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Assault and Battery Law
 
Commonwealth v. Morales

This case is before us on a reservation and report from a single justice of the county court. It concerns a court's authority to revoke a defendant’s bail pursuant to G. L. c. 276, § 58, where the defendant who was "on release" defaulted by failing to appear in court and later was charged with committing a new crime. A judge in the Boston Municipal Court concluded that a defendant in these circu... More...   $0 (02-03-2016 - MA)

Michael Allan Lindstrom v. The State of Wyoming

In October 2012, Kari Packard, a caseworker with the Wyoming Department of Family Services (DFS), contacted the Buffalo Police Department after six year old CS, Mr. Lindstrom’s second cousin, drew a picture of a naked male and made statements suggesting Mr. Lindstrom had been sexually inappropriate with her. Ms. Packard subsequently interviewed CS in Casper. During the interview, CS stated that... More...   $0 (02-01-2016 - WY)

Commonwealth Of Massachusetts v. Laguer

On January 30, 1984, Benjamin Laguer was convicted by a jury in Superior Court of unarmed robbery,
breaking and entering in the nighttime with intent to commit a felony, assault and battery, and aggravated rape.1 On appeal from a denial of the latest in a long series of motions2 for a
new trial, the defendant argues that the motion judge erred in
finding that certain evidence, spe... More...
   $0 (01-30-2016 - MA)

Michelle Park v. Gregory McLain

Tulsa, OK - Michelle Park sued Gregory McLain on assault and battery theories claiming:

1. The party litigants are residents of Tulsa County, State of Oklahoma, and the incidents out of which this suit arises occurred within the confines of Tulsa County, State of Oklahoma. This Honorable Court therefore has jurisdiction and venue over the party litigants named herein.
II. FACTUAL ALL... More...
   $1 (01-28-2016 - OK)

COMMONWEALTH OF MASSACHUSETTS vs. JOSEPH HUGAL.

After pleading guilty to armed assault with intent to
murder, assault and battery by means of a dangerous weapon,
mayhem, and assault by means of a dangerous weapon, the
defendant was sentenced to prison. In addition, he was placed
on lifetime probation subject to specific conditions,1 which the
defendant unsuccessfully moved to modify or terminate on five
separate o... More...
   $0 (01-26-2016 - MA)

WHITAKER v. STATE OF OKLAHOMA

The State's acceleration application alleged that Whitaker violated the terms and conditions of his probation after he was charged with Domestic Assault and Battery in Tulsa County Case No. CF-2013-1907. At Proposition 1, Whitaker argues the State presented insufficient evidence to show, by a preponderance of the evidence, that he committed the charged offense. The State claimed that Whitaker and... More...   $0 (01-25-2016 - OK)

COMMONWEALTH vs. LAURIE ANN REDMAN

Over objection by defense counsel, Officer Mulkerin was allowed to
testify at trial that, at the time Officer Gould attempted to
handcuff the defendant while placing her under arrest, the
defendant stated that she could not be arrested inside of her
home. The defendant contends that the statement constituted
improper evidence of prior bad acts. In response, the
Comm... More...
   $0 (01-19-2016 - MA)

State Of Rhode Island v. Jose Lopez

On December 18, 2013, a criminal information was filed charging defendant with: Count
One, assault with a dangerous weapon on Jorge Semidey, in violation of § 11-5-2; Count Two,
assault with a dangerous weapon constituting domestic violence against Maribel Bonet-Perez, in
violation of § 11-5-2 and G.L. 1956 § 12-29-5; Count Three, carrying a pistol without a license,
in violati... More...
   $0 (01-16-2016 - RI)

State of Oklahoma v. Joseph Allen Brown

Tulsa, OK - Man convicted of murder and reckless conduct with a firearm

The State of Oklahoma charged Joseph Allen Borwn, age 56, with first-degree murder for killing Omar Carillo Florez and the shooting of Terry Fitzgerald Jackson on March 2, 2015.

That STEVE KUNZWEILER, the duly elected and qualified District Attorney for Tulsa County, Oklahoma, who prosecutes in the name and b... More...
   $0 (01-14-2016 - OK)

Commonwealth v. Rezendes

In July, 2013, a jury convicted the defendant on two indictments charging assault and battery by means of a dangerous weapon and three indictments involving weapons charges: unlawful possession of a firearm, in violation of G. L. c. 269, § 10(a); unlawful discharge of a firearm within 500 feet of a building, in violation of G. L. c. 269, § 12E; and unlawful possession of a loaded firearm, in viol... More...   $0 (01-09-2016 - MA)

State of Oklahoma v. Angel Marie Proctor

Tulsa, OK - Woman sentenced to life in prison after pleading guilty to kidnapping, assault and battery with a deadly weapon and murder

The State of Oklahoma charged Angel Marie Proctor, age 31, with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 11/09/2013
Party Name Disposition Information
PROCTOR, ANGEL M... More...
   $0 (01-06-2016 - OK)

Steven M. Porvaznik v. The State of Wyoming

This matter came before the Court upon its own motion following notification that Appellant has not filed a pro sebrief within the time allotted by this Court. Pursuant to a plea agreement, Appellant entered an unconditional “no contest”plea to one count of aggravated assault and battery. Wyo. Stat. Ann. § 6-2-502(a)(ii). The district court imposed a sentence of six to nine years. Appellant fi... More...   $0 (01-06-2016 - WY)

