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Assault and Battery Law
 
Charles Samuel Crank v. The State of Texas

A jury found appellant Charles Samuel Crank guilty of continuous sexual abuse of
a young child for sexually abusing his biological daughter, R.L.C., beginning when she was eight
years old and continuing until she disclosed the sexual abuse to her mother at age 13. See Tex. 1
Penal Code § 21.02(b). The jury assessed appellant’s punishment at confinement for 50 years in the
Texas D... More...
   $0 (06-24-2017 - TX)

Christopher David Scott v. The State of Texas TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

The victim N.H. testified that Scott, with whom she had a non-exclusive dating
relationship, asked her to pick him up from a residence to give him a ride. She stated that after she
arrived, Scott asked for help getting some things from the residence. Once inside the hallway of the
house, N.H. noticed a sex toy on the floor and said “gross.” N.H. testified that Scott then “freakedMore...
   $0 (06-24-2017 - TX)

State of Tennessee v. Brandon E. Banks Davidson County Courthouse - Nashville, Tennessee

Nashville, TN - Jury Finds Former Vanderbilt Football Player Guilty On Rape Charge

The State of Tennessee charged Brandon Banks with multiple counts of aggravated rape and aggravated sexual battery for his participation in the gang rape of an unconscious female student.

The State claimed that Banks and the other participants videoed the rapes by the participants and left the woma... More...
   $0 (06-24-2017 - TN)

Matthew Devere Warfield v. The State of Texas TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

The instant charges arose out of a roadway encounter between two drivers going
northbound on Interstate 35 between San Marcos and Austin, near Kyle. Jack Drewien, driving a
red truck, was driving in the left of the three highway lanes. As he began to approach an 18-wheeler
truck driving in the center lane, he saw a white car in his rearview mirror. As he passed the truck,
he not... More...
   $0 (06-23-2017 - TX)

Edward Stuart v. The State of Texas TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Stuart was charged by indictment with aggravated assault with a deadly weapon and
tampering with physical evidence after stabbing a man with a knife and subsequently placing the
knife beneath a storage box in the bedroom of Stuart’s apartment. At trial, the jury heard testimony
from Stuart, his wife Kelli Mantel, the victim Rick Tellez, and his fiancée Julie Cortelyou. The jury
a... More...
   $0 (06-23-2017 - TX)

Motyphe Sharone Lewis v. The State of Texas Sex Offender

Monique met Appellant in July 2008. At the time, she had two children
from previous relationships, three-year-old Adriane—the complainant in this
case—and two-year-old Alicia. Appellant, Monique, and the two girls began
living together in September 2008 in an apartment complex in Arlington.
Appellant and Monique had their first child together in 2010, were married in July More...
   $0 (06-23-2017 - TX)

CHARLES LEE MOSIER SR. V. THE STATE OF TEXAS COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

In 2003, four-year old Alex and one-year old Amy2 were placed in the care
of Wendy, their mother’s aunt, and Appellant, Wendy’s husband, while Child
Protective Services (CPS) conducted an investigation of abandonment and
neglect allegations against their mother, Macy.3 Although the record is unclear, it
appears that at some point the siblings were permanently placed there, and... More...
   $0 (06-23-2017 - TX)

United States of America v. Gregory Bahati, a/k/a “Pooh Bear,” a/k/a “Murk 2x” Federal Courthouse - Lincoln, Nebraska

Lincoln, NE - Crips Gang Member Sentenced to Eight Years for Racketeering Conspiracy in Nebraska

A violent member of the Omaha-area Crips Gang was sentenced to eight years in prison, and five years of supervised release, for participating in a racketeering conspiracy involving acts of violence including attempted murder and assaults and drug distribution.

