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Patrick Dwayne Murphy v. Terry Royal Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

These matters are before the court on the respondent’s Petition for Panel
Rehearing or Rehearing En Banc. We also have responses from the petitioner and the
United Keetoowah Band of Cherokee Indians, in addition to amici curiae briefs from the
United States and The Muscogee (Creek) Nation. We also have several motions pending
seeking to file additional amici curiae briefs.
2More...
   $0 (11-10-2017 - OK)

State of New Mexico v. Wesley Davis

{1} This case concerns the inventory search exception to the warrant requirement.
4 The Court of Appeals concluded that the inventory search that occurred in this case
5 was invalid because Defendant Wesley Davis did not possess the backpack searched
6 at the time of arrest as the backpack was not “on his person or in his physical
7 possession . . . .” State v. Davis, 2016-NMCA-073... More...
   $0 (11-09-2017 - NM)

EDMOND L. HAYES v. STATE OF KANSAS

In April 1998, a jury convicted Hayes of involuntary manslaughter, and the district court later sentenced Hayes to 31 months' imprisonment and 36 months' postrelease supervision. At the time he committed the crime, the Kansas Offender Registration Act (KORA) mandated that Hayes register as a violent offender for 10 years after he was "paroled, discharged or released" from prison. See K.S.A. 1997 S... More...   $0 (11-09-2017 - KS)

HARABIA JABBAR JOHNSON V. STATE OF KANSAS

On February 7, 1991, Johnson pled guilty to aggravated battery in case No. 90 CR 1426; first-degree murder, aggravated burglary, aggravated battery, aggravated arson, rape, aggravated sodomy, and two counts of aggravated kidnapping in case No. 90 CR 1427; and aggravated arson in case No. 90 CR 1843. In the first two cases, Johnson was 17 years old at the time he committed the crimes. In the last c... More...   $0 (11-08-2017 - KS)

JEFFREY R. PENDLETON v. STATE OF KANSAS

On June 18, 2010, Jeffrey R. Pendleton pled guilty to possession of methamphetamine, fleeing and eluding police, and driving while under the influence. More than four years later, in July 2014, Pendleton sought to withdraw his plea. After a hearing, the district court found that there was no manifest injustice to Pendleton and denied his motion to withdraw the plea. Pendleton appeals this decision... More...   $0 (11-08-2017 - KS)

STATE OF NEW MEXICO v. JOHN ERIC OCHOA SUPREME COURT OF THE STATE OF NEW MEXICO

3 {1} The right to a speedy trial is guaranteed by the Sixth Amendment to the United
4 States Constitution and Article II, Section 14 of the New Mexico Constitution.
5 Defendant was arrested on May 12, 2008, and charged with a number of offenses
6 relating to criminal sexual contact of a minor. Prior to a mistrial on March 8, 2010,
7 trial was delayed for a number of reasons includ... More...
   $0 (11-03-2017 - NM)

Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi

At approximately 9:00 on the morning of July 16, 1996, Bertha Tardy, the owner of
Tardy Furniture Store, called Sam Jones and asked him to come to the store to train two new
employees. When Jones arrived at the store a short time later, he discovered the bodies of
Bertha Tardy, Robert Golden, Carmen Rigby, and Derrick Stewart. All four victims had
been shot in the head; Stewart w... More...
   $0 (11-03-2017 - MS)

Michael Boyle v. ASAP Energy, Inc., Fast Lane Stores, Inc. d/b/a Fast Lane 3 Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

¶1 Plaintiffs brought an action in the District Court for Custer County and claimed a convenience store negligently and recklessly sold low-point beer to a noticeably intoxicated person who injured plaintiffs in a vehicle collision several hours later. Defendant filed a motion for summary judgment which was granted by the trial court.1 We reverse the judgment of the District Court.

