Utter v. Amie Rose Colclaizer Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Plaintiffs Kena Utter, Aubree Holsapple, and Dara Campbell (collectively, the Teachers) appeal the district court’s dismissal of their numerous federal and state claims against the Seminole School District (District), which is governed by the
2
Seminole Board of Education (the Board), and three of the Board’s five members,
Amie Rose Colclazier, Jack Cadenhead, and Mickey Upton (collec... More...
   $0 (11-07-2017 - NV)

United States of America v. Essential Oils, L.C. Federal Courthouse - Salt Lake City, Utah

Salt Lake City, UT - Essential Oils Company Sentenced for Lacey Act and Endangered Species Act Violations to Pay $760,000 in Fines, Forfeiture, and Community Service, and to Implement a Comprehensive Compliance Plan

YOUNG LIVING ESSENTIAL OILS, L.C., (the Company), headquartered in Lehi, Utah, pleaded guilty in federal court to federal misdemeanor charges regarding its illegal trafficking... More...
   $760000 (09-19-2017 - UT)

Sharp Image Gaming, Inc. v. Shingle Springs Band of Miwok Indians

In this case, we reverse a judgment related to contractual claims that are
preempted by the Indian Gaming Regulatory Act (IGRA).
Defendant Shingle Springs Band of Miwok Indians (the Tribe) appeals from a
judgment after trial in favor of plaintiff Sharp Image Gaming, Inc. (Sharp Image), in
plaintiff’s breach of contract action stemming from a deal to develop a casino on the
Trib... More...
   $0 (09-16-2017 - CA)

ASSN. DES ELEVEURS DE CANARDS V. XAVIER BECERRA Ninth Circuit Court of Appeals - San Francisco, California

In 2004, California passed legislation to prohibit the practice of force-feeding ducks or geese to produce foie gras, an expensive delicacy made from their liver. California determined that the force-feeding process, which typically involves inserting a 10- to 12-inch metal or plastic tube into the bird’s esophagus to deliver large amounts of concentrated food, is cruel and inhumane. The state the... More...   $0 (09-15-2017 - CA)

United States of America v. Martin Jakubowski Federal Courthouse - Hammond, Indiana

Hammond, IN - Indiana Animal Control Officer Pleads Guilty to Interstate Diversion of Veterinary Drugs

Investigation Snares Martin Jakubowski for Providing Assistance to Suspected Dog Fighter

The Acting Superintendent of Animal Control and Parks for the city of Whiting, Indiana, pleaded guilty on August 24, 2017 to diverting prescription veterinary antibiotics that were the prope... More...
   $0 (08-24-2017 - IN)

Anthony D. Kolton and S. David Goldberg v. Michael W. Frerichs, Treasurer of Illinois

Anthony Kolton deposited
money into an interest-bearing bank account in Illinois.
Years passed without activity in the account, so the bank
transferred Kolton’s money to the State of Illinois as the Disposition
of Unclaimed Property Act requires. 765 ILCS
1025/13. The Act is not an escheat statute—it gives Illinois
custody, not ownership, of “presumed abandoned” property.More...
   $0 (08-22-2017 - IL)

United States of America v. Erica Warren and Alexis Young Federal Courthouse - Little Rock, Arkansas

Little Rock, AR - Two Women Sentenced for Conspiracy in Scheme to Steal Feeding Program Funds

Erica Warren, 38, of Little Rock, and Alexis Young, 38, of Bryant, were sentenced to federal prison for conspiring to commit mail fraud. The charge relates to a conspiracy to fraudulently obtain United States Department of Agriculture (USDA) program funds intended to feed children in low income a... More...
   $0 (08-21-2017 - AR)

United States of America v. Carrie Godfrey Federal Courthouse - Pierre, South Dakota

Pierre, SD - Former Tribal Executive Sentenced to Federal Prison for Embezzlement

Defendants Prosecuted as Part of The Guardians Project, a Federal Law Enforcement Initiative to Combat Corruption, Fraud, and Abuse in South Dakota

