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United States of America v. Deborah Brabant-Scriner District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Deborah Brabant-Scribner incurred half a million dollars in tax liabilities,
waited until the IRS was on the brink of taking her home, and then offered to pay a
tiny fraction of her debt. She now argues that the district court1 could not approve the
seizure of her home until the IRS first responded to her offer. She is mistaken.
When this case began, Brabant-Scribner owed $577,940.... More...
   $0 (08-17-2018 - MN)

United States of America v. Michael John Walker District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This case returns to us after resentencing. In the previous appeal, we vacatedand remanded for reconsideration of whether Michael Walker, who was convicted ofbeing a felon in possession of a firearm, qualified as an armed career criminal. SeeUnited States v. Walker, 840 F.3d 477, 490–91 (8th Cir. 2016). On remand, thegovernment conceded that Walker is not an armed career criminal, but sought a 4-<... More...   $0 (08-17-2018 - MN)

GRANT FRITSCH, an individual v. SWIFT TRANSPORTATION COMPANY OF ARIZONA, LLC

Because the issues in this appeal arise from a defendant’s removal of a case filed in state court to federal court, we begin with the relevant background principles for such a removal. Under 28 U.S.C. § 1441(a), a defendant may remove certain actions filed in state court to a district court so long as a federal court has jurisdiction over the action, and certain procedural requirements are met. T... More...   $0 (08-17-2018 - CA)

UNITED STATES OF AMERICA v. DIMITRY FOMICHEV

Fomichev was born in Russia and came to the United States in 2003 on a student visa. He met Svetlana Pogosyan in 2006, and they married later that year. In 2007, Pogosyan applied for an alien relative visa for Fomichev, and he applied to adjust his immigration status. The United States Department of Homeland Security found the marriage bona fide, approved the visa, and granted Fomichev conditio... More...   $0 (08-17-2018 - CA)

UNITED STATES OF AMERICA v. KING MOUNTAIN TOBACCO COMPANY, INC.

In 2006 the late Delbert Wheeler, Sr., a lifelong-enrolled member of the Yakama Nation in Washington State, purchased “80 acres of trust property . . . from the Yakama Nation Land Enterprise, the agency of the Yakama Nation which is charged with overseeing the maintenance of real property held in trust by the United States for the benefit of the Yakama Nation and its members.” Wheeler then opened... More...   $0 (08-17-2018 - WA)

UNITED STATES OF AMERICA v. DOMINIQUE JOHNSON

During the late spring and summer of 2009, Dominique Johnson participated in five bank robberies in the Philadelphia area. In early May, Johnson committed the first robbery by himself, carrying a BB gun. In late May, he committed the second robbery, again carrying a BB gun, but this time assisted by two others: Gregory Lawrence and Jerry Taylor. In June, Johnson bought a .40 caliber Glock pistol. ... More...   $0 (08-17-2018 - PA)

Eric Koty v. DuPage County, Illinois Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Eric Koty, a deputy in the DuPage
County Sheriff’s Department, requested a different model of
squad car. Notes from Koty’s physician indicated Koty
should be given a squad car with more legroom, “like an
SUV,” to accommodate a hip condition. The Department denied
Koty’s requests. Koty then submitted EEOC complaints
alleging the Department had discriminated against him in vi... More...
   $0 (08-17-2018 - IL)

Eduardo De La Torre v. Cashcall, Inc.


