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Burden of Proof Law
 
State of Wisconsin v. Lamont Donnell Sholar

In late September 2011, Sholar and his life-long
friend, Shawnrell Simmons, were arrested after two victims, E.C.
and S.G., separately reported to police that they had been
victims of sex trafficking by Sholar (and that other girls had
been trafficked by Simmons) out of several motel rooms near the
Milwaukee airport, including the Econolodge on 13th Street. The
State... More...
   $0 (05-19-2018 - WI)

State of Minnesota vs. Scott Ross Hunn, Minnesota Supreme Court

On February 21, 2016, appellant Scott Ross Hunn was pulled over by a Mower
County sheriff’s deputy for rolling through a stop sign. Hunn told the deputy that he had
consumed one beer. The deputy observed that Hunn “spoke in a rapid fashion, struggled
to stay on topic in conversation, had dilated pupils and seemed very nervous.” These
observations led the deputy to suspect th... More...
   $0 (05-19-2018 - MN)

STATE OF IOWA vs. RYAN BARNHARDT Barnhardt Sentenced to 205 Years in Prison

Ryan Barnhardt appeals from the judgment and sentence entered following
his convictions on ten counts of sexual abuse, which the State brought against him
after five children alleged that Barnhardt had engaged in sex acts with them.
I. Expert Witness Testimony.
Barnhardt first contends the district court erred by allowing testimony from
the State’s expert witness tha... More...
   $0 (05-19-2018 - IA)

STATE OF IOWA vs. JOSEPH ANTHONY SPENCER COURT OF APPEALS OF IOWA

At approximately 11:50 p.m. on April 29, 2016, Des Moines Police Officers
Danner and Harden observed a white Buick drive past them with a non-functioning
rear left license plate lamp. The officers followed the vehicle. While the Buick was
stopped for a red light, the officers turned off their patrol vehicle’s lights to verify
the license plate light was not functioning. Afte... More...
   $0 (05-19-2018 - IA)

Tommy Dowdy and Sharon Morris-Dowdy v. Metropolitan Life Insurance Company Northern District of California Federal Courthouse - San Francisco

In 2014, Appellant Tommy Dowdy suffered a serious
injury to his left leg as the result of an automobile accident.
His leg was eventually amputated below the knee. Mr.
Dowdy and his wife, Sharon Morris-Dowdy, sought
accidental dismemberment benefits under an employee
welfare benefit plan governed by the Employee Retirement
Income Security Act of 1974 (“ERISA”). Appellee
... More...
   $0 (05-19-2018 - CA)

Michael Easley; Stephania Session v. City of Riverside; Sergio Diaz; Silvio Macias Central District of California Federal Courthouse - Riverside, California

On December 22, 2011, Michael Easley (“Easley”) was shot three times by Officer Silvio Macias (“Macias”) following a traffic stop. Based on his resulting injuries, which include permanent physical disability and paralysis, Easley filed this action alleging that Macias violated 42 U.S.C. § 1983 through the use of excessive force. The district court sua sponte ordered an evidentiary hearing regardin... More...   $0 (05-19-2018 - CA)

Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

ANTHONY DONTE RICHARDSON vs. STATE OF IOWA

Anthony Richardson appeals the denial of his application for postconviction
relief (PCR). In rejecting his claims of ineffective assistance of counsel, the district
court observed that Richardson received “a very beneficial plea” as a result of his
attorney’s negotiations with the prosecution. On appeal, Richardson insists his
attorney was ineffective in failing to secure Ric... More...
   $0 (05-18-2018 - IA)

STATE OF IOWA v.TIMOTHY ROGER SCHROEDER

At about 7:00 a.m. on January 9, 2015, Nicole Gray’s seventeen-year-old
neighbor entered Gray’s home to care for her pets while Gray and her children
were out of the country. The minor found Gray’s boyfriend, Dustin Wilder, lying
face down in a pool of blood in the kitchen and unresponsive.
Emergency response personnel were called and determined Wilder was
deceased. L... More...
   $0 (05-18-2018 - IA)

