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Certiorari Law
 
Workers’ Compensation Court of Appeals vs. Deer River Health Care Center and MHA Insurance Co. and Essentia Health-Deer River and Berkley Risk Administrators Co. and Midwest Spine & Brain Institute and Essentia Health

Respondent Janet Hufnagel filed a workers’ compensation claim in 2015 for work
related aggravations to a low-back condition that resulted from an admitted work-related
injury in 2009. At all relevant times, Hufnagel worked at the same job, performing the
same duties, at the same physical location. But between the 2009 injury and the later
aggravations sustained in 2014 and 201... More...
   $0 (07-19-2018 - MN)

BURGESS MASSEY v. UNITED STATES OF AMERICA

After the Supreme Court denied his petition for a writ  of certiorari, Massey v. United States, 549 U.S. 1136 (2007),  Massey filed his first motion for relief pursuant to 28 U.S.C.  § 2255, Massey v. United States, 08‐924, 2009 WL 1285991  (S.D.N.Y.  Apr.  23,  2009).  The  District  Court  denied  his  motion  and  did  not  issue  a  certificate  of  appealability,  finding that his three... More...   $0 (07-15-2018 - )

JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma... More...   $0 (07-15-2018 - NH)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

Seifullah Abdul-Salaam v. Secretary of Pennsylvania Depart of Corrections, et al. United States Court of Appeals for the Third Circuit

A jury found petitioner Seifullah Abdul-Salaam, Jr. (“Abdul-Salaam”) guilty of first-degree murder, robbery, and conspiracy after a six-day trial in March 1995 in the Court of Common Pleas of Cumberland County, Pennsylvania. After a one-day penalty phase hearing in which Abdul-Salaam’s counsel presented three mitigation witnesses, the jury sentenced Abdul-Salaam to death. Abdul-Salaam, after exhau... More...   $0 (07-12-2018 - PA)

TROY DANIEL DOWELL vs. STATE OF IOWA Troy Daniel Dowell - Registered Sex Offender

We have previously summarized the relevant facts and circumstances of
the underlying offense and early proceedings:
Dowell, who has three children, was convicted of several crimes, including neglect of a dependent. The district court entered a sentencing no-contact order restraining Dowell from having any contact with his children. The order was to remain in effect until July 15, 2013... More...
   $0 (07-08-2018 - IA)

John McAdams v. Marquette University

APPEAL from a judgment and an order of the Circuit Court
for Milwaukee County, David A. Hansher, Judge. Reversed and
remanded.
¶1 DANIEL KELLY, J. Marquette University suspended a
tenured faculty member because of a blog post criticizing an
encounter between an instructor and a student. Dr. John McAdams
took exception to his suspension, and brought a claim against
the U... More...
   $0 (07-07-2018 - WI)

J.B., a Minor, and the Guardian ad Litem Program vs. The State of Florida and Carmen Barahona Third District Court of Appeal State of Florida

This matter arises from the criminal prosecution of J.B.’s adoptive parents,
Barahona and her husband, Jorge Barahona (collectively “the Barahonas”). On, or
about, March 23, 2011, the Barahonas were charged with numerous counts,
including the first degree murder of their adopted child, N.B., and the child abuse
of their adopted child, V.B., who is N.B.’s twin brother.
Al... More...
   $0 (07-05-2018 - FL)

GREGORY BALDWIN vs. CITY OF ESTHERVILLE, IOWA; MATT REINEKE, Individually and in his Official Capacity as an officer of the Estherville Police Department; and MATT HELLICKSON, Individually and in his Official Capacity as an officer of the Estherville Police Department

When we answer a certified question, we rely upon the facts provided with the certified question. See Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors, 890 N.W.2d 50, 53 (Iowa 2017); Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa 2013). Accordingly, we restate the facts as set forth by the federal district court:
The incidents giving rise to ... More...
   $0 (07-04-2018 - IA)

