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Certiorari Law
 
Robert Ghiringhelli v. The Assurance Group, Inc. Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Plaintiffs Robert Ghiringhelli, Colin
Keith Holley, Derrold Nash, Anthony Petitti, Jr., and Harmon G. Pye, III,1 appeal the district
court’s grant of summary judgment to defendant The Assurance Group, Inc., on the plaintiffs’
claims for breach of contract, conversion, breach of fiduciary duty, statutory and regulatory
violations, and for declaratory judgment. Before this court, the... More...
   $0 (05-26-2018 - OH)

Adam B. Boulineau vs Department of Highway Safety and Motor etc.

Petitioner seeks second-tier certiorari review of the circuit court’s order denying first-tier certiorari relief from the final order of the Department of Highway Safety and Motor Vehicles (DHSMV). DHSMV had affirmed the revocation of Petitioner’s driver’s license for a period of five years, under the terms of section 322.28(2)(a)2., Florida Statutes (2013). Our standard for second-tier certior... More...   $0 (05-23-2018 - FL)

U’DREKA ANDREWS vs. STATE OF FLORIDA

U’dreka Kynshere Andrews was convicted of first-degree murder, burglary,
and robbery and was sentenced to life without the possibility of parole for the first
degree murder conviction. Andrews was 17 years old at the time she committed
the offenses. Subsequently, the United States Supreme Court held in Miller v.
Alabama, 567 U.S. 460, 479 (2012), “that the Eighth Amendment for... More...
   $0 (05-22-2018 - FL)

STATE OF FLORIDA vs. JASON DIRK WALTON / JASON DIRK WALTON vs. JULIE L. JONES, etc.

Walton was convicted and sentenced to death for the execution-style
murders of three individuals that occurred during the commission of a robbery and
burglary. Walton v. Dugger (Walton IV), 634 So. 2d 1059, 1060 (Fla. 1993).
On direct appeal, this Court affirmed the convictions but vacated the death sentences because the trial court failed to afford Walton an opportunity to confr... More...
   $0 (05-22-2018 - FL)

Charles E. Yeager v. Peter Holt

Defendants Peter Holt, Holt Law Firm, and Bethany Holt (collectively Holt,
except as noted) appeal from an order denying their special motion to strike (also known
as an anti-SLAPP--Strategic Lawsuit Against Public Participation--motion).1
Peter Holt
and his law firm briefly represented Charles E. and Victoria Yeager (collectively Yeager,
except as noted) and successfully sued... More...
   $0 (05-17-2018 - CA)

Matthew Gary Richardson v. United States of America Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Petitioner Matthew Richardson appeals the district
court’s denial of his 28 U.S.C. § 2255 motion to set aside his sentence, challenging his
>
No. 17-5517 Richardson v. United States Page 2
designation as an armed career criminal under 18 U.S.C. § 924(e), the Armed Career Criminal
Act (“ACCA”). We AFFIRM.
I. BACKGROUND
In 2012, after attempting to sell a sawed-off shotgu... More...
   $0 (05-16-2018 - TN)

Green Meadow Realty Co., d/b/a Keller Williams Realty v. Roger P. Gillock and Mary Gillock Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

¶1 This case concerns a dispute between Green Meadow Realty Co. (Realtor) and Roger and Mary Gillock (Owners) over Realtor's right to a commission. The trial court and Court of Civil Appeals resolved this dispute in favor of Realtor on the basis of the summary judgment record presented by the parties. Both courts found Owners were bound by an addendum to the listing agreement, even though it conta... More...   $0 (05-15-2018 - OK)

GREEN MEADOW REALTY CO. v. GILLOCK

This case concerns a dispute between Green Meadow Realty Co. (Realtor) and Roger and Mary Gillock (Owners) over Realtor's right to a commission. The trial court and Court of Civil Appeals resolved this dispute in favor of Realtor on the basis of the summary judgment record presented by the parties. Both courts found Owners were bound by an addendum to the listing agreement, even though it containe... More...   $0 (05-15-2018 - OK)

