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Automobile Accident Law
 
Carmen Zubillaga v. Allstate Indemnity Company

In this first party insurance bad faith action, the question is whether the
court properly granted summary judgment for the insurer, based on the “genuine dispute”
doctrine. (See Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th 713, 723 (Wilson).)
Plaintiff Carmen Zubillaga was injured in an automobile accident. The
other driver was at fault. Her insurer, defendant Allstate Indemn... More...
   $0 (06-20-2017 - CA)

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)

Jaime A. Scher v. John F. Burke

In Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, this court held that
private owners of certain coastal property who allowed the public to use the
property for recreational purposes over a period of years thereby impliedly
dedicated property rights to the public. In response to that decision, the
Legislature enacted Civil Code section 1009, which limits the circumstances in
wh... More...
   $0 (06-19-2017 - CA)

MICHAEL DUANE ZACK, III, vs. STATE OF FLORIDA MICHAEL DUANE ZACK, III, vs. JULIE L. JONES, etc.

On June 25, 1996, Michael Zack was indicted for the sexual assault,
robbery, and first-degree murder of Ravonne Smith. We described the facts of the
case on direct appeal as follows:
Although the murder of Smith took place on June 13, 1996, the chain of events which culminated in this murder began on June 4, 1996, when Edith Pope (Pope), a bartender in Tallahassee, lent her car t... More...
   $0 (06-18-2017 - FL)

THOMAS BEVEL vs. STATE OF FLORIDA THOMAS BEVEL vs. JULIE L. JONES, etc.

The facts of Bevel’s crimes were set forth in this Court’s opinion affirming
the convictions and sentences on direct appeal:
Thomas Bevel was charged with the February 2004 first-degree murders of Garrick Stringfield and his son Phillip Sims and attempted first-degree murder of Feletta Smith. The key events of February 28, 2004, which ended in two murders and one attempted murder, establ... More...
   $0 (06-18-2017 - FL)

State of Tennessee v. Brandon Frost

A Rutherford County Grand Jury returned a multi-count indictment charging the Appellant with two counts of especially aggravated kidnapping, one count of aggravated robbery, and one count of attempted aggravated robbery. The charges stemmed from the Appellant’s entering a car occupied by Dale and Janet Lature, holding Mr. and Mrs. Lature at knifepoint, and taking money from Mrs. Lature.
<... More...
   $0 (06-18-2017 - TN)

Eduardo Deltoro v. State of Indiana Indiana Court of Appeals

On the morning of August 12, 2015, Elizabeth Keenoy was taking her children
to school in Goshen. She turned onto Wilden Avenue and saw what appeared
to be an oncoming car that had lost control—swerving back and forth across all
lanes of traffic, including oncoming traffic. That car ended up crashing along
the bike path on the opposite side of the road from which it was travel... More...
   $0 (06-18-2017 - IN)

Ice Heard v. State of Indiana Indiana Court of Appeals

On July 8, 2013, twenty-two-year-old Harold Nichols was hanging out with
several friends in Munster. That afternoon, they walked from Munster to
Hammond and then headed back to Munster. As they were returning to
Munster, Nichols and his friends encountered a group of people that included
Heard’s younger brother, William, and his sixteen-year-old sister, as well as
other ... More...
   $0 (06-18-2017 - IN)

VICTOR RIVERA vs. STATE OF IOWA Rivera sentenced for November 2014 motorcycle accident

Victor Rivera, while driving under the influence of alcohol, caused a traffic
accident that killed a motorcyclist and seriously injured the motorcyclist’s
passenger. Rivera fled the scene in his vehicle and led officers on a short chase
before he was apprehended. Rivera pleaded guilty to unintentionally causing the
death of another by operating a motor vehicle while intoxicat... More...
   $0 (06-17-2017 - IA)

Snyder & Associates Aquisitions, LLC v. United States of America

In 2010, the Internal Revenue Service set a trap to catch
people filing for fraudulent tax refunds. The IRS enlisted the
assistance of plaintiffs’ tax preparation and refund-advance
businesses. It warned that refusal to cooperate would
interfere with a federal criminal investigation, it used millions
of plaintiffs’ dollars as bait, and it promised to reimburse
them for any ... More...
   $0 (06-16-2017 - )

STATE OF IOWA vs. MELVIN MARTIN JR COURT OF APPEALS OF IOWA

On August 10, 2015, the State charged Martin with third-offense domestic
abuse assault causing bodily injury. After waiving his right to a jury trial, Martin
entered a plea of guilty on March 28, 2016. However, Martin later withdrew his
guilty plea and agreed to a trial on the minutes of evidence as filed along with the
trial information. The district court discussed Martin’... More...
   $0 (06-16-2017 - IA)

STATE OF IOWA vs. RONALD DEAN SCHLICHTING COURT OF APPEALS OF IOWA

On June 3, 2015, Trooper Jared Rude was on duty when he stopped to
fill up his patrol car with gas at the Traer Short Stop in Traer, Iowa. As he walked
into the store to pay for the gas, the store clerk came out to inform Rude that an
intoxicated customer was leaving in a truck. The officer asked the clerk to
identify the suspect, and she pointed to a red Chevy Colorado truc... More...
   $0 (06-16-2017 - IA)

Charles Robert Gauger v. Margie Tidwell Gauger

Charles Robert Gauger appeals the entry of a post-answer default judgment
against him in his divorce case. The trial court entered a default judgment because
Gauger failed to appear at the final hearing. Gauger then retained counsel and filed
a motion for new trial in which he alleged that he had a meritorious defense, that a
new trial would not prejudice his ex-wife, and that he h... More...
   $0 (06-15-2017 - TX)

