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Cause In Fact Law
 
ALVIN ARTEAGA vs STATE OF FLORIDA

Alvin Arteaga appeals from a final order denying his motion and amended motion for postconviction relief. Some of the claims in these motions were denied after an evidentiary hearing, while others were denied summarily. We affirm the denial of all
- 2
but one claim without comment. We reverse the summary denial of a single claim for ineffective assistance of counsel based on trial cou... More...
   $0 (05-14-2018 - FL)

State of Tennessee v. Gabriel Dotson

On December 16, 2014, a Shelby County Grand Jury indicted the defendant for rape of a child, aggravated sexual battery, rape, statutory rape by an authority figure, and incest. The charge for statutory rape by an authority figure was later dismissed.

The defendant was charged with abusing his biological daughter, G.D.1 At the time of the trial, she was nineteen years old. The victim,... More...
   $0 (05-14-2018 - TN)

Jerry Edward Lanier v. State of Tennessee

ADyer County jury convicted the petitioner of two counts of selling more than 0.5 grams of cocaine in a drug-free zone for which he received an effective thirty-year sentence. This Court affirmed the petitioner’s convictions on direct appeal, and our Supreme Court denied his application for permission to appeal. State v. Jerry Edward Lanier, No. W2014-01840-CCA-R3-CD, 2015 WL 3397627, at *1 (Ten... More...   $0 (05-14-2018 - TN)

Demetrius Anderson v. State of Tennessee

On March 23, 2013, the Petitioner robbed two men, Richard Cooper and Willie Crawford, at gunpoint and took $60 and some marijuana. The victims called the police, and the Petitioner was apprehended after a short foot chase. In July 2013, the Petitioner was indicted for aggravated robbery and criminal attempt to commit aggravated robbery. On September 4, 2013, the trial court ordered the Petitione... More...   $0 (05-14-2018 - TN)

Nikolaus Johnson v. State of Tennessee

The procedural history of this case is protracted and complex. A Sullivan County Criminal Court jury convicted the petitioner of one count of the first degree premeditated murder of Bristol Police Department Officer Mark Vance, who had been dispatched to the home of the petitioner’s girlfriend to answer a call that the petitioner was “at the house threatening her with a gun,” and sentenced him to... More...   $0 (05-14-2018 - TN)

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. DELVONTA L. MALLORY

Defendant-appellant Delvonta Mallory appeals from a judgment of
conviction, entered after a trial to the court, finding him guilty of felonious assault,
improperly discharging a firearm into a habitation, aggravated menacing, having a
weapon while under disability, vandalism, and theft. The state charged that Mallory,
after being accused of taking the victim’s car keys, threat... More...
   $0 (05-14-2018 - OH)

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. ALIJAH K. LEE

The sentences imposed in this case are not ones that can be reviewed under
R.C. 2953.08(D)(1). R.C. 2953.08(D)(1) states as follows:
A sentence imposed upon a defendant is not subject to review under this section if the sentence is authorized by law, has been recommended jointly by the defendant and the prosecution in the case, and is imposed by a sentencing judge.

In that... More...
   $0 (05-14-2018 - OH)

STATE OF OHIO vs. CHRISTOPHER TRUSSELL

In January 2016, Trussell was charged in an eight-count indictment arising
out of allegations by his girlfriend, T.R., that Trussell kidnapped her and sexually and
physically assaulted her. The indictment charged Trussell with two counts of rape, one
count of kidnapping, one count of domestic violence, two counts of endangering children,
one count of disrupting public service... 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. George Barton

Appellant, George Barton, sets forth the following three assignments of
error:
I. The trial court erred to the prejudice of appellant in denying his
Crim.R. 29 motion.
II. The court’s verdict was against the manifest weight of the
evidence.
III. Appellant received ineffective assistance of counsel.
{¶ 4} The following undisputed facts are relevant to this appe... 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 J. Gates

On December 29, 2016, appellant was indicted on one count of rape in
violation of R.C. 2907.02(A)(1)(b), a felony of the first degree. The indictment stemmed
from an incident that occurred in September 2016, in which appellant engaged in fellatio
and masturbation with a juvenile who was two years old at the time. Appellant had
previously confessed to committing these acts dur... More...
   $0 (05-14-2018 - OH)