BRIAN K. ALLISON vs. STATE OF IOWA SUPREME COURT OF IOWA

A jury convicted Brian Allison of three counts of sexual abuse in the third degree in 2011. He appealed his conviction. In his direct appeal, Allison argued the district court erred in not granting him a new trial based upon the weight of the evidence under Iowa Rule of Criminal Procedure 2.24(2)(b)(6). Among other things, Allison noted the victim, his stepdaughter, initially denied the abuse, ... More...   $0 (07-03-2018 - IA)

The People of the State of Colorado v. John Arthur Stellabotte Supreme Court of the State of Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Respondent John Stellabotte owned a towing company that he used to illegally tow cars and then demand payment from the owners. At the time he did this, his thefts constituted a class 4 felony. But before he had been convicted and sentenced, the General Assembly changed the theft statute to make the crime a class 5 felony, with a correspondingly lower sentence. The amendment to the theft sta... More...   $0 (07-02-2018 - CO)

HE STATE OF OKLAHOMA v. BILL W. DURFEY and JOHN BURKS, Bondsman SUPREME COURT OF THE STATE OF OKLAHOMA

The appellant, John Burks, (Burks/bondsman) is a bondsman who posted one hundred thousand dollar ($100,000) bail for the defendant, Billy Durfey, in a criminal case in Garvin County District Court.2 Durfey did not appear in court and the court forfeited the bond. On December 15, 2014, the same day that Durfey failed to appear, the bondsman made a written request to the Garvin County Sheriff's offi... More...   $0 (06-28-2018 - OK)

DANNY E. BEAUCLAIR v. STATE OF KANSAS

This appeal addresses current law on whether a criminal defendant's claim of actual innocence excuses procedural defaults that would otherwise bar litigation of motions filed under K.S.A. 60-1507.

Defendant Danny E. Beauclair pleaded no contest in 2001 to one count of rape of a child under 14 years of age and one count of aggravated criminal sodomy of a child under 14 years of age. Aft... More...
   $0 (06-28-2018 - KS)

Andres Castillo v. The People of the State of Colorado Colorado Supreme Court

One Saturday night, Castillo visited a nightclub in downtown Denver with his
wife, his cousin, and two friends to celebrate his wife’s birthday. They stayed until the
club closed.
¶7 Closing time in downtown Denver often unleashes a flood of people into the
streets. The Denver Police Department calls the resulting sea of humanity “outcrowds.”
Because fights and other di... More...
   $0 (06-28-2018 - CO)

Tamara M. Loertscher v. Eloise Anderson, et al. Western District of Wisconsin Federal Courthouse - Madison, Wisconsin Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Tamara M. Loertscher brought this
action under 42 U.S.C. § 1983 challenging the constitutionality
of 1997 Wisconsin Act 292 (“Act 292” or “the Act”), a legislative
measure designed to address the effects of prenatal substance
abuse. Act 292 brings unborn children and their mothers
within the jurisdiction of the juvenile courts if the mothers
exhibit a habitual lack of self&... More...
   $0 (06-27-2018 - WI)

Trump, President of the United States, et al. v.Hawaii, et al. United States Supreme Court Building - Washington, D.C.

Under the Immigration and Nationality Act, foreignnationals seeking entry into the United States undergo a vetting process to ensure that they satisfy the numerous requirements for admission. The Act also vests the President with authority to restrict the entry of aliens whenever he finds that their entry “would be detrimental to the interests of the United States.” 8 U. S. C. §1182(f). Relying on... More...   $0 (06-26-2018 - DC)

National Institute of Family and Life Advocates, d/b/a NIFLA, et al. v. Becerra Attorney General of California, et al. United States Supreme Court Building - Washington, D.C.

Freedom, Accountability, Comprehensive Care, and Transparency Act (FACT Act) requires clinics that primarily serve pregnant women toprovide certain notices. Cal. Health & Safety Code Ann. §123470 et seq. (West 2018). Licensed clinics must notify women that California provides free or low-cost services, including abortions, and give them a phone number to call.Unlicensed clinics must notify women t... More...   $0 (06-26-2018 - DC)

Keanu D. W. Ortiz v. United States United States Supreme Court Building - Washington, D.C.

