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Assault and Battery Law
 
Daniel Manuel Castorena a/k/a Daniel Castorena v. The State of Texas

With the trial court’s express permission,2 Daniel Manuel Castorena
appeals from his plea-bargained conviction and six-year sentence for aggravated
assault with a deadly weapon. See Tex. Penal Code Ann. § 22.02(a)(2) (West
2011). Appellant raises a single issue: “Whether the trial judge, abandoning his
role as a neutral and detached jurist to advise the defendant on the meri... More...
   $0 (12-09-2016 - TX)

Jose Manuel Nuncio v. The State of Texas

In May 2015, Damaris Lugo placed a call to 911. Lugo told the operator
that she had been hit by her husband, appellant, and that she had fled their house
with their two children. Lugo said that she needed the police and gave the operator
her current location, which was a few blocks away from her and appellant’s house.
The operator then asked about appellant’s location and w... More...
   $0 (12-09-2016 - TX)

John Cruz Buentello v. The State of Texas

Buentello lived out-of-state but would visit his son and his son’s family in
the Houston area occasionally. The son had a blended family with five children,
including Amy,2 who was Buentello’s son’s step-daughter.
According to Amy’s mother, Buentello visited only occasionally in the
beginning and would spend equal time with all the children. Over time, though, his
visits ... More...
   $0 (12-09-2016 - TX)

Success Irhirhi v. The State of Texas

On July 5, 2013, Irhirhi got into an argument with his girlfriend, Fatmata
Sensie, at her home. The argument became physical, and Irhirhi punched Sensie in
her face with a closed fist, causing her lip to bleed and causing pain. Sensie
threatened to call the police, and Irhirhi left. Sensie called 911, asking for police to
be dispatched to her home, and explained that her boy... More...
   $0 (12-09-2016 - TX)

Jose Antonio Garcia v. The State of Texas

Jose Antonio Garcia was charged with aggravated kidnapping in connection
with an incident that occurred at a convenience store in Montgomery County,
Texas. The complainant, M.J., testified that one night while she was working the
graveyard shift, Garcia came into the store to buy a fountain drink. After he bought
the drink and left, he returned to the store, walked up to M.J., ... More...
   $0 (12-08-2016 - TX)

Sam Autry Fletcher v. The State of Texas

On December 1, 2012, Hugo Iguirre picked up his wife Ivette from her night
job, and they then went to Ivette’s brother’s house—where they were staying the
night—arriving about 3:30 a.m. A small, white SUV sped up and parked behind
them. Ivette believed the vehicle to be a Dodge Nitro or similar model. Four or
five men jumped out carrying rifles and claiming to be police. Th... More...
   $0 (12-08-2016 - TX)

STATE OF KANSAS v. DARRON EDWARDS

In January 1992, Edwards signed a document entitled, "Defendant's Acknowledgement of Rights and Entry of Plea," in which he agreed to plead guilty to eight crimes, to-wit: two counts of aggravated kidnapping, two counts of rape, and one count each of aggravated criminal sodomy, aggravated burglary, attempted rape, and aggravated battery. The State agreed to recommend a "sentence of one life sente... More...   $0 (12-08-2016 - )

STATE OF KANSAS v. ANDRE DERON HARRIS

Andre Deron Harris pled guilty to one count of domestic battery. At sentencing Harris' attorney made an oral motion to continue sentencing. Harris' attorney noted that Harris had a different case set for sentencing the following month and that he thought "it would be beneficial, at least for the Court, if nothing else, to see what [Harris'] situation is more fully than just this case." Harris' att... More...   $0 (12-08-2016 - KS)

STATE OF KANSAS v. TIMOTHY WESLEY MILLER

Miller pled guilty to one count of aggravated battery and his third offense for driving under the influence—both felonies. At the time Miller committed these crimes he was on probation for two separate cases—one in Johnson County and the other in Shawnee County. He was also on bond in another case in Shawnee County.

The district court sentenced Miller to 16 months in prison and 12 mon... More...
   $0 (12-08-2016 - KS)

STATE OF KANSAS v. BRIAN A. MURRIN

Brian A. Murrin appeals following his convictions of possession of marijuana, possession of drug paraphernalia, criminal trespass, and interference with law enforcement. Murrin argues (1) the district court erred by not instructing the jury on voluntary intoxication as a defense to the crimes of criminal trespass and interference with law enforcement, (2) the district court erred by failing to gi... More...   $0 (12-08-2016 - KS)

State of Oklahoma v. Eric William Roberts

Sapulpa, OK - Former Oklahoma Highway Patrolman Sentenced to Prision

The State of Oklahoma charged former Oklahoma highway partolman Eric William Roberts, age 44, with second-degree rape, rape by instrumentation, forcible sodomy, sexual battery and bribery, misdemeanor solicitation of a lewd act, prostitution and embezzlement.

The charges related to allegations of sexual miscondu... More...
   $0 (12-08-2016 - OK)

STATE OF KANSAS v. FREDERICK EUGENE MARSH

This case is unusual because the district court heard testimonial evidence at the sentencing hearing on the facts surrounding the 1992 burglary conviction.