Charles Vansmith vs State of Florida

The petitioner, Charles Vansmith, petitions this Court for a writ of certiorari. The petitioner argues that the trial court departed from the essential elements of law by using section 775.021(4)(a), Florida Statutes (2017), to determine that it still had jurisdiction to keep him placed in a secure residential facility based on section 916.303(3), Florida Statutes (2017). We find that the trial co... More...   $0 (05-14-2018 - FL)

UNITED STATES OF AMERICA v. COUNTY OF MARICOPA, Arizona and PAUL PENZONE,* in his official capacity as Sheriff of Maricopa County, Arizona

The United States brought this action to halt racially discriminatory policing policies instituted by Joseph Arpaio, the former Sheriff of Maricopa County, Arizona. Under Arpaio’s leadership, the Maricopa County Sheriff’s Office (MCSO) routinely targeted Latino drivers and passengers for pretextual traffic stops aimed at detecting violations of federal immigration law. Based on that and other un... More...   $0 (05-13-2018 - AZ)

State of Tennessee v. Joshua Thidor Cross

This case relates to the Defendant’s December 1, 2016 guilty plea to two counts of theft of property valued at more than $500 but less than $1000. See id. §§ 39-14-103; 39-14-105. The two counts merged into a single count of theft by operation of law.

Pursuant to the plea agreement, the trial court determined the length of the Defendant’s sentence at a sentencing hearing.
Guilty ... More...
   $0 (05-09-2018 - TN)

United States of America v. County of Maricopa and Paul Penzone District of Arizona Federal Courthouse - Phoenix, Arizona

The United States brought this action to halt racially
discriminatory policing policies instituted by Joseph Arpaio,
the former Sheriff of Maricopa County, Arizona. Under
Arpaio’s leadership, the Maricopa County Sheriff’s Office
(MCSO) routinely targeted Latino drivers and passengers for
pretextual traffic stops aimed at detecting violations of
federal immigration law. Base... More...
   $0 (05-08-2018 - AZ)

The People of the State of Colorado v. David Delbert Rediger Supreme Court of the State of Colorado

David Rediger drove to the Rocky Mountain Youth Academy (the “Academy”)—
a nonprofit day treatment school that serves students who are not succeeding in public
school—to speak with Stacey Holland, the Academy’s owner and director. Holland and
her husband had accused Rediger of stealing hay from their property, and Rediger
intended to speak with Holland about the theft charges a... More...
   $0 (05-02-2018 - CO)

Naruto v. David John Slater Northern District of California Federal Courthouse - San Francisco

We must determine whether a monkey may sue humans,
corporations, and companies for damages and injunctive
relief arising from claims of copyright infringement. Our
court’s precedent requires us to conclude that the monkey’s
claim has standing under Article III of the United States
Constitution. Nonetheless, we conclude that this
monkey—and all animals, since they are not hu... More...
   $0 (04-30-2018 - CA)

TARACORP v. DAILEY

On June 4, 2007, the District Court of Logan County, Colorado, granted the plaintiffs/appellants, Taracorp, LTD., and Tara and Kelly Barlean (collectively, Taracorp) a default judgment against the defendants/appellees, Jeff Dailey d/b/a A.J.'s Bargain World (collectively Dailey). The lawsuit apparently stemmed from Taracorp's allegations that Dailey breached a fiduciary duty and defrauded Taracorp... More...   $0 (04-24-2018 - OK)

United States of America v. Karen D'Onofrio v. Vacation Publications, Inc. d/b/a Vacations To Go Southern District of Texas Courthouse - Houston, Texas

In this employment dispute, Karen D’Onofrio sued her former employer,
Vacations to Go (“VTG” or “Vacation”), a division of Vacation Publications, Inc.,
the largest seller of ocean-going cruises in the world, for interfering with her
rights under the Family Medical Leave Act. Vacation counter sued, alleging
that Karen and her husband, Michael D’Onofrio, breached Karen’s covenant
... More...
   $0 (04-24-2018 - TX)

Planned Parenthood of Greater Ohio v. Lance Himes Sixth Circuit Court of Appeals for the Sixth Circuit

