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Battery Law
 
UNITED STATES OF AMERICA v. KENDALL ROSE, IKE WEEMS, a/k/a True, ANTHONY SABETTA, ALBERTO RODRÍGUEZ

We begin with an overview of this case's factual and procedural background, which also gives us the opportunity to review the law that is in play here. A. The facts relevant to this appeal are straightforward and uncontested. All of the Defendants were convicted of violating 18 U.S.C. § 922(g), which forbids from possessing firearms individuals who have been convicted of crimes that are ... More...   $0 (07-21-2018 - RI)

UNITED STATES OF AMERICA v. DAVID A. FRATES

Appellant David Frates pleaded guilty to one count of federal armed bank robbery, in violation of 18 U.S.C. § 2113(a) & (d). At his sentencing hearing, the district court applied the United States Sentencing Guidelines' career offender enhancement, increasing Frates's guideline sentencing range to 188-235 months' imprisonment. The court varied downward and sentenced Frates to 132 months' ... More...   $0 (07-21-2018 - MA)

JOHN R. JACKSON v. STATE OF TENNESSEE

A Montgomery County jury convicted the Petitioner of two counts of facilitation of aggravated robbery, one count of aggravated burglary, one count of facilitation of theft
07/20/2018
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of property over $500, and one count of aggravated sexual battery. On direct appeal, this court summarized the evidence presented at the Petitioner’s August 2012 trial as follows: [K.M.]1 testified t... More...
   $0 (07-20-2018 - TN)

COMMONWEALTH vs. CARLOS SILVA

We recite the material facts in the light
most favorable to the Commonwealth. The defendant was charged,
inter alia, with multiple counts of indecent assault and battery
on a child under the age of fourteen, in violation of G. L.
c. 265, § 13B, as to four separate alleged victims; the
defendant was also charged with one count of rape of one of the
victims. As discu... More...
   $0 (07-20-2018 - MA)

State of Ohio v. Thomas A. Cousino

On March 6, 2017, 47-year-old Thomas Cousino was indicted on three
counts of rape, violations of R.C. 2907.02(A)(1)(a); one count of sexual battery, a
violation of R.C. 2907.03(A)(5); and one count of gross sexual imposition, a violation of
R.C. 2907.05(A)(1). These charges arose from Cousino’s sexual abuse of 17-year-old
foreign exchange student, Y.D., whom he and his wife ho... More...
   $0 (07-20-2018 - OH)

STATE OF OHIO v. ROY R. YOUNG, JR.

The facts and initial procedural history of this case were set out in Mr. Young’s
direct appeal. See State v. Young, 9th Dist. Lorain No. 15CA010803, 2017-Ohio-1400. Based
on evidence that Mr. Young had been sexually abusing his then 15-year old stepdaughter since
she was five years old, the grand jury indicted him on three counts of rape, three counts of sexual
battery, and ... More...
   $0 (07-18-2018 - OH)

Robert Ryan Fleming v. State of Indiana

On February 8, 2017, Fleming was being booked into the Cass County Jail3 and
was asked to provide a medical history. His responses to certain questions
caused Shift Supervisor Steve Taylor (“Officer Taylor”) to treat Fleming as a

1 Ind. Code § 35-42-2-1(c)(1); (g)(5)(A). 2 I.C. § 35-50-2-8. 3 The record does not reveal the reason for... More...
   $0 (07-18-2018 - IN)

Jarvice Sears v. State of Indiana

There are two upstairs apartments above the 711 Tavern on 711 West Virginia
Street in Evansville, Apartments A and B, which are accessed by a common
hallway. In October of 2015, Jeremy Herbert lived in Apartment A, and Logan
Orth used the apartment to deal marijuana. On October 25, 2015, Diego
Thomas and Marquell Jackson decided to rob Orth because Thomas knew that
Orth ... More...
   $0 (07-18-2018 - IN)

