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Arrest Law
 
STATE OF KANSAS v. DAVID LEE RYCE

The Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights protect against unreasonable searches, which in the criminal context means a search must be conducted pursuant to a warrant or a wellrecognized exception to the warrant requirement. One of these well-recognized exceptions—the consent exception—arises when an individual voluntarily agrees to al... More...   $0 (02-26-2016 - KS)

STATE OF KANSAS v. DARWIN ESTOL WYCOFF

On an afternoon in December 2012, a Salina Police Department officer noticed a vehicle starting and stopping quickly multiple times, squealing its tires. When the vehicle made an improper turn, the officer initiated a traffic stop.
As the officer approached the driver, who was later identified as Wycoff, the officer noticed the odor of alcohol. Wycoff spoke to the officer with slurred speec... More...
   $0 (02-26-2016 - KS)

Waldron v. Roark

The parties’ characterizations of the facts of this case differ substantially, but in reviewing orders granting summary judgment, we consider the facts in the light most favorable to the nonmoving party.1 Consequently, the following facts are set forth in a light most favorable to Waldron: On the evening of February 22, 2012, Roark and May went to Waldron’s home to serve an arrest warrant on Coppl... More...   $0 (02-26-2016 - NE)

STATE OF NEW MEXICO v. 8NORMAN BENALLY

In this case, we hold that when law enforcement officers seized, impounded,
4 and sealed a vehicle, under NMSA 1978, Section 31-27-5(A) (2002, amended 2015),
5 they “ma[de] a seizure” of the currency that the vehicle contained. On June 23, 2011,
6 Gallup police officers seized a vehicle. On June 29, they executed a warrant to search
7 the vehicle and discovered $1295 in currency. ... More...
   $0 (02-26-2016 - NM)

Hapag-Lloyd Aktiengesellschaft v. U.S. Oil Trading LLC

This action presents, as the District Court aptly put it,  “interesting  and  apparently  novel  questions  regarding  the  interplay among the United States bankruptcy law, maritime law  and the federal interpleader statutes.” Hapag‐Lloyd contracted with  non‐appealing Defendant O.W. Bunker Germany GmbH (“O.W.  Germany”)  to  purchase  fuel  bunkers  for  these  three  ships,  among  ... More...   $0 (02-26-2016 - NY)

United States of America v. Dexter Diaz

Albuquerque, NM - Gallup Man Pleads Guilty to Federal Methamphetamine Trafficking Charge

Diaz Prosecuted as Part of “Worst of the Worst” Anti-Violence Initiative

Dexter Diaz, 31, of Gallup, N.M., pleaded guilty to a methamphetamine trafficking charge. Under the terms of his plea agreement, Diaz will be sentenced within the range of 120 to 144 months in federal prison followed by... More...
   $0 (02-25-2016 - NM)

United States of America v. Judy Kay Fryar

Midland, TX - Midland Woman Sentenced to Five Years in Federal Prison for Wire Fraud Scheme and Obstructing Justice

A 55-year-old former federal fugitive Judy Kay Fryar was sentenced to five years in federal prison for her role in a wire fraud scheme that caused an estimated $140,000 loss to her employer and for obstructing justice.

In addition to the prison term, Fryar was order... More...
   $138589 (02-25-2016 - TX)

Dewayne Graham a/k/a Dewayne Dal'Angle Graham a/k/a Dewayne Deanglo Graham a/k/a Dewayne Deangelo Graham v. State of Mississippi

The victim testified against Graham at trial. According to her testimony, she became
acquainted with Graham’s co-aggressor, Jamonious Inge, while visiting her mother and
children in December of 2011. On December 22, 2011, she and Inge met at her mother’s
home. They talked there for a period of time, until Inge offered the victim some cocaine and
they went to his house. Inge’s a... More...
   $0 (02-25-2016 - MS)

Charles Everett Lowe-Kelley v. State of Tennessee

Petitioner was convicted of two counts of first degree murder and nine counts of attempted first degree murder for firing a gun into a crowded vehicle. State v. Lowe
-2-
Kelley, 380 S.W.3d 30, 32 (Tenn. 2012). He received two consecutive life sentences to run concurrently with nine fifteen-year sentences. Id. His convictions and sentences were affirmed on direct appeal. State v. Char... More...
   $0 (02-25-2016 - TN)

Michael B. Purdue v. State of Indiana

Purdue was arrested for theft and resisting law enforcement on January 29,
2015 and was held in the Bartholomew County Jail until January 31; at that
time he was not formally charged. A few weeks later, on February 22, Purdue
was arrested and charged with three new counts of theft under Cause No.
03C01-1503-F6-1180 (“Cause No. 1180”). Purdue was again released. On
Febru... More...
   $0 (02-25-2016 - IN)

Christopher Dent v. State of Indiana

On January 8, 2015, Corporal Jeff Stanley (Officer Stanley) of the Delaware
County Sheriff’s Department made a controlled buy of heroin from Dent with
the help of an informant at Dent’s residence on South Hackley Street in
Muncie, Indiana. At the time of the purchase, Dent was on home detention
pending pre-trial on an unrelated offense and was required to wear an electronic More...
   $0 (02-25-2016 - IN)

State of Minnesota vs. True Thao

In the early morning hours of October 26, 2013, Xiong was shot and killed outside
of the Moonshine Saloon on the east side of St. Paul. T.X. and P.L. were also present and
both suffered non-fatal gunshot wounds. The State’s theory of the case was that Thao, a
gang member, had targeted Xiong, a rival gang member, in retaliation for a fatal gang
related stabbing of another indiv... More...
   $0 (02-25-2016 - MN)

