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Friends of Moon Creek, et al v. Diamond Lake Improvement Ass'n, et al. Washington Court of Appeals, Division III - Spoken, Washington

After ruling on summary judgment that Sharon Sorby did not
enjoy qualified immunity from the plaintiffs’ claims under 42 U.S.C. § 1983, the trial
court certified its order under RAP 2.3(b)(4) as one “involv[ing] a controlling question of
law as to which there is substantial ground for a difference of opinion.” We granted
discretionary review. We conclude that Ms. Sorby enjoys quali... More...
   $0 (02-19-2018 - WA)

Leesa Jacobson v. United States Department of Homeland Security, et al. Arizona District Federal Courthouse - Tucson, Arizona

Leesa Jacobson and Peter Ragan (collectively, Appellants) filed this suit to challenge their exclusion from an enforcement zone set up around a Border Patrol checkpoint area near their homes in rural Arizona. Before any discovery occurred, the district court granted summary judgment to the Defendants-Appellees (Appellees). We vacate and remand for further proceedings.

FACTUAL AND PROCEDUR... More...
   $0 (02-19-2018 - AZ)

Pieter A. Folkens v. Wyland Worldwide, LLC Eastern District of California Federal Courthouse - Sacramento, California

Plaintiff Peter A. Folkens (“Folkens”) alleges that Defendant Robert T. Wyland (“Wyland”) infringed on his pen and ink depiction of two dolphins crossing underwater. Folkens contends that Wyland’s depiction of an underwater scene infringes on his drawing by copying the crossing dolphins, and that the similar element of two dolphins crossing underwater is protectable under copyright law, entitling ... More...   $0 (02-19-2018 - AZ)

United States of America v. Ronald Miltier Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

A federal jury convicted Ronald Miltier of seven counts of receipt of child
pornography in violation of 18 U.S.C. § 2252A(a)(2)(A) and one count of possession of
child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). On appeal, Miltier argues
that the district court erred in denying his motion for judgment of acquittal based on
insufficient evidence that he knowingly receive... More...
   $0 (02-14-2018 - VA)

Henry Mu v. Omni Hotels Management Corporation, a/k/a Omni Hotels District of Rhode Island Federal Courthouse - Providence, Rhode Island

During the early hours of
August 24, 2014, an unidentified group of individuals assaulted
Appellant Henry Mu ("Mu") in the lobby of the Omni Providence Hotel
(the "Hotel"), which Appellee Omni Hotels Management Corporation
("Omni") operates. Mu sued Omni for negligence. The district
court granted summary judgment to Omni, finding Mu's claims
deficient with respect to three ... More...
   $0 (02-07-2018 - RI)

STATE OF TENNESSEE v. CHRISTOPHER JONES COURT OF CRIMINAL APPEALS OF TENNESSEE

At the guilty plea hearing the State and Defendant stipulated that the summary of the facts contained in the presentence report, as taken from the narrative/case notes of Officer K. Frederick of the Bristol Police Department, was accurate and sufficient to provide a factual basis for the offenses of reckless aggravated assault, reckless endangerment, driving under the influence (DUI), simple posse... More...   $0 (01-22-2018 - MA)

Raynaldo Rivera Ortiz Texas Fifth Court of Appeals, Dallas Texas

In his first issue, appellant contends the evidence is legally insufficient to prove he
committed cruelty to a nonlivestock animal. The information alleged appellant “intentionally,
knowingly, and recklessly caused bodily injury to an animal, to-wit: a dog by shooting the dog
with a pellet gun, without the effective consent of Roxanne Bogdan, the owner.” See TEX. PENAL
CODE A... More...
   $0 (01-17-2018 - TX)

STATE OF TENNESSEE v. MATTHEW GLEN HOWELL COURT OF CRIMINAL APPEALS OF TENNESSEE

In April 2015, the Davidson County Grand Jury charged the defendant with one count each of resisting arrest and aggravated assault by causing the victim, Liela Avila, to fear bodily injury by use or display of a deadly weapon. The trial court conducted a jury trial in February 2016.
The State’s proof at trial showed that the victim moved to Nashville in early September of 2014 to pursue a car... More...
   $0 (01-13-2018 - TN)