Joshua Travis Hall v. State of Indiana

In 2016, Hall and his girlfriend, Rustim Rehmel, resided together. On August
15, Hall and Rehmel were involved in a physical altercation outside of a bar.1
During the fight, Hall punched and kicked Rehmel in her head and face. A
bystander called 9-1-1, and Farmersburg Town Marshall George McAdams
responded. Marshall McAdams interviewed Rehmel, who informed him that
Hal... More...
   $0 (07-18-2018 - IN)

Joshua D. Preston v. State of Indiana Indiana Court of Appeals

The facts supporting Preston’s convictions as set forth by this court on his direct
appeal are as follows:
In early August 2010, Preston was babysitting N.B., the eightmonth-old child of his girlfriend, Michelle Bowling (“Bowling”). Preston told Bowling that N.B. had fallen off his lap and hit her head on a television stand. Bowling observed a rug burn on N.B.’s head and some bruising a... More...
   $0 (07-18-2018 - IN)

State of Oklahoma v. Nealon Eugene Simmons MoreLaw Suites Legal Suites and Virtual Offices In Downtown Tulsa 406 South Boulder and 624 South Denver 918-582-3993 or Info@morelaw.com

Tulsa, OK - State of Oklahoma charged Nealon Eugene Simmons with:

Count # 1. Count as Filed: ABDOM, DOMESTIC ASSAULT & BATTERY BY STRANGULATION, in violation of 21 O.S. 644 J
Date of Offense: 01/16/2016
Party Name Disposition Information
SIMMONS, NEALON EUGENE Disposed: DISMISSED, 04/19/2016. Dismissed- Request of the State
Count as Disposed: DOMESTIC ASSAULT & BATTER... More...
   $0 (07-18-2018 - )

Alex P. Bice v. State of Indiana Indiana Court of Appeals

After cashing two forged checks made payable to himself totaling $1,850, Bice
was charged on April 25, 2011, with two counts of forgery and two counts of
receiving stolen property. He pleaded guilty to a single count of forgery and, by
agreement, was ordered to serve a six-year sentence with four years suspended
to probation. Bice was ordered as a condition of probation to at... More...
   $0 (07-17-2018 - IN)

Randall Eye vs. State of Missouri

On November 28, 2012, narcotics officers investigating allegations of a meth production
site arrived at Movant’s residence. The officers observed a fire pit outside the residence with
two men, including John Greer (“Greer”), and a woman standing near the fire pit. Movant was
inside the residence and consented to a search when asked by the narcotics officers. During their
sea... More...
   $0 (07-17-2018 - MO)

Scott Robinett v. City of Indianapolis, et al. Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Scott Robinett and the City of Indianapolis were codefendants in a civil-rights action. Robinett, a police officer, was accused of failing to intervene in an escalating domestic dispute between two fellow police officers. The dispute ended violently in a tragic murder-suicide, and the murder victim’s estate asserted claims against Robinett and the City under 42 U.S.C. § 1983 and Indiana law. They ... More...   $0 (07-17-2018 - IN)

Theresa Mason-Funk v. City of Neenah, et al. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Brian Flatoff’s decision to take individuals hostage at a
motorcycle shop in Neenah, Wisconsin,
had tragic consequences for Michael Funk. After managing
to escape from Flatoff, Funk was shot and killed in the alleyway
behind the shop by two officers of the Neenah Police
2 No. 17‐3380
Department (NPD), Craig Hoffer and Robert Ross. Unfortunately,
they mistakenly b... More...
   $0 (07-17-2018 - WI)

STATE OF KANSAS v. NICHOLAS WAYNE FAGLIE

On January 25, 2016, Kristopher Schultz was at Charlie's Place, a bar in Emporia, Kansas. Schultz' friend, Christopher Walburn, was drinking with him in the bar. Faglie also went to Charlie's Place that night with his friend, Dustin Dingman. During the evening, the four men—Schultz, Walburn, Faglie, and Dingman—were drinking shots and other alcoholic beverages at the bar. The bartender noticed som... More...   $0 (07-16-2018 - KS)

