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Death Law
 
United States of America v. Courtney Junior Noble

On the basis of a cooperating defendant’s
tip, a Drug Enforcement Administration (“DEA”) task force set up surveillance along an
interstate in eastern Kentucky, hoping to intercept members of a methamphetamine-trafficking
operation. After fits and starts, a member of the task force located a car suspected of
involvement with the operation. That task force member—Detective R... More...
   $0 (08-08-2014 - KY)

The University of Texas at Austin v. John Sampson

Appellee John Sampson brought suit against the University of Texas at Austin
pursuant to the Texas Tort Claims Act (TCA) seeking damages for personal injuries he sustained on
the University’s campus. See Tex. Civ. Prac. & Rem. Code §§ 101.001–.109. In this interlocutory
appeal, the University challenges the trial court’s order denying its plea to the jurisdiction, motion
to... More...
   $0 (08-08-2014 - TX)

Estate of Edmund M. Carman v. Daniel B. Tinkes

Edmund Carman died after crashing his car into the back of a commercial pickup truck. His estate brought state negligence claims in federal district court against the truck’s driver, the driver’s employer, and the truck’s owner, invoking the court’s diversity jurisdiction. See 28 U.S.C. § 1332(a)(1). (Carman was a citizen of Indiana, where his estate is pending, while the defendants are c... More...   $0 (08-07-2014 - IN)

State of Oklahoma v. Suzanne Satterfield

State of Oklahoma v. Suzanne Satterfield


Count # 1.
Count as Filed: CHAB, CHILD ABUSE BY INJURY , in violation of 21 O.S. 843.5(A)
Date Of Offense: 10/17/2013

Count # 2.
Count as Filed: ANC, CHILD NEGLECT , in violation of 21 O.S. 843.5(C)
Date Of Offense: 06/30/2013


Title 21 O.S. Section 843.5 provides:

A. Any parent or other perso... More...
   $0 (08-07-2014 - OK)

State of Michigan v. Theodore Wafer

The State of Michigan charged Theodore Wafer, age 55, with second-degree murder as a result of him shooting and killing Renisha McBride, age 19, during the early morning hours of November 2, 2013. Ms. McBride, who was apparently intoxicate, had wreck her car and was knocking on Mr. Wafer's front door. He opened the door and shot her with a shotgun through the screen door killing her.

D... More...
   $0 (08-07-2014 - MI)

Lefiell Manufacturing Company v. O'Neil Watrous

Labor Code section 45581 provides an exception to the exclusivity of the workers’ compensation system for employees injured as a result of the employer’s knowing removal of, or knowing failure to install, a point of operation guard on a power press. The issue presented here is the correct definition and application of the term, “point of operation guard.” The meaning of this term is not de... More...   $0 (08-06-2014 - CA)

State of Oklahoma v. Jermaine Savory, Frankie Jackson, Jr. d/k/a Bubba and Damian Anderson

Count # 1.
Count as Filed: HM11, FELONY MURDER - FIRST DEGREE , in violation of 21 O.S. 701.7
Date Of Offense: 03/23/2013

Party Name: Disposition Information:

JACKSON, FRANKIE JR
Pending.

ANDERSON, DAMIAN
Pending.

SAVORY, JERMAINE
Disposed: CONVICTION, 08/06/2014. Guilty Plea.
Count as Disposed:FELONY MURDER - FIRST DEGREE (H... More...
   $0 (08-06-2014 - OK)

Kathie Gossett v. Kimberly Back

Appellant Katie Gossett (Katie) appeals the probate court’s order appointing appellee Kimberly Back (Kimberly) as the independent executrix of the Estate of Lola B. Chenoweth (the Estate). In two issues, Katie asserts (1) the probate court erred by determining she was disqualified to serve as the independent executrix of the Estate and (2) the evidence is legally insufficient to support her disq... More...   $0 (08-05-2014 - TX)

Michael J. Fisher v. Rick Raemisch, et al.

