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Burden of Proof Law
 
Nathan Dygart vs State of Florida

In the fall of 2011, Nathan Dygart exchanged messages with someone he thought was a fourteen-year-old girl named Amber. The two discussed sports, television, and parents. They also discussed sex, Dygart becoming increasingly explicit. The discussions escalated, and Dygart eventually drove to Tallahassee’s Killearn subdivision, where he planned to have sex with fourteen-year-old “Amber.” When he a... More...   $0 (05-23-2018 - FL)

Rena C. v. Colonial School District Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case arises out of a dispute under the Individuals with Disabilities Education Act (“IDEA”). Under the IDEA, when parents and school districts dispute a child’s educational placement, a parent may file an administrative due process complaint that can lead to an administrative hearing. At least ten days before the dispute reaches a hearing, the school district can extend a settlement offer to ... More...   $0 (05-23-2018 - PA)

Professional Collection Consultants v. Robert M. Lujan

Professional Collection Consultants (PCC) filed this action to collect credit card
debt that Lujan incurred. The parties agree that if Delaware’s three-year statute of
limitations applies the action is time-barred, but that if California’s four-year statute
applies the case is timely filed. The trial court applied the Delaware statute, granting
summary judgment on statute of limita... More...
   $0 (05-23-2018 - CA)

Tyler Sherman vs State of Florida

This court previously affirmed Sherman’s convictions, Sherman v. State, 160 So. 3d 494 (Fla. 1st DCA 2015), but the supreme court quashed that decision and remanded for reconsideration in light of State v. Shelley, 176 So. 3d 914 (Fla. 2015). On remand, we again affirm. As in today’s decision in Dygart v. State, 1D13-4977 (Fla. 1st DCA May 18, 2018), and as required by our en banc decision in Lee ... More...   $0 (05-22-2018 - FL)

State of Tennessee v. Kenneth Michael McIntosh

On November 5, 2013, a Knox County grand jury issued a presentment charging the defendant with sixteen counts of aggravated child abuse (Counts 1-6, 11-20) and two counts of child abuse (Counts 30-31). The charges stemmed from a series of incidents in which the defendant subjected the victims to physical abuse, prolonged periods of confinement, and restraint with handcuffs. The presentment also c... More...   $0 (05-22-2018 - TN)

William Casey v. State of Tennessee

The 2011 convictions in this case stem from the conduct of the Petitioner against the victim in 1979 and 1980 while the then-juvenile victim was attending a school associated with the church where the Petitioner was the head priest. The evidence presented at trial established that the Petitioner engaged in sexual acts with the victim on three separate occasions when the victim was thirteen and fo... More...   $0 (05-22-2018 - TN)

Nasir Hakeem v. State of Tennessee

Following a bench trial, the Petitioner, a foreign national from Pakistan, was convicted of two counts of sexual battery, a Class E felony. State v. Nasir Hakeem, No. M2012-02150-CCA-R3-CD, 2013 WL 6706122, at *1 (Tenn. Crim. App. Dec. 18, 2013), perm. app. denied, (Tenn. May 14, 2014). On August 2, 2012, the trial court imposed concurrent, suspended sentences of eighteen months for each convict... More...   $0 (05-22-2018 - TN)

State of Tennessee v. Pamela Moses

On April 29, 2015, Defendant entered guilty pleas to theft of merchandise valued at less than $500, tampering with or fabricating evidence, forgery, perjury on an official document, stalking of a judge, and escape from misdemeanor incarceration. See State v. Pamela Moses, No. W2015-01240-CCA-R3-CD, 2016 WL 4706707, at *2 (Tenn. Crim. App. Sept. 6, 2016), perm. app. denied (Tenn. Jan. 23, 2017). ... More...   $0 (05-22-2018 - TN)