A former executive board member of the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe was sentenced in federal court on August 17, 2017, to 10... More...
   $0 (08-20-2017 - SD)

United States of America v. Larry White, Sr. and Erica White Federal Courthouse - St. Louis, Missouri

Cape Girardeau, MO - Two Convenient Store Managers Sentenced on Federal Charges Involving Food Stamp Fraud

Larry White, Sr., 63, and Erica White, 35, both of Sikeston, were sentenced August 16, 2017 – Larry to 33 months in prison and Erica to 1 year and 1 day in prison on charges of misusing the Supplemental Nutrition Assistance Program (SNAP), formerly known as the food stamp program.More...
   $0 (08-16-2017 - MO)

Peggy Hill; Amy Walker v. Barry Goggins, d/b/a Cherokee Bear Zoo

Defendants Barry Coggins and Collette Coggins, doing business as the Cherokee Bear Zoo (collectively, “the Zoo”), keep, care for, and exhibit bears. In 2013, Plaintiffs Peggy Hill and Amy Walker (collectively, “Plaintiffs”) visited the Zoo, and observed four of the Zoo’s bears living in what Plaintiffs believed to be an inhumane setting. In response, Plaintiffs brought the instant suit against the... More...   $0 (08-14-2017 - NC)

Patrick Dwayne Murphy v. Terry Royal, Warden, Oklahoma State Penitentirary United States Court of Appeals for the Tenth Circuit Denver, Colorado

Patrick Dwayne Murphy asserts he was tried in the wrong court. He
challenges the jurisdiction of the Oklahoma state court in which he was convicted of
murder and sentenced to death. He contends he should have been tried in federal
court because he is an Indian and the offense occurred in Indian country. We agree
and remand to the district court to issue a writ of habeas corpus vaca... More...
   $0 (08-14-2017 - OK)

Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
1
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
beach.
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent ... More...
   $0 (08-14-2017 - CA)

United States of America v. Anthony Gaines, a/k/a "Monty," Lydell Harris, a/k/a "Sinn," Frank Nichols, Pedro Cuellar and Mari Atkinson Federal Courthouse - Trenton, New Jersey

Trenton, NJ - Five Plead Guilty in Multi-State Dog Fighting Prosecution
New Jersey and Chicago-Area Defendants Convicted As Part of Operation Grand Champion

Four defendants pleaded guilty today and yesterday to federal charges for their roles in an inter-state dog fighting network spanning from New Mexico to New Jersey. U.S. District Judge Mary L. Cooper in Trenton accepted the follo... More...
   $0 (08-11-2017 - NJ)

American Wild Horse Preservation Campaign, et al. v. Sonny Perdue

Since 1975, the United States Forest Service has protected and managed wild horses in the Devil’s Garden section of the Modoc National Forest in Northern California. That wild horse territory originally consisted of two separate tracts of land of roughly 236,000 acres. But at some point in the 1980s, a Forest Service map added in an approximately 23,000 acre tract of land known as the Middle Secti... More...   $0 (08-05-2017 - DC)

United States of America v. Jonathan and Stephanie Dupiton Federal Courthouse - Atlanta, Georgia

Atlanta, GA - Convenience store owners sentenced for food stamp fraud and identity theft

Jonathan and Stephanie Dupiton have been sentenced for using stolen identities to steal over $395,000 from the U.S. Department of Agriculture’s Supplemental Nutrition Assistance Program (SNAP). The defendants illegally obtained SNAP benefits for themselves, and then cashed them at stores they owned in... More...
   $0 (08-03-2017 - GA)

STATE OF IOWA vs. DONALD LEROY STEELE

According to the minutes of evidence, on New Year’s Eve of 2015, Des
Moines police officer Emily Shoff-Salsbery saw the Toyota Camry driven by
Steele turn without signaling. As the officer closed in on the Camry, Steele made
several abrupt turns. Steele then sped through a residential neighborhood.
Before Shoff-Salsbery could activate her lights, Steele drove down a dead-end... More...
   $0 (07-24-2017 - IA)

United States of America v. Raquel Odegbaro and Abdirizak Aden Federal Courthouse - Kansas City, Kansas

Kansas City, KS - Olathe Woman Sentenced In Identity Theft Scheme

An Olathe woman was sentenced July 10, 2017 for a scheme to collect income tax refunds by creating companies that existed only on paper.