STATE OF IOWA vs. NORMAN WADSWORTH

Norman Wadsworth suffered from schizophrenia for decades and received
no treatment. He had a contentious relationship with the manager at his apartment
complex, Darlene Crook, who he believed was part of a government conspiracy to
kill him. Eventually, Wadsworth was evicted from his apartment. After being
homeless for several months, Wadsworth tried to take a bus to a motel.... More...
   $0 (05-18-2018 - IA)

RALPH A. KING V. STATE OF ARKANSAS Arkansas Supreme Court

Appellant was arrested and charged with one count of rape, a Class Y felony. At
trial, the victim, J.D., stated that she is eight years old and in the second grade. She testified
that appellant is her “Papaw.” She explained that on November 12, 2016, she spent the
night at the home of her uncle, Josh King, with his daughter, R.K.; his wife, Leslie Huff;


2
Leslie... More...
   $0 (05-18-2018 - AR)

STATE OF LOUISIANA VERSUS DEXTER ALLEN

On July 30, 2015, a Jefferson Parish Grand Jury indicted defendant, Dexter
Allen, on two counts of second degree murder (counts one and two), violations of
La. R.S. 14:30.1, and 21 counts of simple burglary (counts five through 23), in
violation of La. R.S. 14:62.1 Defendant pled not guilty at his arraignment on
September 11, 2015. On October 11, 2016, the matter proceeded to... More...
   $0 (05-18-2018 - )

STATE OF LOUISIANA VERSUS GERMAINE GUMMS Fifth Circuit Court of Appeal

On July 21, 2014, the Jefferson Parish District Attorney charged defendant,
Germaine Gumms, by two separate bills of information, with possession of
methamphetamine, a felony, in violation of La. R.S. 40:967(C), in district court
case number 14-3778, and possession of synthetic cannabinoid, a misdemeanor, in
violation of La. R.S. 40:966(C), in district court case number 14-3779... More...
   $0 (05-18-2018 - LA)

STATE OF LOUISIANA V. JOSEPH MORGAN Louisiana Circuit Courts of Appeal

On May 29, 2008, the Defendant1 was indicted with the second degree
murder of Gervais Nicholas.2 He pled not guilty at arraignment. After a four-day
trial, a twelve-person jury found the Defendant guilty as charged.3 The trial court
denied the Defendant‟s motion for new trial and granted an appeal. Subsequently,
the Defendant was sentenced to life in prison with the p... More...
   $0 (05-17-2018 - LA)

Leon Howell Couvillion v. The State of Texas Texas Court of Appeals, Ninth District

Deputy Magdalena Strong of the Montgomery County Sheriff’s Office
testified that in March 2016, she responded to a 9-1-1 call at the home of Couvillion
and C.G. According to Strong, C.G. called 9-1-1 and reported that Couvillion had
pushed C.G. on the chest, and Strong observed red marks on C.G.’s neck. Strong
testified that C.G. was highly upset and initially resisted giving ... More...
   $0 (05-17-2018 - TX)

Cameron William Barela v. The State of Texas

In October 2014, Barela, a licensed peace officer in the State of Texas, went
to Z Auto Place in Katy to purchase a car for $15,000. Jorge Ibarra was the sales
manager of Z Auto Place that worked with Barela. At the time Barela attempted to
buy the car, Ibarra understood that Barela worked for the City of Onalaska Police
Department as well as worked other part-time jobs, to whi... More...
   $0 (05-17-2018 - TX)

Robert Cor'Darius Taylor v. The State of Texas

The complainant is B.C.3 Taylor is B.C.’s paternal uncle.4 The charges of
aggravated sexual assault of a child arose out of two separate incidents which
occurred in the summer of 2007 at B.C.’s paternal grandmother’s home in
Montgomery County, Texas, when B.C. was approximately seven years old. B.C.
testified that these were not the only two incidents. B.C. could not recall whe... More...
   $0 (05-17-2018 - TX)

