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Avoidable Consequence Law
 
Estevan Rendon Lara v. The State of Texas

Ladonna Gist worked as the morning desk clerk and manager at a motel in Dallas.
Appellant lived in a room at that motel, was friendly to Gist, and sold drugs to her and others in
the motel. Motel personnel and those purchasing drugs from appellant know him as “Cesar.”

In the early hours of July 31, 2015, Brenda Leatherwood, a motel guest, woke up to a loud
“pounding no... More...
   $0 (07-23-2018 - TX)

Conservatorship of the Person of S.A., Public Guardian of the County of San Luis Obispo v. S.A., Objector and Appellant

S.A. appeals an order granting the petition of the
Public Guardian of the County of San Luis Obispo (Public
Guardian) for reappointment as the conservator of her person. A
jury found beyond a reasonable doubt that she continues to be
gravely disabled as a result of a mental disorder. (Welf. & Inst.
Code,1 § 5000 et seq.; Lanterman-Petris-Short Act (LPS Act).)
S.A. contends... More...
   $0 (07-23-2018 - CA)

Conservatorship of the Person of S.A., Public Guardian of the County of San Luis Obispo v. S.A., Objector and Appellant

S.A. appeals an order granting the petition of the
Public Guardian of the County of San Luis Obispo (Public
Guardian) for reappointment as the conservator of her person. A
jury found beyond a reasonable doubt that she continues to be
gravely disabled as a result of a mental disorder. (Welf. & Inst.
Code,1 § 5000 et seq.; Lanterman-Petris-Short Act (LPS Act).)
S.A. contends... More...
   $0 (07-23-2018 - CA)

STATE OF KANSAS v. FRANKLIN DONNIE STEVENS DOUGHERTY

Dougherty pled no contest to one count of possession with the intent to distribute methamphetamine and one count of criminal possession of a firearm by a convicted felon. As part of the plea agreement, the State dismissed a misdemeanor theft charge.

During the plea hearing, the district court explained the plea agreement to Dougherty. Dougherty confirmed that he read over the plea agree... More...
   $0 (07-22-2018 - KS)

STATE OF KANSAS v. SAMUEL LEE WOOD

Kevin Matthews was driving in Independence, at around 10 p.m. on December 18, 2014. As he crossed a bridge, Matthews noticed Wood's vehicle stopped on the side of the road. Matthews remarked that this was "a bad place to park" because it was right off the bridge with steep ditches and a narrow shoulder.

About 10 minutes later, when Matthews was traveling in the other direction, he saw W... More...
   $0 (07-22-2018 - KS)

Kathleen Willhide-Michiulis v. Mammoth Mountain Ski Area, LLC

Plaintiff Kathleen Willhide-Michiulis was involved in a tragic snowboarding
accident at Mammoth Mountain Ski Area. On her last run of the day, she collided with a
snowcat pulling a snow-grooming tiller and got caught in the tiller. The accident resulted
in the amputation of her left leg, several skull fractures and facial lacerations, among
other serious injuries. She and her husba... More...
   $0 (07-22-2018 - CA)

Thomas W. Sikes v. United States Department of the Navy Southern District of Georgia Federal Courthouse - Savannah, Georgia

We must decide whether the United States Department of the Navy improperly withheld documents related to the suicide of Admiral J.M. Boorda in response to a request made under the Freedom of Information Act.
I
In 1996, United States Navy Admiral J.M. Boorda, then Chief of Naval Operations, committed suicide in Washington, D.C. He left two suicide notes at his home: one addressed to his sai... More...
   $0 (07-21-2018 - GA)

Patrick Lafferty v. Wells fargo Bank, N.A.

