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Death Law
The People v. Ben Chandler, Jr.

Penal Code section 422, subdivision (a) prohibits ―willfully threaten[ing] to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement . . . is to be taken as a threat . . . which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person ... More...   $0 (08-28-2014 - CA)

Taylor Patterson v. Domino's Pizza, LLC

Franchising, especially in the fast-food industry, has become a ubiquitous, lucrative, and thriving business model. This contractual arrangement benefits both parties. The franchisor, which sells the right to use its trademark and comprehensive business plan, can expand its enterprise while avoiding the risk and cost of running its own stores. The other party, the franchisee, independently owns, r... More...   $0 (08-28-2014 - CA)

The People v. Leticia Garcia

Appellant Leticia Garcia was charged with sexually abusing a girl she babysat. At trial, the prosecutor attempted to show she is a lesbian. The prosecutor asserted during closing argument that her supposed attraction to other women gave her a motive to sexually abuse the victim. While disavowing the notion that all lesbians are child molesters, she nonetheless argued it was very telling that appel... More...   $0 (08-28-2014 - CA)

United States of America v. Jesus Carmona

In San Antonio, Texas, 37-year-old Jesus Carmona of San Antonio received 101 months in federal prison for his role in a drug distribution and firearms smuggling operation announced United States Attorney Robert Pitman, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Robert Elder, Houston Division, Homeland Security Investigations (HSI) Special Agent in Charge Jani... More...   $0 (08-28-2014 - TX)

William James Deparvine v. State of Florida

William James Deparvine appeals an order of the circuit court denying his initial postconviction motion to vacate his conviction of first-degree murder and
- 2 -
sentence of death filed under Florida Rule of Criminal Procedure 3.851. He also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V,
§ 3(b)(1), (9), Fla. Const. As explained below, we affirm the... More...
   $0 (08-28-2014 - FL)

Katherine A. Chmielewski v. City of St. Pete Beach, Florida

Chester J. and Katherine A. Chmielewski, the original parties in this case,1
appeal the trial court's order granting, with prejudice, the City of St. Pete Beach's motion
to dismiss their complaint for failure to state a cause of action. The Chmielewskis had
filed suit to secure the disclosure of public records. We have jurisdiction, see Fla. R.
App. P. 9.030(b)(1)(A), and reverse.<... More...
   $0 (08-27-2014 - FL)

Nora Friscia v. Thomas Friscia and Nicholas Friscia

Nora Friscia, as personal representative of the Estate of Vincent J. Friscia (the Decedent), seeks review of an order which determines that the Decedent's interest in his former marital home is entitled to the homestead exemption under article X,
- 2 -
section 4 of the Florida Constitution. At the time of his death, the Decedent was divorced from his first wife, Robin Friscia (the Former W... More...
   $0 (08-27-2014 - FL)

In re J.P., a Person Coming Under the Juvenile Court Law

J.P., a minor child, appeals an order denying her request for a hearing to suspend visitation with her father and/or terminate his reunification services under Welfare and Institutions Code section 388, subdivisions (a) and (c).1 Specifically, she contends the juvenile court erred when it ruled that (1) the statutory framework of the dependency system as well as principles of due process required ... More...   $0 (08-26-2014 - CA)

Scott R. James v. State of California

Title 18 United States Code section 922(g)(9)1 prohibits the possession of firearms by those convicted of a “misdemeanor crime of domestic violence.” Section 921(a)(33)(A)(ii) defines “misdemeanor crime of domestic violence,” in pertinent part, as an offense that “has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon .…” Penal Code s... More...   $0 (08-26-2014 - CA)

The People v. Stanley Bryant, Donald Franklin Smith and Leroy Wheeler

On August 28, 1988, Andre Armstrong, James Brown, Loretha Anderson, and Chemise English were shot and killed. Armstrong and Brown had run afoul of the Bryant Family gang and were shot at the entrance to a drug house. Ms. Anderson and her daughter Chemise, aged 28 months, were shot in a car parked at the curb. Anderson‘s son Carlos, aged 18 months, was also in the car. He was not shot and survive... More...   $0 (08-25-2014 - CA)

Robert L. Kroenlein v. Gray Bruce Kirchhefer

The Robert L. Kroenlein Trust owns and operates J&B Liquors, a business
in Torrington, Wyoming. In 2005, a salesman for one of J&B’s beer distributors,
Gary Kirchhefer, began stealing beer from J&B’s account and reselling the stolen
beer to other bars and liquor stores in Wyoming, including those owned by the
defendants. One of the owners of J&B discovered Kirchhefer’s theft ... More...
   $0 (08-25-2014 - WY)

Kristen Kocurek, M.D., and Texas MedClinic v. Anthony D. Colby

Appellants Kristen Kocurek, M.D., and Texas MedClinic appeal from the trial court’s
denial of their motion to dismiss appellee Anthony D. Colby’s1 suit for medical malpractice based
on Colby’s alleged failure to provide an adequate expert report as required by chapter 74 of the
Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code § 74.351. We will
reverse ... More...
   $0 (08-23-2014 - TX)

Ryan Conner, et al. v. Bryan F. Hodges, M.D.

