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Cause In Fact Law
 
Samuel Scudder v. Dolgencorp. L.L.C., d/b/a Dollar General Store Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

After returning from military service in Afghanistan, Samuel Scudder brought
suit against Dolgencorp, LLC, doing business as Dollar General Stores (“Dollar
General”), alleging the company denied him reemployment as required under the
Uniformed Services Employment and Reemployment Rights Act of 1994
(“USERRA”), 38 U.S.C. §§ 4301-4335. Scudder appeals the district court’s order
g... More...
   $0 (08-17-2018 - AR)

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)

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. ROY ALLEN GREEN

In 2001, Green was sentenced to 687 months of imprisonment for convictions on federal drug and firearms charges, including a conviction for conspiracy to distribute methamphetamine. Later that same year, while serving that sentence, Green attacked another inmate with a shank. Green then pleaded guilty to one count of assault with intent to commit murder, in violation of 18 U.S.C. § 113(a)(1). A... More...   $0 (08-17-2018 - PA)

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)

Naperville Smart Meter Awareness v. City of Naperville Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The City of Naperville owns and op-erates a public utility that provides electricity to the city’s res-idents. The utility collects residents’ energy-consumption data at fifteen-minute intervals. It then stores the data for up to three years. This case presents the question whether Naper-ville’s collection of this data is reasonable under the Fourth
2 No. 16-3766
Amendment of the U.S. Cons... More...
   $0 (08-17-2018 - IN)

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. NEMIAH ALLAN

This appeal is the companion case to State v. Evans, 329 Conn. , A.3d (2018), which we also decide today. The defendant, Nemiah Allan,1 appeals2 from the judgment of the trial court denying his motion to correct an illegal sentence. On appeal, the defendant claims that we should overrule State v. Ray, 290 Conn. 602, 966 A.2d 148 (2009), in which we interpreted General Statutes (Rev. to 2009) § 21... More...   $0 (08-16-2018 - CT)

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. TYREEN H. WALKER, a/k/a TYRENE WALKER

Defendant Tyreen H. Walker appeals from the denial of his petition for post-conviction relief (PCR), arguing: POINT I THE PCR COURT ERRED IN DENYING THE DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF WITHOUT AFFORDING HIM AN EVIDENTIARY HEARING TO FULLY ADDRESS HIS CONTENTION THAT DEFENSE COUNSEL IN THE TRIAL COURT FAILED TO ADEQUATELY EXPLAIN THE RAMIFICATIONS OF THE PLEA AGREEMENT, WHICH S... More...   $0 (08-16-2018 - NJ)

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. KENNETH BODDIE

Defendant Kenneth Boddie appeals from the July 6, 2016 Law Division order, which denied his first petition for post 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. R. 1... More...   $0 (08-16-2018 - NJ)

STATE OF NEW JERSEY v. KEITH HARRIS

In the fall of 2013, defendant began work as a civilian institutional trade instructor at NJSP. He trained and monitored inmates in food preparation. Roughly eight months before he started, the Department of Corrections banned tobacco from the State's prison system. A black market emerged, as inmates were willing to pay a premium to obtain tobacco products.

3 A-0933-16T3 ... 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)

STATE OF NEW JERSEY v. DAQUAN KEATON, a/k/a DAY DAY, DA QUAN KEATON, DAQUAN J. KEATON, and DAQUAN S. KEATON

Defendant Daquan Keaton was tried to a jury for the murder of Lamar Glover, on a theory of accomplice liability, and the shooting of Raymond Kozar. He was tried alone. The jury convicted him of knowing or purposeful murder, N.J.S.A. 2C:11 3(a)(1) and (2); two counts of second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a); one count of second-degree unlawful pos... 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)

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