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Assault Law
 
STATE OF KANSAS v. RICK HILL

Pursuant to a plea agreement, Hill was convicted by the Geary County District Court of three counts of aggravated assault arising out of an incident on April 22, 2014. The sentencing court found that Hill's criminal history score was A, based in part on classifying three prior Missouri second-degree burglary convictions arising out of a 2004 case as person offenses. The sentencing court followed t... More...   $0 (07-16-2018 - KS)

STATE OF KANSAS v. NICHOLAS WAYNE FAGLIE

On January 25, 2016, Kristopher Schultz was at Charlie's Place, a bar in Emporia, Kansas. Schultz' friend, Christopher Walburn, was drinking with him in the bar. Faglie also went to Charlie's Place that night with his friend, Dustin Dingman. During the evening, the four men—Schultz, Walburn, Faglie, and Dingman—were drinking shots and other alcoholic beverages at the bar. The bartender noticed som... More...   $0 (07-16-2018 - KS)

STATE OF KANSAS v. ALTON SILVERSON

Silverson was charged with several crimes resulting from an incident that occurred at the Kunkle residence, where Rita and David lived with their adult daughter, Ruth. The events were recounted by the Kunkle family at trial.

As Rita and Ruth were returning home from the grocery store on the evening of December 2, 2015, they saw a car pull into a driveway across the street. Rita went in... More...
   $0 (07-16-2018 - KS)

LARRY M. SLUSSER v. UNITED STATES OF AMERICA UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Slusser pleaded guilty in 2011 to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). As part of his plea agreement, Slusser waived his right to “file any motions or pleadings pursuant to 28 U.S.C. § 2255 or to collaterally attack [his] conviction[] and/or resulting sentence,” except challenges involving ineffective assistance of counsel or prosecutorial misconduct. The... More...   $0 (07-15-2018 - )

UNITED STATES OF AMERICA v. JOSEPH KELVIN ABERANT,

We review a defendant’s sentence “under a deferential abuse-of-discretion standard.” Gall v. United States, 552 U.S. 38, 41 (2007). Under this standard, a sentence is reviewed for both procedural and substantive reasonableness. Id. at 51. In determining procedural reasonableness, we consider whether the district court properly calculated the defendant’s advisory Guidelines range, gave the ... More...   $0 (07-15-2018 - NC)

Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds, ex rel State of Iowa and Iowa Board of Medicine SUPREME COURT OF IOWA

In this appeal, we must decide if the constitutional right of women to choose to terminate a pregnancy is unreasonably restricted by a statute that prohibits the exercise of the right for a period of seventy-two hours after going to a doctor. In making this decision, we recognize the continuing debate in society over abortion and acknowledge the right of government to reasonably regulate the const... More...   $0 (07-15-2018 - IA)

UNITED STATES OF AMERICA - v - EDWIN HERNANDEZ, AKA Scooby, AKA Masacre

The present prosecution arises out of shootings on October 23, 2011, in 3 Central Islip, New York, in which Robert Faber and Curtis Williams were injured. 4 The operative indictment charged Hernandez in six counts, three with respect to each 5 victim. Counts Four and Five alleged that Hernandez, for the purpose of gaining 6 entrance to, and maintaining or increasing his position in, MS-13, atte... More...   $0 (07-15-2018 - NY)

BURGESS MASSEY v. UNITED STATES OF AMERICA

After the Supreme Court denied his petition for a writ  of certiorari, Massey v. United States, 549 U.S. 1136 (2007),  Massey filed his first motion for relief pursuant to 28 U.S.C.  § 2255, Massey v. United States, 08‐924, 2009 WL 1285991  (S.D.N.Y.  Apr.  23,  2009).  The  District  Court  denied  his  motion  and  did  not  issue  a  certificate  of  appealability,  finding that his three... More...   $0 (07-15-2018 - )

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

Ricky Griffitts vs. Old Republic Insurance Company, BNSF Railway Company, and James M. Campbell Missouri Supreme Court - Jefferson City, Missouri

Appellant Ricky Lee Griffitts (“Griffitts”) was rear-ended by James Campbell (“Campbell”), an employee of BNSF Railway Company (“BNSF”), in Springfield, Missouri. Campbell was driving a BNSF company vehicle and was intoxicated at the time of the collision. Numerous lawsuits ensued, including the instant equitable garnishment action that Griffitts filed against BNSF and its insurer, Old Republic (c... More...   $0 (07-15-2018 - MO)

United States of America v. Reginald Edward Green Eastern District of Texas Federal Courthouse - Beaumont, Texas

Beaumont, TX - Federal Inmate Guilty of Assaulting Prison Guard at Beaumont Facility

A jury has found a 31-year-old federal inmate guilty of assaulting a correctional officer in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Reginald Edward Green, of Washington, D.C., was found guilty of assault on a federal officer following a two-day trial before... More...
   $0 (07-15-2018 - TX)

Jose Sardinas vs. Daniel Junior, Director, Miami-Dade Corrections and Rehabilitation Department, and The State of Florida Third District Court of Appeal

Mr. Sardinas was arrested on January 15, 2018 and charged with aggravated
assault with a deadly weapon. Since that time, Mr. Sardinas has failed to comply
with the conditions of his pretrial release on at least three separate occasions. His
most recent arrest stems from an alias capias issued on December 4, 2015 and
served on June 15, 2018.
On June 24, 2018, Mr. Sardina... More...
   $0 (07-14-2018 - FL)

Milton Jackson vs. The State of Florida

On August 19, 2015, the victim was walking with a friend to a neighbor’s
house around the corner when Jackson pulled up in his car and called the victim
over to talk with him. Jackson and the victim had previously been in an on-again,
off-again relationship. The victim told Jackson that she would talk with him when
she returned from the neighbor’s house. When the victim retu... More...
   $0 (07-14-2018 - FL)