State of Ohio v. Michael Ray Madrid

The facts of this case are straightforward. On November 29, 2006, appellant
entered a plea pursuant to North Carolina v. Alford in case No. CR0200601180 to one
count of aggravated robbery in violation of R.C. 2911.01(A)(1) and one count of
involuntary manslaughter in violation of R.C. 2903.04(A) and (C), felonies of the first
degree. The trial court accepted appellant’s plea,... 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. Joan Cicchiello Middle District of Pennsylvania Federal Courthouse - Harrisburg, Pennsylvania

Harrisburg, PA - Former Registered Nurse Sentenced To Six Years’ Imprisonment For Health Care Fraud

Joan Cicchiello, age 67, of Annville and Mount Carmel, Pennsylvania, was sentenced on May 9, 2018, to 72 months’ imprisonment and three years of supervised release by United States District Court Judge John E. Jones, II on Health Care Fraud related charges.

According to United S... More...
   $0 (05-14-2018 - PA)

Debbie Williams, et al. v. Affinion Group, LLC, et al. Southern District of New York - New York, New York

The post‐transaction marketing employed by Trilegiant and its e‐merchant
partners functions as follows. Online merchants such as Buy.com, Inc. and
Priceline.com, Inc. enter into an arrangement with Trilegiant to permit the
advertisement of membership club programs to their customers. In the course
of completing a transaction, a link, banner, or webpage appears on theMore...
   $0 (05-14-2018 - NY)

Mark Burns v. Daniel P. Martuscello, Jr., et al. Northern District of New York Federal Courthouse - Syracuse, NY

12 Plaintiff‐Appellant Mark Burns appeals from a February 10, 2015 decision
13 and order of the United States District Court for the Northern District of New
14 York (Kahn, J.), adopting the report‐recommendation of the magistrate judge
15 (Hummel, M.J.) in its entirety, and granting summary judgment to defendants.
16 Burns brought several Section 1983 claims, alleging ... More...
   $0 (05-14-2018 - NY)

Bryan Blue v. California Office of the Inspector General

This appeal challenges the trial court’s partial denial of a special motion to strike
pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute,1 directed

1 Undesignated statutory references are to the Code of Civil Procedure. SLAPP is
an acronym for “strategic lawsuit against public participation.”
2
at causes of action arising out of the manner in which... More...
   $0 (05-14-2018 - CA)

STATE OF OHIO v. Robert Lee Tucker

On July 28, 2016, Robert Lee Tucker stole merchandise totaling $305.10
from the Walmart store in Perrysburg, Ohio. He pushed a shopping cart filled with this
merchandise to the front of the store and presented the store greeter with a phony receipt.
When she questioned him about items that did not appear on the receipt, he ran the cart
out the doors and across the parking lot... More...
   $0 (05-13-2018 - OH)

STATE OF OHIO v. TANNER D. HOPKINS

This case arises from the January 13, 2015 assault suffered by Chaenin
Taylor. At the time of the assault, Taylor was seven-months pregnant. As a result of
the assault, the fetus died.
{¶ 3} Following an investigation, Hopkins was indicted on one count of murder
(purposeful) in violation of R.C. 2903.02(A), one count of involuntary manslaughter in
violation of R.C. 2903... More...
   $0 (05-13-2018 - OH)

STATE OF OHIO v. DEONTAE HOWARD

In the spring of 2014, when he was 17 years old,1 Howard was charged as
a juvenile delinquent in the Montgomery County Court of Common Pleas, Juvenile
Division, for conduct that would amount to second-degree-felony robbery if committed by
an adult. The charges arose after it was alleged that Howard took part in a version of
the “knock out game” that had recently been sensation... More...
   $0 (05-13-2018 - OH)

STATE OF ARIZONA v. VINCENT JOSEPH GUARINO

To secure membership in the Aryan Brotherhood, a criminal gang, Defendant Vincent Guarino (“Guarino”) sought to murder Chad Rowe. Accompanied by his brother Frank Guarino (“Frank”), Guarino went to a home in north Phoenix. Guarino entered, found Chad, and brought him out at gunpoint. The three men drove away in a truck. Chad’s body was later found in a residential street. He had been stabbed ... More...   $0 (05-13-2018 - AZ)

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