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Civil Procedure Law
 
The People of the State of California v. Juan Manuel Tello

Modesto, CA - Defendant Found Not Guilty at End of Second Trial for Murder

The States of California charged Juan Manuel Tello with first-degree murder for killing Robert Ruvalcaba, age 38, who was found dead in an alley in west Modesto in 2011. The State claimed that Tello killed Ruvalcaba for asking to be paid an outstanding debt for drugs.

California Penal Code Title 8
More...
   $0 (09-17-2016 - CA)

United States of America v. Enrique Chavarria

Albuquerque, NM - Prior Felon from Roswell Pleads Guilty to Unlawful Possession of a Firearm

Enrique Chavarria, 33, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by unlawfully possessing a firearm and ammunition. The guilty plea was entered without the benefit of a plea agreement.

Chavarria was arrested on July 2... More...
   $0 (09-16-2016 - NM)

State of Minnesota vs. Marlon Rashaad Robertson

Following a jury trial, appellant Marlon Rashaad Robertson was convicted of
several offenses, including first-degree premeditated murder for the shooting death of
Kevin Braziel, in violation of Minn. Stat. § 609.185(a)(1) (2014). On direct appeal,
Robertson presents a number of claims. First, he claims the State presented insufficient
evidence to sustain his convictions. Sec... More...
   $0 (09-16-2016 - )

STATE OF IOWA vs. MICHAEL ANTHONY

In August 2014, Anthony and the complaining witness began exchanging
argumentative messages on a social networking website. Events escalated
when Anthony began posting threatening language directed at the complaining
witness. On August 5, Anthony went to the complaining witness’s home. The
complaining witness and another witness both told officers that Anthony pulled a
... More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. SHAUN MICHAEL SAVALA

During the summer of 2015, Savala began staying at his mother’s home.
His mother allowed him to stay at her home on the condition that Savala refrain
from using methamphetamine. During one of his stays, Savala began
withdrawing from the effects of methamphetamine and began displaying volatile
and aggressive behavior. This led Savala’s mother to lock the door after him one More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. DAMARIO JOHNSON

The Burlington Police Department used a confidential informant to conduct
a series of controlled drug buys from Johnson. The first buy took place on
May 21, 2015, and three more buys were conducted, with the last taking place
on July 17, 2015. In each transaction the controlled substance was cocaine.
After the last transaction, the officers obtained a search warrant to sear... More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. LUCAS KYLE DANIELS

Lucas Daniels appeals following his guilty plea to domestic abuse assault,
second offense, an aggravated misdemeanor, in violation of Iowa Code section
708.2A(3)(b) (2015). He claims the sentencing court violated his right to
allocution.
Daniels filed a written guilty plea in which he asked the court to waive the
guilty plea procedures that required the district court ... More...
   $0 (09-16-2016 - IA)

Consumer Product Safety Commission v. Goodman Company, L.P.

Houston, TX - Goodman Co. Agrees to Pay $5.55 Million for Delay and Misrepresentation in Reporting Fire Hazard Involving Air Conditioners/Heaters

The U.S. Consumer Product Safety Commission (CPSC) announced that Goodman Company, L.P., of Houston, Texas, has agreed to pay a $5.55 million civil penalty and has agreed to other terms of a consent decree (which is subject to judicial approval... More...
   $0 (09-16-2016 - TX)

STATE OF IOWA vs. CHARLES FREDERICK FEURING

Feuring, who is seventy-four years old, had been acquainted with YY1
since she was a young child. When YY was approximately fourteen years old,
Feuring began making comments that made her uncomfortable. YY testified, “He
would tell me how I appealed to him, tell me how beautiful I was. He would ask
me if I had a boyfriend. He would tell me that he would always take care of ... More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. SHANTEL C. TEMPLE

In May 2012, Temple pleaded guilty to criminal mischief in the third degree
and proceeded to immediate sentencing. The district court granted Temple’s
request for a deferred judgment and placed Temple on probation for two years.
Temple’s probation agreement required her to, among other things, “obey all
Federal, State and Local laws” and to have a valid driver’s license and l... More...
   $0 (09-16-2016 - IA)

Geneva Reed-Veal v. Brian Encinia, Texas Department of Public Safety, Waller County, et al.

Houston, TX - Sandra Bland's Family Settles Civil Rights - Wrongful Death Claim for $1.9 Million

Geneva Reed-Veal sued Waller County, Texas and others on civil rights violation theories undeer 42 U.S.C. 1983 claiming that she was damaged as a direct result of the unconstitutional and illegal actions taken by the variou defendants including, Brian Encinia, , Ela Magnus, Oscar Prudente, Cyn... More...
   $0 (09-16-2016 - TX)

United States of America v. Justin Love

Newark, NJ - New Jersey U.S. Attorney’s Office And Department Of Justice Seek Forfeiture Of Six Dogs Seized In Connection With Interstate Dog Fighting Venture

The United States filed a civil forfeiture complaint seeking the possession of six pit bull-type dogs which were allegedly involved in an interstate dog fighting venture in violation of the federal Animal Welfare Act, U.S. Attorney ... More...
   $0 (09-15-2016 - NJ)

United States of America v. Darnell Mayne Menard

Houston, TX - Houston Man Heads to Prison for Credit Card Fraud

A 29-year-old Houston resident was ordered to federal prison following his convictions of conspiring to commit credit card fraud and aggravated identity theft. Darnell Wayne Menard pleaded guilty as charged.

