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Michael Montanez v. Jorge Carvajal, Todd Raible, et al. Middle District of Florida Federal Courthouse - Tampa, Florida

Police officers interrupt what they reasonably believe to be a residential burglary and detain two suspects just outside the house. Having done so, can the
* Honorable Eugene E. Siler, Jr., United States Circuit Judge for the Sixth Circuit, sitting by designation.
Case: 16-17639 Date Filed: 05/09/2018 Page: 1 of 19
2
officers thereafter lawfully enter the home—without a warrant, an... More...
   $0 (05-10-2018 - FL)

Jared Michael Nash v. The State of Texas

At the beginning of the guilt/innocence phase of a bench trial, defense counsel asked the
trial court to carry his motion to suppress with the trial. After granting the request, the trial court
then heard evidence from the two complainants, the complainants’ neighbor, and four San Antonio
Police Department law enforcement officers.
On the date of the alleged offense, the two ... More...
   $0 (05-10-2018 - TX)

Lenworth Bailey v. Rocky Mountain Holdings, LLC, Air Methods Corporation United States District Court for the Southern District of Florida - Miami, Florida

The Airline Deregulation Act (“ADA”) provides that “a State, political
subdivision of a State, or political authority of at least 2 States may not enact or
enforce a law, regulation, or other provision having the force and effect of law
related to a price, route, or service of an air carrier.” 49 U.S.C. § 41713(b)(1).
This language expresses a broad preemptive intent that encompass... More...
   $0 (05-09-2018 - FL)

Bruce K. Pond v. State of Indiana

The facts, as stated in Pond’s direct appeal, follow:
On July 22, 2011, Pond was drinking beer with his son Blake and a family friend on the back porch of his mother’s house in Ossian, Indiana. Pond became annoyed with a light shining from the pier of a neighboring pond. Matt Michuda (Michuda) along with his four year old son Jacob and two friends were fishing off the pier. Pond went insid... More...
   $0 (05-09-2018 - IN)

Jerold W. Leatherman v. State of Indiana

On February 27, 2017, Sergeant Justin Dodd (“Sgt. Dodd”) of the Bedford
Police Department and Detective Chris Roberts (“Det. Roberts”) of the
Lawrence County Sheriff’s Department were investigating a tip regarding
possible drug dealing and prostitution near Frank Street in Mitchell, Indiana.
While patrolling the area in an unmarked vehicle, the two officers saw
... More...
   $0 (05-09-2018 - IN)

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)

Armard Reeves v. State of Tennessee

In June 2010, the Petitioner was involved in a multi-State, undercover drug operation during which he paid undercover law enforcement agents over $25,000 to transport marijuana from Arizona to Tennessee. State v. Armard Reeves, No. W201202656-CCA-R3-CD, 2014 WL 1593153, at *1, 2-4 (Tenn. Crim. App. Apr. 17, 2014), perm. app. denied (Tenn. Sept. 19, 2014). After the marijuana was loaded in a renta... More...   $0 (05-09-2018 - TN)

State of Tennessee v. Patrick Jayson Reeners Tennessee Court of Criminal Appeals

On April 21, 2016, the Defendant pleaded guilty to disorderly conduct, a Class C misdemeanor, public intoxication, a C misdemeanor, (Case 729-2015) and telephone harassment, a Class A misdemeanor (Case 806-2015). The trial court reviewed the offenses for which the Defendant was entering guilty pleas and the agreed-upon sentences. The Defendant confirmed his understanding of the plea agreement. ... More...   $0 (05-09-2018 - TN)

United States of America v. Cameron James Lensmeyer and Evan Paul Sage Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa

Two Men Plead Guilty to Possessing “Dark Web” Counterfeit Carfentanil Pills Intended for Distribution
Pills Disguised as Oxycodone Actually Contained Elephant Tranquilizer

Two man who sold counterfeit carfentanil pills have pled guilty in federal court in Cedar Rapids.

Cameron James Lensmeyer, age 20, from Waverly, Iowa, was convicted of possession with intent to distribute c... More...
   $0 (05-07-2018 - IA)

Juan Bautista Berenguer v. Anoka County, City of Bloomington, et al. District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Juan Bautista Berenguer sued various municipalities and their employees,
alleging violations of the Driver's Privacy Protection Act ("DPPA"), 18 U.S.C. §§
2721–25. After the issuance of our opinions in McDonough v. Anoka County, 799
F.3d 931 (2015), and Tichich v. City of Bloomington, 835 F.3d 856 (2016),
Berenguer conceded that only his claims against the City of Bloomington and t... More...
   $0 (05-07-2018 - MN)

STATE OF KANSAS v. KILEY ANN GUENTHER

Kiley Ann Guenther appeals from a judgment of the trial court revoking her probation in two cases—Wyandotte County case Nos. 14 CR 0535 and 14 CR 1157. She argues that her conduct on probation merited imposition of intermediate sanctions instead of imposition of her underlying sentences. We acknowledge that a trial court is statutorily required to consider the use of a lesser sanction before revok... More...   $0 (05-07-2018 - KS)

STATE OF KANSAS v. TAYLOR ARNETT

After granting a petition for review in this case, the Kansas Supreme Court held that restitution may be ordered against a defendant in a criminal case if the loss to the victim was proximately caused by the crime of conviction. State v. Arnett, 307 Kan. 648, Syl. ¶ 7, 413 P.3d 787 (2018). The court reversed this panel's decision that the State failed to show a sufficient causal connection for res... More...   $0 (05-07-2018 - KS)

