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Circumstantial Evidence Law
 
John Doe v. Miami University, et al. Southern District of Ohio Courthouse - Cincinnati, Ohio

In the fall of 2014, John Doe and Jane Doe1 were students at Miami University, a public university located in Oxford, Ohio. The two students knew each other and had engaged in several consensual “physical encounters.” This
case arises from an incident between John and Jane on September 14, 2014. Both parties had
consumed alcohol, and John states that he was so intoxicated that he cannot re... More...
   $0 (02-16-2018 - OH)

Daniel Thomas, et al. v. Nationwide Children's Hospital, at at. Sixth Circuit Court of Appeals for the Sixth Circuit

Medical personnel treated three infants, between 19-days old
and six-months old, in the emergency room of Nationwide Children’s Hospital for serious
injuries, including skull fractures and a broken leg. Nationwide’s physicians suspected child
abuse, and they conducted x-rays, a CT scan, and blood testing to identify additional injuries,
after which they alerted Franklin County Chil... More...
   $0 (02-16-2018 - )

J.H. v. The Superior Court of San Luis Obispo County, San Luis Obispo County Department of Social Service, Real Party in Interest

In People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez),
our Supreme Court clarified the test for admitting expert opinion
testimony. Although Sanchez was a criminal case, its limitations
extend beyond the scope of criminal law: to proceedings under
the Sexually Violent Predator Act (People v. Burroughs (2016) 6
Cal.App.5th 378), to conservatorship proceedings
2
(Conserva... More...
   $0 (02-16-2018 - CA)

United States of America v. Antoine Darrell Smith Middle District of North Carolina Federal Courthouse - Greensboro, North Carolina

The district court held that the North Carolina crime of voluntary manslaughter is a violent felony under the force clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(B)(i). We agree, and affirm the enhanced sentence imposed on Antoine Smith as a result.
I.
Antoine Smith pled guilty to one count of possession with intent to distribute cocaine hydrochloride in violation o... More...
   $0 (02-15-2018 - NC)

United States of America v. Daniel Thomas Hersl and Marcus Roosevelt Taylor District of Maryland Federal Courthouse - Baltimore, Maryland

Baltimore, MD - Two Baltimore City Police Officers Convicted In Federal Racketeering Conspiracy

Officers Hersl and Taylor Robbed Victims, Filed False Affidavits and Made Fraudulent Overtime Claims

On February 12, 2018 a federal jury has convicted Detective Daniel Thomas Hersl, age 47, of Joppa, Maryland and Detective Marcus Roosevelt Taylor, age 30, of Glen Burnie, Maryland for r... More...
   $0 (02-15-2018 - MD)

Blackstock Federal Constructors, LLC v. Ultimate Group, LLP Bowie County Courthouse - Texarkana, Texas

In Bowie County, Texas, Ultimate Group, LLP, filed suit against Blackstock Federal Constructors, LLC, for breach of contract, quantum meruit, and unjust enrichment seeking monies allegedly owed for work performed in connection with “the Tex Americas Center project” in New Boston, Texas. Blackstock entered a general and verified denial. The trial court granted Ultimate’s motion for summary judgment... More...   $0 (02-15-2018 - TX)

Texas Department of Transportation v. Brian Milton Dallas County Courthouse - Dallas, Texas

In this premises liability case, the Texas Department of Transportation (TxDOT) appeals a judgment on a jury verdict in favor of Brian Milton. In two issues, TxDOT contends the evidence is legally insufficient to prove it had actual knowledge of the dangerous condition and to prove it failed to adequately warn Milton. We affirm the trial court’s judgment.
On September 21, 2012, Milton was inju... More...
   $0 (02-15-2018 - TX)

Charles Borkert, Penelope Sturm-Borkert and Alamo Turf Farms, Inc. v. Wieslawa Tworek Bexar County Courthouse - San Antonio, Texas

In this breach of contract suit, the jury found that Appellants Charles Borkert, Penelope Sturm-Borkert, and Alamo Turf Farms, Inc. (the Borkerts) breached the Agreement with Appellee Wieslawa Tworek. The jury awarded Tworek damages for breach of the Agreement, damages for promissory estoppel, and attorney’s fees. The trial court rendered judgment on the verdict and the Borkerts appeal. Because th... More...   $0 (02-15-2018 - TX)