State of Tennessee v. Curtis Morris

On January 8, 2013, a Shelby County grand jury returned indictment No. 1300001, charging the defendant with first-degree murder during the perpetration of aggravated child abuse, first-degree murder during the perpetration of aggravated child neglect, aggravated child abuse of a child eight years of age or less, and aggravated child neglect of a child eight years of age or less. The victim in the... More...   $0 (05-22-2018 - TN)

State of Tennessee v. Ashley N. Menke Tennessee Court of Criminal Appeals

The Sumner County Grand Jury issued a nine-count indictment in Case No. 925CR-2015 charging Ashley N. Menke, the Defendant, with two counts of Class A misdemeanor theft of property (Counts 1 and 2), one count of Class E felony forgery of a check (Count 3), one count of Class C felony theft of property (Count 4), one count of Class E felony forgery of a document (Count 5), one count of Class E felo... More...   $0 (05-22-2018 - TN)

State of Tennessee v. Morgan Nyle Janyja CRIMINAL ATTEMPT TO COMMIT SEXUAL EXPLOITATION OF A MINOR

On July 17, 2014, the Defendant pleaded guilty to two counts of attempted aggravated sexual exploitation of a minor and one count of attempted sexual exploitation of a minor, and he received concurrent sentences of six years’ probation for each conviction. He was placed on sex offender probation and was required to register with the sex offender registry. His probation was revoked multiple times... More...   $0 (05-22-2018 - TN)

United States of America v. Alexander Ciccolo, a/k/a, "Ali Al Amriki" District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Massachusetts Man Pleads Guilty to Terrorism Charges

Alexander Ciccolo, aka, Ali Al Amriki, 25, of Adams, Massachusetts, pleaded guilty today in connection with a plot to engage in terrorist activity inspired by and in the name of the Islamic State of Iraq and al-Sham (ISIS or ISIL), a designated foreign terrorist organization. Ciccolo pleaded guilty to one count of attempti... More...
   $0 (05-22-2018 - MA)

Nathan Chaleunsak v. State of Tennessee

The Petitioner and a co-defendant forced their way in to the residence of the victim, Mr. Eric Torres, and robbed him at gunpoint. Mr. Torres later identified the Petitioner in a photographic lineup. After leaving Mr. Torres’ residence, the Petitioner and the co-defendant went next door to Amkha Vetvong’s residence. The Petitioner and
the co-defendant attempted to force open the front door, ... More...
   $0 (05-22-2018 - TN)

Frederick Wendell Thomas v. State of Tennessee

The Shelby County Grand Jury charged the petitioner with one count each of first degree premeditated murder and employing a firearm during the commission of a dangerous felony. Following a jury trial, the petitioner was convicted as charged of first degree murder. The trial court imposed a sentence of life imprisonment and dismissed the firearm charge. This court affirmed the conviction and sen... More...   $0 (05-22-2018 - TN)

Dustin Lucio v. State of Tennessee Dustin Matthew Lucio - Registered Sex Offender

Prior to Petitioner’s trial, the State filed a motion seeking to exclude medical records showing that the victim had been treated for substance abuse after the offense. At
the hearingon the State’s motion, the victim testified that she was raped by Petitioner on February 20, 2009. She testified that she developed a “drug problem” immediately after the incident. The victim acknowledged on c... More...
   $0 (05-22-2018 - TN)

William Boatwright v. State of Tennessee COURT OF CRIMINAL APPEALS OF TENNESSEE

This case arises from the Petitioner’s participation in a home invasion of an apartment in which numerous people were present. See State v. William Ray Boatwright, No. E2012-00688-CCA-R3-CD, 2013 WL 775787 (Tenn. Crim. App. Feb. 28, 2013), perm. app. denied (Tenn. June 12, 2013). After the trial, the trial court merged the aggravated assault convictions with the especially aggravated robbery co... More...   $0 (05-22-2018 - TN)

COMMONWEALTH vs. TYRIEK BROWN Massachusetts Supreme Judicial Court

The primary issue presented in this appeal is
whether the Commonwealth is required to prove a defendant knows
that a firearm in his or her possession is loaded in order to be
convicted of unlawful possession of a loaded firearm under G. L.