STATE OF KANSAS v. KEITH A. GLOVER Aggravated indecent liberties with a child

E.G.W., the victim, was 14 years old when she met 20-year-old Glover through a mutual friend. The two spoke frequently through Facebook. In at least one of those conversations, E.G.W. and Glover talked about sex. Sometime between May and June 2015, Glover and E.G.W. agreed to meet a couple blocks from Glover's home. That same day, E.G.W. and Glover went inside Glover's home and engaged in sexual i... More...   $0 (07-16-2018 - KS)

STATE OF KANSAS v. ALTON SILVERSON

Silverson was charged with several crimes resulting from an incident that occurred at the Kunkle residence, where Rita and David lived with their adult daughter, Ruth. The events were recounted by the Kunkle family at trial.

As Rita and Ruth were returning home from the grocery store on the evening of December 2, 2015, they saw a car pull into a driveway across the street. Rita went in... More...
   $0 (07-16-2018 - KS)

MICHAEL ROBBINS vs STATE OF FLORIDA

The state charged the defendant with aggravated battery with a firearm. The evidence showed that the defendant was involved in an argument with a man who was hanging out with a small group of people outside of a business. The defendant eventually got a gun from his nearby truck, fired two shots towards the group, and drove off. One of the shots struck a woman in the group.

Defendant ... More...
   $0 (07-14-2018 - FL)

DANIEL DUANE SLAUGHTER vs STATE OF FLORIDA

Daniel Duane Slaughter appeals his convictions and sentences for three charges involving the lewd or lascivious molestation of a child under the age of twelve. Appellant raises two points on appeal. First, Appellant argues that the trial court abused its discretion in overruling defense counsel’s objection to the prosecutor’s alleged misstatement of the law during closing argument. Second, Appe... More...   $0 (07-14-2018 - FL)

Milton Jackson vs. The State of Florida

On August 19, 2015, the victim was walking with a friend to a neighbor’s
house around the corner when Jackson pulled up in his car and called the victim
over to talk with him. Jackson and the victim had previously been in an on-again,
off-again relationship. The victim told Jackson that she would talk with him when
she returned from the neighbor’s house. When the victim retu... More...
   $0 (07-14-2018 - FL)

Carl Lewis Burns vs State of Florida

Appellant admitted in his recorded pre-trial confession, and at trial, that he was aware that the victim had been sexually abused previously by two separate men including her biological father, giving rise to legal proceedings culminating in her adoption into Appellant’s family. The victim testified that after Appellant and his wife adopted her, Appellant raped her two or three times a week for ov... More...   $0 (07-14-2018 - FL)

DIEGO TAMBRIZ-RAMIREZ vs. STATE OF FLORIDA

The facts of the case as set forth in the Fourth District’s opinion below are as
follows:
[In 2010, a]rmed with a knife and using a shirt as a mask, appellant broke into the victim’s home at night and attempted to sexually batter her. The victim testified that during the attack, appellant put the knife to her face and neck. The victim fought off the attacker and, after pulling off the... More...
   $0 (07-14-2018 - FL)

State of Tennessee v. Jamarcus Jackson

The Defendant’s convictions relate to events that occurred at The Battery, a Johnson City nightclub, in the early morning hours of March 23, 2014. The second degree murder conviction relates to the shooting death of Deshaun Greer.1 The assault conviction relates to Zachary Breedlove, and the reckless endangerment conviction relates to Jonathan McInturff.
At the trial, Amanda Chappell, test... More...
   $0 (07-14-2018 - TN)

COMMONWEALTH vs. JOHN FREDETTE

In 2014, a Superior Court jury convicted the defendant, John Fredette, of murder in the first degree on a theory of felony-murder, with aggravated kidnapping as the 2 predicate felony.1 The jury based their finding of aggravated kidnapping on the third paragraph of the current version of the kidnapping statute, which punishes a kidnapping committed "while armed with a dangerous weapon... More...   $0 (07-14-2018 - MA)

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