Kye and Denise Knox and Raymond and Jacqueline Muckleroy v. Eagle Water Management, Inc. Harris County Courthouse - Houston, Texas

After wastewater pumps in their neighborhood failed during a heavy rainfall, four homeowners sued the pumping facility operator, alleging that the operator’s negligence caused wastewater to flood their homes. The trial court granted summary
2
judgment. The homeowners appeal, contending that they adduced evidence that raises a fact issue as to each element of their negligence claim. Because... More...
   $0 (02-15-2018 - TX)

Adaline Rose Werthwein v. Craig Edward Workman Harris County Courthouse - Houston, Texas

This is a dispute over the name change of a minor. The minor’s mother, Adaline Werthwein, contends that the trial court abused its discretion by granting the request of the father, Craig Workman, to change the last name of their two-year-old son (pseudonymously referred to as “Michael”) from Werthwein to
2
Workman without legally or factually sufficient evidence that the name change was in... More...
   $0 (02-15-2018 - TX)

Bradley McDaniel v. BP America Inc., BP PLC, BP Amoco Exploration (In Amenas) Limited Harris County Courthouse - Houston, Texas

Bradley McDaniel appeals from the trial court’s order granting BP Amoco Exploration (In Amenas) Limited’s special appearance. We conclude that the trial court lacked personal jurisdiction over this defendant and therefore affirm.
2
BACKGROUND
McDaniel’s suit arises out of a terrorist attack abroad. In 2013, terrorists seized an Algerian gas plant jointly operated under a contract betwe... More...
   $0 (02-15-2018 - TX)

State of Oklahoma v. Samantha Ann Perales Delaware County Courthouse - Jay, Oklahoma

Jay, OK - Jury Convicts Defendant And Recommends Life In Prison

The State of Oklahoma charged Samantha Ann Perales, age 12, with manslaughter, possession of a control dangerous drug and possession of drug paraphernalia for causing an auto accident while intoxicated with meth that killed a Bartlesville, Oklahoma mother of two.

The State claimed that Perales was high on meth on Ap... More...
   $0 (02-15-2018 - OK)

Maranda Lynn O'Donnell v. Harris County, Texas, et al. Southern District of Texas Courthouse - Houston, Texas

Maranda ODonnell and other plaintiffs (collectively, “ODonnell”) brought a class action suit against Harris County, Texas, and a number of its officials—including County Judges,1 Hearing Officers, and the Sheriff (collectively, the “County”)—under 42 U.S.C. § 1983. ODonnell alleged the County’s system of setting bail for indigent misdemeanor arrestees violated Texas statutory and constitutional la... More...   $0 (02-15-2018 - TX)

United States of America v. Bret Broussard Western District of Louisiana Federal Courthouse - Lafayette, Louisiana

Bret Broussard pled guilty to violating 18 U.S.C. § 242, which is the offense of depriving another of his rights while acting under color of law. Broussard, while serving as a lieutenant in a Louisiana Sheriff’s Office, had failed to intervene while a prisoner in a parish jail was beaten by other officers. On appeal, Broussard argues that his guilty plea was invalid and that his sentence was proce... More...   $0 (02-15-2018 - LA)

United States of America v. Robert Warren Scully Western District of Texas Federal Courthouse - San Antonio, Texas

Appellant Robert Warren Scully was convicted of conspiracy to defraud the United States, conspiracy to commit wire fraud, and aiding and abetting a wire fraud scheme. 18 U.S.C. §§ 371, 1343, 1349. The district court later granted the Government’s motion to restrain Scully’s assets to preserve them for restitution and forfeiture. Scully was then sentenced and ordered to pay $1,206,539.94 in restitu... More...   $0 (02-15-2018 - TX)

Jon R. Deutsch v. Annis Enterprises, Inc. Western District of Texas Federal Courthouse - Austin, Texas

This is a companion case to Deutsch v. Travis County Shoe Hospital, Inc., No. 16-51431, 2018 U.S. App. LEXIS 2647 (5th Cir. Feb. 2, 2018) (per curiam) (unpublished). Here, as there, Jon Deutsch appeals the dismissal, for want of Article III standing, of his claims under the Americans with Disabilities Act (“ADA”). And here, as there, Deutsch appeals (1) the contempt order of the magistrate judge (... More...   $0 (02-15-2018 - TX)