¶2 Two... More...
   $0 (10-24-2017 - OK)

United States of America v. Byron J. Holton Southern District of Illinois Courthouse - East St. Louis, Illinois

Byron Holton pleaded guilty to robbing a
grocery store in southern Illinois while carrying and using a
firearm, and a jury found him guilty of conspiring to commit
Hobbs Act robbery (a robbery affecting interstate commerce).
In sentencing Holton on the conspiracy count, the district judge
imposed a prison term roughly four years above the recom2
No. 17-1406
mended Guide... More...
   $0 (10-17-2017 - IL)

Givani Depianti v. Jan-Pro Franchising, Inc. Federal Courthouse - Boston, Massachusetts

Generation after generation of
parents have passed along a basic adage to their children: if at
first you don't succeed, try, try again. Such advice encouraging
perseverance can serve one well throughout a myriad of life
experiences. But while steadfast determination may, in the
abstract, be worthy of aspiration, the legal field has--as is often
the case--made an exception ... More...
   $0 (10-03-2017 - MA)

Doris Racher v. Westlake Nursing Home Limited Partnership, d/b/a Quail CReek Nursing and Rehabilitation Center Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Eryetha Mayberry was abused by two certified nursing assistants while in
the care of Quail Creek Nursing Home, operated by Westlake Nursing Home
Limited Partnership and Westlake Management Company (collectively “Quail
Creek” or “Westlake”). Mrs. Mayberry’s three daughters (collectively
“plaintiffs”) filed this diversity action against Westlake under Oklahoma law for
negligence,... More...
   $0 (09-30-2017 - OK)

United States of America v. Leon Robinson, Jr. Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

In 2009, a jury convicted Leon Robinson, Jr. of being a felon in possession of
a firearm. The district court concluded he had at least three prior violent felony
convictions and sentenced him under the Armed Career Criminal Act (ACCA) to the
mandatory minimum fifteen years imprisonment. See 18 U.S.C. § 924(e)(1). After
the Supreme Court’s decision in Johnson v. United States, 135 S... More...
   $0 (09-27-2017 - AR)

Multiple Injury Trust Fund v. Maggie Wiggins and the Workers' Compensation Court of Existing Claims Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

¶1 This case concerns the meaning and effect of a proviso in 85 O.S.2011, § 402(A)(4).1 The general subject of § 402(A) is the definition of physically impaired person for purposes of recovery from the Multiple Injury Trust Fund (MITF). Subsection 402(A)(4) provides that an injured worker with "[a]ny previous adjudications of disability adjudged and determined by the Workers' Compensation Court" q... More...   $0 (09-26-2017 - OK)

F.E.V., a Minor, etc. v. City of Anaheim

INTRODUCTION
The doctrine of res judicata or claim preclusion dictates that in ordinary
circumstances a final judgment on the merits prevents litigation of the same cause of
action in a second suit between the same parties. (DKN Holdings LLC v. Faerber (2015)
61 Cal.4th 813, 824 (DKN).) In rare circumstances, a final judgment may be denied
claim preclusive effect when to do so ... More...
   $0 (09-20-2017 - CA)

Troy Lambert v. Nutraceutical Corporation Ninth Circuit Court of Appeals - San Francisco, California

Federal Rule of Civil Procedure 23(f) allows a litigant to
seek an interlocutory appeal of a district court’s order
granting or denying class certification. This case is about
whether and when the fourteen-day Rule 23(f) deadline may
be tolled. In a matter of first impression for this court, we
hold that the Rule 23(f) deadline is not jurisdictional, thus
equitable exceptio... More...
   $0 (09-15-2017 - CA)

State of Hawaii v. Donald L. Trump

We are asked to review the district court’s modified preliminary injunction,
FILED SEP 7 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS
2
which enjoins the Government from enforcing Executive Order 13780 against (1) grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States; and (2) refugees who have forma... More...
   $0 (09-08-2017 - HI)

Gabriel Cortez v. Doty Bros. Equipment Company

Gabriel Cortez sued his former employer Doty Bros.
Equipment Company for Labor Code and wage and hour
violations on behalf of himself and a putative class of employees
and former employees. Cortez’s complaint included a related
representative claim under the Labor Code Private Attorneys
General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq.). On
September 19, 2014 the superi... More...
   $0 (09-02-2017 - CA)