United States v. Flores-Granados

In 2013, Marlon Flores-Granados pled guilty to a single-count indictment for illegal reentry into the United States following deportation and a conviction for an aggravated felony. See 8 U.S.C. § 1326(a), (b)(2). He now challenges his sentence, specifically the 16-level enhancement that was applied pursuant to the United States Sentencing Guidelines § 2L1.2(b)(1)(A)(ii) for prior conviction of a ... More...   $0 (01-06-2016 - VA)

Spencer v. State Of Alabama

"On July 17, 2004, Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett, of the Birmingham Police Department, were shot and killed, and a fourth officer, Officer Michael Collins, also of the Birmingham Police Department, was shot but survived. Officer Collins testified that while on patrol that morning, he heard a radio transmission from Officer Owen indicating that Officer Owen wa... More...   $0 (01-02-2016 - AL)

United States v. Lente

Following a drunk-driving crash on the Isleta Pueblo in New Mexico, in which three people were killed and another severely injured, Lente pled guilty to three counts of involuntary manslaughter and one count of assault resulting in serious bodily injury. According to the pre-sentence investigation report (“PSR”), her advisory Guidelines range was 46 to 57 months' imprisonment. However, the distric... More...   $0 (01-02-2016 - NM)

United States of America v. Baker

The government accused fifteen defendants of drug trafficking offenses in a seventeen-count indictment: Kenneth Williams, Efrain Casado, Leonard Brown, Lenard Brown, Susan Hall Gibson, Bernard Shaw, Marvin Baker, Malcolm Shaw, Ronald Raye, Wayne Baptiste, Michael Harper, Arthur Pless, Ben Johnson, Jonathon Hawthorne, and Charton Darces.1 Three defendants, Bernard Shaw, Ronald Raye, and Charlton Da... More...   $0 (01-02-2016 - FL)

United States of America v. Kenneth Eugene Barrett

In January 1999 a warrant was issued for Defendant's arrest for failure to appear at a state criminal trial on drug charges. That September an agent for Oklahoma's District 27 Drug Task Force learned from a confidential informant that Defendant had methamphetamine at his residence. The confidential informant also told the agent that Defendant had promised to kill any officer who came to arrest hi... More...   $0 (01-02-2016 - OK)

Jane Doe 136 vs. Ralph Liebsch,

The question presented by this case is whether the district court abused its
discretion when it excluded evidence of an Alford plea entered during a previous criminal
proceeding regarding the same course of conduct from being considered in a subsequent
civil trial. The civil jury found respondent Ralph Liebsch not liable for sexual assault and
battery against appellant Jane Do... More...
   $0 (12-31-2015 - MN)

Jones v. Norton

This case arises from the death of Ute Tribe member Todd R. Murray on
April 1, 2007, following a police pursuit. Murray’s parents Debra Jones and
Arden Post, on behalf of themselves and Murray’s estate, brought a 13-count
complaint in the district court alleging various constitutional violations under 42
U.S.C. § 1983, conspiracy to violate civil rights under 42 U.S.C. § 1985, and... More...
   $0 (12-29-2015 - UT)

Kiley J. Cecil v. The State of Wyoming

Appellant and the victim, Michelle DeVault, lived together in Douglas, Wyoming. On the night of April 4, 2014, Appellant arrived home from work and the victim noticed that he had been drinking. Appellant began arguing with the victim and eventually became violent. Appellant grabbed the victim by her hair and pushed her head into a wall. The victim lost consciousness and when she regained awaren... More...   $0 (12-29-2015 - WY)

Commonwealth of Massachusetts v. St. Louis

In this case, we are asked to examine whether the term "intellectual disability" in G. L. c. 265, § 13F
(indecent assault and battery on a person with an intellectual disability), renders the statute unconstitutionally vague. On
the effective date of November 2, 2010, the Legislature amended the statute substituting the term "mentally retarded person"
with "person with an intellect... More...
   $0 (12-27-2015 - MA)

State Of Kansas v. Robinson

Robinson was a self-employed, but not entirely successful, entrepreneur. In the 1970s, he formed Hydro-Gro, Inc., a company that produced hydroponic vegetables. In the 1980s, Robinson offered financial consulting services through his company Equi II. His operations were interrupted when he was convicted of a nonperson felony and incarcerated at the Western Missouri Correctional Center in Cameron,... More...   $0 (12-26-2015 - KS)

State Of Nebraska v. Loyd

Loyd was originally charged with first degree murder. He pled no contest to the amended charge of second degree murder, a Class IB felony, and was sentenced to 30 to 35 years in prison, with credit for 606 days served. The factual basis for the conviction shows that on August 14, 2013, Loyd assaulted and strangled his former girlfriend, resulting in her death, after which he placed her body in an... More...   $0 (12-23-2015 - NE)

Commonwealth of Pennsylvania v. Kathryn Knott

Philadelphia, PA - Defendant found guilty assault and conspiracy to commit assault

The Commonwealth of Pennsylvania charged Kathryn Knott, age 25, with assault and battery, conspiracy to commit assault, battery and reckless endangerment and felony aggravated assault as a result of having attacked and beaten two victims as they walked to get pizza in Center City on September 11, 2014. Phi... More...
   $0 (12-18-2015 - PA)

United States v. Barrett

Defendant Kenneth Barrett was sentenced to death after being convicted in federal court on two counts of felony murder and one count of intentionally killing a state law-enforcement officer. We affirmed on direct appeal. See United States v. Barrett, 496 F.3d 1079 (10th Cir. 2007). Defendant then filed a motion for relief under 28 U.S.C. § 2255, which the district court denied. See Barrett... More...   $0 (12-15-2015 - OK)

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