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Arrest Law
 
The People v. Travion Jones

Travion Jones appeals from his judgment of conviction of first degree murder with personal firearm use and street gang allegations. We find no error and affirm.

In the published part of this opinion we conclude the trial court properly instructed the jury on the provocation doctrine as a basis for second degree murder. The balance of our discussion concerns claims of error based on a witnes... More...
   $0 (02-06-2014 - CA)

United States of America v. Shawanna Reeves

Three co-defendants -- Michael Reeves, his wife Shawanna Reeves (“Halcomb-Reeves”),1 and Thornton Moss -- appeal their jury trial convictions for conspiracy to distribute cocaine. Both Reeves and Halcomb-Reeves argue that there was insufficient evidence to sustain their convictions. Halcomb-Reeves also challenges several of the district court’s evidentiary rulings. Specifically, she avers th... More...   $0 (02-06-2014 - GA)

Robert Shreve and Michael Reed v. Franklin County, Ohio

This case arises out of a putative class action against Franklin County, Ohio, its sheriff Zachary Scott, and 14 of the sheriff’s deputies for allegedly using excessive force against detainees in the county jail and for violating the privacy of detainees through strip searches. Settlements were reached with

1

No. 13-3119 Shreve et al. v. Franklin Cnty., Ohio et al. Page 2

al... More...
   $0 (02-06-2014 - OH)

United States of America v. Mohammed Keita, a/k/a Mohamed Keita

A federal jury convicted Defendant Mohammed Keita of various charges related to credit and debit card fraud. Defendant appeals, arguing that the district court: should have dismissed the government’s case based on the Speedy Trial Act; erred in allowing certain business records into evidence; and miscalculated the loss at sentencing. For the reasons that follow, we reject Defendant’s arguments... More...   $0 (02-06-2014 - MD)

United States of America v. Proselito Amarildo Estrada-Barrios, a/k/a Carlos Coronado

Defendant-Appellant Estrada-Barrios pleaded guilty to illegal re-entry of a previously removed alien in violation of 8 U.S.C. § 1326(a) & (b). There was no plea agreement. He was sentenced to 33 months’ imprisonment and one year of supervised release. He now challenges both components of his sentence.

I

Mr. Estrada is from Guatemala. He came to this country illegally around *T... More...
   $0 (02-06-2014 - OK)

State of Iowa v. Cole Jon Wrage

Cole Wrage appeals his sentence imposed by the district court. He contends the district court abused its discretion by failing to recite adequate reasons and relying on improper factors in imposing sentence. He also contends counsel provided ineffective assistance at sentencing. Although the district court used strong language at sentencing, it was sufficiently supported by the record and did not ... More...   $0 (02-05-2014 - IA)

Lawrence W. Hamby v. State of Iowa

Lawrence Hamby appeals from the denial of his application for postconviction relief. He argues he was provided ineffective assistance of counsel when his trial lawyers failed to move to suppress statements he made to police during four interviews and when his appellate counsel failed to appeal the denial of his motion for new trial. We affirm.

I. Facts and Proceedings.

This is th... More...
   $0 (02-05-2014 - IA)

State of Iowa v. Larry Gene Morris

Larry Morris appeals the district court’s denial of his motion to suppress evidence. He contends the district court erred by admitting evidence obtained after his arrest because the arrest was without probable cause. In the alternative, he maintains the results of the breath test must be suppressed even if the arrest was lawful because his initial refusal to submit to testing was irrevocable. Be... More...   $0 (02-05-2014 - IA)

State of Iowa v. Marcus Deniel Earnest

After Marcus Earnest filed a written plea of guilty to the aggravated misdemeanor of child endangerment, the court entered judgment and imposed sentence. See Iowa Code § 726.6 (2011). On appeal, Earnest argues his counsel rendered ineffective assistance by failing to file a motion in arrest of judgment. Because the record shows: (1) the court failed to exercise its discretion to waive an in-court... More...   $0 (02-05-2014 - IA)

United States v. Johnny Chatmon

Following a jury trial, Johnny Chatmon was convicted of unlawful possession of a firearm by a previously convicted felon, in violation of 18 U.S.C. § 922(g)(1).

Chatmon appeals his conviction, arguing that the Government did not present sufficient evidence to support the jury verdict and that the district court1 erred in refusing his proposed theory-of-defense jury instruction. For the r... More...
   $0 (02-05-2014 - NE)

T.S. and T.S., next friends of J.S. and K.S. v. John Doe

J.S. and K.S. were taken to the Breathitt Regional Juvenile Detention Center (BRJDC) after being arrested for underage drinking. As part of the facility’s intake policy, both teenagers were required to submit to a fully nude visual inspection by a correctional officer of the same sex. Their parents thought this to be unconstitutional and brought suit against the two guards, the supervisors of BR... More...   $0 (02-05-2014 - KY)

Ai Hua Chen and Jin Xiu Li v. Eric H. Holder, Jr.