Gregory Bahati, aka “Poo... More...
   $0 (06-23-2017 - NE)

David Richard Wilson v. The State of Texas Houston sicko who raped 23-month-old niece and 14-year-old girl and infected them with HIV sentenced to life in prison

When Jane1 was in middle school and appellant was 32, she began a sexual
relationship with him. Jane knew appellant as her little brother’s father, and he had
lived with her family on and off through the years. Jane had an on-going sexual
relationship with appellant, which continued even after he separated from her
mother. When Jane became pregnant, her grandmother suspected t... More...
   $0 (06-22-2017 - TX)

Nadia R. Williams v. The State of Texas First Court of Appeals - Texas Courts

Appellant pleaded guilty to the offense of assault of a public servant1, pursuant
to a plea bargain, and the trial court placed her on deferred-adjudication community
supervision for three years. After the State filed a motion to adjudicate appellant’s
guilt, appellant sent the trial court a letter in which she explained her difficult
childhood and her recent efforts to turn he... More...
   $0 (06-22-2017 - TX)

In the Matter of V. A. G., a Juvenile El Paso County Courthouse - El Paso, Texas

V.A.G., a juvenile, appeals from a judgment adjudicating her delinquent based on the jury’s determination that she committed the offense of assault on a public servant and committing her to the Texas Juvenile Justice Department (TJJD). See TEX.FAM.CODE ANN. § 54.03 (West 2014); TEX.PENAL CODE ANN. § 22.01(a), (b)(1) (West Supp. 2016). We affirm.
FACTUAL SUMMARY
On November 3, 2014, Appella... More...
   $0 (06-21-2017 - TX)

STATE OF KANSAS v. CHRISTOPHER KYLE MOSBY

Christopher Kyle Mosby was convicted after a jury trial of burglary of a dwelling and theft. On appeal, Mosby challenges his convictions on the basis that the State failed to provide adequate notice of the theft charge against him and that the district court provided two erroneous jury instructions. Mosby also argues the district court abused its discretion by denying his motion to sequester witne... More...   $0 (06-21-2017 - KS)

STATE OF KANSAS v. PIERRE P. RIOJAS

In 2015, Riojas filed a pro se motion to correct an illegal sentence arguing his pre1993 burglary adjudications should have been scored as nonperson felonies based on the holding in State v. Dickey, 50 Kan. App. 2d 468, 329 P.3d 1230 (2014) (Dickey I), aff'd 301 Kan. 1018, 350 P.3d 1054 (2015) (Dickey II). The court appointed counsel, and counsel filed a revised motion to correct an illegal senten... More...   $0 (06-21-2017 - KS)

DAVID TAYLOR WEBSTER v. STATE OF KANSAS

In late March 2009, Webster argued with his live-in girlfriend at their home. Their argument became heated. Webster struck the woman and strangled her to death. He then hid the body at another location. At the insistence of his girlfriend's adult daughter, Webster made a missing person's report with the local police the next day. The officer taking the report questioned that version of events beca... More...   $0 (06-21-2017 - KS)

STATE OF KANSAS v. SANTOS CARRERA-MORALES

On July 11, 2008, the Sedgwick County District Court sentenced Carrera-Morales to life in prison after he was convicted of two counts of first-degree murder. Accordingly, the District Court placed him into the custody of the KDOC. In early 2012, KDOC transferred Carrera-Morales from the Ellsworth Correctional Facility to the Ottawa County Jail. At the time, KDOC had an "Agreement for Offender Hous... More...   $0 (06-21-2017 - KS)

STATE OF KANSAS v. ARLANDA LEE MCDUFFIE

On April 30, 2014, a little after 6 p.m., McDuffie and his then-fiancé, Kaila Pollman, brought Pollman's 23-month-old son, E.J.A., to the local hospital in Garden City, Kansas. McDuffie, who had been watching E.J.A. all day while Pollman worked, explained to the doctors that E.J.A. had been suffering from seizures for well over an hour. In addition to the seizures, tests revealed that E.J.A. was s... More...   $0 (06-21-2017 - KS)

Vladek Filler v. Mary Kellett, et al. United States Court of Appeals for the First Circuit Boston, Massachusetts