STATE OF IOWA vs. MITCHELL SCOTT GAHAGAN

On December 10, 2013, Gahagan refused to stop his vehicle when
signaled to do so by police. Instead, he led police on a five-and-a-half mile car
chase through Davenport, Iowa. The lead pursuit vehicle throughout most of the
chase was an unmarked police car driven by Davenport Police Corporal Clifford
Anderson, and the entirety of the chase was captured by Anderson’s dashboard... More...
   $0 (02-25-2016 - IA)

STATE OF IOWA vs. RICHARD COOPER WEMER JR

Ottumwa Police Officer Noah J. Aljets was dispatched to a home based on
a 911 hang-up call. As he approached the home, he smelled marijuana. Aljets
eventually spoke to Wemer, one of the residents of the home. Wemer admitted
to smoking marijuana but denied making a 911 call. The officer confirmed the
number and advised Wemer he would need to enter the home to “check it out.... More...
   $0 (02-25-2016 - IA)

STATE OF IOWA vs. ROBERT ALLAN HANNUSCH

On December 10, 2013, at approximately 2:00 p.m., officers from the
Pleasantville and Carlisle police departments responded to a dispatch that a
vehicle was travelling northbound on Highway 5 in the southbound lane. Officers
located Hannusch’s vehicle and observed it, now in the northbound lane, being
driven erratically—moving from lane to lane, leaving the roadway, and
s... More...
   $0 (02-25-2016 - IA)

STATE OF IOWA vs. JAYMES ANTHONY STARK

Law enforcement officers were called to a residence located on Bank
Street in Keokuk on August 27, 2013. On arrival they discovered that Mary
Stark’s automobile and the house, owned by Pat Morgan, had both been
damaged. It was determined that Anthony Stark was responsible.
A trial information was filed charging Stark with criminal mischief in the
second degree and har... More...
   $0 (02-25-2016 - IA)

BRANDON MICHAEL HARRIS vs. STATE OF IOWA,

Brandon Harris appeals the district court’s denial of his application for
postconviction relief (PCR). Harris pled guilty to multiple offenses arising out of
four different trial informations, and in exchange, he received a sentence of time
served in one case and a suspended nineteen-year sentence1 with five years’
probation and placement at a residential facility for the oth... More...
   $0 (02-25-2016 - IA)

STATE OF IOWA vs. ADYM RAY BARTH

Adym Barth was convicted for failure to comply with the sex offender
registry, an aggravated misdemeanor, in violation of Iowa Code sections
692A.104 and 692A.111 (2013). On appeal, Barth contends the district court
erred in denying his motion to suppress evidence allegedly obtained in violation
of his federal and state constitutional rights. We review de novo a ruling on a <... More...
   $0 (02-25-2016 - IA)

STATE OF IOWA vs. JOHN ARTHUR WILSON

The State charged the defendant with forgery and falsifying a public document. After a jury found the defendant guilty, the district court sentenced him to a term of imprisonment. The defendant appealed. We transferred the case to the court of appeals, and the court of appeals affirmed the convictions. The defendant asked for further review, which we granted. On further review, we allow the c... More...   $0 (02-25-2016 - IA)

STATE OF IOWA vs. NATHAN JAMES ERICSON

Ericson was a backseat passenger in a Cadillac stopped for excessive
window tint on Interstate 29 in the afternoon of December 21, 2013. Iowa State
Trooper Chad Schweitzberger discovered the driver did not have a valid license.
The trooper asked the two passengers for identification. Trooper Schweitzberger
learned Ericson’s driver’s license was revoked for drug-related charg... More...
   $0 (02-24-2016 - IA)

STATE OF IOWA vs. ALONZO RAY STOKES

Alonzo Stokes appeals his conviction for robbery in the first degree,
asserting insufficient evidence supports his conviction. He claims the two
witnesses who testified against him were accomplices, and their testimony was
not corroborated; however, we conclude sufficient evidence supports the
conviction because, even if the jury found the witnesses to be accomplices, the
... More...
   $0 (02-24-2016 - IA)

State of Missouri vs. Maurice D. Weaver

Weaver was charged in the Circuit Court of Cass County with one count of
robbery in the first degree and one count of armed criminal action. These charges arose
out of the robbery of a Sonic Drive-In restaurant in Raymore, Missouri, ("Raymore
Sonic") on the evening of January 12, 2012.
Prior to the crime, late in November of 2011, Weaver began a relationship with
Julie J... More...
   $0 (02-24-2016 - MO)

State of Missouri vs. James E. Spurgeon

Appellant was charged with one count of driving while intoxicated, one count of
operating a motor vehicle in a careless and imprudent manner, and one count of failing to
maintain financial responsibility. Appellant was tried at a bench trial on January 14, 2014, which
produced the following facts, viewed in the light most favorable to the verdict.
Missouri State Highway Pat... More...
   $0 (02-24-2016 - MO)

Joseph Thomas Gabay v. The State of Texas

On the evening of June 28, 2012, two motorists driving on the westbound access road of
Interstate 10 in Kendall County saw a body and scattered pieces of a bicycle lying in a ditch beside
the road. Emergency responders were dispatched at 7:16 p.m. and arrived within five minutes.
The victim, identified as Dr. Larry Becker, was pronounced dead at the scene.
Photographs of th... More...
   $0 (02-24-2016 - TX)

Roland Hampton v. The State of Texas

A jury convicted appellant Roland Hampton of driving while intoxicated. See Tex.
Penal Code § 49.04. The trial court assessed punishment at 180 days’ confinement, suspended the
imposition of the sentence, and placed appellant on community supervision for a period of
18 months. On appeal, appellant contends that he received ineffective assistance of counsel at trial
and that the ... More...
   $0 (02-24-2016 - TX)

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