Defendant-Appellant Swahili Johnson appeals from an order of the United States District 11 Court for the Southern District of New York (Denny Chin, Judge)1 granting his motion for a 12 sentence reduction under 18 U.S.C. § 3582(c)(2), pursuant to Amendment 750 of the United 13 States Sentencing Guidelines (“Guidelinesâ€�). Johnson challenges the District Court’s order 14 reducing his sentence ... More...   $0 (05-23-2013 - NY)

The State of Oklahoma charged Jedediah Stephen Perkey with leaving the scene of a fatality accident in violation of 47 O.S. 10-102.1 which provides: "A. The driver of any vehicle involved in an accident resulting in the death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall re... More...   $0 (05-22-2013 - OK)

Michael Joseph Griffin appeals an order of the circuit court denying his motion to vacate his conviction for first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851. Griffin also petitions this Court

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for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons explained below, we affirm the tr... More...   $0 (05-16-2013 - FL)

Michael E. Ware filed a declaratory-judgment suit against the Texas Commission on Law Enforcement Officer Standards and Education (“the Commissionâ€�) challenging the validity of a Commission rule that renders him permanently ineligible to obtain a law-enforcement license because he had previously been placed on deferred-adjudication community supervision for a felony offense. See 37 Tex. Admin.... More...   $0 (05-16-2013 - TX)

A jury found appellant, Nicodemo Segura, guilty of the offenses of possession with intent to deliver cocaine weighing more than four hundred grams1 and possession with intent to deliver methamphetamine weighing more than four hundred grams.2 The jury assessed his punishment at confinement for twenty years in the cocaine case and twenty-seven years in the methamphetamine case, with both sentences t... More...   $0 (05-16-2013 - TX)

A jury convicted appellant Marvin Ariel Pagoada of capital murder for his role as a co-conspirator in a robbery that resulted in murder. See TEX. PENAL CODE ANN. § 7.02 (West 2011). Pagoada contends that extraneous-offense evidence was

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improperly admitted and that the evidence was legally insufficient to prove that he should have anticipated the murder. We affirm.

Backgrou... More...   $0 (05-16-2013 - )

Officer Shane Prickett of the Florence City Police Department used a Taser on Lara Roosevelt-Hennix while Roosevelt-Hennix’s hands were cuffed behind her back and she was seated in the back seat of a police car. Roosevelt-Hennix brought suit pursuant to 42 U.S.C. § 1983, alleging Prickett subjected her to excessive force in violation of the Fourth Amendment. See Graham v. Connor, 490 U.S. 386, ... More...   $0 (05-16-2013 - CO)

Defendant, Randy Copenhaver, appeals from the judgment and sentences on the jury’s verdicts of guilty to robbery in the second degree (two counts), in violation of Iowa Code sections 711.1 and 711.3 (2009), and theft in the second degree, in violation of Iowa Code section 714.1(1) and 714.2(2). He argues that the two counts of robbery should have merged into a single offense and there was not su... More...   $0 (05-15-2013 - IA)

Robert Lassiter appeals the District Court’s grant of defendants’ motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). For the reasons that follow, we will affirm the order of the District Court.

I. Background

On May 25, 2011, Lassiter filed a complaint alleging, inter alia, Fourth Amendment violations for excessive force and false arrest. The complai... More...   $0 (05-15-2013 - PA)

Robert Lassiter appeals the District Court’s grant of defendants’ motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). For the reasons that follow, we will affirm the order of the District Court.

I. Background

On May 25, 2011, Lassiter filed a complaint alleging, inter alia, Fourth Amendment violations for excessive force and false arrest. The complai... More...   $0 (05-15-2013 - PA)

The United States of American charged Bobby Ray Harris, age 26, of willfully making a threat in violation of 18 U.S.C. 844 and attempting to extort bank money in violation of 18 U.S.C. 2113 as a result of threatening to bomb the high school in Miami, Oklahoma on September 11, 2012. It claimed that Harris called the school and said that a bomb had been placed in the school. As a result of the cal... More...   $0 (05-15-2013 - OK)

E.L.M., Jr. appeals the termination of his parental rights to N.L.B.1 He contends that the evidence was legally insufficient to find that he constructively abandoned the child, that he failed to comply with the services order, and that he knowingly engaged in criminal conduct that led to his conviction, imprisonment, and inability to care for the child for not less than two years from the date of ... More...   $0 (05-14-2013 - TX)

The State of Oklahoma charged Scott Christopher Edwards, age 31, with first-degree murder in violation of 21 O.S. 701, first-degree manslaughter in violation of 21 O.S. 711-723 and accessory after the fact in violation of 21 O.S. 173 in conjunction with the death of Rickey Dean McClain, age 54, who was shot to death in his residence in Sapulpa, Oklahoma on April 15, 2012. The State claimed that De... More...   $0 (05-14-2013 - OK)

