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Battery Law
 
Kevin D. Hamilton v. State of Indiana

On August 13, 2016, Hamilton and his friend, Devyn Yancey (“Yancey”), were
exchanging text messages regarding the fact that marijuana they had purchased
from Brian Quintana (“Quintana”) was ten grams short. Hamilton and Yancey
decided to rob Quintana the next day, during an arranged buy. Via text,

1 See Ind. Code § 35-42-1-1(1)... More...
   $0 (01-05-2018 - IN)

Monica Dycus v. State of Indiana COURT OF APPEALS OF INDIANA

On January 8, 2016, El-Hadj Barry (Barry) noticed his ex-girlfriend, Dycus,
following him when he was on his way to pick up a female friend from school.
Barry pulled over and told Dycus to stop tailing him. Dycus did not respond
and continued to follow Barry to the school. After picking up his friend, Barry
decided to drive around for a while in an attempt to lose Dycus. Ho... More...
   $0 (01-05-2018 - IN)

Jefferson Mitchell Dean v. State of Indiana Jefferson Mitchell Dean - Registered Violent or Sex Offender

In August 2015, eight-year-old A.C. told her babysitter that Dean, her
stepfather, had inappropriately touched her vaginal area. The babysitter told
A.C.’s father about the allegations, and he called the police. A.C.’s father also
took her to the hospital for an examination and to the CASIE Center in South
Bend for a forensic interview.
[5] Thereafter, on August 20, 2015... More...
   $0 (01-04-2018 - IN)

Robert Fitzsimmons v. State of Indiana COURT OF APPEALS OF INDIANA

In February 2016, Fitzsimmons and A.W. were in a romantic relationship and
living together in a house that they leased jointly in Mishawaka. For “a couple
of days” before February 25, 2016, tensions were high in the pair’s relationship
because A.W. refused to perform a certain sex act. Tr. Vol. II p. 4. On
February 25, 2016, with A.W.’s children upstairs and the pair’s roomm... More...
   $0 (01-04-2018 - IN)

Darryl Calvin v. State of Indiana Supreme Court of Indiana

Darryl Calvin broke into a Fort Wayne home and stole a PlayStation 4, a sixty-inch plasma television, and a pair of gym shoes. Thanks to a vigilant neighborhood watch, he was promptly caught and arrested. The State charged Calvin with Level 4 felony burglary and alleged that he was a habitual offender based on two prior convictions. Both of those convictions were Class 1 felony residential burgla... More...   $0 (01-04-2018 - IN)

COMMONWEALTH vs. ADERITO BARBOSA Massachusetts Supreme Judicial Court

The parties do not contest the judge's comprehensive findings of fact, which we summarize, supplemented where appropriate by the testimony from the motion hearing.1 See Commonwealth v. Jones-Pannell, 472 Mass. 429, 431 (2015). This case stems from an investigation into the crime of trafficking of persons for sexual servitude, G. L. c. 265, § 50 (human trafficking),2 which was prompted by an ill... More...   $0 (01-04-2018 - MA)

Milton Solis and Elizabeth Solis v. Foot Locker Retail, Inc., d/b/a Kids Foot Locker, Foot Locker Specialty, Inc., d/b/a Kids Foot Locker, Keith Hunt Ti Amo Ristorante Italiano 219 South Cheyenne

Tulsa, OK - Milton Solis and Elizabeth Solis sued Foot Locker Retail, Inc., d/b/a Kids Foot Locker, Foot Locker Specialty, Inc., d/b/a Kids Foot Locker, Keith Hunt on an assault and battery theory.