This appeal involves timeliness. Habeas petitions are subject to a one-year
limitations period. See Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C.
§ 2244(d)(1) (2012). But the limitations period is tolled during the pendency of an
application for post-conviction relief. Id. § 2244(d)(2). Mr. Michael Fisher filed a postconviction
application, but the state distri... More...
   $0 (08-05-2014 - CO)

Nickey Vanexel v. The State of Texas

A jury found appellant Nickey Van Exel, a/k/a Nickey Vanexel,1 guilty of murder and assessed punishment of sixty years’ imprisonment and a $10,000 fine. The trial judge rendered judgment on the jury’s verdict. Appellant raises four issues on appeal. We affirm.
I. BACKGROUND
In July 2011, the State indicted appellant for capital murder, alleging that he shot and killed Bradley Eyo in th... More...
   $0 (08-04-2014 - TX)

United States of America v. David Joseph “Joey” Pedersen

PORTLAND, OR – David Joseph “Joey” Pedersen, 34, of Portland, was sentenced today to life in prison, without possibility of release, for carjackings resulting in the death of Cody Faye Myers, of Lafayette, Oregon, and Reginald Alan Clark, of Eureka, California in October 2011. U.S. District Judge Ancer L. Haggerty imposed two life sentences, to be served concurrently. Pedersen was previous... More...   $0 (08-04-2014 - OR)

State of Oklahoma v. Mary Gasnik

Tulsa, OK - Criminal defense lawyers Scott Troy and Richard O'Carroll represented Mary Gasnik who was charged with permitting child sexual abuse in violation of 21 O.S. 843.5T, two counts of contributing to the delinquency of a minor in violation of 21 O.S. 856 and two counts of failing to report chil... More...   $0 (08-04-2014 - OK)

Andrew Smith v. Mylan, Inc.

A state court action may not be removed to federal court
on the basis of diversity jurisdiction more than one year after
the action was filed. See 28 U.S.C. § 1446(b) (current
version at 28 U.S.C. § 1446(c)). Defendants in this wrongful
death case invoked diversity jurisdiction and filed a notice of
removal fourteen months after the lawsuit was filed in state
4 SMITH V. M... More...
   $0 (08-04-2014 - CA)

Denise McGrath v. Richard T. Tavares, et al.

This appeal stems from the
tragic deadly shooting of a sixteen-year-old boy named Anthony
McGrath ("Anthony") by a Plymouth police officer. Following the
untimely death of her son, Denise McGrath ("McGrath") filed a 42
U.S.C. § 1983 action, alleging the police officers involved had
used excessive force in violation of the Fourth and Fourteenth
Amendments. The two named pol... More...
   $0 (08-01-2014 - MA)

Estates of Denton James Ward and Lauren Bailey Crisp v. The McDonald's Corporation

The families and Estates of Denton James Ward and Lauren Bailey Crisp sued McDonald's Corporation on negligence and wrogful death theories claiming that Denton James Ward, age 18, and Lauren Bailey Crisp, age 19, claiming that McDonald's franchisee failed to exercise due care in the management and operation of a McDonald's in College Station, Texas and, as a direct result, Ward was beaten by a mob... More...   $27000000 (07-31-2014 - TX)

State of Oklahoma v. Kevin Joe Sweats

The State of Oklahoma charged Kevin Joe Sweats with three counts of first-degree murder claiming that he killed 11-year-old Skyla Whiaker nad 13-year-old Taylor Paschal-Placker in 2008 and 23-year-old Ashley Taylor in 2011. He reported killed the young girls because he thought that the girls' parents had sold drugs to his brother, who died in his arms in 2007. The young girls were gunned down on a... More...   $0 (07-31-2014 - OK)

The Estate of B.I.C. v. Linda Gillen

Brooklyn Coons (called “Brook” by her estate) died from being shaken and possibly struck on the head while in the care of her father’s girlfriend. Her estate, the remaining plaintiff in this case, alleges that Defendant Linda Gillen, a social worker, knew that Brook was in danger and subject to abuse but did not respond to reports of the abuse, increasing Brook’s vulnerability to danger. T... More...   $0 (07-31-2014 - KS)