Cathryn Stout v. Staff Sergeant Brad Vincent Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

We decide whether the district court erred when granting summary judgment in favor of a police officer on the racial profiling claims of a black couple. The district court found that the couple failed to raise any genuine issue
of material fact showing that the officer violated their equal protection rights
under the Fourteenth Amendment. We affirm.
Facts and Proceedings
Cathryn Sc... More...
   $0 (02-15-2018 - MS)

United States of America v. Steven Metro District of New Jersey Federal Courthouses

Steven Metro appeals from the 46-month sentence of imprisonment imposed by the District Court as a consequence of his guilty plea to one count of conspiracy to violate federal securities laws and one count of insider trading. He contends that the Court wrongly attributed to him illicit financial gains
3
actually attributable to someone with whom he was not acting in concert and to whom he ... More...
   $0 (02-14-2018 - NJ)

United States of America v. Todd Rasberry

Todd Rasberry found himself in a
jam: during a pat-down incident to a Terry stop, see Terry v. Ohio,
392 U.S. 1, 19-20 (1968), an agent of the Drug Enforcement
Administration (DEA) discovered a softball-sized object stashed in
Rasberry's undershorts. Believing that the object contained
drugs, the agent arrested Rasberry on the spot. A subsequent
search of Rasberry's person ... More...
   $0 (02-14-2018 - ME)

United States of America v. Leaford George Cameron Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Philadelphia, PA - Jury Convicts Attorney-Imposter Who Operated Fraudulent Nationwide Law Practice

A federal jury on February 14, 2018 returned guilty verdicts on all counts against Leaford George Cameron, 65, of Burlington, New Jersey, in connection with his operation of a fraudulent nationwide law practice. Cameron was convicted of one count of mail fraud, two counts of wire fraud, and ... More...
   $0 (02-14-2018 - PA)

Judy Mae Greer v. David Lynn Vandevender and Donna Lee Vandevender Supreme Court of Appeals of West Virginia - Charleston, West Virginia

Petitioners Judy Mae Greer, William Charles Vandevender, Judith Kay Newbrough, Daniel T. Vandevender, Dallas E. Vandevender, Jo Ann Rae Giraldi, and Douglas P. Vandevender, by counsel John J. Wallace, IV, appeal the order of the Circuit Court of Pocahontas County that dismissed their claims of tortious interference, undue influence, fraud, and civil conspiracy. Respondents David Lynn and Donna Van... More...   $0 (02-14-2018 - WV)

United States of America v. Mahmoud Rahim, M.D. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Detroit, MI - Detroit Doctor Sentenced to Six Years in Prison for Role in $10.4 Million Health Care Fraud Scheme

A Detroit, Michigan-area doctor was sentenced to 72 months in prison today for his role in a $10.4 million conspiracy to defraud the Medicare program.

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Matthew ... More...
   $0 (02-14-2018 - MI)

E.W. v. Rosemary Dolgos and WICOMICO County Sheriff's Department District of Maryland Federal Courthouse - Baltimore, Maryland

This matter involves a school resource officer’s decision to handcuff a calm, compliant elementary school student for fighting with another student three days prior. The child brought a claim under 42 U.S.C. § 1983 for excessive use of force in violation of the Fourth Amendment and several state law claims. On a motion for summary judgment, the district court concluded that the officer’s conduct d... More...   $0 (02-14-2018 - MD)

United States of America v. Ronald Miltier Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

A federal jury convicted Ronald Miltier of seven counts of receipt of child
pornography in violation of 18 U.S.C. § 2252A(a)(2)(A) and one count of possession of
child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). On appeal, Miltier argues
that the district court erred in denying his motion for judgment of acquittal based on
insufficient evidence that he knowingly receive... More...
   $0 (02-14-2018 - VA)

Carol Sue Campbell; Chris Rene Wilson, et al. v. Boston Scientific Corporation Southern District of West Virginia Federal Courthouse - Charleston, West Virginia

This case involves a consolidated trial of four products liability cases that are each part of a multidistrict litigation encompassing over twenty-five thousand total cases. The jury returned verdicts for the plaintiffs, awarding over $4 million to each. Defendant Boston Scientific Corporation asserts that the consolidation itself rendered the trial unfair, disputes two evidentiary rulings, claims... More...   $0 (02-14-2018 - WV)

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