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Assault and Battery Law
 
UNITED STATES OF AMERICA v. IOURI MIKHEL and UNITED STATES OF AMERICA v. JURIJUS KADAMOVAS

Defendants are foreign nationals under the Hostage Taking Act: Mikhel is Russian, and Kadamovas is Lithuanian. Both lived in Los Angeles, California, during the events underlying this case. Defendants were assisted at various times by coconspirators Petro Krylov, Ainar Altmanis, Aleksejus Markovskis, and Natalya Solovyeva. Altmanis, Markovskis, and Solovyeva all pleaded guilty and
UNITED STA... More...
   $0 (05-13-2018 - CA)

UNITED STATES OF AMERICA v. JIMMY DAVID MALONE

Knoxville police pulled over Jimmy Malone for driving with unlit taillights. But his lights were the least of his worries. The handgun found under Malone’s seat prompted a federal grand jury indictment on felon-in-possession charges. See 18 U.S.C. § 922(g)(1). A witnessintimidation charge came later after Malone bade his sister lie to officers about who bought the gun. See id. § 1512(b)(1). ... More...   $0 (05-12-2018 - TN)

UNITED STATES OF AMERICA v. JAMES MONROE COX

In 2013 and 2015, while serving a state prison sentence in Virginia, Cox wrote and
mailed three graphic, disturbing letters. In the letters, Cox threatened to rape and kill
judges and prosecutors in the Southern District of Texas, a judge in the Western District
of Missouri, and judges in the Eastern District of Virginia. The government charged Cox
with three violations of 18... More...
   $0 (05-12-2018 - VA)

UNITED STATES OF AMERICA ‐v.‐ ELVIN HILL, A/K/A ELTON,  UNITED STATES COURT OF APPEALS  FOR THE SECOND CIRCUIT

Fredy Cuenca was a livery cab driver in New York City.  One afternoon, 
on June 29, 1997, he received a call from his dispatcher requesting a pickup in the 
Bushwick neighborhood of Brooklyn.  Two young men, Elvin Hill and Rhan 
Powell, entered Cuenca’s cab.  According to Powell, as they were reaching the 
destination, Cuenca quoted the fare price, $10, which was higher than Hill a... More...
   $0 (05-12-2018 - )

STATE OF KANSAS v. KELLY J. POLZIN

On July 13, 2015, the State charged Polzin with possession of methamphetamine, criminal use of explosives, possession of marijuana, and possession of drug paraphernalia. As per a plea agreement, Polzin pled guilty to possession of methamphetamine and possession of marijuana on November 4, 2016. The district court found the plea was freely, voluntarily, and intelligently made and found Polzin guilt... More...   $0 (05-12-2018 - KS)

STORMONT-VAIL HEALTHCARE, INC. and STORMONT-VAIL, INC., v. THE BOARD OF COUNTY COMMISSIONERS for JACKSON COUNTY, KANSAS v. COREY MELLENBRUCH

At about 2 a.m. on a Saturday morning in 2012, Jackson County Sheriff's Deputy Shawn Swisher saw a car run through a stop sign in the small town of Netawaka. Swisher turned on his flashing lights and stopped the car.

But after a short time—and before Swisher even got out of his patrol car—the other driver sped off. Swisher pursued—across a field, onto a county road, and across a highwa... More...
   $0 (05-12-2018 - KS)

STATE OF KANSAS v. CRAIG PITTMAN

This appeal reflects Defendant Craig Pittman's latest effort to challenge his convictions and sentences for aggravated kidnapping, aggravated criminal sodomy, and several other crimes—an ongoing endeavor that has regularly occupied him since a Johnson County District Court jury found him guilty 18 years ago. We find the district court incorrectly resentenced Pittman to 117 months in prison on the ... More...   $0 (05-12-2018 - KS)

STATE OF KANSAS v. TRAVIS GLENN CONDER

Travis Conder and Shanda Britton were married on July 18, 2015, in Wamego, Kansas. They celebrated with their friends and family at the reception until about midnight. Attendees drank alcohol socially at the reception, as did Conder, Shanda, Tyrel Britton (Conder's brother-in-law), and Rose Britton (Conder's mother-in-law).