This appeal arises out of the
state prosecution of Vladek Filler in 2009. He was initially
indicted on five counts of gross sexual assault and two counts of
assault of his then-wife Ligia Arguetta Filler. After two trials
-- and two appeals to the Maine Law Court -- he was convicted only
of one misdemeanor assault count, which he is still challenging.
In the wake of these e... More...
   $0 (06-21-2017 - ME)

Abigail Ross v. University of Tulsa United States Court of Appeals for the Tenth Circuit Denver, Colorado

The plaintiff (Ms. Abigail Ross) was allegedly raped by a fellow
student at the University of Tulsa (Mr. Patrick Swilling). The alleged rape
led Ms. Ross to sue the university for money damages under Title IX of the
Education Amendments Act of 1972. Under Title IX, universities that
receive federal financial assistance cannot discriminate on the basis of
gender. See 20 U.S.C. §... More...
   $0 (06-20-2017 - OK)

STATE OF MONTANA v. GARY LEE ENZLER

Enzler pled guilty to four counts of felony sexual assault of a minor in 2011. The
District Court conducted a colloquy during which Enzler clearly and affirmatively
answered questions about the facts of the case and stated he understood the consequences
of his plea. The District Court accepted Enzler’s guilty plea and ordered a pre-sentence
investigation. Dr. Bowman Smelko, ... More...
   $0 (06-20-2017 - MT)

The People of the State of Colorado v. Darren Roman Colorado Supreme Court

Darren Roman was charged with attempted first degree murder and first degree
assault, as the result of an incident in which the mother of his child suffered a knife
wound to her neck and substantial cuts to her hands. He was convicted of first degree
assault and sentenced to imprisonment for fifteen years.
¶4 The uncontested evidence at trial indicated that on June 7, 2009, th... More...
   $0 (06-20-2017 - WY)

Shaun Kenneth Hamilton v. The State of Wyoming Casper man accused of raping two girls

There are two victims in this case, JP and KB. Mr. Hamilton is KB’s stepfather, and lived with KB andher mother. KB testified that in 2015, when she was fourteen, Mr. Hamilton sexually assaulted her in her bedroom. The following day, KB went to school and told a friend about the incident, and the friend reported it to the school principal. The principal called the Wyoming Department of Family... More...   $0 (06-20-2017 - )

State of Vermont v. Dale Byam Vermont Supreme Court

The underlying facts of this case are not in dispute. Defendant was arraigned on
July 17, 2013, for aggravated domestic assault and cruelty to a child. The Superior Court, Orange
Unit, Criminal Division imposed conditions of pretrial release that included a twenty-four-hour
curfew with exceptions only for legal and medical appointments and for emergencies. The court
restrict... More...
   $0 (06-19-2017 - VT)

The State v. Demario Monte Thompson South Carolina COURT OF APPEALS

A Lancaster County grand jury indicted Thompson for first-degree burglary and attempted murder based on allegations he broke into Keasia Drafton's apartment and tried to kill her on July 2, 2014.1 Before trial, Thompson moved to suppress a trespass notice letter stating he was banned from the apartment complex where Drafton lived. Thompson argued (1) the letter was irrelevant, (2) the letter pres... More...   $0 (06-19-2017 - FL)

Carlis Lindsey, III vs State of Florida

Lindsey raises four issues in this direct appeal from his conviction and
sentence for first-degree murder, burglary of a dwelling, and grand theft auto. We
affirm in all respects and write only to address Lindsey’s argument that the trial court
abused its discretion by denying his pretrial motion to sever the burglary charge from
2

the murder and theft charges. Beca... More...
   $0 (06-19-2017 - FL)

Florzell Antonio Dewayne Faulk vs State of Florida

Appellant, who was convicted of burglary with a battery, raises a number of
issues on appeal. We find one to be dispositive: appellant alleges the trial court’s
failure to instruct the jury on his affirmative defense of consent to enter the
2

victim’s vehicle amounted to fundamental error. We agree with appellant and
reverse and remand for a new trial.
The prose... More...
   $0 (06-19-2017 - FL)

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