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Cause In Fact Law
 
State of Ohio v. Shaniece M. Cox

On January 16, 2015, a Franklin County Grand Jury charged Cox and a codefendant, Kareem Jones, with possession of heroin and tampering with evidence. (Jan. 16, 2015 Indictment.) The indictment included a one-year firearm specification for the possession charge. Id. {¶ 3} The defense filed motions to suppress on December 1, 2015 and May 19, 2017 seeking exclusion of statements made by Cox to pol... 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)

STATE OF OHIO v. WESLEY R. HUDSON

While driving home from work late one evening, the victim in this matter stopped
at a gas station to purchase a few items. Mr. Hudson and his friend, Ronald Henry, were outside
when the victim arrived and followed him into the lobby. The victim intended to make a work
related cash deposit the following morning, so he was carrying a money bag in his pocket. He
removed the bag ... More...
   $0 (05-21-2018 - OH)

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. THIOTIS GREENE Ohio Court of Appeals

Following a traffic stop on January 8, 2016, appellant was arrested for driving
without a driver’s license. During an inventory search of the vehicle, officers recovered
marijuana and a substance they suspected to be crack cocaine.
{¶3} Appellant made an initial appearance via video conference on January 12, 2016.
The trial court declared appellant to be indigent and assigned... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO vs. BISHOP J. HICKS

In Cuyahoga C.P. No. CR-17-613700-C, Hicks was charged for his involvement in
an incident that occurred on January 23, 2017, during which Hicks and his codefendants, Eric
Henderson and Javon Mason, robbed an individual at gunpoint. On January 31, 2017, the
Cuyahoga County Grand Jury returned a four-count indictment charging Hicks with
(1) aggravated robbery, a first-degree fel... 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)

STATE OF OHIO vs. MICHELLE KRONENBERG

In February 2017, Kronenberg was charged with three counts of menacing by
stalking in violation of R.C. 2903.211(A)(1). The indictment charged that the offenses occurred
on February 22, 2017, and there was a count for each of the three victims: James LaMarca (Count
1), Mary Jo LaMarca (Count 2), and Alysse LaMarca (Count 3). All three counts contained
“furthermore” clauses, t... More...
   $0 (05-21-2018 - OH)

State of Ohio v. Robert J. Cowdrey

Appellant, Robert J. Cowdrey, sets forth the following three assignments of
error:
I. The court erred in denying the motion to suppress.
II. The court erred in denying the motion for acquittal.
III. The court erred in sentencing defendant to the maximum prison
term.
{¶ 3} The following undisputed facts are relevant to this appeal. In 2016,
appellant, a 52-... 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. Jesse Perez

During visitation hours at an Ohio correctional facility, appellant and
another inmate (the victim) got into an altercation. Appellant’s two children and their
mother were visiting appellant; and the victim’s mother was visiting the victim. Both
inmates were behind a barrier, which separates visitors from inmates.
{¶ 4} Appellant’s children, both toddlers at that time, got r... More...
   $0 (05-21-2018 - OH)

United States of America v. Rasheed Abiodun Akanni District of Rhode Island Federal Courthouse - Providence, Rhode Island

Rasheed Abiodun Akanni challenges the sufficiency of the evidence supporting his conviction for marriage fraud in violation of 8 U.S.C. § 1325(c), which prohibits "knowingly enter[ing] into a marriage for the purpose of evading any provision of the immigration laws." He does not challenge his felony convictions for making false statements to immigration officials. We affirm.1
The evidence pres... More...
   $0 (05-21-2018 - RI)

Patricia Theriault v. Genesis Healthcare, LLC District of Maine Federal Courthouse - Portland, Maine

Plaintiff-appellant Patricia
Theriault bills this case as one in which the district court
ignored the teachings of the Maine Supreme Judicial Court (known
in its appellate capacity as the Law Court) and improperly relied
on the McDonnell Douglas framework, see McDonnell Douglas Corp. v.
Green, 411 U.S. 792 (1973), when granting her employer's motion
for summary judgment. At... More...
   $0 (05-21-2018 - ME)

Paul Chmielewski, et al. v. The City of St. Pete Beach Middle District of Florida Federal Courthouse - Tampa, Florida

In this appeal of an inverse condemnation action, Defendant-Appellant the City of St. Pete Beach (“the City”) challenges a jury verdict in favor of Plaintiffs Katherine A. Chmielewski and Paul Chmielewski, as personal representative of the estate of Chester Chmielewski (“the Chmielewskis”). The underlying dispute involves a beachfront parcel, owned by the Chmielewskis, which experienced significan... More...   $0 (05-21-2018 - FL)