This case is about the legality of a military officer serving as a judge on both an Air Force appeals court and theCourt of Military Commission Review (CMCR). The petitioner, an airman convicted of crimes in the military justice system, contends that the judge’s holding of dual offices violated a statute regulating military service, aswell as the Constitution’s Appointments Clause. The Court of Ap... More...   $0 (06-25-2018 - DC)

Michael Currier v. Virginia United States Supreme Court Building - Washington, D.C.

JUSTICE GORSUCH announced the judgment of the Court
and delivered the opinion of the Court with respect to
Parts I and II, and an opinion with respect to Part III, in
which THE CHIEF JUSTICE, JUSTICE THOMAS, and JUSTICE
ALITO join.
About to face trial, Michael Currier worried the prosecution
would introduce prejudicial but probative evidence
against him on one count tha... More...
   $0 (06-25-2018 - DC)

Rehabilitation Center at Hollywood Hills, LLC vs State of Florida, Agency For Health etc.

On September 13, 2017, AHCA issued the Immediate Moratorium on Admissions, which prohibited the facility from “admit[ting] for services any individual.” The order made the following factual findings: a. On September 10, 2017, [the facility] became aware that its air conditioning equipment had ceased to operate effectively. b. In addition to contacting the local electrical power provider, [the fa... More...   $0 (06-21-2018 - TN)

South Dakota v. Wayfair, Inc. SUPREME COURT OF THE UNITED STATES

When a consumer purchases goods or services, theconsumer’s State often imposes a sales tax. This case requires the Court to determine when an out-of-stateseller can be required to collect and remit that tax. All concede that taxing the sales in question here is lawful. The question is whether the out-of-state seller can be held responsible for its payment, and this turns on a proper interpretation... More...   $0 (06-21-2018 - SD)

Lois Davis v. Fort Bend County Southern District of Texas Courthouse - Houston, Texas Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Once again Lois Davis appeals the district court’s dismissal of her
lawsuit against her former employer, Fort Bend County. We previously
reversed and remanded, and we do so again today.
I.
Lois Davis was an information technology supervisor for Fort Bend
County. Davis filed a complaint with Fort Bend’s Human Resources
Department alleging that the information technology dire... More...
   $0 (06-20-2018 - TX)

STATE OF OHIO -vs- IVAN J. SMITH

The relevant facts and procedural history are as follows:
{¶4} On July 13, 2016, Muskingum County Sheriff’s dispatch received a
complaint about the odor of marijuana coming from the residence located at 128 Hamline
Ave., Zanesville, Ohio. The complaint also stated that the occupants at the residence
were trafficking in drugs.
{¶5} Colleena Johnson ("Colleena") and Appella... More...
   $0 (06-19-2018 - OH)

STATE OF OHIO -vs- ROBERT J. RAMSEY

On March 22, 2017, officers with the adult parole authority were
investigating reports of the unlawful manufacturing of methamphetamine involving two of
their parolees, Douglas Johnson and Douglas Baumgartner. The officers went to a
property owned by Mr. Johnson. The property contained a structure occupied by Mr.
Johnson, another structure occupied by Mr. Baumgartner, and a t... More...
   $0 (06-19-2018 - OH)

STATE OF OHIO v. JESSE M. OGLETREE, JR

Ogletree was indicted on June 1, 2017, and on June 16, 2017, the court
entered a not guilty plea on behalf of Ogletree at his arraignment. On June 29, 2017,
Ogletree filed a motion to suppress, and a hearing thereon was held on July 26, 2017.
At the hearing, Officer Josh Bowling of the City of Dayton Police Department testified that
he was working on April 11, 2017, on routin... More...
   $0 (06-19-2018 - OH)

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