Under California law, can a loan contract include an interest rate term so
high that it is “unreasonably and unexpectedly harsh,” “unduly oppressive,” or “so
one-sided as to shock the conscience”? (Sanchez v. Valencia Holding Co.,
LLC (2015) 61 Cal.4th 899, 910–911 (Sanchez).) What the Ninth Circuit asks us
to resolve in this case is a more specific version of that question: C... More...
   $0 (08-17-2018 - CA)

UNITED STATES OF AMERICA v. CHAKA FATTAH, SR., KAREN NICHOLAS, ROBERT BRAND, HERBERT VEDERMAN

During the 1980s and ’90s, Fattah served in both houses of the Pennsylvania General Assembly, first as a member of the House of Representatives and later as a Senator. In 1995, Fattah was elected to the United States House of Representatives for Pennsylvania’s Second Congressional District. In 2006, Fattah launched an unsuccessful run for Mayor of Philadelphia, setting in motion the events that wo... More...   $0 (08-16-2018 - PA)

UNITED STATES OF AMERICA –v.– MERLIN ALSTON

Alston worked as a New York City police officer from 2006 until his arrest in July 2   2015. A few years into his law enforcement career, however, he began serving as an 3   armed driver for his childhood friend, Gabriel Reyes, who sold marijuana, cocaine, and 4   MDMA. Alston knew that Reyes was dealing drugs, but he never reported Reyes to 5   authorities or encouraged Reyes to stop. To the cont... More...   $0 (08-16-2018 - NY)

UNITED STATES OF AMERICA -v.- RAYMOND BAKER

As relevant here, Baker was charged on November 5, 2015 in a single count superseding indictment with conspiring to distribute and possess with intent to distribute 100 grams or more of a mixture or substance containing heroin. The evidence presented at his trial established that between January and mid-June 2015, in Albany and Schenectady Counties, New York, Baker participated in this consp... More...   $0 (08-16-2018 - NY)

UNITED STATES v. VALENTÍN VALDÉS-AYALA

To understand how Valdés exploited the bankruptcy and child support administration systems, it will help to understand the ways in which these systems have been designed to work. We use the testimony the jury heard at trial to paint the backdrop against which Valdés operated his businesses. The jury trial included testimony from a varied cast of 34 witnesses culminating with Valdés, himself... More...   $0 (08-16-2018 - PR)

STATE OF CONNECTICUT v. ALRICK A. EVANS

The principal issue in this appeal is whether our decision in State v. Ray, 290 Conn. 602, 966 A.2d 148 (2009), which would require the defendant in the present case, Alrick A. Evans, to prove drug dependency as an affirmative defense to a charge under General Statutes (Rev. to 2011) § 21a-278 (b),1 remains good law in light of (1) the subsequent decision of the United States Supreme Court in All... More...   $0 (08-16-2018 - CT)

Andrew C. Cruse, Jr. a/k/a Andrew Clinton Cruse, Jr. a/k/a Andrew Clinton Cruse a/k/a Andrew C. Cruse a/k/a Andrew Cruse a/k/a Sparky a/k/a Clint v. State of Mississippi

On February 23, 2015, Tina Ivy was spotted naked running from a nearby wooded
area1 to a Lowe’s parking lot in Gulfport, Mississippi. Ivy was naked, her head was covered
in blood, and her arms were bound behind her back with duct tape and zip ties. Witnesses
at trial testified that Ivy stated that she had been held against her will in a tent and raped. Ivy
also stated that Cruse... More...
   $0 (08-16-2018 - MS)

STATE OF NEW JERSEY v. JOY J. JEFFERSON, a/k/a JOY J. JEFFESON

Defendant appeals from her convictions, after a jury trial, of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited... More...   $0 (08-16-2018 - NJ)

STATE OF NEW JERSEY v. SURAJ R. DESAI

The following facts are taken from the trial record. In the early morning hours of November 16, 2013, Woodbridge Police Department Officer Bryan Dorward observed a black BMW enter U.S. Route 1 at a high rate of speed and cross into the middle right lane without signaling. Officer Dorward stopped the vehicle, which was operated by defendant. When the officer asked defendant for identificat... More...   $0 (08-16-2018 - NJ)

JAMES AMELIO vs STATE OF FLORIDA

Florida Standard Jury Instruction (Criminal) 11.3, titled “Sexual Battery—Under Specified Circumstances,” enumerates five elements that the State must prove beyond a reasonable doubt. The standard instruction also lists additional definitions and points of law that are read to the jury “if applicable.” During trial, the Defendant’s counsel objected to the court giving one of the “if applicab... More...   $0 (08-16-2018 - FL)

