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Burglary Law
 
STATE OF OHIO vs. DOUGLAS C. SHINE, JR.

Appellant Douglas C. Shine, Jr. (“appellant”) appeals from his convictions for
multiple counts of aggravated murder, murder, felonious assault, and other offenses in
connection with four shootings. Appellant assigns 21 errors for our review.1 Having reviewed
the record and pertinent law, we affirm the decision of the trial court. The apposite facts follow.
{¶2} Following a s... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO vs. KAREEM WALTON

The instant matter arose from a July 9, 2016 incident during which appellant crashed
his vehicle into a tree in the Glenville neighborhood on Cleveland’s east side. Five victims
were injured during the crash, and three of the five victims died from the injuries they sustained.
{¶3} On July 26, 2016, in Cuyahoga C.P. No. CR-16-607989-A, appellant was indicted
with three count... More...
   $0 (05-21-2018 - OH)

United States of America v. Cary Brandon Smith Middle District of Georgia Federal Courthouse - Albany, Georgia

Albany, GA - Cairo Convicted Felon Cary Brandon Smith Sentenced For Narcotics And Gun Charges Under Project Safe Neighborhoods

Senior United States District Court Judge W. Louis Sands sitting in Albany, Georgia, sentenced Cary Brandon Smith, age 33, of Cairo, GA, to 360 months imprisonment as the result of his plea of guilty earlier this year to 31 of 32 counts in an indictment charging ... More...
   $0 (05-21-2018 - GA)

STATE OF OHIO v. Ronald Roberson

In our prior decision, we summarized the facts that supported Roberson’s
five criminal convictions. Roberson I, ¶ 4-34. The only facts that are relevant to the
assignment of error before us now are those relating to the August 27, 2015 incident,
which supported two of Roberson’s convictions: aggravated burglary and rape. The
relevant facts are these:
Roberson met C.G... More...
   $0 (05-21-2018 - OH)

THE STATE OF OHIO v. MYERS

The case was tried to a jury. Much of the account of what happened came from Myers’s friend and codefendant Timothy Mosley. According to Mosley, he and Myers began to concoct their scheme on January 27, 2014. That morning, Myers, who had just slept through the start of a new job, woke up Mosley
and asked him if he “wanted to make some money.” When Mosley said he did, Myers suggested that ... More...
   $0 (05-20-2018 - OH)

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)

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)

JARMALL KELLEY V. STATE OF ARKANSAS

Appellant Jarmall Kelley appeals his conviction by a Jefferson County jury of residential burglary, aggravated assault, theft by receiving, and interference with custody. On appeal, Kelley argues that the circuit court erred in denying his motions for directed verdict because the State failed to present sufficient evidence to support his conviction for aggravated assault.
We cannot reach the m... 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 - )

Dennis James Blackwell v. The State of Texas Fifth Court of Appeals - Texas Courts

After episodes of marital discord, appellant’s wife (Wife) took their children and moved in
with complainant, her cousin. On October 25, 2016, appellant went to complainant’s apartment
to see the children and try to get Wife back. Appellant pushed his way inside, and Wife noticed a
gun in his hand. When complainant threatened to call 9-1-1, appellant shot complainant in the
... More...
   $0 (05-16-2018 - TX)

United States of America v. Michael D. Bright, aka Groove and Emmanuel Thirkill, aka Hot Boy Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Nashville, TN - Two Nashville Men Receive Lengthy Prison Sentences For Violent Crime And Drug Offenses

In Separate Cases, Defendants Each Receive More Than 20 Years In Prison

Two Nashville, Tennessee men have been sentenced in U.S. District Court to more than 20 years in prison for committing crimes involving drugs and violence, announced U.S. Attorney Don Cochran of the Middle D... More...
   $0 (05-16-2018 - TN)

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)

Christopher Maurice Bell vs State of Florida

Christopher Bell was charged in three separate cases with three separate burglaries. He had three separate trials and got three separate guilty verdicts. He then filed three separate motions for new trial, each raising the same two arguments: (1) that the trial court erred in denying motions for judgment of acquittal and (2) that the verdict was contrary to the weight of the evidence. The presidin... More...   $0 (05-14-2018 - FL)

Larry Anthony Crosley vs State of Florida

The appellant, Larry Anthony Crosley, challenges the trial court’s denial of his Florida Rule of Criminal Procedure 3.800(b)(2) motion challenging his sentence of life imprisonment based on the trial court’s finding that he qualified as a Prison Releasee Reoffender (PRR). The State has conceded error, and we find that the appellant’s conviction for burglary with assault or battery does not qualif... More...   $0 (05-14-2018 - FL)