The family headed back to the home of Shanda's parents, where ... More...
   $0 (05-12-2018 - KS)

STATE OF KANSAS v. LESLIE D. PRUITT

On the evening of March 6, 2015, David Simonton drove a semitrailer truck to a local Sam's Club to make a delivery. His cousin, Craig Wolfe, accompanied him on the delivery. Upon detaching the trailer, the two men planned "[t]o find a club [and] get some weed" that evening. Simonton drove the cab to a nearby Walmart and purchased a small quantity of marijuana from some individuals. Simonton then e... More...   $0 (05-12-2018 - KS)

Ridgeway Frank v. The State of Texas

Appellant Ridgeway Frank pled guilty without an agreed punishment recommendation to aggravated assault of a family member. The trial court made an affirmative finding on the use of a deadly weapon, a tire iron, and sentenced appellant to confinement for thirty-five years in the Institutional Division of the Texas Department of Criminal Justice.
In his sole issue on appeal, appellant claims h... More...
   $0 (05-12-2018 - TX)

Luke Gonzalez v. The State of Texas

Gonzalez was charged by indictment with burglary of a habitation with the intent to
commit aggravated assault, a first-degree felony. See id. § 30.02(a)(1) (West, Westlaw
through 2017 1st C.S.). At trial the State put on testimony from the homeowner Joanna
Villapando and the complainant of the aggravated assault, Rueben Granado.
Villapando testified that Gonzalez is her daug... More...
   $0 (05-11-2018 - TX)

William Walley v. The State of Texas

The State charged Appellant with two counts of aggravated sexual assault against K.C.1 The indictment alleged that Appellant intentionally and knowingly caused the penetration of (1) the sexual organ of K.C., a person who was then and there a disabled individual, by the defendant’s sexual organ, without the consent of K.C., and (2) the mouth of K.C., a person who was then and there a disabled indi... More...   $0 (05-11-2018 - TX)

Juan Perez Moreno v. The State of Texas Nacogdoches man charged in aggravated sexual assault of 7-year-old girl

Appellant was charged by indictment with four counts of aggravated sexual assault of a child and pleaded “not guilty.”1 The jury found Appellant “guilty” of all four counts alleged in the indictment. The jury assessed his punishment at seven years of imprisonment on count one, twelve years of imprisonment on count two, eight years of imprisonment on count three, and twenty years of imprisonment ... More...   $0 (05-11-2018 - TX)

Anthony Evien Williams v. The State of Texas

Anita Gonzalez testified that she was walking down the street when she felt a
sharp pain. Gonzalez realized that she was being hit with what she thought at the time
was a baseball bat. Gonzalez was struck in the back of the head, the arms, and the back.
Gonzales suffered a broken arm and a contusion on her back. Gonzalez testified that she
clearly saw Williams’s face during... More...
   $0 (05-11-2018 - TX)

The State of Texas v. Mary Lou Garcia TENTH COURT OF APPEALS

Here, Garcia was charged by information with assault bodily injury-family
violence for “intentionally, knowingly, or recklessly caus[ing] bodily injury to Roy
Mendez, a member of the defendant’s family or household, by scratching his face with
her hands.” See TEX. PENAL CODE ANN. § 22.01(a)(1) (West Supp. 2017). Thereafter, the
State provided “Notice of Enhancement for Class ... More...
   $0 (05-11-2018 - TX)

Daniel Davila Martinez v. The State of Texas Daniel Davila Martinez - Registered Sex Offender

In his first three issues, Martinez contends that the trial court abused its discretion
by admitting the testimony of former Child Protective Services investigator Valerie Perez,
Martinez v. State Page 2

Child Safe forensic interviewer Andrea Aguirre, and child-abuse pediatrician Jennifer
Clarke, M.D., as outcry witnesses. With regard to these witnesses, Martinez argues ... More...
   $0 (05-11-2018 - TX)