Lukace Kendle vs. The State of Florida

Kendle was charged with shooting two men in the parking lot of Club Lexx a/k/a Club Ro-lexx, a strip club where Kendle was employed as a security guard on, or about, June 1, 2012. Kijuan Lamar Byrd died from his injuries. Michael Smathers survived, but is paralyzed from the waist down. At all relevant times, Kendle claimed that the shooting was justified under Florida’s Stand Your Ground L... More...   $0 (08-16-2018 - FL)

Jason Springer v. Cleveland Clinic; Employee Health Plan Total Care Northern District of Ohio Courthouse - Cleveland, Ohio Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Sometimes it’s easier to seek forgiveness than permission. Jason Springer hoped as much when he arranged air ambulance transportation for his son before his employee benefit plan could verify his membership and authorize the service. But the plan administrator denied Springer’s claim for coverage because he did not obtain the precertification required for nonemergency transportation. The district ... More...   $0 (08-16-2018 - OH)

Derek Waskul; Cory Schneider; Kevin Wiesner; Washtenaw Asociation for Community Advocacy v. Washtenaw Country Community Mental Health, et al. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

An association generally has standing if “at least one of [its] members would have standing to sue on his own.” United Food & Commercial Workers v. Brown, 517 U.S. 544, 554–55 (1996) (citing Warth v. Seldin, 422 U.S. 490, 511 (1975)). In this interlocutory appeal, the Washtenaw Association for Community Advocacy identifies at least one named member who appears to have suffered an initial deprivati... More...   $0 (08-16-2018 - MI)

Shameka Winslett v. 1811 27th Avenue, LLC

Shameka Winslett filed a complaint asserting various claims against her former
landlord Yugal Sagi and his LLC after he failed to make repairs to her apartment and filed
an unlawful detainer action against her. Sagi responded by filing an anti-SLAPP motion to
strike three of these claims, for retaliation and retaliatory eviction under Civil Code section
1942.5,1
former subdivis... More...
   $0 (08-15-2018 - )

State of Tennessee v. Dedrick Wiggins

This appeal arises from the shooting death of Larry Richards (“the victim”) on November 6, 2013, for which Defendant was subsequently indicted for first degree premeditated murder (Count 1), first degree felony murder (Count 2), and three counts of convicted felon in possession of a firearm (Counts 3-5). The case proceeded to trial in May 2016. Benjamin Piercetestified that, around 2:00 a.m. on ... More...   $0 (08-15-2018 - TN)

State of Tennessee v. Michael A. Flippen, Jr.

The Defendant shot and killed the victim, Ms. Princess Clark, andwas indicted for first degree premeditated murder, being a felon in possession of a firearm, possessing a weapon after being convicted of a domestic violence offense, and reckless endangerment. The Defendant entered a guilty plea to the lesser-included offense of second degree 08/09/2018 -2 murder. Pursuant to the plea agreement,... More...   $0 (08-15-2018 - TN)

State of Tennessee v. Geremy Paul Mathis

The Appellant’s indictment for initiating a process intended to result in the manufacture of methamphetamine occurred after motel employees discovered components of a “meth lab” in a motel room and notified the police. The police surveilled the motel room and saw the Appellant enter and leave the room. The police then stopped the Appellant’s vehicle for a traffic infraction and found a meth lab ... More...   $0 (08-15-2018 - TN)

State of Tennessee v. William Shannon Gresham

The victim, who will be identified by her initials K.B., was 11 years old at the time of trial. She testified that Defendant was her stepfather. She testified about an incident that happened when she was eight years old. She was visiting Defendant at the home of Defendant’s mother, whom she referred to as “Gamma Lissa.” K.B. testified that Defendant took video of her doing tumbling and gymnasti... More...   $0 (08-15-2018 - TN)

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