Enacted in 2016, Ohio Revised Code § 3701.034
requires the Ohio Department of Health (ODH) to ensure that all funds it receives through six
non-abortion-related federal health programs are not used to contract with any entity that
performs or promotes nontherapeutic abortions, or becomes or continues to be an affiliate of any
entity that performs or promotes nontherapeutic abortion... More...
   $0 (04-18-2018 - OH)

ENOCH D. HALL vs. STATE OF FLORIDA

This Court has previously detailed the underlying facts of this case. Hall v.
State (Hall I), 107 So. 3d 262, 267-71 (Fla. 2012). Relevant to the instant
proceeding, Hall, an inmate at Tomoka Correctional Institution (TCI), was
convicted and sentenced to death for the first-degree murder of Correctional
Officer (CO) Donna Fitzgerald. Hall v. State (Hall II), 212 So. 3d 1001,... More...
   $0 (04-16-2018 - FL)

STATE OF LOUISIANA Vs. TRUNG LE

On June 29, 2014, sometime between 2:00 a.m. and 2:50 a.m., an exchange
of gunfire between two shooters erupted in the 700 block of Bourbon Street, near
the intersection with Orleans Street in the French Quarter. This incident resulted in
the untimely death of Brittany Thomas (hereinafter “Ms. Thomas”), the attempted
murder of an unknown male, and injury to numerous bystanders ... More...
   $0 (04-13-2018 - LA)

The People of the State of Colorado v. Franck Armand Belibi

Franck Belibi was charged with a number of felony and misdemeanor counts
following an incident in which he struck and killed a pedestrian with his car. He
ultimately entered into a plea arrangement, in which he agreed to plead guilty to one
count of attempt to influence a public servant and to pay $4,728 to the Victim’s
Compensation Fund to offset payments made for the deceden... More...
   $0 (04-10-2018 - CO)

STATE OF IOWA vs. DEONTE THOMPSON Iowa Court of Appeals

Deonte Thompson appeals from the district court’s denial of his motion to
reduce the sentence imposed upon his 2015 conviction for second-degree
robbery, in violation of Iowa Code sections 711.1 and .3 (2015). He contends
counsel was ineffective because in arguing the motion to reduce sentence counsel
failed to raise due-process and equal-protection challenges to the non-retro... More...
   $0 (04-05-2018 - IA)

American Insurance Company v. Lazaro Rodriguez

Amerisure Insurance Company seeks certiorari review of the trial court’s
order denying its motion to dismiss or abate the spoliation of evidence claim
asserted by the plaintiff, Lazaro Rodriguez. Because Amerisure has failed to meet
the threshold requirement of showing that the trial court’s order creates irreparable
harm, we dismiss the petition for lack of jurisdiction.
Backg... More...
   $0 (04-04-2018 - FL)

STATE OF KANSAS v. JAMES K. KAHLER

A recitation of some family history preceding the murders is necessary to put Kahler's crimes in context. In 2008, the Kahler family—husband, Kahler; wife, Karen; teenage daughters, Emily and Lauren; and 9-year-old son, Sean—was living in Weatherford, Texas. Kahler was the director of the public utilities department, and Karen was a personal trainer. Both adults had successful careers. Acquaintanc... More...   $0 (03-31-2018 - KS)

DANIEL L. DUPREE v. STATE OF KANSAS

On October 15, 2012, Dupree pled guilty pursuant to Alford v. North Carolina, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970), to an amended charge of seconddegree intentional murder, kidnapping, aggravated burglary, aggravated robbery, aggravated assault, and two counts of aggravated endangering of a child. In the written plea agreement, Dupree agreed "to waive his right to appeal or collater... More...   $0 (03-29-2018 - KS)

The People of the State of Colorado v. Alfred Gabriel Sandoval Supreme Court of the State of Colorado

Alfred Sandoval was charged with first degree assault, a class three felony, and
possession of a weapon by a previous offender, a class five felony. Sandoval entered
into a plea agreement to the reduced charge of felony menacing, a class five felony, in
exchange for dismissal of the original charges. The plea agreement also provided that
Sandoval would not be sentenced to the... More...
   $0 (03-29-2018 - CO)

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