This is the third appeal that comes to us in this case, which arises out of Patrick
and Mary Lafferty’s purchase of a defective motor home from Geweke Auto & RV
Group (Geweke) with an installment loan funded by Wells Fargo Bank, N.A (Wells
Fargo).
In Lafferty v. Wells Fargo Bank (2013) 213 Cal.App.4th 545 (Lafferty I), this
court affirmed in part and reversed in part the actio... More...
   $0 (07-21-2018 - CA)

STATE OF OHIO vs. ISRAEL D. LUGO

Israel Lugo appeals his being classified as a sexual predator under the version of
R.C. 2950.09 in effect at the time of the offense. He appeals no other aspect of his convictions
for rape and the unrelated vehicular manslaughter.
{¶2} According to the prosecutor, in 2004, the victim blacked out from her voluntary, but
excessive, consumption of alcohol or drugs. She awoke in ... More...
   $0 (07-20-2018 - OH)

State of Ohio v. Kiedrin Page

On October 14, 2015, appellant was indicted on multiple charges. Count 1,
which alleged possession of heroin, was based on the events of August 4, 2015, when
heroin was allegedly found when appellant was searched following his arrest on an
outstanding warrant issued relating to Count 2. Count 2, which alleged trafficking in
heroin, was based on allegations that on June 25, 2... More...
   $0 (07-20-2018 - OH)

WALTER REED vs. STATE OF IOWA and STATE OF IOWA DEPARTMENT OF TRANSPORTATION

A federal statute known as Title VI states, “No person in the United States
shall, on the ground of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.” See 42 U.S.C. § 2000d (2015). A
federal report cited the Department of Transpo... More...
   $0 (07-19-2018 - IA)

STATE OF OHIO - vs - GEORGE S. HUSTON

On October 4, 2016, two complaints were filed with the Clinton County Municipal Court charging Huston with burglary and attempted aggravated arson, both third degree felonies. As it relates to the complaint charging Huston with attempted aggravated arson, the complaint stated the following: Complainant being duly sworn states that George Sam Huston at 1079 SR 134 S Wilmington, Clinton County, ... More...   $0 (07-19-2018 - OH)

Bobby S. Dutta v. State Farm Mutual Automobile Insurance Company Northern District of California Federal Courthouse - San Francisco Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Bobby S. Dutta appeals the district court’s grant of summary judgment to State Farm Mutual Automobile Insurance Company (“State Farm”) on his claim that State Farm violated provisions of the Fair Credit Reporting Act of 1970 (“FCRA”). The relevant FCRA provisions require a prospective employer to provide a job applicant with a copy of his consumer credit report, notice of his FCRA rights, and an o... More...   $0 (07-19-2018 - CA)

Kathleen Willhite-Michiulis v. Mammoth Mountain Ski Area, LLC

Plaintiff Kathleen Willhide-Michiulis was involved in a tragic snowboarding
accident at Mammoth Mountain Ski Area. On her last run of the day, she collided with a
snowcat pulling a snow-grooming tiller and got caught in the tiller. The accident resulted
in the amputation of her left leg, several skull fractures and facial lacerations, among
other serious injuries. She and her husba... More...
   $0 (07-19-2018 - CA)

Keysha Keyyor Tugler v. The State of Texas Fifth Court of Appeals of Texas

At a convenience store at 1:20 a.m. on June 18, 2016, a night manager had just finished
with a transaction involving a female customer. A delivery driver was also present making a
delivery. At that moment, two individuals ran into the store brandishing guns. Both gunmen had
their faces covered, one with black-and-white fabric and the other with a mask. The assailants
took t... More...
   $0 (07-17-2018 - TX)

Larry Littlejohn v. Costco Wholesale Corporation

Plaintiff Larry Littlejohn appeals from a ruling sustaining a demurrer to his third
amended complaint (complaint) without leave to amend. Littlejohn sought to sue Costco
Wholesale Corporation and Costco Wholesale Membership, Inc. (Costco), the California
Board of Equalization (Board) and Abbott Laboratories, Inc. (Abbott) to recover amounts
he paid in sales tax reimbursement on pur... More...
   $0 (07-16-2018 - CA)

Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds, ex rel State of Iowa and Iowa Board of Medicine SUPREME COURT OF IOWA

In this appeal, we must decide if the constitutional right of women to choose to terminate a pregnancy is unreasonably restricted by a statute that prohibits the exercise of the right for a period of seventy-two hours after going to a doctor. In making this decision, we recognize the continuing debate in society over abortion and acknowledge the right of government to reasonably regulate the const... More...   $0 (07-15-2018 - IA)

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-14-2018 - TN)

State of Tennessee v. Johnny Lorenzo Wade

The victims, Johnny Shivers; his wife, Chermaine Owens Shivers; their then sixteen-year-old son, Jonathan Shivers; and Ms. Shivers’s twenty-one-year-old son, Markel Owens, lived on Walker Road in Jackson, Tennessee.2 Around 9:30 p.m. on January 15, 2014, their neighbor, Joseph Mosely, was returning home with his family from church when he “saw some guys” standing around a white car. As he was wa... More...   $0 (07-14-2018 - TN)

Larry Littlejohn v. Costco Wholesale Corporation Glass Office Floor Mats

Plaintiff Larry Littlejohn appeals from a ruling sustaining a demurrer to his third
amended complaint (complaint) without leave to amend. Littlejohn sought to sue Costco
Wholesale Corporation and Costco Wholesale Membership, Inc. (Costco), the California
Board of Equalization (Board) and Abbott Laboratories, Inc. (Abbott) to recover amounts
he paid in sales tax reimbursement on pur... More...
   $0 (07-14-2018 - CA)

STATE OF OHIO -vs- NORMAN L. PRYOR

On August 1, 2016 at approximately 5:30 a.m., nurse anesthetist student
B.A arrived at Aultman Hospital for her clinicals. As she walked toward the employee
entrance, she glanced over her shoulder and saw a man behind her wearing a dark
hoodie, a ski mask, and glasses. B.A screamed and began running toward the hospital,
but the man caught her, tackled her to the ground, and hel... More...
   $0 (07-13-2018 - OH)

Dennie Thurman Howell Jr v. The State of Texas

J.J. Rosabel, the complainant in this cause, was twelve years old at the time
of trial. Howell was J.J.’s neighbor and a friend of J.J.’s mother, T.H., who
occasionally cleaned Howell’s house. Howell had an open door policy, and J.J. and
T.H. came in and out of his home as they pleased. There were several occasions
where J.J. spent the night at Howell’s home at J.J.’s request. ... More...
   $0 (07-12-2018 - TX)

UNITED STATES OF AMERICA v. CARLOS AGUIAR, ALSO KNOWN AS LOS United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

In superseding indictments, Aguiar and five co-defendants were charged with RICO and armed bank robbery conspiracies, two armed bank robberies, three counts of unlawful possession of a firearm by a convicted felon, and two counts of possession or use of a fully automatic assault weapon in connection with a crime of violence in violation of 18 U.S.C. § 924(c)(1)(B)(ii). Earlier Aguiar had rejected... More...   $0 (07-10-2018 - DC)

Richard Paul Fisher v. State Personnel Board

While serving as an administrative law judge for the State Personnel Board (SPB),
Richard Paul Fisher joined the law firm of Simas & Associates as “of counsel.” Simas
& Associates specialized in representing clients facing administrative actions, including
those heard by the SPB. Indeed, the Simas law firm represented a CalTrans employee in
a high-profile case that was being heard ... More...
   $0 (07-10-2018 - CA)

State v. Michael Patino

A little after five o’clock in the evening on Sunday, October 4, 2009, a six-year-old boy
named Marco Nieves was pronounced dead at Hasbro Children’s Hospital. According to the
autopsy performed by then-Chief Medical Examiner of the State of Rhode Island, Thomas
Gilson, M.D., the cause of death was peritonitis, which is a medical term that describes
- 2 -
inflammation aro... More...
   $0 (07-09-2018 - RI)

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