Lynn D. Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation United States Court of Appeals for the Tenth Circuit Denver, Colorado

The Ute Indian Tribe of the Uintah and Ouray Reservation1 appeals a preliminary
injunction ordering it not to proceed with litigation in tribal court against a nonmember
former contractor, Lynn Becker. The district court ruled that although the parties’
dispute would ordinarily come within the tribal court’s jurisdiction, their Independent
Contractor Agreement (the Contract) waived... More...
   $0 (08-25-2017 - UT)

State of New Mexico v. Jesus M. Castro

3 Defendant Jesus Castro was charged with two counts of criminal sexual
4 penetration. Defendant had two trials; the first resulted in a mistrial, and thirty-two
5 months later, after the second trial, a jury convicted him of one count of forced penile
6 penetration. The delay was due to multiple continuances, attorney motions to
7 withdraw from the case, the mistrial, ... More...
   $0 (08-24-2017 - NM)

PC Riverview, LLC v. Xiao-Yao Cao

¶1 In 2003, L + C Unlimited Corporation (L + C) was assigned
the lease that permitted the Golden Isle Restaurant to operate in a
strip mall in Murray, Utah. Xiao-Yan Cao, L + C’s president,
personally guaranteed L + C’s performance. In 2006, the lease was
again assigned, this time to Hong G. Lin. As part of that assignment,
the lease term was extended until September 30, 2013, ... More...
   $0 (08-24-2017 - UT)

M.R.; J.R., Parents of Minor Child, E.R. v. Ridley School District

Under the Individuals with Disabilities Education Act,
a parent of a child with a disability can bring administrative
and judicial proceedings to challenge a school district’s
alleged violations of the Act, and, if the parent emerges as “a
prevailing party,” the parent is then eligible for an award of
attorneys’ fees. 20 U.S.C. § 1415(i)(3)(B). This case
presents the questi... More...
   $0 (08-23-2017 - PA)

Conner Chandler v. State of Oklahoma ex rel. Department of Public Safety Oklahoma Court of Civil Appeals - Oklahoma City, Oklahoma

¶1 Conner Chandler (Chandler) appeals a district court order sustaining an order of the Department of Public Safety (DPS) revoking his driver's license for refusal to submit to State's tests for alcohol. Based on the appellate record and applicable law, we reverse the order.

FACTS AND PROCEDURAL BACKGROUND

¶2 On August 7, 2013, a police officer for the City of Glenpool, Oklahoma,... More...
   $0 (08-22-2017 - OK)

Anthony Castillo Sanchez v. The State of Oklahoma

¶1 Anthony Castillo Sanchez, Petitioner, was tried by jury and found guilty of Count 1, first degree murder, in violation of 21 O.S.Supp.1996, § 701.7(A); Count 2, first degree rape, in violation of 21 O.S.1991, § 1114(A)(3); and Count 3, forcible sodomy, in violation of 21 O.S.Supp.1992, § 888(B)(3), in Cleveland County District Court, Case No. CF-2000-325. The jury found three aggravating circum... More...   $0 (08-22-2017 - OK)

Anthony Castillo Sanchez v. The State of Oklahoma

¶1 Anthony Castillo Sanchez, Petitioner, was tried by jury and found guilty of Count 1, first degree murder, in violation of 21 O.S.Supp.1996, § 701.7(A); Count 2, first degree rape, in violation of 21 O.S.1991, § 1114(A)(3); and Count 3, forcible sodomy, in violation of 21 O.S.Supp.1992, § 888(B)(3), in Cleveland County District Court, Case No. CF-2000-325. The jury found three aggravating circum... More...   $0 (08-22-2017 - OK)

Carole Marziale and James Marziale v. Spanish Fork City

¶ 1 This appeal requires us to decide whether a credit card
error that caused Carole and James Marziale’s complaint against
Spanish Fork City (the City) to be rejected means that their
complaint and the attached undertaking were not timely filed. We
affirm the court of appeals and hold that the payment error did
not affect the timeliness of the Marziales’ filing.
MARZIALE ... More...
   $0 (08-22-2017 - UT)

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