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Assault and Battery Law
 
State of Tennessee v. William Henry Smith, Jr.

A Bedford County grand jury indicted the Defendant for conspiracy to sell and deliver a Schedule II drug. At trial, the parties presented the following evidence: Jose Ramirez, a Marshall County Sheriff’s Department deputy, testified that he was assigned to the 17th Judicial District Drug Task Force. During the course of his work with the Task Force, Agent Ramirez became familiar with the Defend... More...   $0 (01-16-2017 - TN)

Joseph Brennan, et al v. Board of Parole For The State of Tennessee

In January 2009, Joseph Brennan pleaded guilty to two counts of attempted rape of a child.1 He was sentenced to serve ten years, consecutively, for each count of attempted rape for an effective sentence of twenty years, with a release eligibility of thirty percent. Mr. Brennan began serving his sentence on April 3, 2009.

On March 26, 2013, a Tennessee Board of Parole hearing officer co... More...
   $0 (01-16-2017 - TN)

THE STATE OF NEW HAMPSHIRE v. SEAN MCINNIS

Following a bench trial based upon stipulated facts, the defendant, Sean McInnis, was convicted of two counts of possession of a controlled drug. See RSA 318-B:2, I (2011). On appeal, he challenges his convictions, arguing that the Superior Court (Tucker, J.) erroneously denied his motion to suppress. We affirm.

The following facts are drawn from the trial court’s order, or are oth... More...
   $0 (01-16-2017 - NH)

COMMONWEALTH vs. STEVEN CARUSO

On January 20, 2000, Sandra Berfield, the victim,
received a package containing a pipe bomb, which exploded when
she opened it, blowing her body asunder and killing her
instantly. A jury in the Superior Court found the defendant,
Steven Caruso, guilty of murder in the first degree on theories
of deliberate premeditation and extreme atrocity and cruelty.
The defenda... More...
   $0 (01-16-2017 - MA)

Craig Nesbitt v. State of Indiana

In May 2015, Brandon McClendon, Andreas Wells, and Terrell Gordon shared
an apartment in Indianapolis. On the morning of May 26, McClendon was
getting ready for work while Wells was asleep and Gordon was in the
bathroom. As McClendon opened his apartment door to leave, two males
brandishing guns pushed their way into the apartment and grabbed McClendon
by his shirt. One... More...
   $0 (01-16-2017 - IN)

Untied States of America v. Jason Martinez

Pierre, SD - McLaughlin Man Sentenced for Domestic Assault by an Habitual Offender

A McLaughlin, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on January 5, 2017, by U.S. District Judge Charles B. Kornmann.

Jason Martinez, age 41, was sentenced to 120 months in custody, 3 years of supervised release, and a special assessment to the Federal ... More...
   $0 (01-16-2017 - OK)

Untied States of America v. Johnny Walker Bull

Lower Brule Man Sentenced for Assaulting a Federal Officer

A Lower Brule, South Dakota, man charged with Assaulting, Resisting, and Impeding a Federal officer pled guilty.

Johnny Walking Bull, age 32, was sentenced to 10 months in custody, 12 months of supervised release, and $25 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on ... More...
   $0 (01-16-2017 - SD)

Ricky Snelling v. State of Indiana

In September 2011, the State charged Snelling with Class C felony criminal
recklessness, Class D felony criminal recklessness, and Class D felony battery.
Snelling pled guilty to Class D felony criminal recklessness and Class D felony
battery. On September 16, 2013, the trial court sentenced Snelling to “3 years
suspended and to be served on probation for a period of 2 years”... More...
   $0 (01-16-2017 - IN)

In re Timothy Leslie, Dakota County Sheriff & State of Minnesota vs. John David Emerson

On January 14, 2016, the Dakota County Attorney, on behalf of the State of
Minnesota, charged Respondent John David Emerson with second-degree assault with a
dangerous weapon. See Minn. Stat. § 609.222, subd. 1 (2016). The district court found
there was probable cause for the charge and Emerson was arrested. At Emerson’s first
appearance, and upon his counsel’s oral motion, ... More...
   $0 (01-16-2017 - MN)

United States of America v. Richard Stroh, Logan Weniger, Neal Maddox, Misty Beck

Missoula, MT - Drug Operation Convicts 8 Defendants of Montana Drug Trafficking and Firearm Possession

The United States Attorney’s Office announced the completion of a Montana operation that convicted eight defendants for methamphetamine distribution and illegal possession of 68 firearms and thousands of rounds of ammunition. The operation, which joined numerous law enforcement agencies ... More...
   $0 (01-16-2017 - MT)

Tomeka Cherrie Battles v. The State of Texas

Appellant and her fiancé Ron Gordon were entertaining several of appellant’s cousins and one of Gordon’s friends at their apartment on the evening of June 15, 2013. At some point late in the evening, Gordon told appellant that it was time for the guests to leave. An argument ensued between appellant and Gordon, but the situation was defused and the guests left. Appellant and Gordon resumed their... More...   $0 (01-15-2017 - TX)

Dakota Ryan Palmer v. The State of Texas

On October 2, 2014, pursuant to a plea agreement, appellant pleaded guilty to
assault family violence, and the trial court sentenced him to 250 days’ confinement and a
$4,000 fine. See TEX. PENAL CODE ANN. § 22.01(b)(2) (West, Westlaw through 2015 R.S.).
The trial court suspended the sentence and placed appellant on community supervision
for fifteen months. On July 7, 2015, ... More...
   $0 (01-15-2017 - TX)