U.S. District Judge Nancy Atlas sentenced Menard to 57 months for the conspiracy as well as a mandatory and co... More...
   $0 (09-15-2016 - TX)

STATE OF IOWA vs. JENNIFER MARY BEADER

Jennifer Beader appeals revocation of her deferred judgment and
imposition of judgment and sentence on her conviction for theft in the third
degree. She claims her admissions that she violated probation by failing to pay
restitution and being out of contact with her probation officer violated her due
process rights because the admissions should have been subject to the same More...
   $0 (09-15-2016 - IA)

STATE OF IOWA vs. DEANDREW D. HARRIS

“Viewing the trial evidence in the light most favorable to the jury’s guilty
verdicts,” State v. Romer, 832 N.W.2d 169, 172-73 (Iowa 2013), the jury could
have found the following facts: In the late hours of August 19, 2012, Namho Kye
reported to law enforcement that five black males had just robbed him and his
four friends at his apartment. Kye told the responding police offi... More...
   $0 (09-15-2016 - IA)

STATE OF IOWA vs. KHASIF RASHEED WHITE

White entered an Alford plea to three counts of second-degree robbery, in
violation of Iowa Code sections 711.1 and 711.3 (2009). In conjunction with a
plea agreement, White was sentenced to ten years on each count to be served
concurrently. White’s sentence also included a seven-year mandatory minimum.
At the time the crimes occurred, White was seventeen years old.
F... More...
   $0 (09-15-2016 - IA)

STATE OF IOWA vs. PAUL JOSEPH BORUCH

Briefly, the salient facts are that Boruch and the victim were employees of
a traveling carnival. They shared a semitrailer for storage, and their sleeping
quarters—called “possum” or “pot” bellies—were on opposite sides of the same
trailer. On an evening after working at the Dallas County fairgrounds, they ended
up at a bar, drinking several alcoholic beverages and playing p... More...
   $0 (09-15-2016 - IA)

State of Missouri vs. Sheena Marr

On August 20, 2014, between 8:00 and 10:00 p.m., Higginsville Police Officer Danny
Logan (a K9 unit narcotics officer) received a dispatch indicating that there was a stranded motorist
on Highway 13, just south of I-70. When Officer Logan located the vehicle, he activated his
emergency lights for safety reasons, ran the vehicle’s Kansas license plate, and then approached
the v... More...
   $0 (09-15-2016 - MO)

Jefferson City Apothecary, LLC d/b/a Jefferson City Apothecary and Uldis Pironis, R.Ph. vs. Missouri Board of Pharmacy

Jefferson City Apothecary, LLC (“Apothecary”) and Mr. Uldis Pironis (“Pironis”) appeal
the judgments of the Circuit Court of Cole County (“circuit court”) affirming the joint decisions
of the Administrative Hearing Commission (“AHC”) and the Missouri Board of Pharmacy
(“Board”), which decisions found cause to discipline and imposed discipline on the Apothecary’s
pharmacy permit... More...
   $0 (09-15-2016 - MO)

Missouri Electric Cooperatives, D/B/A Association of Missouri Electric Cooperatives, et al vs. Missouri Secretary of State Jason Kander and Returning Government To The People and Todd S. Jones

On December 2, 2014, Todd Jones ("Mr. Jones") submitted to Secretary of State
Jason Kander ("Secretary of State") an initiative petition sample sheet proposing to amend
article VIII of the Missouri Constitution by adding section 23 ("Proposed Measure"). Mr.
Jones is the Deputy Treasurer of Returning Government to the People, a campaign
committee organized under the laws of the... More...
   $0 (09-15-2016 - MO)

Terry T. Watson v. State of Missouri

Terry Watson (Movant) appeals the judgment of the motion court denying his motion for post-conviction relief under Missouri Rule of Criminal Procedure 29.15 without an evidentiary hearing, as well as the motion court’s denial of his motion to amend the judgment. ... More...   $0 (09-14-2016 - MO)

Timothy Steven Blackard v. The State of Texas

Following his arrest for the charged offense, Blackard completed a “form for court
appointed attorney,” in which he indicated that he was unemployed and received no income
See Tex. Penal Code § 71.02.1
from public assistance. Subsequently, the district court ordered that Blackard be appointed counsel,
finding that Blackard did not have “sufficient net assets to use in hiring a l... More...
   $0 (09-14-2016 - TX)

John Charles Terry v. The State of Texas

Appellant John Charles Terry was convicted of driving while intoxicated and
sentenced to ten days in jail. His counsel filed a notice of appeal but did not timely file a brief. This
Court abated the appeal and remanded to the trial court for a hearing to determine why counsel had
not filed a brief. Tex. R. App. P. 38.8(b)(2), (3).
At the hearing, counsel introduced three documen... More...
   $0 (09-14-2016 - TX)

Walter Lee Scott, Jr. v. The State of Texas

Walter Lee Scott, Jr., was charged with assaulting Kassandra Holt, who was a
member of Scott’s family or household, “by intentionally, knowingly, or recklessly impeding the
normal breathing or circulation of . . . Holt by applying pressure to [her] throat or neck.” See Tex.
Penal Code § 22.01(a) (setting out elements of offense of assault), (b)(2)(B) (elevating offense level
from ... More...
   $0 (09-14-2016 - TX)

James Robert Montoya, Jr. v. The State of Texas

M.A., the victim in this case, was returning to her home in New Braunfels after
leaving her job at Taco Bell at approximately 1:15 a.m. The victim was traveling south on Interstate
Highway 35 when her car ran out of gas and stalled just north of San Marcos near the Blanco River
turnaround. After trying to call family and friends for help, M.A. decided to walk to the nearest
gas s... More...
   $0 (09-14-2016 - TX)

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