Jami and Ryan Conner appeal the district court’s grant of summary judgment dismissing their claims for medical malpractice, breach of contract, and loss of consortium. The Conners allege that Jami unexpectedly became pregnant due to Dr. Bryan Hodges’ negligent performance of a bilateral tubal ligation. The district court concluded that the medical malpractice claim was barred by the two-year s... More...   $0 (08-22-2014 - id)

The People v. David Allen Lucas

A jury found defendant David Allen Lucas guilty of the first degree murders of Suzanne Jacobs, Colin Jacobs, and Anne Swanke (Pen. Code, §§ 187, subd. (a), 189),1 the attempted murder of Jodie Santiago Robertson (§§ 187, 664), and the kidnappings of Swanke and Robertson (§ 207, subd. (a)). The jury also found that he personally used a knife during each crime (§ 12022, subd. (b)) and inflicte... More...   $0 (08-21-2014 - CA)

Mariano Octavio Castelnuovo v. Sandra Faieta

This appeal arises from a divorce proceeding. In two issues, Appellant, Mariano Octavio Castelnuovo,1 challenges the trial court’s characterization and award of a bank account in the amount of $566,252.49 to Appellee, Sandra Faieta, as her separate property. We affirm.
1It is noted that Appellant’s name is also spelled as “Mariano Octario Castelnuovo” on several documents in the record... More...
   $0 (08-21-2014 - TX)

Robert Gerald Sherwood Sr. v. Janet Lynne Sherwood

In this appeal, we address whether the trial court erred by imposing a death penalty sanction due to the appellant’s failure to fully answer the appellee’s discovery. We hold the trial court abused its discretion by imposing a death penalty sanction; we reverse and remand that portion of the trial court’s judgment dividing the parties’ property for a new trial to allow the trial court to m... More...   $0 (08-21-2014 - TX)

In the Interest of C. R. M., A. L. T., and L. N. T., Children

Appellant, T.L.M., challenges the trial court’s termination of her parental rights to A.L.T. and L.N. T. 1 In her sole issue on appeal, T.L.M. argues that the
1 T.L.M. does not challenge the portion of the trial court’s order regarding C.R.M. None of the fathers or the grandparents who intervened are parties to this appeal.
evidence was legally and factually insufficient to suppo... More...
   $0 (08-21-2014 - TX)

Union Pacific Railroad Company v. Estate of Geronimo Gutierre

In this Federal Employers’ Liability Act (“FELA”) case,1 Union Pacific Railroad Company appeals from the final judgment rendered on the jury’s verdict in favor of the estate of Geronimo Gutierrez, deceased, Amelia Gutierrez and Adrian Gutierrez, individually in their capacities as dependents of Geronimo Gutierrez, deceased, and Amelia Gutierrez, in her capacity as administratrix of the est... More...   $0 (08-21-2014 - TX)

W. B. v. Texas Department of Family and Protective Services

A jury concluded that appellant W.B.’s parental rights to his son should be
terminated. Appellant contends that the evidence is legally and factually insufficient to support
the judgment that termination of his parental rights was in the child’s best interest. We will affirm
the judgment.
Preservation of Error
The Department contends that appellant failed to preserve this i... More...
   $0 (08-20-2014 - TX)

State of OKlahoma v. John DeSelms

Jay, OK - The State of Oklahoma charged John DeSelms with two counts of first-degree manslaughter arising from the deaths of Rachel Nicole Swetnam, age 21, and William Lewis (Trey) VArner, III, age 21, who were killed when the boat in which they were passengers that was being driven by DeSelms hit a houseboat on May 14, 2013. The State alleged that DeSelms was intoxicated and was operating the boa... More...   $0 (08-20-2014 - OK)

The People v. Keandre Dion Windfield

A jury convicted Harquan Johnson (Johnson) and KeAndre Windfield (Windfield)
of first degree murder (Pen. Code, § 187, subd. (a)),1 during which they personally used
and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)) and a
principal personally discharged a firearm causing death (§ 12022.53, subds. (d) & (e)(1)).
The jury further convicted defendants of ... More...
   $0 (08-19-2014 - CA)

In re J.S. et al., Persons Coming Under the Juvenile Court Law.

In the unpublished portion of this opinion, we will hold that there was insufficient
evidence to support jurisdiction based on the mother’s alleged failure to protect the
children against sexual abuse by the father. However, there was sufficient evidence to
support jurisdiction based on the mother’s substance abuse; moreover, the juvenile court
also found jurisdiction on other ... More...
   $0 (08-19-2014 - CA)

Darren Hager v. County of Los Angeles

In a whistleblower retaliation lawsuit brought under Labor Code section 1102.5,
subdivision (b) (hereafter section 1102.5(b)),1 the plaintiff must establish a prima facie
case of retaliation. The plaintiff must show he engaged in protected activity, his
employer subjected him to an adverse employment action, and there is a causal link
between the two. If the plaintiff meets his pri... More...
   $0 (08-19-2014 - CA)

State of Oklahoma v. Daren Stephen Nashburn and Melissa Sue Nashburn

Tulsa, OK - The State of Oklahoma charged Daren Stephen Nashburn and Melissa Sue Nashburn with to counts of child neglect in violation of 21 O.S. 843.5, which provides:

A. Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not... More...
   $0 (08-19-2014 - OK)

Denise Pleasant v. United States of America

In this Federal Tort Claims Act (“FTCA”) case, Plaintiffs-Appellants Denise Pleasant, Larvardis Whitman, and Chassiti Williams appeal the dismissal of their complaint against the Veterans Administration (“VA”). In their complaint, the plaintiffs assert wrongful-death and survival causes of action available under Louisiana law. The decedent, Nathan Chaney, died on May 13, 2006, in the emerg... More...   $0 (08-19-2014 - LA)

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