Brandon Swallow appeals the circuit court’s judgment dismissing his Rule 24.035 motion for post-conviction relief, because the circuit court found his motion was untimely filed. Mr. Swallow claims the circuit court erred in dismissing his motion because he filed it within 180 days of his delivery to the department of corrections for his first degree assault sentence, which triggered the period i... More...   $0 (05-14-2013 - MO)

Ali Sina Karimi petitions this court for review of a Board of Immigration Appeals ("BIA") final order of removal. Karimi contends the BIA erred when it ruled that his Maryland second-degree assault conviction was for a "crime of violence" under 18 U.S.C. § 16, and thus an "aggravated felony" under 8 U.S.C. § 1101(a)(43)(F) that triggered his removability. For the reasons that follow, we grant Ka... More...   $0 (05-14-2013 - DC)

In 2008, the Borough of Palmyra (“Palmyraâ€�) ordered closed for five months an open-air flea market, owned and operated by National Amusements, Inc. (“NAIâ€�), due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for the United States Army. NAI filed the instant action alleging that Palmyra’s action violated its constitut... More...   $0 (05-14-2013 - NJ)

We consider in this case whether a district attorney acts as a local or a state official when establishing policy and training related to the use of jailhouse informants. We find that, as to the policies at issue here, the district attorney was acting as a final policymaker for the County of Los Angeles.

We thus reverse the district court’s grant of the motion for judgment on the pleading... More...   $0 (05-13-2013 - CA)

We must decide whether police officers used excessive force in a struggle that led to the death of a person suspected of possessing illegal drugs.

I

A

On September 25, 2009, at 2:00 AM in the morning, Officers Daron Wyatt and Matthew Ellis, members of the Anaheim Police Department, were responding to a routine call to check on a transient. While turning left at an intersection... More...   $0 (05-13-2013 - CA)

1. This is an action for negligence resulting in injury to Marilyn Lewis.

2. Plaintiff; at all times relevant to this action, was a resident of Tulsa County, Oklahoma.

3. At all times material to this action and upon information and belief, Defendant Cynthia McClure (hereinafter referred to as “McClure�) was a resident of Tulsa County, Oklahoma.

4. All acts and omiss... More...   $1 (05-10-2013 - OK)

Appellant, Martha, appeals the trial court‘s order terminating her parental rights to her two daughters, D.N. and D.N. On appeal, Martha contends the evidence is insufficient to support the trial court‘s order of termination. We will reverse.

Factual and Procedural History

Emergency Removal and First Petition for Termination In February 2010, the Spearman Police Department was al... More...   $0 (05-09-2013 - TX)

The issue presented for our review is whether a municipal ordinance criminalizing “loitering with intent to commit prostitution� is facially unconstitutional. We find that the ordinance is overbroad and vague, and as such, we affirm the trial court which correctly found this ordinance unconstitutional.

Appellee was charged with violating the City of West Palm Beach ordinance regarding â... More...   $0 (05-08-2013 - FL)

This case allows us to clarify what a criminal defendant must show in order to receive relief when the government destroys evidence before trial. We hold that while Supreme Court precedent demands that a showing of bad faith is required for dismissal, it is not required for a remedial jury

UNITED STATES V. SIVILLA 3

instruction. We therefore affirm the district court’s denial of di... More...   $0 (05-07-2013 - CA)

This appeal serves as a useful reminder about the dangers of allowing criminal defendants to travel internationally. Jeremiah Jacob was convicted more than a year ago of selling an unregistered security, see 15 U.S.C. § 77e(a), and was sentenced to 14 months’ imprisonment and $241,630.95 in restitution. When he asked for permission to travel to Australia two weeks after sentencing, he was persu... More...   $0 (05-07-2013 - IL)

The petitioner, Jose Loera, asks us to set aside his conviction on the ground that his trial lawyer had been ineffective. See 28 U.S.C. § 2255. Loera had been indicted back in 2005 on drug charges. In response to a motion to suppress, the judge had forbidden the government to offer evidence of what the petitioner had told DEA agents after he allegedly asked for a lawyer. After repeated continuanc... More...   $0 (05-07-2013 - IN)

Stephen Graham-Wright challenges the procedural and substantive reasonableness of his sentence, complaining in particular about the district court’s consideration of statements he made to a psychiatrist during a pretrial competency examination and of the psychiatrist’s diagnosis that he was a pedophile. We must affirm.

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No. 12-1660 United States v. Graham-Wright Page 2

I.... More...   $0 (05-07-2013 - MI)