STATE OF IOWA vs. MITCHELL SCOTT GAHAGAN

On November 23, 2013, Davenport police responded to a 911 call made
by Gahagan’s girlfriend alleging a domestic disturbance at Gahagan’s residence.
Based on comments made by the girlfriend to the officers after they arrived on
the scene, the officers obtained a search warrant to search for drugs in
Gahagan’s home and vehicle. During the search, officers located two plastic More...
   $0 (06-15-2017 - IA)

STATE OF IOWA vs. MARCEL ROSE Iowa Court of Appeals

Marcel Rose and Amanda Guzzle resided together and were involved in a
romantic relationship. Rose and Guzzle knew a mutual acquaintance, Sarah
Medina. On July 6, 2015, Rose and Guzzle were alone at Medina’s residence in
the living room when they began to argue. The argument then turned physical,
and according to Guzzle’s testimony, she ended up on the couch with Rose on
... More...
   $0 (06-15-2017 - IA)

STATE OF IOWA vs. ZACHARY LEE CHURCH Man shot by C.F. officer gets jail time

During the early morning hours of December 25, 2013, a Cedar Falls
police officer was patrolling in his vehicle when he saw a car stopped in the
street. The car’s lights were on; the engine was running, and the officer noticed
one occupant inside.
After pulling up next to the car, the officer observed a male slumped
forward in the driver’s seat who did not react to the... More...
   $0 (06-15-2017 - IA)

STATE OF IOWA vs. JOHN DAVID GREEN 2 words lead to mistrial in case where remains of man's friend were found buried in basement

Mark Koster lived in a one-bedroom house in Sac City. In 2009, he seemingly disappeared from the area without notice. Police were alerted after mail began to accumulate in the mailbox at his house and he stopped paying his utility bills. Police found a handwritten note attached to the back door of Koster’s house. The note indicated he had gone to Florida for the winter and would return in the ... More...   $0 (06-14-2017 - IA)

AARON MICHAEL LEWIS V. STATE OF ARKANSAS

On September 25, 2014, Carl Carter reported that his wife, Beverly (“Carter”), a
real estate agent, was missing. He stated that Carter had planned to show a house in Scott,
but when she had not returned home by 9:00 that evening, he became worried and drove
to the Scott residence. There, he saw Carter’s vehicle in the driveway and discovered that
she had left her purse inside t... More...
   $0 (06-14-2017 - AR)

Sofiane Benaffane v. The State of Texas UPDATE: Suspects Arrested, Charged in Fatal Shooting at 9357 Richmond

Benaffane testified at trial. He contended that he shot Kelly in self-defense
and in defense of Morales. In February 2014, Benaffane met Morales, who was
working as a stripper. They started dating and shortly thereafter, Benaffane learned
that Morales had previously worked as a prostitute when he encountered her ex-pimp
while picking her up from work. The pimp blocked Benaf... More...
   $0 (06-13-2017 - TX)

DAVID LEE BAIRD v. STATE OF OKLAHOMA

In the early morning hours of September 12, 2013, the body of Claudine Marroquin was found in a shallow grave in the backyard of the home she shared with her husband, Appellant. The evidence showed Appellant murdered his wife approximately two weeks earlier after an argument on August 24, 2013.
¶3 On the night of August 24, 2013, Claudine spoke with her sister, Elizabeth Marroquin, on the tele... More...
   $0 (06-11-2017 - OK)

Jassmine D. Adams v. Toyota Motor Corporation

On June 10, 2006, Koua Fong Lee was driving his 1996 Toyota Camry on the
interstate. When Lee exited the interstate, the Camry failed to come to a stop and
rear-ended another car waiting at a stoplight, killing three of the other car’s five
passengers and injuring others, including those in Lee’s vehicle. Lee was convicted
of vehicular homicide, but his conviction was vacated after... More...
   $0 (06-10-2017 - MN)

STATE OF KANSAS v. STEVEN E. HORTON

On November 6, 2014, Officer Dominick Vortherms, a drug enforcement officer with the Emporia Police Department, submitted his signed affidavit to Lyon County District Judge Douglas P. Jones, in support of the issuance of a search warrant for 709 Sylvan St., Apartment 13, in Emporia. The affidavit stated:

"On 11-05-2014 I met with Scott Sumpter who wanted to cooperate with the police dep... More...
   $0 (06-09-2017 - KS)

STATE OF SOUTH DAKOTA v. JEREMY JACOB GOODSHOT Police: Machete suspect had gunshot wound

On the morning of August 13, 2015, Kenny Maldonado-Molina was
awakened by his dog barking outside, and he left his house with a handgun to
investigate. He observed a man, later identified as Goodshot, holding a machete
over his head. Because Goodshot walked towards Maldonado-Molina in a
threatening manner, Maldonado-Molina displayed the gun and warned Goodshot to
stay ba... More...
   $0 (06-09-2017 - SD)

Plaintiff Bernardino Santos-Rodríguez ("Santos") was injured in a boating accident when a
corroded rod end that was part of the boat's steering mechanism
failed. Santos and several relatives sued Defendant Seastar
Solutions ("Seastar"), the manufacturer of the boat's steering
mechanism, alleging a design defect and a failure to warn. Santos
app... More...
   $0 (06-08-2017 - PR)

Yulma Molina v. Hurricane Harbor, L.P.

Yulma “Janet” Molina appeals from a take nothing judgment in her lawsuit against Hurricane Harbor, L.P. for negligence. In two issues, Janet challenges the admission of certain evidence and the sufficiency of the evidence. We affirm.
BACKGROUND
Janet sued Hurricane Harbor for negligence arising out of injuries she sustained while on the “Mega Wedgie,” a water slide located at Hurricane Har... More...
   $0 (06-08-2017 - TX)

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