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Civil Procedure Law
 
State of Nebraska v. Steven R. Braesch

Braesch’s mother, Virginia Braesch (Virginia), testified that Braesch moved away from home in the 1990’s but moved back into his parents’ home in Gretna, Nebraska, about a year or two before the murder. He was staying in the basement. About 6 weeks before the murder, Braesch had told Virginia that he had AIDS. She said that “off and on,” he would lie in bed sick, “like depression or something,” bu... More...   $0 (03-05-2016 - NE)

LAKE HENDRICKS IMPROVEMENT ASSOC. v. BROOKINGS CTY. PLANNING & ZONING COMM’N

Developers desire to build a dairy on Owner’s property in Brookings
County. Developers have an agreement to purchase Owner’s property contingent on
approval of the dairy by government authorities. Developers obtained a conditional
use permit for the dairy from Brookings County. City then filed a petition for a writ
of certiorari in circuit court challenging the permit. The ... More...
   $0 (03-05-2016 - SD)

State of Illinois v. Lawrence Adamczyk

Rockford, IL - The State of Illinois charged Lawrence Adamczyk, age 52, with being a sexually dangerous person. Defendant had a history of psychiatric hospitalization and arrests for fondling young men at malls and a St. Charles health club.

Defendant represented himself and testified on his own behalf.

The Law:


(725 ILCS 205/Art. 105 heading)
ARTICLE 105. ... More...
   $0 (03-04-2016 - IL)

Synecology Partners L3C v. Business RunTime, Inc., et al.

In 2008, SynEcology’s founders, Edward Grossman and Jeanne Conde, sold the
company’s assets to Lawrence Kenney. Grossman and Conde subsequently started a new
software company, Business RunTime. In August 2011, SynEcology filed a civil complaint in
Chittenden Superior Court against Business RunTime, Edward Grossman, Jeanne Conde, and
two former SynEcology employees, Thomas Re... More...
   $0 (03-04-2016 - VT)

THE PEOPLE OF THE STATE OF NEW YORK v. SLOMAN J. KNOX JR

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered October 30, 2014, upon a verdict convicting defendant of the crimes of attempted robbery in the first degree and attempted robbery in the second degree.
Defendant was indicted and charged – as an accomplice – with attempted robbery in the first degree and attempted robbery in the second degree. The charges ste... More...
   $0 (03-04-2016 - NY)

STATE OF NEW JERSEY v. FRANK CRUZ-VASQUEZ

We derive the following facts from the record. During a
narcotics investigation involving numerous individuals, the
Camden City police obtained nine wiretap recordings of
defendant's telephone conversations with Jessie Morales, wherein
defendant and Morales discussed the quantity and price of
marijuana defendant would supply to Morales. Defendant was
charged in an a... More...
   $0 (03-04-2016 - NJ)

Bruce Shade v. State of Florida

After he was convicted of burglary of a dwelling and theft, Bruce Shade took an appeal. While the appeal was pending, he moved to correct a sentencing error, pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). He argued that a remand is required for the trial court to strike a special condition of probation which was included in the order of probation although not orally pronounced. <... More...   $0 (03-04-2016 - FL)

Kevin Osorio v. State of Florida*

First, Osorio claims that the trial court erred by ruling that testimony regarding conversations between Osorio and the State’s confidential informant, and among detectives and the informant, was inadmissible hearsay evidence. He argues that because the informant acted as an agent of the State, the informant’s statements were admissible as statements of a party-opponent under section 90.803(18)(d... More...   $0 (03-04-2016 - FL)

Caterpillar Logistics Services, Inc. vs. Rudolf Amaya

Caterpillar Logistics Services, Inc., appeals a final judgment entered in favor
of Rudolf Amaya following a jury’s verdict awarding Amaya back pay and front
pay on his claim that Caterpillar unlawfully retaliated against him for filing a
workers’ compensation claim in violation of section 440.205, Florida Statutes
(2008) (“retaliation claim”). Because the record demonstrates t... More...
   $0 (03-04-2016 - FL)

Simon Silva vs. The State of Florida

Simon Silva appeals his conviction for second-degree murder and attempted
second-degree murder. The dispositive issue before us is whether the trial judge’s
familiarity with the defendant from prior hearings in the case excused his admitted
failure to conduct an adequate Faretta hearing before permitting the defendant to
represent himself at trial. See Faretta v. California, ... More...
   $0 (03-04-2016 - FL)

Helen Ford v. Hudson County, Oscar Aviles and David Kruszins

Newark, NJ - Former Hudson County Jail Employee Awarded $39,339 In Damages

Helen Ford sued Hudson County, Oscar Aviles and David Kruszins on civil rights violation theories claiming that she was retaliated against and fired after she spoke out about "inappropriate" actions and relationships between a top jail offices and his subordinates. She claimed that her First Amendment rights to fre... More...
   $39999 (03-04-2016 - NJ)

United States of America v. Warren Chewiwi

Albuquerque, NM - Isleta Pueblo Man Sentenced to Prison for Domestic Assault by a Habitual Offender Conviction

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

Warren Chewiwi, 42, a member of Isleta Pueblo who resides in Bosque Farms, N.M., was sentenced today in federal court in Albuquerque, N.M., to 23 months ... More...
   $0 (03-03-2016 - TX)

State of Maine v. Joshua R. Nisbet

On July 18, 2011, the State charged Nisbet by criminal complaint with
robbery (Class A), see 17-A M.R.S. § 651(1)(E), alleging that he committed the
crime at a convenience store in South Portland while brandishing a knife. Nisbet
was arrested two days later. After he was indicted in September 2011, the case
proceeded to a four-day jury trial in late April and early May 2014, ... More...
   $0 (03-03-2016 - ME)