Troy Wayne McDade v. The State of Texas

A jury convicted appellant Troy Wayne McDade of murder, finding that he used a deadly weapon, namely a firearm, in the commission of the crime. See TEX. PENAL CODE ANN. § 19.02 (West 2011). The court assessed punishment at 16 years
2
in prison, and McDade appealed. In a single issue, he contends that the trial court erred by refusing to charge the jury on the lesser-included offense of de... More...
   $0 (07-31-2014 - TX)

Kimberley Louise Shano v. The State of Texas

A jury found appellant, Kimberly Shano, guilty of intoxication manslaughter,2 two separate offenses of accident involving personal injury or death,3 and aggravated assault with a deadly weapon.4 The jury assessed her punishment at confinement for twenty years for intoxication manslaughter, ten years for each offense of accident involving personal injury or death, and fifteen years for aggravated a... More...   $0 (07-31-2014 - TX)

Arturo Petriciolet v. The State of Texas

A jury found appellant, Arturo Petriciolet, guilty of the offense of aggravated assault of a family member1 and assessed his punishment at confinement for fifty years. The trial court further found that he used a deadly weapon, namely, a firearm, in the commission of the offense. In his sole issue, appellant contends that the trial court erred in admitting expert testimony during the punishment ph... More...   $0 (07-31-2014 - TX)

Delores Escobar, Individually, as Representative of the Estate of Luis Manuel Escobar, and as Next Friend of Luis Alberto Escobar, a Minor v. Harris County, Texas and Eric Goodney

Following an attempted traffic stop, Luis Manuel Escobar fled in his car from Harris County Sheriff’s Deputy Eric Goodney. At the end of the pursuit, Luis was shot and killed as he ran from the scene. This lawsuit was brought by Luis’s
2
mother, alleging that his death resulted from the unlawfully excessive use of force by Deputy Goodney.
Appellant Delores Escobar sued appellees Ha... More...
   $0 (07-31-2014 - TX)

Claudia Nineth Bedoya Lopez de Zea v. Eric H. Holder, Jr.

Claudia Nineth Bedoya Lopez de Zea
("Bedoya") petitions for review of the Board of Immigration
Appeals' ("BIA") decision, challenging only the determination that
she was not eligible for withholding of removal. We deny the
petition because substantial evidence supports the BIA's findings
that Bedoya had established neither past persecution nor a clear
probability of future ... More...
   $0 (07-30-2014 - MA)

Ted Stauffer & John Bernot v. Jane T. Nicholson

This interlocutory appeal arises out of a lawsuit Jane T. Nicholson filed in probate court against her brother Ted Stauffer a nonresident. Nicholson sued Stauffer individually and as “Successor Trustee of the Anne Bodulus Stauffer Revocable Trust.” Stauffer filed a special appearance to the action asserting the court lacked personal jurisdiction over him. After a hearing, the court denied the ... More...   $0 (07-30-2014 - TX)

Bretton Guy Dawkins, Bradley Ken Dawkins, Jerry Howard Oxford and Sharon Ann Oxford v. Madelon Hysaw, Kathryn Hysaw Weaver, Michael and Cindy Burris Family Partnership III, Ltd., Byron M. Burris, and Judith Ann Burris Dziuk

This case involves the construction of a will executed in 1947 by Ethel Nichols Hysaw. Ethel devised to each of her three children (i.e., Inez, Howard, and Dorothy) specific parcels of land in fee simple, subject to a royalty interest for all the lands to be shared by each child. After a dispute arose over the amount of royalty each was entitled to receive, some of Ethel’s descendants petitioned... More...   $0 (07-30-2014 - TX)

John E. Fitzgibbon, Sr., The Fitzgibbon Family Partnership, Ltd., and Rita Fitzgibbon v. Janice F. Hughes

John E. Fitzgibbon, Sr., the Fitzgibbon Family Partnership, Ltd., and Rita Fitzgibbon appeal from a summary judgment granted in favor of Janice F. Hughes and the Estate of John E. Fitzgibbon, Jr. in a suit for breach of contract. We reverse the judgment of the trial court, and remand the case for further proceedings.
BACKGROUND
John E. Fitzgibbon, Sr. and Rita Fitzgibbon married in 1982 af... More...
   $0 (07-30-2014 - TX)

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