State of Tennessee v. Mario Donte Keene Mario Keene Sentenced To Life In Prison

Amanda Harris, who was charged with felony murder for her participation in the victim’s death, testified at trial that, prior to her participation in the offenses at issue, she was addicted to crack cocaine and Xanax. She stated that she had taken drugs since she was in the eighth grade and that she had previously been convicted of theft, domestic violence, and reckless endangerment with the use ... More...   $0 (01-13-2018 - TN)

STATE OF IOWA vs. KRISTINA LEIGHANN HELLBERG

On December 28, 2016, Hellberg took her mother’s Ford F150 truck without
her mother’s permission. The mother reported the missing truck to the Decatur
County Sheriff’s Office. Officers recovered the truck from Hellberg several days
later. The State charged Hellberg with first-degree theft, a class “C” felony, in
violation of Iowa Code sections 714.1(2) and 714.2(1) (2016). <... More...
   $0 (01-12-2018 - IA)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

STATE OF OHIO v. SELMA CHIPMAN COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY

According to the facts presented at the plea hearing, Chipman, who was 82
years old, owned a German Shepherd named Chinook (aka Chookie) for approximately
six years. On June 28, 2016, Chinook was taken to her veterinarian at North Main
Animal Clinic to be spayed.1 Upon examination of Chinook, the veterinarian noticed that
the dog was in poor health. Specifically, the dog su... More...
   $0 (01-08-2018 - OH)

STATE OF NEW JERSEY v. WILLIAM BURKERT Supreme Court of New Jersey

On September 30, 2011, Halton filed three separate complaints, alleging that Burkert committed the petty disorderly persons offense of harassment on January 8, 9, and 11, 2011, in violation of N.J.S.A. 2C:33-4(c).1 A three-day trial was held in
1 A petty disorderly persons offense is punishable by up to thirty days in jail. N.J.S.A. 2C:43-8.
5
the Elizabeth ... More...
   $0 (12-21-2017 - CT)

Brandon Powers v. The State of Texas

The Junction Police Department dispatched an officer one evening to respond to a reported
domestic disturbance. When the officer arrived at the scene, Josette McAnelly reported Powers
had killed her puppy by repeatedly slamming the puppy’s head against a door jamb. Powers was
thereafter indicted for cruelty to animals, and the case proceeded to a jury trial. The jury found
Powe... More...
   $0 (12-17-2017 - TX)

State of Washington v. Carolyn and Debbie Lattin Thurston County Courthouse - Olympia, Washington

Olympia, WA - Jury Finds Defendants Guilty In Goat Abuse Case

The State of Washington charged Carolyn and Debbie Lattin with second-degree misdemeanor animal cruelty. The Defendants operat Lattins Country Cider Mill and Farm. Eighteen of their goats were removed from the property in June of 2017 suffering from hoof rot (hoof scald).

Defendants' lawyer claimed that they took pro... More...
   $0 (12-09-2017 - WA)

Elena Matushkina and Svetlana Son v. Kristen M. Nielsen Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Plaintiffs Elena Matushkina and
her daughter Svetlana Son filed this suit against federal officials
after a U.S. Consulate denied Matushkina’s immigrant
visa application in 2015. The well-established doctrine of consular
nonreviewability makes it impossible, or nearly so, for
plaintiffs to challenge the visa denial. Plaintiffs insist that
2 No. 17-1336
their suit does n... More...
   $0 (12-07-2017 - IL)

Epona, LLC v. County of Ventura Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Epona, LLC and Michael Fowler (collectively, Appellants) appeal the district court’s order dismissing Appellants’ First Amendment and Religious Land Use and Institutionalized Persons (RLUIPA), 42 U.S.C. § 2000cc et seq., claims, and denying as moot Appellants’ motion for a preliminary injunction. Appellants challenge the County of Ventura’s (the County) permitting scheme, which requires
4 EPON... More...
   $0 (12-07-2017 - CA)