State of Tennessee v. Millard Ellis Spurgeon

The Sevier County Grand Jury charged the defendant and David Way via presentment with one count each of burglary, theft of property valued at $1,000 or more, vandalism of property valued at $1,000 or more, and possession of burglary tools for his role in the August 19, 2012 break-in at Gatlinburg-Pittman High School.
At the December 16, 2015 joint trial, Gatlinburg-Pittman High School principa... More...
   $0 (05-14-2018 - TN)

STATE OF OHIO vs. ROSARIO D. ROBINSON

Robinson was charged with aggravated burglary and several charges of
felonious assault, each for a separate victim, along with associated firearm specifications
and having a weapon while under disability. Although the indictment originally
identified one victim, the trial court permitted the state to amend the indictment to reflect
the names of six victims in the case. The co... More...
   $0 (05-14-2018 - OH)

STATE OF OHIO vs. ROBERT A. LITTLEJOHN

On November 15, 2016, appellant was charged under a complicity theory
with one count of aggravated burglary with one- and three-year firearm specifications,
seven counts of felonious assault with one- and three-year firearm specifications, and one
count of having weapons while under disability. A codefendant, Rosario D. Robinson,
was charged in the indictment as the principal ... More...
   $0 (05-14-2018 - OH)

STATE OF OHIO vs. GREG RUCKER

In 2016 Rucker and codefendant Nicholas Kraft were charged with three
counts of aggravated robbery, three counts of kidnapping and one count of having
weapons while under disability. Kraft plead guilty to two counts of aggravated robbery1
and agreed to testify against Rucker. The case against Rucker proceeded to a jury trial.
{¶3} Evidence was presented that between 3:30 a.m.... More...
   $0 (05-14-2018 - OH)

State of Ohio v. Eric Reed

On December 18, 2014, appellant was indicted on three counts:
participating in a criminal gang in violation of R.C. 2923.42(C); aggravated rioting in
violation of R.C. 2917.02(A)(2); and assault in violation of R.C. 2903.13(A).
{¶ 3} On July 14, 2015, appellant entered a guilty plea to the participating in a
criminal gang charge. The remaining counts were dismissed, and th... More...
   $0 (05-14-2018 - OH)

State of Ohio v. Michael Jividen

On October 26, 1990, appellant pleaded guilty to charges of aggravated
murder, aggravated robbery, aggravated burglary, grand theft of a motor vehicle, and
escape. The charges were contained in three separate case numbers. In case No. CR
199005104B, appellant pleaded guilty to aggravated murder and grand theft of a motor
vehicle. A nolle prosequi was entered at sentencing a... More...
   $0 (05-14-2018 - OH)

UNITED STATES OF AMERICA v. JIMMY DAVID MALONE

Knoxville police pulled over Jimmy Malone for driving with unlit taillights. But his lights were the least of his worries. The handgun found under Malone’s seat prompted a federal grand jury indictment on felon-in-possession charges. See 18 U.S.C. § 922(g)(1). A witnessintimidation charge came later after Malone bade his sister lie to officers about who bought the gun. See id. § 1512(b)(1). ... More...   $0 (05-12-2018 - TN)

STATE OF KANSAS v. ALEXANDER JEAN HILL

The State initially charged Hill with one count of burglary of a vehicle, contrary to K.S.A. 2017 Supp. 21-5807(a)(3), a severity level 9 nonperson felony, stemming from events on April 5, 2017. Pursuant to a plea agreement, the State effectively substituted an amended charge against Hill of one count of theft of property worth less than $1,500, contrary to K.S.A. 2017 Supp. 21-5801(a)(1), a class... More...   $0 (05-12-2018 - KS)

STATE OF KANSAS v. CRAIG PITTMAN

This appeal reflects Defendant Craig Pittman's latest effort to challenge his convictions and sentences for aggravated kidnapping, aggravated criminal sodomy, and several other crimes—an ongoing endeavor that has regularly occupied him since a Johnson County District Court jury found him guilty 18 years ago. We find the district court incorrectly resentenced Pittman to 117 months in prison on the ... More...   $0 (05-12-2018 - KS)

Luke Gonzalez v. The State of Texas

Gonzalez was charged by indictment with burglary of a habitation with the intent to
commit aggravated assault, a first-degree felony. See id. § 30.02(a)(1) (West, Westlaw
through 2017 1st C.S.). At trial the State put on testimony from the homeowner Joanna
Villapando and the complainant of the aggravated assault, Rueben Granado.
Villapando testified that Gonzalez is her daug... More...
   $0 (05-11-2018 - TX)

The State of Texas v. Mary Lou Garcia TENTH COURT OF APPEALS

Here, Garcia was charged by information with assault bodily injury-family
violence for “intentionally, knowingly, or recklessly caus[ing] bodily injury to Roy
Mendez, a member of the defendant’s family or household, by scratching his face with
her hands.” See TEX. PENAL CODE ANN. § 22.01(a)(1) (West Supp. 2017). Thereafter, the
State provided “Notice of Enhancement for Class ... More...
   $0 (05-11-2018 - TX)

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