Linda M. Marshall v. Bryan S. Marshall

Linda Marshall appeals from the judgment on reserved issues following the
dissolution of her marriage to Bryan S. Marshall.1
Linda challenges two specific aspects
of the family court’s division of marital property. She contends the court erred declaring
a 2006 capital gains tax liability to be a community debt, notwithstanding the fact she had
obtained an “innocent spouse” det... More...
   $0 (05-21-2018 - CA)

STATE OF Ohio v. DWAYNE D. COLEMAN COURT OF APPEALS OF OHIO

Dwayne D. Coleman appeals from a judgment of the Dayton Municipal Court,
which found him guilty of assault, a misdemeanor. The trial court sentenced him to 180
days in jail; he received jail time credit of 12 days, and the balance of the sentence was
suspended. The court placed him on non-reporting community control and ordered him
not to return to the store where the inciden... More...
   $0 (05-20-2018 - OH)

STATE OF OHIO v. CHONTAY LUMFORD

This matter comes before us on two consolidated appeals by defendant
Chontay Lumford. In appellate case number 2017-CA-71, Lumford appeals from her
conviction and sentence following a guilty plea to one count of having a weapon while
under disability. In appellate number 2017-CA-72, she appeals from the trial court’s
revocation of community control and its imposition of prison ... More...
   $0 (05-20-2018 - )

CITY OF KETTERING v. WILLIAM J. MASTON

At approximately 2:00 a.m. on March 28, 2016, Maston was a passenger in
a vehicle driven by Hannah Tincher. As Tincher was driving on East Dorothy Lane in
Kettering, Officer Devin Maloney initiated a traffic stop due to a traffic violation. After
back-up arrived, Maloney conducted a free-air sniff by his canine partner, Jax. Jax
alerted to an odor of narcotics, and the offi... More...
   $0 (05-20-2018 - OH)

STATE OF OHIO v. ANDREW MELMS

This matter is before the Court on the August 8, 2017 Notice of Appeal of
Andrew Melms. Melms appeals from the trial court’s July 28, 2017 Judgment Entry of
Conviction, following a no contest plea to one count of aggravated possession of drugs,
namely fentanyl, in violation of R.C. 2925.11(A), a felony of the fifth degree. His appeal
is specifically addressed to the trial co... More...
   $0 (05-20-2018 - OH)

RICK POIRIER v. PROCESS EQUIPMENT CO. OF TIPP CITY

On June 8, 2016, Poirier filed a complaint against PECo for monetary
damages and equitable relief, based on PECo’s alleged breach of Poirier’s
manufacturer’s representative agreement. The complaint alleged four causes of action
against PECo: breach of contract; conversion of fees paid by Poirier’s clients; violation of
the statutory duty in R.C. 1335.11 when PECo failed to pay... More...
   $0 (05-20-2018 - 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)

Pausides Alayo v. State of Indiana

Pursuant to a plea agreement, Alayo pled guilty to Class D felony strangulation
and the State agreed to dismiss four other charges. On June 2, 2014, the trial
court sentenced Alayo to 910 days, with 776 days suspended to probation. In
addition to the general terms of probation, Alayo was also required to enroll in
and successfully complete a domestic violence program “at leas... More...
   $0 (05-20-2018 - IN)

Susanna Conlin v. State of Indiana Indiana Court Of Appeals

Susanna Conlin appeals from her conviction of operating a vehicle while intoxicated endangering a person,1 a Class A misdemeanor. She argues the trial
court erred by misapplying a statutory presumption in favor of the State and by
abusing its discretion in the admission of evidence.
[2] The following issues are presented for our review:
1. Did the trial court misapply a stat... More...
   $0 (05-20-2018 - IN)

Duncan E. Prince v. Invensure Insurance Brokers, Inc. v. Erm Insurance Brokers, Inc., Cross-defendant and Appellant

The parties appeal and cross-appeal a judgment after a jury trial in this
business dispute. Plaintiff and cross-defendant Duncan E. Prince obtained a judgment of
$647,706.48 against defendant and cross-complainant Invensure Insurance Brokers, Inc.
(Invensure). Invensure took nothing on its cross-complaint against Prince and his related
business entity, cross-defendant ERM Insurance... More...
   $0 (05-20-2018 - CA)

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