Petitioners Ai Hua Chen and Jin Xiu Li, both natives of China’s Fujian Province, met and married in the United States and are the parents of two children born to them here. Chen and Li admit they are subject to removal, but seek asylum and withholding of removal on the basis that one or both of them will be persecuted for having violated China’s one-child policy. The couple also seeks asylum a... More...   $0 (02-05-2014 - NJ)

United States of America v. Anthony Silva

Anthony Silva was convicted in district court of possessing with intent to defraud counterfeit United States currency in violation of 18 U.S.C. § 472. On appeal, Silva claims that the district court erred in admitting evidence seized by police during and after his arrest, denying his motion for a judgment of acquittal based on the insufficiency of the evidence, and issuing a prejudicial jury ins... More...   $0 (02-05-2014 - NH)

Mitch Rooni v. Bradley Biser

Deer hunting is serious business in the state of Wisconsin. Although the hunters and the state game wardens may coexist peacefully most of the time, in this case they did not. A dispute erupted between Mitch Rooni, a hunter, and Bradley Biser, a warden employed by the Wisconsin Department of Natural Resources (DNR), and it has now wended its way into federal court. According to

2 No. 13‐1... More...
   $0 (02-04-2014 - WI)

M.G. v. St. Lucie County School Board

M.G., as guardian for her minor daughter, A.B., appeals the district court’s denial of her motions (1) for reconsideration of the district court’s dismissal with prejudice of her complaint and (2) for leave to amend her complaint. No reversible error has been shown; we affirm.

M.G. filed a civil suit against the St. Lucie County School Board and various School Board employees (“Defend... More...
   $0 (02-04-2014 - FL)

Travisha Mangwiro v. Jeh Charles Johnson

Travisha Mangwiro and Tinashe Mangwiro (the Mangwiros) appeal the district court’s dismissal of their complaint for failure to state a cause of action. We affirm.

Case: 13-10520 Document: 00512521976 Page: 1 Date Filed: 02/04/2014

No. 13-10520

I

Accepting as true the factual allegations contained in the Mangwiros’ complaint,1 the facts are as follows. Travisha Mangw... More...
   $0 (02-04-2014 - TX)

United States of America v. Mohammad Omar Aly Hassan

The appellants in these consolidated proceedings, Mohammad Omar Aly Hassan, Ziyad Yaghi, and Hysen Sherifi, were tried jointly in the Eastern District of North Carolina and convicted of several offenses arising from terrorism activities. On appeal, the trio presents myriad challenges to their convictions and sentences. As explained below, we reject the appellants’ various contentions of error an... More...   $0 (02-04-2014 - NC)

United States of America v. Servilio Oswaldo Escobar

Servilio Escobar came to this country illegally from El Salvador but was initially granted “temporary protective status” — essentially a conditional guarantee that he wouldn’t be deported. All that changed when he was convicted for felony theft. At that point, his protective status was revoked and he became subject to deportation. But Mr. Escobar didn’t leave immediately, and neither did... More...   $0 (02-04-2014 - CO)

State of Oklahoma v. Jim Michael Randolph

Tulsa criminal defense lawyers Jeffrey Krigel and Edward G. Lindsay represented Jim Michael Randolph who was charged with:

Count # 1.
Count as Filed: DU8II, UNLAWFUL POSSESSION OF CONTROLLED DRUG - METHAMPHETAMINE , in violation of 63 O.S. 2-402
Date Of Offense: 06/23/2012

Party Name: Disposition Information:More...
   $0 (02-03-2014 - OK)

The People of the State of Colorado v. Mark Ashly Steen

¶1 Petitioner, Mark Ashly Steen, was convicted in county court of misdemeanor offenses. In this original proceeding pursuant to C.A.R. 21, Steen challenges orders issued by the county court and district court denying his motions under section 16-2-114(6), C.R.S. (2013), and Crim. P. 37(f) to stay execution of his sentence pending his appeal of the convictions to the district court. We issued... More...   $0 (02-03-2014 - CO)

Daniel Retz v. William Seaton

In this lawsuit brought under 42 U.S.C. § 1983, Daniel Retz claimed that Omaha police detective William Seaton used excessive force when arresting him for disorderly conduct. After a three-day trial, the jury returned a verdict in Retz’s favor, and the district court1 entered judgment. Detective Seaton now appeals on three grounds. For the reasons set forth below, we affirm.

I. Backgro... More...
   $0 (02-03-2014 - NE)

In the Interest of N.M., a Child

Presenting a sole issue, Appellant, Kaydee,1 challenges the legal and factual sufficiency of the evidence supporting the grounds for termination found in the trial court’s order terminating her parental rights to her daughter, N.M.2 We affirm. 1 To protect the parents' and child's privacy, we refer to Appellant and other parties by their first names only and to the child by her initials. See TEX... More...   $0 (02-02-2014 - TX)

Brian Clough v. State of Florida

Brian Clough timely appeals the postconviction court's order dismissing, in part, and denying, in part, his petition for a writ of habeas corpus. See§ 79.01, Fla. Stat. (2009). We have jurisdiction, see Fla. R. App. P. 9.140(b)(1)(D), and affirm. We write to address the argument that the postconviction court denied Mr. Clough due process of

- 2 -

law by converting, without notice, h... More...
   $0 (01-31-2014 - FL)

C.G. v. J.R. and J.R.

C.G. appeals a final judgment entered against him in his paternity action. C.G. is the undisputed biological father of H.G.-R. However, H.G.-R.'s biological mother was married to J.R. at the time of H.G.-R.'s birth, thereby establishing J.R. as H.G.-R.'s

-2-

legal father. After C.G. filed a verified complaint to establish paternity, he and the biological mother entered into a paterni... More...
   $0 (01-31-2014 - FL)

In re Marriage of J.Q. and T.B.

J.Q.2 and T.B. appeal from orders after the trial court denied J.Q.’s application for a domestic violence restraining order and request for spousal support against T.B. J.Q. filed an appeal arguing the trial court erred in denying her request for spousal support pending the resolution of her application for a restraining order and in denying her application for a domestic violence restraining or... More...   $0 (01-31-2014 - ca)

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