Date Code Description Count Party Amount
10-06-2015 TEXT

CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
1
10-06-2015 A&B

ASSAULT & BATTERY
... More...
   $0 (12-31-2017 - OK)

WILLIAM CASIANO vs. STATE OF FLORIDA

Appellant was charged with sexual battery with a deadly weapon or physical force. The maximum penalty for this crime was life in prison with a twenty-five-year minimum mandatory, with the latter being imposed if the defendant used a deadly weapon. §§ 794.011(3), 775.082(3)(a)3., 794.0115(2)(b), Fla. Stat. (2013). Appellant alleges that he was offered and rejected a favorable plea offer not knowi... More...   $0 (12-31-2017 - FL)

JUAN FRANCISCO PEREZ v. STATE OF FLORIDA

Juan F. Perez appeals his convictions for aggravated battery with a firearm and
aggravated assault with a firearm. We affirm without prejudice to Perez filing a timely,
facially sufficient motion for postconviction relief under Florida Rule of Criminal Procedure
3.850. ... More...
   $0 (12-31-2017 - FL)

LUIS CARDONA vs STATE OF FLORIDA

Appellant, Luis Cardona, challenges his conviction and sentence on one of five counts of sexual battery on a child less than 12 years old. Appellant contends that the trial court erred in denying his motion for judgment of acquittal on Count I because there was no evidence of a crime committed on the dates in question. Because the evidence was insufficient to establish that the incident that for... More...   $0 (12-31-2017 - FL)

TYRONE WILLIAMS vs. STATE OF FLORIDA

Petitioner, Tyrone Williams, was convicted of sexual battery by use of force
not likely to cause serious personal injury. Under Florida law, that crime is a
second-degree felony generally punishable by a term of imprisonment not
exceeding fifteen years. See §§ 794.011(5), 775.082(3)(c), Fla. Stat. (2009). But
because Williams had been designated as a “dangerous sexual felony... More...
   $0 (12-31-2017 - FL)

JOEL LEBRON vs. STATE OF FLORIDA

On Saturday, April 27, 2002, Ana Maria Angel and Nelson Portobanco, both
high school students, decided to go for a walk on the beach in Miami Beach after a
dinner date. After walking along the beach for a while, the couple decided to
return to their vehicle. By this time, Lebron and his four codefendants (Cesar

1. We have juri... More...
   $0 (12-31-2017 - FL)

STATE OF NEW MEXICO v. ALEJANDRO RAMIREZ New Mexico Supreme Court affirms convictions in murder case

Vialpando was shot nine times while sitting in a vehicle with his spouse and
3 three children and died from the injuries he sustained. The State charged Ramirez
4 with one count of first-degree murder, NMSA 1978, § 30-2-1(A)(1) (1994); one count
5 of conspiracy to commit first-degree murder, NMSA 1978, § 30-28-2 (1979), § 30-2
6 1(A)(1); one count of shooting at or from a motor ve... More...
   $0 (12-30-2017 - )

Commonwealth of Massachusetts v. Wesson Colas and Keith Williams Suffolk County Courthouse - Boston, Massachusetts

Boston, MA - Jury Convicts Two of Murder

The Commonwealth of Massachusetts charged Wesson Colas and Keith Williams first-degree murder, armed assault with intent to murder and assault and battery with a dangerous weapon for a non-fatal injury to a surviving victim and unlawful possession of a firearm in the 2014 shooting death of Dawnn Jaffiers, age 26. The shooting that resulted in Jaff... More...
   $0 (12-30-2017 - MA)

STATE OF KANSAS v. NATASHA D. PETERS

Natasha Peters appeals the district court's decision revoking her probation and ordering her to serve her underlying prison sentence. Peters contends the district court should've given her another chance at probation rather than send her to prison.

But Peters admitted to the district court that she committed nine new criminal offenses while on probation. These new offenses gave the dist... More...
   $0 (12-29-2017 - KS)

STATE OF KANSAS v. BRADLEY S. STANLEY

In the early hours of August 14, 2015, Womack was receiving treatment at the Ottawa County Health Center after being beaten by her boyfriend at the time, Stanley. When Deputy Aaron Zeigler arrived at the hospital, he was initially unable to recognize Womack due to the bruising and swelling of her face. In assessing Womack, Zeigler noted her nose was bleeding, her mouth had blood around it, and th... More...   $0 (12-29-2017 - KS)

JOSHUA ZURN v. STATE OF KANSAS,

Joshua Zurn appeals the district court's denial of his motion filed pursuant to K.S.A. 60-1507. Zurn alleged eight reasons that his attorney Charles Ball was ineffective: (1) Ball was unprepared for trial because he did not contact any of the witnesses prior to trial and did not request a preliminary hearing transcript; (2) Ball did not advise Zurn that he had a right to independent counsel or in... More...   $0 (12-29-2017 - KS)

