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Burden of Proof Law
 
L.G. v. M.B.

Defendant M.B. appeals from the trial court’s denial of her
motion to dismiss under the “anti-SLAPP” statute (Code Civ.
Proc., § 425.16).1 Plaintiff and respondent L.G. is the former
nanny for M.B. and M.B.’s ex-husband, S.B.2 Respondent filed
this action against Appellant for defamation, invasion of privacy,
and intentional infliction of emotional distress based upon
state... More...
   $0 (07-17-2018 - CA)

Pervis Lee Andrews Jr. v. The State of Texas

Appellant was driving a car in the parking lot of the Lincoln Square
shopping center in Arlington, around 2:00 a.m. when several bars located in the
shopping center were closing. His wife was a passenger in his car. Dustin
McGee was driving a car in the opposite direction, and he turned in front of
appellant’s car so that his passenger, Terrance Jackson, was facing appellant’... More...
   $0 (07-16-2018 - TX)

Ex parte Jesse Andrew Lopez

After appellant’s arrest on March 4, 2017, a Fort Bend County Grand Jury
issued a true bill of indictment, accusing appellant of committing the felony offenses
of aggravated sexual assault1 and burglary of a habitation.2 The trial court set
appellant’s bond at $50,000.00. On June 20, 2017, appellant filed an application for
a writ of habeas corpus, asserting that his confinem... More...
   $0 (07-16-2018 - TX)

Brandon Deshawn Williams v. The State of Texas

Criswan Jones, the complainant, testified that on the night of August 20,
2015, he noticed two men at his apartment complex as he was leaving to pick up
his girlfriend from work. One of the men was “big,” and the other man was
smaller. As the complainant walked past them to get to his car, the “big one”
asked him for the address of the apartment complex. The men were still t... More...
   $0 (07-16-2018 - TX)

STATE OF KANSAS v. ALRENDA SEBASTIAN

On August 25, 2017, Sebastian pled no contest to making a false writing, a severity level 8 nonperson felony, pursuant to a plea agreement. Under the terms of the
2
plea agreement, the State agreed to join Sebastian's motion for a downward durational departure of 10 months' imprisonment based on Sebastian's acceptance of responsibility.

At sentencing on September 26, 2017, Seb... More...
   $0 (07-16-2018 - KS)

In the Matter of the Marriage of MARSHA WELLS and MIKE WELLS

Marsha and Mike had been married for over 40 years when Marsha filed for divorce. This appeal concerns the division of property between Marsha and Mike.

Before the marriage Mike worked for Panhandle Eastern and purchased an unknown amount of Panhandle Eastern stock. Mike stopped buying Panhandle Eastern stock shortly after marrying Marsha. The Panhandle Eastern stock is currently known ... More...
   $0 (07-16-2018 - KS)

In the Matter of the Care and Treatment of CHARLES D. KEARNEY

We will begin by summarizing Kearney's adult criminal history. In the summer of 2000, when Kearney was 18 years old, he attempted to make an illegal gun sale, but things did not go as planned. The purchaser tried to steal the gun from Kearney and a struggle ensued. During the struggle, the gun went off, killing the purchaser. Kearney pled guilty to involuntary manslaughter and unlawful possession ... More...   $0 (07-16-2018 - KS)

STATE OF KANSAS v. TRAVIS MONTEZ JOHNSON

On the evening of February 20, 2016, Jaron Sanders invited Dominique Shugart and her cousin, Shavontee Heally, over to his house. When the women arrived, approximately 12 other guests were already there, including Travis Johnson and Terrance Harvell. Sanders was flirtatious and friendly with Heally. Shugart invited another friend, Regina Stuart, to the party, and she arrived when she got off work.... More...   $0 (07-16-2018 - KS)

STATE OF KANSAS v. BRIAN ADAM NAMBO

On the night of August 10, 2016, INTRUST Bank Security Officer Daniel Baird was viewing a monitor displaying pictures from security cameras located at various bank branches. In doing so, Baird observed a white man in a white shirt and blue jeans knocking over trashcans near the bank located at Water Street and Douglas Avenue in Wichita. Baird then watched as the man jumped into a fountain on the b... More...   $0 (07-16-2018 - KS)

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)

Angela Johnson Musa v. Dr. Carrie Miles and Dr. Joseph Elia Multnomah County Courthouse - Portland, Oregon

This appeal involves a dispute over attorney fees in an action on an automobile insurance policy. Plaintiff sued defendant for personal injury protection (PIP) and uninsured motorist (UM) benefits under his automobile insurance policy with defendant after he was involved in a motor vehicle accident with an uninsured driver. The only issues remaining in the case after court-annexed arbitration and ... More...   $0 (07-16-2018 - OR)

Matthew J. Mason v. BCK Corporation Linn County Circuit Courthouse - Albany, Oregon