Rodney Sanchez Lopez v. The State of Texas Texas Eighth District Court of Appeals

Lopez was charged with possession with intent to deliver heroin (four grams or more, but
less than 200 grams).1 A jury found him guilty and Lopez was sentenced to fifteen years’
imprisonment. Lopez appeals his conviction based on the trial court’s denial of his (1) motion for
continuance of the trial, and (2) motion to suppress.
The Stop
On July 19, 2013, Trooper John Da... More...
   $0 (05-17-2018 - TX)

Roxanna April Reyes v. The State of Texas

When Appellant was placed on community supervision, she agreed to abide by the
standard conditions of community supervision. Some of those conditions included that
she commit no new offenses, avoid alcoholic beverages, timely notify her supervision
officer of any arrests or criminal charges, and more specifically, that she “be home each
night not later than 10:00 PM and remain... More...
   $0 (05-17-2018 - TX)

Charles E. Yeager v. Peter Holt

Defendants Peter Holt, Holt Law Firm, and Bethany Holt (collectively Holt,
except as noted) appeal from an order denying their special motion to strike (also known
as an anti-SLAPP--Strategic Lawsuit Against Public Participation--motion).1
Peter Holt
and his law firm briefly represented Charles E. and Victoria Yeager (collectively Yeager,
except as noted) and successfully sued... More...
   $0 (05-17-2018 - CA)

Kevin Antonio Rojas-Gallo v. The State of Texas

This case involves two indictments. One indictment alleged in part that “on or about” April
22, 2015, “in the County of Dallas, State of Texas” appellant “did unlawfully then and there, with
the intent to arouse and gratify the sexual desire of the defendant, expose the defendant’s genitals,
knowing that [A.A.], a child younger than 17 years and not the defendant’s spouse, was prese... More...
   $0 (05-16-2018 - TX)

Benjamin Poehlmann v. The State of Texas

On December 25, 2014, San Antonio police officers responded to a 9-1-1 call, reporting a
shooting in progress at a home where Poehlmann, his girlfriend Roxann Sanchez, and his sister
Christina lived. Poehlmann and Roxann lived in an addition to the house, which was located next
to the kitchen of the main house and could only be accessed from the kitchen. The addition was
comp... More...
   $0 (05-16-2018 - TX)

Matthew Gary Richardson v. United States of America Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Petitioner Matthew Richardson appeals the district
court’s denial of his 28 U.S.C. § 2255 motion to set aside his sentence, challenging his
>
No. 17-5517 Richardson v. United States Page 2
designation as an armed career criminal under 18 U.S.C. § 924(e), the Armed Career Criminal
Act (“ACCA”). We AFFIRM.
I. BACKGROUND
In 2012, after attempting to sell a sawed-off shotgu... More...
   $0 (05-16-2018 - TN)

Brian Thomas Spinks v. The State of Texas

Brazoria County Sheriff’s Department (“BCSD”) Deputy B. Harper, the
complainant, testified that while he was on patrol on April 9, 2016, he was
dispatched to investigate a “suspicious person” walking around a construction site
adjacent to the volunteer fire department and the surrounding neighborhood on
Demi-John Island in Brazoria County, Texas. When Harper arrived at the sce... More...
   $0 (05-15-2018 - TX)

Rhonda Williams v. Mosaic Fertilizer, LLC Middle District of Florida Federal Courthouse - Tampa, Florida

In this toxic tort suit, Rhonda Williams appeals the District Court’s grant of summary judgment against her and in favor of Mosaic Fertilizer, LLC (“Mosaic”).
* Honorable Ursula Ungaro, United States District Judge for the Southern District of Florida, sitting by designation.
Case: 17-10894 Date Filed: 05/14/2018 Page: 1 of 22
2
Ms. Williams alleged that toxic substances emitted fr... More...
   $0 (05-14-2018 - FL)

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