Desmond Jerel Veal v. The State of Texas

Appellant was charged by indictment with the offense of unlawful possession of a firearm by a felon, a third degree felony. Appellant pleaded “not guilty,” and the case proceeded to trial. At the conclusion of the trial, the jury found Appellant guilty of unlawful possession of a firearm by a felon as charged in the indictment, and assessed Appellant’s punishment at eight years of imprisonment. ... More...   $0 (12-28-2017 - TX)

Pramod Flander v. The State of Texas Fifth Court of Appeals, Dallas, Texas

Appellant was originally charged by indictment with aggravated assault with a deadly
weapon against a member of his family in violation of TEX. PENAL CODE ANN. § 22.02.
Appellant entered a plea of nolo contendere, waived his right to a jury, and was tried before the
trial court. The trial court found the evidence “substantiated [appellant’s] guilt.” A finding of
guilt was defer... More...
   $0 (12-27-2017 - TX)

STATE OF LOUISIANA Vs. ELTON WILLIAMS State of Louisiana Court of Appeal, Fourth Circuit

David Mejia, Nelson Mejia, and the decedent1 were repairing an automobile
when Elton Williams approached asking for a cigarette. Mr. Williams then
allegedly brandished a gun and demanded their money. A struggle ensued, and the
decedent was shot and killed. David and Nelson detained Mr. Williams until
police arrived.
Mr. Williams was charged with two counts of armed robbe... More...
   $0 (12-26-2017 - LA)

STATE OF LOUISIANA V. EARL KEITH HARRIS Louisiana Fifth Circuit Court of Appeal

On December 4, 2015, the Jefferson Parish District Attorney filed a bill of
information charging Defendant with one count of aggravated second degree
battery, in violation of La. R.S. 14:34.7. Defendant pleaded not guilty at his
arraignment on December 7, 2015. Trial commenced on August 24, 2016, before a
six-person jury. However, the next day during trial, the trial court g... More...
   $0 (12-26-2017 - LA)

STATE OF LOUISIANA v. JEFFERY HAYDIN Louisiana Fifth Circuit Court of Appeal

On January 20, 2015, the Jefferson Parish District Attorney filed a bill of
information charging defendant with the second degree battery of Katie Haydin, in
violation of La. R.S. 14:34.1. Defendant pled not guilty at his arraignment on
January 21, 2015. The matter proceeded to trial before a six-person jury on
June 21, 2016. The following day, the jury returned a verdict of... More...
   $0 (12-26-2017 - LA)

William O. Jackson, Jr. v. State of Indiana Court of Appeals of Indiana

Beginning on the evening of December 26, 2016, and continuing into the early
morning hours of December 27, 2016, Jackson and his girlfriend of more than
six years, D.F., were embroiled in verbal arguments at their home. Jackson,
who was on pretrial, electronic, home detention for several pending felony
charges in another matter, had been drinking alcohol and using cocaine and ... More...
   $0 (12-24-2017 - IN)

Lamar Smith v. State of Indiana Court of Appeals of Indiana

On October 19, 2016, Indianapolis Metropolitan Police officers were
dispatched to a disturbance on North Tibbs. Upon arriving at the residence,
one officer knocked on the front door, while Sergeant David Kinsey
approached a partially opened window on the side of the house. Through the
window, Sergeant Kinsey observed a man, later identified as Smith, and two
women arguin... More...
   $0 (12-24-2017 - IN)

Eberaia Fields v. State of Indiana Court of Appeals of Indiana

The underlying facts in this case are undisputed. Officer Reichard pulled over
Fields in the early-morning hours of September 12, 2015, due to a broken
license-plate light. At the time of the stop, Officer Reichard was in full Warsaw
Police Department uniform, was driving a marked Warsaw Police Department
Court of Appeals of Indiana | Opinion 43A03-1704-CR-856 | December 22, ... More...
   $0 (12-24-2017 - )

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