On October 31, 2013, Frederick Marsh pleaded guilty to one count of unlawful possession of methamphetamine with intent to distribute. The PSI report assigned Marsh a criminal history score of "B". Marsh's criminal history consisted o... More...
   $0 (12-07-2016 - KS)

STATE OF KANSAS v. RODNEY ALLEN WRIGHT

On March 29, 2015, at around 7 p.m. Joe Morgan met Justin Cook at a property Morgan was buying. An older house and Rodney Wright's camper both stood on the property. This property was next door to a property Morgan already owned.
Morgan and Cook began examining the house for possible repairs. Wright came out of his camper and told Morgan he was trespassing. Morgan told Wright he was buying th... More...
   $0 (12-07-2016 - KS)

WALTER MILLER v. STATE OF KANSAS Sex Offender

Walter Miller appeals the district court's summary denial of his K.S.A. 60-1507 motion. After Miller was convicted of failing to register under the Kansas Offender Registration Act (KORA), K.S.A. 22-4901 et seq., the Kansas Prisoner Review Board (Board) revoked his lifetime postrelease supervision and placed him in prison for the remainder of his life. In his petition, Miller claimed the Board's d... More...   $0 (12-07-2016 - KS)

CARLOS CHAVEZ-AGUILAR, JR. v. STATE OF KANSAS

Around 1:30 a.m. one morning in August 2008, a gang-related fight involving Chavez-Aguilar and his brother, Rene, erupted outside a nightclub in Wichita. As the fight wound down, Rene drove his truck through the crowd, killing two people and injuring a third. Chavez-Aguilar was in the passenger seat, and according to several witnesses, he was shouting and cursing out the window as Rene drove. More...   $0 (12-07-2016 - KS)

STATE OF NEBRASKA V. DONTEVOUS D. LOYD

Following jury selection, trial commenced March 15, 2016, and finished the following day. The testimony of witnesses and other evidence received revealed the following. On March 31, 2015, Officers Scott Zymball, Jaime Desautels, and Nathan Buresh, all from the Omaha Police Department, responded to a dispatch received at 4:39 a.m. regarding a burglary
- 1 -
in progress at a residence on ... More...
   $0 (12-07-2016 - NE)

State of Nebraska v. Frantz G. Kolbjornsen

In September 2014, Kolbjornsen began serving sentences imposed for criminal offenses committed in Hamilton County, Nebraska. Approximately 2 months later, the State filed a complaint in the county court for Hall County, alleging that Kolbjornsen committed assault on a peace officer in the third degree. On December 16, the State received a letter from the Department of Correctional Services stating... More...   $0 (12-07-2016 - NE)

STATE OF SOUTH DAKOTA v. JOHN T. PENTECOST

On April 19, 2012, Pentecost hired a locksmith to rekey the home that
he previously shared with his ex-wife, L.S., during their marriage. After gaining
entrance to the house, he sent L.S. a text message informing her that he had
changed the locks and moved some of his property inside because he wanted “to get
a piece of his life back.” L.S., who was at work, called the police... More...
   $0 (12-06-2016 - SD)

United States of America v. Brian Eugene Sczenski

COEUR D’ALENE - Worley Man Pleads Guilty to Assault

Brian Eugene Sczenski, 32, of Worley, Idaho, pleaded guilty to assault with the intent to commit robbery.

According to the plea agreement, Sczenski admitted on April 18, 2016, the victim returned home to see Sczenski driving away from his home on the victim's 2016 utility task vehicle (UTV). The victim jumped on his 2010 UTV an... More...
   $0 (12-06-2016 - ID)

STATE OF MONTANA v. RICHARD NORMAN KAMPF

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not
serve as precedent. Its case title, cause number, and disposition shall be included in this
Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana
Reports.
¶2 Richard Kampf (K... More...
   $0 (12-05-2016 - MT)

STATE OF NEW JERSEY v. MARK PEPE

Defendant Mark Pepe is a convicted sex offender. He appeals
from a July 14, 2015 order denying his petition for post-conviction
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in o... More...
   $0 (12-05-2016 - NJ)

STATE OF NEW JERSEY v. MATTHEW J. RAMOS,

Defendant Matthew J. Ramos appeals from the June 16, 2015 Law
Division order, which denied his petition for post-conviction
relief (PCR) without an evidentiary hearing. We affirm.
We derive the following facts from the record. A grand jury
indicted defendant for first-degree murder (of Denise Leonard),
N.J.S.A. 2C:11-3(a)(1) and (2) (count one); first-degree attempt More...
   $0 (12-05-2016 - NJ)

STATE OF NEW JERSEY VS. HASSAN SHOULARS

A jury found defendant Hassan Shoulars guilty of theft of
movable property, burglary, and resisting arrest. The judge
sentenced defendant to an aggregate term of five years of
imprisonment, consecutive to a prison term defendant received for
an unrelated offense. Defendant appeals from his conviction and
the sentence imposed, arguing:
POINT I

DEFENDAN... More...
   $0 (12-05-2016 - NJ)

Lawrence Reed a/k/a Lawrence Perryn Reed a/k/a Lawrence P. Reed v. State of Mississippi

At trial the following individuals testified concerning statements made to them by
Reed: Trooper Milton Williams, of the Mississippi Highway Patrol; Lenora Dampier, Reed’s
girlfriend; Investigator Joseph Wide, of the Coahoma County Sheriff’s Office; Investigator
Bryan Sullivant, of the Mississippi Bureau of Investigations (MBI); and Investigator Marena
Jones, of the Coahoma County ... More...
   $0 (12-04-2016 - MS)

UNITED STATES OF AMERICA v. JABAR GILLIAM, AKA Jamal Gilliam, AKA Jabal Gilliam, AKA JB

The Defendant’s offenses concern sex trafficking of a minor known as Jasmin. She recounted at
trial the facts concerning Gilliam’s offenses. Gilliam met Jasmin in Maryland in late October or early November 2011.
She was sixteen at the time, but told Gilliam that she was seventeen. Gilliam asked Jasmin to work for him as a
prostitute after she told him she was working for another pim... More...
   $0 (12-04-2016 - )

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