State of Tennessee v. Joshua Sammy Steadman

On July 17, 2012, the Defendant was indicted for two counts of theft over $10,000, a Class C felony, and one count of theft over $1,000, a Class D felony. On October 5, 2012, the Defendant entered guilty pleas to all three theft counts charged in the indictment. As a Range II, multiple offender, he received an effective sentence of six years in the community corrections program and was ordered t... More...   $0 (03-03-2016 - TN)

State of Louisiana v. Laketcia D. Burrell

On January 13, 2008, LaKetcia Burrell attempted to issue a bad check
at Walmart (“the Walmart offense”). Two weeks later, on January 28, 2008,
Burrell allegedly committed credit card fraud at the Regions Bank,
HealthPlex Drive branch, Shreveport, Louisiana (“the Regions offense”).
These two offenses are in no way connected to each other.
On March 14, 2008, a bill of informati... More...
   $0 (03-03-2016 - LA)

Darren Williams VS David Wade Correctional Center

In 2007, petitioner was arrested on a charge of simple burglary. He was
convicted ofthat offense and sentenced to eight years at hard labor. On April 26,
2011, petitioner was released on good time parole, with 1544 days remaining on
his full-term sentence. On May 18, 2011, petitioner was arrested on a new charge
of theft and was booked into the Orleans Parish Prison under the name... More...
   $0 (03-03-2016 - LA)

Crosstex Energy Services, LP, Crosstex LIG, LLC and Crosstex Processing Services, LLC VS Texas Brine Company, LLC, et al

In August 2012, a sinkhole was discovered in Bayou Come in Assumption
Parish. In the area near the sinkhole the EnLink plaintiffs operated a facility for
cavern storage ofliquefied petroleum gas and had a 36" gas transmission pipeline.
In April 2013, the EnLink plaintiffs filed suit against Texas Brine and its liability
insurers, Zurich American Insurance Company, American Guarant... More...
   $0 (03-03-2016 - LA)

PHILLIP FLOYD V. STATE OF ARKANSAS

Appellant Phillip Floyd appeals the order of the Carroll County Circuit Court
disqualifying his lawyer, Gerald Kent Crow. The only issue on appeal is whether Crow
was disqualified from representation under Rule 1.12 of the Arkansas Rules of Professional
Conduct by his previous participation in the case as the judge who signed the affidavit of
probable cause for Floyd’s arrest ... More...
   $0 (03-03-2016 - AR)

Ron Christopher Johnson v. The State of Texas

Several officers went to a hotel to investigate an anonymous tip of narcotics activity. When they arrived, the officers were directed by staff at the front desk to the third floor. The officers rode the elevator up to that floor, and when they exited the elevator, there was a strong scent of marijuana in the hallway. The officers followed the scent to a room and knocked on the door.
A woman ... More...
   $0 (03-03-2016 - TX)

David Jason Garcia v. The State of Texas

Appellant, David Jason Garcia, attempts to appeal his conviction for sexual
assault. We dismiss the appeal for want of jurisdiction.
This Court's appellate jurisdiction in a criminal case is invoked by a timely filed
notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent
a timely filed notice of appeal, a court of appeals does not have jurisdic... More...
   $0 (03-03-2016 - TX)

Alfred Lee Isassi v. The State of Texas

Appellant, Alfred Lee Isassi, by and through his attorney, has filed a motion to
dismiss his appeal because he no longer desires to prosecute it. See TEX. R. APP. P.
42.2(a). Without passing on the merits of the case, we grant the motion to dismiss
pursuant to Texas Rule of Appellate Procedure 42.2(a) and dismiss the appeal. ... More...
   $0 (03-03-2016 - TX)

Frank Serrata aka Francisco Serrata v. The State of Texas

Police Officer John Garcia was on patrol in Robstown during the graveyard shift.
Around 3:00 a.m., he stopped Serrata for going 70 mph in a 55 mph zone. Garcia testified
that he used a flashlight to examine Serrata’s hands for safety reasons. Garcia also
testified that when he asked Serrata for his proof of insurance, he noticed that Serrata
leaned forward and attempted to h... More...
   $0 (03-03-2016 - TX)

John Lopez v. The State Of Texas

On August 11, 2011, Lopez pleaded guilty to and was convicted of the underlying
DWI offense in trial court cause number 11-CR-1593-C, and he was placed on community
supervision. The following day, August 12, 2011, Lopez pleaded guilty to a separate
felony DWI charge in trial court cause number 11-CR-1390-C. In the latter cause, Lopez
was sentenced to five years’ imprisonment ... More...
   $0 (03-03-2016 - TX)

Joshua Luke McDonald v. The State of Texas

In a consolidated appeal that involves six separate convictions, Joshua Luke
McDonald appeals and complains the trial court’s stacking order should be
reversed. See Tex. Penal Code Ann. § 22.011 (West 2011). McDonald filed a brief
that consolidated his challenge to the trial court’s stacking order. In a single issue,
McDonald contends the trial court erred in stacking the fifte... More...
   $0 (03-03-2016 - TX)

David Charles Kirkland v. The State of Texas

Kirkland was arrested for fraudulent use of identifying information. On
September 26, 2013, Kirkland posted a $3,000 bond. On November 21, 2013,
Kirkland applied for a court-appointed attorney. According to Kirkland’s
application, he had no income and no assets at the time he filed the application.
The application includes the following two paragraphs:
I am able to pay AND... More...
   $0 (03-03-2016 - TX)

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