Hamed Mateen Samadi v. The State of Texas

On December 13, 2013, Samadi pleaded guilty to both of the charged offenses without an
agreement as to punishment. The trial court deferred an adjudication of guilt and placed Samadi
on community supervision for a period of five years on each offense. The State subsequently filed
a motion to adjudicate, followed by two amended motions to adjudicate, in each case alleging
Sama... More...
   $0 (05-10-2018 - TX)

Gerald Washington v. The State of Texas Fourth Court of Appeals San Antonio, Texas

Washington was indicted for continuous violence against the family. Before trial,
Washington signed a jury waiver. Although the form provided a space to be completed with
Washington’s plea, the space was not completed.
After the trial court called the case for trial, defense counsel requested an opportunity to
make a record in the trial judge’s absence. After the trial jud... More...
   $0 (05-10-2018 - TX)

Alejandro Joel Chapa v. The State of Texas

Chapa and his co-defendant, Emmanuel Galindo, were charged with multiple counts of
compelling prostitution, sexual assault, and official oppression after law enforcement authorities
investigated a scam Chapa and Galindo devised while they were employed as police officers. In
furtherance of the scam, Chapa and Galindo recruited women to pose as their girlfriends in a
nonexisten... More...
   $0 (05-10-2018 - TX)

Christopher James Fielder v. The State of Texas

A jury found Fielder guilty of one count of aggravated sexual assault, two
counts of assault of a family or household member by impeding breath or circulation,
and one count of assault of a family or household member with a previous
conviction. The trial court imposed separate sentences in open court and signed
separate judgments of conviction on each of these four counts on D... More...
   $0 (05-10-2018 - TX)

Tristan Lajuan Mosley v. State of Arkansas

On December 30, 2015, the State charged Mosley with second-degree battery of an
officer and resisting arrest. On February 5, 2016, Mosley filed a motion to transfer his case
to the Veterans Treatment Court. In the motion, he agreed to plead guilty to second
degree battery and resisting arrest and to be sentenced to a period of supervised probation.
On the same day he filed the t... More...
   $0 (05-10-2018 - AR)

JARMALL KELLEY V. STATE OF ARKANSAS

Appellant Jarmall Kelley appeals his conviction by a Jefferson County jury of
residential burglary, aggravated assault, theft by receiving, and interference with custody. On
appeal, Kelley argues that the circuit court erred in denying his motions for directed verdict
because the State failed to present sufficient evidence to support his conviction for
aggravated assault.
... More...
   $0 (05-10-2018 - AR)

State of Oklahoma v. Michael John Bever Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - The State of Oklahoma charged Michael John Bever with:


Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 07/22/2015
Party Name Disposition Information
BEVER, ROBERT DAVIS Disposed: CONVICTION, 09/07/2016. Guilty Plea
Count as Disposed: MURDER - FIRST DEGREE(HM11)
Violation of 21 O.S. 701.7
... More...
   $0 (05-10-2018 - OK)

Bruce K. Pond v. State of Indiana

The facts, as stated in Pond’s direct appeal, follow:
On July 22, 2011, Pond was drinking beer with his son Blake and a family friend on the back porch of his mother’s house in Ossian, Indiana. Pond became annoyed with a light shining from the pier of a neighboring pond. Matt Michuda (Michuda) along with his four year old son Jacob and two friends were fishing off the pier. Pond went insid... More...
   $0 (05-09-2018 - IN)

John Charles Prenderville v. State of Indiana COURT OF APPEALS OF INDIANA

On January 20, 2017, Prenderville and his ex-wife, Mary Pimental (Pimental),
were celebrating Prenderville’s birthday at a bar in Lake County, Indiana.
Prenderville became intoxicated and “obnoxious and began harassing
[Pimental] and belittling her” by “calling her stupid and a dumb bitch, and
using other profanities.” (Appellant’s App. Vol. II, p. 7). At around 2:30 a.m., <... More...
   $0 (05-09-2018 - IN)

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