Plaintiff appeals from a limited judgment that, on a motion for summary judgment, dismissed his liquor liability claim against defendant BCK Corporation, the operator of Duffy’s Irish Pub. Plaintiff had alleged that defendant had overserved Mullenix while she was visibly intoxicated and that he was later injured while a passenger in a car that Mullenix drove. Defendant sought summary judgment, ass... More...   $0 (07-16-2018 - OR)

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)

STATE OF SOUTH DAKOTA v. GENE R. KALINE

In the early morning hours of September 22, 2016, a homeowner in Pennington County contacted the Rapid City Police Department and asked that officers remove her son and a woman named Kasey Sybert from her home. The homeowner asserted that there was an active warrant for Sybert’s arrest. The homeowner did not indicate how many people were in the home at the time, but responding officers understoo... More...   $0 (07-15-2018 - SD)

UNITED STATES OF AMERICA v. JOHN TIMOTHY CANNON, a/k/a Mr JT,

Cannon argues that the district court abused its discretion in denying his pretrial motion for a reliability hearing. Cannon’s opening brief merely incorporates by reference his district court pleadings, a tactic of which we have disapproved. See Fed. R. App. P. 28(a)(8)(A); Wahi v. Charleston Area Med. Ctr., Inc., 562 F.3d 599, 607 (4th Cir. 2009); McCarver v. Lee, 221 F.3d 583, 588 n.1 (4t... More...   $0 (07-15-2018 - Nc)

UNITED STATES OF AMERICA v. DAYVON BRYAN RILEY

In 2013, Riley pleaded guilty to aggravated identity theft, among other charges,
and was sentenced to 156 months’ imprisonment. On direct appeal, we affirmed the
validity of Riley’s guilty plea and dismissed his sentencing claims based on the appeal
waiver contained in his written plea agreement. United States v. Riley, 581 F. App’x 206
(4th Cir. 2014). In his pro se § 2255 ... More...
   $0 (07-15-2018 - NC)

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)

UNITED STATES OF AMERICA - v - EDWIN HERNANDEZ, AKA Scooby, AKA Masacre

The present prosecution arises out of shootings on October 23, 2011, in 3 Central Islip, New York, in which Robert Faber and Curtis Williams were injured. 4 The operative indictment charged Hernandez in six counts, three with respect to each 5 victim. Counts Four and Five alleged that Hernandez, for the purpose of gaining 6 entrance to, and maintaining or increasing his position in, MS-13, atte... More...   $0 (07-15-2018 - NY)

UNITED STATES OF AMERICA v. JOSE JIMENEZ

On June 3, 2015, Jose Jimenez was arrested in unlawful possession of a 2 bullet retrieved from his person following an attempted undercover firearms 3 purchase. Jimenez had agreed to drive Oscar Sanchez to the parking lot of a fast 4 food restaurant in the Bronx on June 3, 2015 in exchange for $40. Sanchez had 5 arranged to sell 20 handguns to a person who was, in fact, an undercover 6 detect... More...   $0 (07-15-2018 - )

BURGESS MASSEY v. UNITED STATES OF AMERICA

After the Supreme Court denied his petition for a writ  of certiorari, Massey v. United States, 549 U.S. 1136 (2007),  Massey filed his first motion for relief pursuant to 28 U.S.C.  § 2255, Massey v. United States, 08‐924, 2009 WL 1285991  (S.D.N.Y.  Apr.  23,  2009).  The  District  Court  denied  his  motion  and  did  not  issue  a  certificate  of  appealability,  finding that his three... More...   $0 (07-15-2018 - )

UNITED STATES OF AMERICA -v-ALVAUN THOMPSON, AKA LP, AKA Legit Pimp, AKA AT

Because Thompson appeals from a judgment of conviction entered after a jury  trial, we “draw the facts from the evidence presented at trial, viewed in the light most  favorable to the government.” United States v. Allen, 864 F.3d 63, 69 n.8 (2d Cir. 2017)  (internal quotation marks omitted).  Thompson began his relationship with the two minor female victims of concern  here—identified as M1 and M2... More...   $0 (07-15-2018 - )

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

Jerry Lynn Lofton a/k/a Gerry Lynn Lofton a/k/a Gerry Lofton a/k/a Jerry Loftin a/k/a Jerry Lofton v. State of Mississippi

Edroy James Ballard Jr. was shot and killed on June 3, 2014, in Horn Lake, Mississippi. A DeSoto County grand jury charged Lofton with Ballard’s murder. Lofton was deemed indigent, and Adam Emerson was appointed to represent him. Several months later, Emerson filed a motion to reconsider Lofton’s indigent status. Emerson informed the trial court that Lofton had refused to meet with him and wi... More...   $0 (07-15-2018 - FL)

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