Raquel Odegbaro, 44, Olathe, Kan., was sentenced July 10, 2017 to 75 months in federal prison and ordered to pay more than $894,000 in restitution. She had pleaded guilty to one c... More...
   $0 (07-19-2017 - KS)

MAUREEN HARDEN HERD, et al. v. SHRAUNER FEEDYARD, LLC

Herd owns a parcel of land in the southeast quarter of section 32 of Protection Township in Comanche County, Kansas. This parcel of land has been in Herd's family since her grandfather purchased it in 1925; in 1950, the family built a farm house on the land, which is currently occupied by Herd's son and daughter-in-law.

Shrauner owns approximately 310 acres of land in section 33 of Pro... More...
   $0 (06-22-2017 - KS)

United States of America v. Julian Rigby, Jasper Allen and Benjamin Swain Federal Courthouse - Savannah, Georgia

Savannah, GA - South Georgia Farmers to Pay Up To $675,000 to Resolve False Claims Act Suit

Bacon County (Georgia) farmers Julian Rigby, Jasper Allen and Benjamin Swain, as well as several entities owned by Rigby, agreed to pay up to $675,000 to resolve allegations that they violated and conspired to violate the False Claims Act. This settlement is the first False Claims Act recovery invo... More...
   $675000 (06-14-2017 - GA)

Larry Kaplowitz v. Lane County

The issue in this land use case is whether the Land
Use Board of Appeals (LUBA) properly deferred to Lane
County’s interpretation of the meaning of “accessory” use
and development as used in the county’s forestland zoning
regulation. Under ORS 197.829(1), LUBA must affirm
a county’s interpretation of its land use regulations unless
that interpretation is inconsistent with t... More...
   $0 (06-01-2017 - OR)

United States of America v. Jeffrey Lewke

Milwaukee, WI - Wisconsin Farmer Sentenced to Federal Prison for Crop Insurance Fraud

Jeffrey Lewke (age: 39) was sentenced to six months in federal prison for a violation of Title 18, United States Code, Section 1001, making a false statement within the jurisdiction of the executive branch of the United States. In addition to the prison term, Lewke was ordered to serve an additional 6 mo... More...
   $0 (05-17-2017 - )

STATE OF KANSAS v. TERRANCE ISAIAH SIMS

Following his convictions for aggravated criminal sodomy and two counts of rape, Terrance Isaiah Sims was required to register under the Kansas Offender Registration Act (KORA), K.S.A. 22-4901 et seq., with his local sheriff's office in the months of January, April, July, and October of each year for the remainder of his life. He was also required under K.S.A. 2013 Supp. 22-4905(k) (now K.S.A. 2... More...   $0 (05-16-2017 - KS)

United States of America v. Robert Arellano Federal Courthouse - Albuquerque, New Mexico

Albuquerque, NM - Albuquerque Man Charged in 13-Count Dog Fighting Indictment

A federal grand jury in Albuquerque, N.M., returned an indictment charging Albuquerque resident Robert Arellano, 63, with 13 counts of violating the animal fighting prohibitions of the federal Animal Welfare Act, announced James D. Tierney, Acting U.S. Attorney for the District of New Mexico.

Arellano h... More...
   $0 (05-13-2017 - NM)

United States of America v. Abdoulaye Diallo Federal Courthouse - Philadelphia, Pennsylvania

Philadelphia, PA - Philadelphia Man Sentenced To 42 Months In Prison For Defrauding Assistance Program

Abdoulaye Diallo, 52, of Philadelphia, PA, was sentenced to 42 months in prison for defrauding the United States Department of Agriculture (USDA)’s Supplemental Nutrition Assistance Program (SNAP), formerly known as the federal food stamp program.

Diallo owned and operated Broth... More...
   $0 (05-09-2017 - PA)

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