After police officers discovered a loaded firearm in the
rear console of a vehicle driven by the defendant, he was
charged ... More...
   $0 (05-22-2018 - MA)

COMMONWEALTH vs. JONATHAN PICKERING Massachusetts Supreme Judicial Court

While serving a probationary term in connection
with two convictions of open and gross lewdness, the defendant
endeavored to meet a person whom he believed was a thirteen year
old boy so that he could perform sexual acts on him. Following
a probation violation hearing, a judge in the Superior Court
concluded that the defendant had violated his probation by
committing... More...
   $0 (05-22-2018 - MA)

Center> John Doe v. Good Samaritan Hospital

Appellant alleges that he was sodomized by his roommate, K.W., while a patient
in the adolescent psychiatric unit of respondent Good Samaritan Hospital Southwest
(Hospital). He brought this action alleging that Hospital was negligent in placing K.W.
in a room together with appellant, and limiting its efforts to supervise these patients to
observation of each of them at 15-minute in... More...
   $0 (05-22-2018 - CA)

STATE OF OHIO - vs - JUSTIN HAWKINS

At approximately 3:00 a.m. on May 20, 2016, Patrolman Jeffery Heinz, a 14
year veteran police officer with the city of Washington Court House, was finishing up a traffic
stop on Draper Street when a black GMC SUV driven by appellant passed his patrol car.
Heinz's onboard license plate reader captured the license plate of the vehicle, and Heinz ran
the license plate number thro... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO - vs - WILLIAM TELL, III

Defendant-appellant, William Tell, III, appeals his conviction and sentence
for Rape, following a jury trial in the Portage County Court of Common Pleas. The
issues before this court are whether victim impact evidence is admissible in a trial for
Rape where the determinative issue is whether the sexual intercourse between the
defendant and the victim was consensual or coerced;... More...
   $0 (05-21-2018 - OH)

State of Ohio v. Tyrik M. McDonald-Glasco

By indictment filed October 13, 2016, plaintiff-appellee, State of Ohio, charged McDonald-Glasco with one count of murder in violation of R.C. 2903.02, an unspecified felony; one count of felony murder in violation of R.C. 2903.02, an unspecified felony; and one count of intimidation of a witness in a criminal case in violation of R.C. 2921.04, a third-degree felony. Both murder charges carried a... More...   $0 (05-21-2018 - OH)

State of Ohio v. Jonathan Wilburn

On August 13, 2013, a Franklin County Grand Jury indicted Wilburn on one count of rape, in violation of R.C. 2907.02, and three counts of gross sexual imposition, in violation of R.C. 2907.05. Wilburn initially entered a not guilty plea. An agreement was reached with the state to amend counts two and three to endangering children, in violation of R.C. 2919.22. The parties also agreed to jointly... More...   $0 (05-21-2018 - OH)

State of Ohio v. Anthony Smith COURT OF APPEALS OF OHIO

On April 13, 2016, appellant was indicted on one count each of aggravated burglary, rape, and kidnapping. On August 7, 2017, the case proceeded to a jury trial. As relevant to this appeal, the following evidence was presented.

On July 20, 1996, the victim, J.W., was alone at home with her two-year old daughter. J.W. and her daughter were sleeping in the same bed when J.W. was awoken b... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO v. CHARLES D. COLEMAN

In May of 2016, R.M. wanted to trade food stamps for heroin, so a female
acquaintance connected him to an individual who was willing to facilitate an exchange. Mr.
Coleman and two others (“Terrance” and “Anthony”) arrived at R.M.’s residence and forced him
go with them to a nearby Save-a-Lot store while they used his food stamp card. The men all
traveled to the store together... More...
   $0 (05-21-2018 - OH)

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