Rudolph Chestang, III v. The State of Texas

On June 15, 2016, Appellant was detained for attempted murder and prohibited substance in a correctional facility. The trial court set bond at $125,000 for attempted murder and $25,000 for the prohibited substance offense. On September 13, Appellant filed an application seeking a bail reduction or personal recognizance bond. On September 22, the trial court held a hearing to consider a “writ of... More...   $0 (01-15-2017 - TX)

Trevor Ashley Wolfe v. The State of Texas

In the summer of 2013, Appellant was in a dating relationship with Kim Mitchell. Appellant and Mitchell lived together in Midland. However, Mitchell decided that she no longer wanted a relationship with Appellant and began moving her belongings out of Appellant’s home. On the evening of July 27, Mitchell arrived at Appellant’s home with three friends: Marty Brown Rex, Doc Rex, and Tim Frazier. ... More...   $0 (01-15-2017 - TX)

Richard Garcia v. The State of Texas

In his first issue, Garcia contends that the evidence is legally insufficient to
establish that the protective order was issued at a proceeding that he attended. We
disagree.
A. Applicable Law
In reviewing the sufficiency of the evidence to support a conviction, we view all
of the evidence in the light most favorable to the prosecution to determine whether any
ration... More...
   $0 (01-15-2017 - TX)

Bobby Raymond Anderson v. The State of Texas

On November 15, 2012, an indictment issued in Cause Number 10,930 alleging
Appellant had engaged in the continuous sexual abuse of M.A.,5 a child younger than
seventeen years of age.6 That same day, a second indictment issued in Cause Number
10,931 alleging Appellant had committed ten separate acts of indecency with a child.
The ten-count indictment alleged Appellant intentio... More...
   $0 (01-15-2017 - TX)

United States of America v. Donovan Chaca

Phoenix, AZ - Mesa Man Sentenced to Total of 90 Months for Domestic Violence Offenses

Donovan Chaca, 38, of Second Mesa, Ariz., was sentenced to 67 months of imprisonment, in addition to 23 months already served on related prosecutions in the Hopi Tribal Court. Chaca had previously pleaded guilty to assault resulting in substantial bodily injury to a dating partner and assault by strangli... More...
   $0 (01-15-2017 - AZ)

Selvin Santos-Hernandez v. The State of Texas

While driving down a road in Grand Prairie on February 17, 2013, appellant and his wife
Destinee began arguing. Appellant was driving. The couple’s six-month-old baby was in a
1 The Hon. Martin Richter, Justice, Court of Appeals, Fifth District of Texas at Dallas, Retired, sitting by assignment.
–2–
carseat in the back seat of... More...
   $0 (01-14-2017 - TX)

Luis Rocha v. The State of Texas

A jury convicted appellant Luis Rocha of assault of a family or household member, and
the trial court assessed punishment at forty years’ imprisonment.1 In a single issue, Rocha argues
the trial court abused its discretion by allowing in evidence of three extraneous bad acts, and the
admission of such evidence resulted in harm. We affirm the trial court’s judgment.
Rocha and... More...
   $0 (01-14-2017 - TX)

Harlan Wayne Routon v. The State of Texas

Because appellant does not challenge the sufficiency of the evidence to support the acts
of sexual abuse he committed against S.R., we provide only a limited recitation of the underlying
facts. TEX. R. APP. P. 47.1. S.R. and appellant, her grandfather, had a close relationship. She
and her sister regularly spent time at their grandparents’ home in Wylie. When S.R.’s parents
... More...
   $0 (01-14-2017 - TX)

Wayne Lee Horton v. The State of Texas

Horton was charged with assault against his wife, a member of his family as designated by
Family Code section 71.003. See TEX. PENAL CODE ANN. § 22.01(a), (b)(2)(A) (West Supp. 2016);
see also TEX. FAM. CODE ANN. § 71.003 (West 2014). The indictment alleged that, on or about
November 11, 2014, Horton “did . . . intentionally and knowingly cause bodily injury to Stephanie
Anne... More...
   $0 (01-14-2017 - TX)

Benjamin James Fox v. The State of Texas

Fox is A.F.’s father. At the time of the offense, Fox was married to A.F.’s mother. One
evening, she discovered Fox and A.F. standing nude in the bathroom together. According to A.F.’s
mother, Fox was standing in front of A.F. with his boxers slightly lowered, and he leaned over to
kiss A.F. A.F.’s mother asked them what was going on, and Fox explained he was going to use
t... More...
   $0 (01-14-2017 - TX)

Kayla Jean Lardieri v. The State of Texas

On a freezing night in December 2013, appellant, who was seventeen years old, along
with two other women, attacked the victim in the back bedroom of a trailer in Comal County. The
women had asked the victim to come to the back bedroom and then confronted her with accusations
that she was an “informant,” had recorded drug transactions, “cloned” phones, and had slept with
one of the... More...
   $0 (01-14-2017 - TX)

Joseph Weber v. The State of Texas

After dating Susan Smith for several months, Weber moved in with Smith and her 3
infant son N.M. Approximately one year later, Smith gave birth to her and Weber’s son E.W. When
N.M. was approximately four years old, N.M. told Smith that Weber had touched himself in front
of N.M. and “had played games with [N.M.] and” E.W., and Smith also noticed N.M. “behaving in
an abnormal way,... More...
   $0 (01-14-2017 - TX)

Commonwealth of Pennsylvania v. Quadir Shahidd Taylor

Allentown, PA - Jury Convicts Home Invader of Second-Degree Murder

The Commonwealth of Pennsylvania charged Quadir S. Taylor murdering Carrie Smith, age 76, during a home invasion of her home on January 15, 2015. She died of an apparent heart attack. She was 76-years-old.

The was charged with:

1. Criminal Homicide
2. Robbery-Threat Immediate Serious Injury
3. ... More...
   $0 (01-14-2017 - PA)

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