GEORGE EVANS v. UNITED STATES OF AMERICA The Asian Longhorned Beetle

THE BEETLES
We first rehearse the background of the case dividing
our account into four movements.
Norwegian Wood
The Asian Longhorned Beetle (ALB) is an invasive pest
that arrived in the United States from Asia, concealed in wooden
shipping crates and pallets. According to the United States
Department of Agriculture (USDA), the ALB has the grim potential
t... More...
   $0 (12-07-2017 - MA)

George Evans v. United States of America District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this case, a small bug incited
a lawsuit under the Federal Tort Claims Act (FTCA), 28 U.S.C.
§§ 1346(b), 2671-2680. The district court, acting through a
magistrate judge, ruled that the FTCA's discretionary function
exception barred the maintenance of the action. See Evans v.
United States, No. 14-cv-40042, 2016 WL 5844473, at *8 (D. Mass.
Sept. 30, 2016) (citing 28 U.S.... More...
   $0 (12-04-2017 - MA)

United States of America v. Billy K. Groce District of Virginia Federal Courthouse - Abington, Virginia

Abingdon, VA - Knoxville Man Sentenced for Conspiring to Defraud the FDA - Billy Groce Illegally Shipped and Sold Veterinary Drug

A Tennessee man, who operated a business that unlawfully distributed prescription animal drugs to evade existing Food and Drug Administration laws, was sentenced on November 29, 2017 in the United States District Court for the Western District of Virginia in Ab... More...
   $0 (11-29-2017 - VA)

Floyd Allen Hardrick, Jr. v. City of Detroit, Michigan Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Dog bites dog. So begins this federal case about searches and
seizures allegedly gone awry, if not the newspaper story about the dispute. Detroit has a straydog
problem. As many as 50,000 of them roam the city’s streets and abandoned homes,
sometimes in packs. One group in a position to appreciate the seriousness of the problem, the
United States Postal Service, ranked Detroit sixt... More...
   $0 (11-26-2017 - MI)

STATE OF MONTANA v. DAVID JOHN WENDEL

David Wendel (Wendel) appeals from a January 22, 2016 District Court order
denying in part his motion in limine seeking to exclude evidence of a prior bad act. We
affirm.
¶3 On December 27, 2012, Wendel left a message with the Gallatin County Animal
Control. He complained a German Shepard dog was at large on his property, which he
believed was owned by his neighbors, Do... More...
   $0 (11-22-2017 - MT)

COMMONWEALTH vs. J.A., a juvenile. Massachusetts Supreme Judicial Court

The following facts are taken from the
testimony presented to the grand jury. In August, 2015, when
the juvenile was fourteen years old, he tortured a friend's dog
by shoving a soap dispenser pump into the dog's vagina,
1 Unlike a delinquent child, who is subject to rehabilitative penalties and remedies, a "youthful offender" is subject to penalties that... More...
   $0 (11-20-2017 - MA)

Kenneth Lucero v. Wayne A. Early Fourth Circuit Court of Appeals - Richmond, Virginia

Kenneth Lucero (“Appellant”) was arrested in April 2010 after leafleting outside a
Baltimore arena during a performance of the Ringling Brothers and Barnum & Bailey
Circus (“Circus”). Specifically, he was arrested for failing to confine his leafleting to an
area designated for protest activities, as set forth in a protocol formulated by Baltimore’s
legal department in 2004 (“Protoc... More...
   $0 (11-14-2017 - MD)

Douglas Alan Wolff v. State of Indiana

In December of 2016, the Grant County Sheriff’s Department and Marion
Animal Care and Control responded to several complaints of animal neglect
and cruelty, including a deceased horse, on Wolff’s property located in Grant
County, Indiana. As a result of the ensuing investigation, on February 23,
2017, the State filed an Information, charging Wolff with Count I, obstruction More...
   $0 (11-11-2017 - IN)

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