DIEGO TAMBRIZ-RAMIREZ vs. STATE OF FLORIDA

The facts of the case as set forth in the Fourth District’s opinion below are as
follows:
[In 2010, a]rmed with a knife and using a shirt as a mask, appellant broke into the victim’s home at night and attempted to sexually batter her. The victim testified that during the attack, appellant put the knife to her face and neck. The victim fought off the attacker and, after pulling off the... More...
   $0 (07-14-2018 - FL)

State of Tennessee v. Roy Lee Branner

In case number 13716, the Defendant was charged with one count of violating the HMVO law, one count of DUI, and one count of violation of the implied consent statute. In case number 13717, he was charged with one count of violating the HMVO law, one count of DUI, two counts of leaving the scene of an accident, one count of possession of drug paraphernalia, one count of evading arrest, one count o... More...   $0 (07-14-2018 - TN)

State of Tennessee v. Darrin Paul Deckard

On December 15, 2014, the Defendant was convicted of theft of property valued over $1,000 and sentenced to four years of supervised probation. We glean from the record that this conviction arose from a guilty plea involving other convictions and resulting in an effective six-year sentence. The only judgment form included in the record on appeal is for the theft conviction, and on appeal, the Def... More...   $0 (07-14-2018 - TN)

State of Tennessee v. Jamarcus Jackson

The Defendant’s convictions relate to events that occurred at The Battery, a Johnson City nightclub, in the early morning hours of March 23, 2014. The second degree murder conviction relates to the shooting death of Deshaun Greer.1 The assault conviction relates to Zachary Breedlove, and the reckless endangerment conviction relates to Jonathan McInturff.
At the trial, Amanda Chappell, test... More...
   $0 (07-14-2018 - TN)

State of Tennessee v. Johnny Lorenzo Wade

The victims, Johnny Shivers; his wife, Chermaine Owens Shivers; their then sixteen-year-old son, Jonathan Shivers; and Ms. Shivers’s twenty-one-year-old son, Markel Owens, lived on Walker Road in Jackson, Tennessee.2 Around 9:30 p.m. on January 15, 2014, their neighbor, Joseph Mosely, was returning home with his family from church when he “saw some guys” standing around a white car. As he was wa... More...   $0 (07-14-2018 - TN)

COMMONWEALTH vs. JOHN FREDETTE

In 2014, a Superior Court jury convicted the defendant, John Fredette, of murder in the first degree on a theory of felony-murder, with aggravated kidnapping as the 2 predicate felony.1 The jury based their finding of aggravated kidnapping on the third paragraph of the current version of the kidnapping statute, which punishes a kidnapping committed "while armed with a dangerous weapon... More...   $0 (07-14-2018 - MA)

STATE OF OHIO - vs - TOBY T. MCQUEEN,

Defendant-appellant, Toby McQueen, appeals his 60-month prison sentence imposed by the Clermont County Court of Common Pleas following his guilty plea to sexual battery. {¶ 2} Appellant was indicted in August 2017 with one count of rape, a felony of the first degree, and one count of sexual battery, a felony of the third degree, for engaging in Clermont CA2017-12-062 - 2 - sexual interco... More...   $0 (07-14-2018 - OH)

STATE OF OHIO vs. JAY SHERIDAN ANDREWS

We previously outlined the underlying facts in this case on direct appeal. See State v. Andrews, 9th Dist. Summit No. 25114, 2010-Ohio-6126, ¶ 2-9. To summarize, Mr. Andrews met the victim (“R.B.”) while both men were serving time in the Summit County Jail. See id. at ¶ 2. Mr. Andrews offered R.B. a place to stay and the two began living together in the spring of 2009. See id. at ¶ 3. On... More...   $0 (07-13-2018 - OH)

STATE OF OHIO vs. WAYNE TURNER

In 2016 Turner plead guilty to one count of attempted felonious assault and one count of domestic violence. At sentencing the trial court imposed 18 months of community control on each count. The trial court also imposed a prison sentence of 30 months on each count but ordered the prison terms “suspended” in favor of community control. {¶3} On June 21, 2017, the trial court conducted a comm... More...   $0 (07-13-2018 - OH)

STATE OF OHIO -vs- NORMAN L. PRYOR

On August 1, 2016 at approximately 5:30 a.m., nurse anesthetist student
B.A arrived at Aultman Hospital for her clinicals. As she walked toward the employee
entrance, she glanced over her shoulder and saw a man behind her wearing a dark
hoodie, a ski mask, and glasses. B.A screamed and began running toward the hospital,
but the man caught her, tackled her to the ground, and hel... More...
   $0 (07-13-2018 - OH)

STATE OF OHIO -vs- KENNETH E. BOLDEN

On March 8, 2002, Bolden pleaded guilty to felonious assault, R.C.
2903.11(A)(2), a second-degree felony, and aggravated robbery, R.C. 2911.03(A)(1), a first
degree felony.
{¶3} During the plea colloquy, the trial court told Mr. Bolden that he faced "up to"
five years on post-release control if sent to prison for the offenses,
If you were sentenced to prison and you were re... More...
   $0 (07-13-2018 - OH)

STATE OF OHIO v. SHAWN D. SMITH

Shawn D. Smith appeals from his conviction and sentence on one count of aggravated robbery (deadly weapon), one count of robbery (physical harm), and one count of engaging in a pattern of corrupt activity. Smith advances four assignments of error. First, he contends his robbery conviction must be reversed pursuant to State v. Colon, 118 Ohio St.3d 26, 2008-Ohio 1624, 885 N.E.2d 917. Second, ... More...   $0 (07-13-2018 - OH)

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