Juan Antonio Cornejo v. The State of Texas

This case concerns the reliability requirements for the hearsay exception for statements
against penal interest where a co-defendant implicates the defendant in capital murder. Santos
Gonzalez, a resident of Socorro, TX, came home in the early afternoon after spending time at the
Speaking Rock Casino. His neighbor, who was out in her front yard, told him she had heard
gunshot... More...
   $0 (05-07-2018 - TX)

Deion Reed v. The State of Texas

On the night of May 15, 2012, the Longview Police Department (LPD) received reports
that shots had just been fired in the Signal Hill apartment complex parking lot. LPD officers
Dennis Phillips and Benny Cooks were dispatched to Signal Hill with instructions to be on the
lookout for an orange Mitsubishi Eclipse, which they soon spotted. While witnesses urged Phillips
to quick... More...
   $0 (05-07-2018 - TX)

Michael Alan Sands v. The State of Texas

In March 2011, then six-year-old Anna made an outcry of sexual abuse against Michael
Alan Sands, her mother’s ex-boyfriend.1 As a result of Anna’s allegations, a Hunt County jury
found Sands guilty of one count of aggravated sexual assault of a child2 and one count of indecency
with a child by contact.3 After finding that he had previously been convicted of a felony offense,
... More...
   $0 (05-07-2018 - TX)

Christopher Roberts, et al. v. Federal Housing Finance Agency, et al. Northern District of Illinois Courthouse - Chicago, Illinois

At the height of the 2008 financial crisis,
Congress created the Federal Housing Finance Agency
(the Agency) and authorized it to place into conservatorship
two critical government‐sponsored enterprises—the Federal
National Mortgage Association and the Federal Home Loan
Mortgage Corporation, commonly known as Fannie Mae and
2 No. 17‐1880
Freddie Mac. 12 U.S.... More...
   $0 (05-07-2018 - IL)

Nielsen Contracting, Inc. v. Applied Underwriters, Inc.


Nielsen Contracting, Inc. and T&M Framing, Inc. (collectively Nielsen) sued
several entities (defendants) alleging these entities fraudulently provided workers'
compensation policies to Nielsen that were illegal and contained unconscionable terms.
Defendants moved to compel arbitration and stay the litigation under an arbitration
2
provision in one defendant's contract, t... More...
   $0 (05-07-2018 - CA)

Willie Guillermo Torres v. The State of Texas

The jury heard evidence that Manfred Thompson lived in the same house on North
Oxford street in San Angelo, Texas for over 35 years. He was retired and lived there with his wife
and dog. Thompson testified that on the morning of February 25, 2015, after his wife left for work,
he left his home at around 10:00 and returned approximately two hours later around lunchtime. He
explai... More...
   $0 (05-06-2018 - TX)

Herbert Hoover Pratt III v. The State of Texas

Appellant Herbert Hoover Pratt III was arrested pursuant to a warrant after
he answered the front door of his house in response to the police’s knock. Police
discovered cocaine in his pocket during the post-arrest frisk for weapons and
contraband. Pratt was charged with and convicted of possession of a controlled
1See Tex. R. A... More...
   $0 (05-06-2018 - TX)

STATE OF OREGON v. KEONI HAROLD WARREN

Defendant appeals a judgment convicting him of attempted promoting prostitution (Counts 1 and 10), fourth-degree assault (Counts 2 and 8), harassment (Counts 3 and 9), second-degree assault (Count 4), unlawful use of a weapon (Count 12), coercion (Count 6), menacing (Count 13), attempted compelling prostitution (Count 11), and felon in possession of a firearm (Count 14). Defendant assigns error to... More...   $0 (05-06-2018 - )

State of Ohio v. Aaron Dean

The victim in this case, referred to as “I.M.R.,” offered the following
testimony at trial. I.M.R. is a married, mother of three. Between 8:30 and 9:00 p.m. on
April 20, 2016, I.M.R. was walking on Lagrange Street in downtown Toledo, near the
Gold Star liquor store, talking on her cell phone with a friend. A person, whom she
identified in court as Dean, approached her from b... More...
   $0 (05-06-2018 - OH)

Marshall Garber v. Heriberto Menendez, M.D. Northern District of Ohio Courthouse - Cleveland, Ohio

Minors injured by medical malpractice in Ohio have one year to sue their doctors after they turn eighteen. When Marshall Garber sued Dr. Heriberto
>
No. 17-3992 Garber v. Menendez Page 2
Menendez for malpractice in May 2017, one year had come and gone. But Ohio tolls the statute of limitations if the defendant leaves the State. The clock stopped when Dr. Menendez left Ohio for Florida ... More...
   $0 (05-06-2018 - OH)

James Davis v. County of Fresno

James Davis was dismissed from his employment as a supervising
juvenile correctional officer based on findings of insubordination, discourteous treatment
of a subordinate, wrongfully assuming supervisorial duties over his wife despite several
admonitions to the contrary, exaggerating the hours he worked on multiple time cards,
and other misconduct. Davis’s administrative appeal of ... More...
   $0 (05-06-2018 - CA)

UNITED STATES OF AMERICA v. JESSE C. LITVAK Ware restaurant owner accused of torching Rhode Island restaurant will testify on his own behalf

This case has a lengthy procedural history. In January 2013, the
15 government filed an indictment charging appellant with eleven counts of
16 securities fraud in violation of 15 U.S.C. §§ 78j(b), 78ff (Counts 1-11), one count of
17 fraud against the Troubled Asset Relief Program (“TARP”) in violation of 18
4
1 U.S.C. § 1031 (Count 12), and four counts of making false stateme... More...
   $0 (05-05-2018 - )

State of Vermont v. William Schenk

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cou... More...
   $0 (05-05-2018 - VT)

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