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Death Law
 
COMMONWEALTH vs. CRAIG MULGRAVE

In March, 2012, a Superior Court jury convicted
the defendant, Craig Mulgrave, of murder in the first degree on
the theory of extreme atrocity or cruelty in the stabbing death
2
of his wife, Christina Mulgrave.1 On appeal the defendant
asserts that the judge erred in certain evidentiary rulings that
violated his right to due process under the United States
Con... More...
   $0 (07-13-2015 - )

TIBBLES v. TEACHERS RETIREMENT SYSTEM OF GEORGIA et al.

Following 31 years of service as a teacher in the public schools, Carol
Tibbles retired in April 1994. She is a member of the Teachers Retirement
System of Georgia, and as such, she is entitled by law to annual retirement
allowance in an amount
equal to 2 percent of [her] average compensation over the two consecutive years of membership service producing the highest such average, m... More...
   $0 (07-13-2015 - )

State of Oklahoma v. Joshua John Schneider

Tahlequah, OK - The State of Oklahoma charged Joshua John Schneider with first-degree murder and arson in conjunction with the death of Tiffany Rene Maher, age 38, whose body was found in her burning home on May 31, 2012. The State claimed that Maher had met Schneider on Plentyoffish.com and began communicating with him by telephone shortly thereafter with someone referred to "Big Daddy." Her la... More...   $0 (07-13-2015 - OK)

SHAWANA LAYNE (f/k/a Shawna Singleton) v. GAVILON GRAIN, LLC, et. al.,

This is a negligence action brought by Plaintiff Shawana Layne (f/k/a Shawna Singleton)
as guardian ad litem and next friend to Frank Layne, Jr. This matter arises from a November 10,
2011, work place accident which caused injury to Mr. Layne and Defendant, Jair “Hector”
Cabrera. The accident took place at a facility operated by Defendant Gavilon Grain LLC
2
(“Gavilon”... More...
   $0 (07-12-2015 - )

COMMONWEALTH vs. LOUIS R. COSTA

In Miller v. Alabama, 132 S. Ct. 2455, 2460
(2012) (Miller), the United States Supreme Court held that the
2
imposition of mandatory life sentences without the possibility
of parole on individuals who were under the age of eighteen at
the time of their crimes (juvenile offenders) violates the
Eighth Amendment to the United States Constitution's prohibition
on "c... More...
   $0 (07-12-2015 - )

JUSTIN ALAN ROBUCK vs. STATE OF IOWA,

Justin Robuck appeals the district court’s denial of his application for
postconviction relief from his 2008 conviction for murder in the second degree, in
violation of Iowa Code section 707.3 (2007). Upon our review, we affirm the
court’s order denying Robuck’s application for postconviction relief.
I. Background Facts and Proceedings
In 2008, following a jury trial, Ro... More...
   $0 (07-12-2015 - )

ALICE M. SHEA vs. THERESA LORENZ and MARK LORENZ

Alice Shea appeals, and Theresa Lorenz and Mark Lorenz cross-appeal,
the district court’s decision following a bench trial that involved the transfer of
certain investment accounts owned by William (Bill) Lorenz before his death. Bill
was ordered to pay his former spouse, Alice, traditional alimony in the amount of
$2000 per month until her death or remarriage. This alimony o... More...
   $0 (07-12-2015 - )

POLLY M. RUHLAND, f/k/a/ POLLY MARIE (MOORE) GRANT v. SUE ELLIOTT and LORENA ELLIOTT, a/k/a LORENA ANNIS

This case arises from a dispute over the ownership of a 5.5-acre tract of real estate in Cloud County. The district court determined that Keith Elliott, who had at one time deeded away the land to his then-wife's daughter, had regained possession of the disputed tract through adverse possession. A panel of the Court of Appeals reversed on the issue subject to our grant of review, concluding that... More...   $0 (07-11-2015 - )

STATE OF KANSAS v. MICHAEL A. REED

On the night of May 15, 2009, Reed; Reed's brother, Robert; and Jeremy Trout went to a bar for an impromptu bachelor party for Robert. The three men drank beer and had several shots of liquor. After about an hour, Reed and Trout left to meet Reed's girlfriend, who was going to give them some money.
Reed called Barnes in an attempt to purchase cocaine. Trout would later testify that "the guy... More...
   $0 (07-11-2015 - )

Stevon Anzaldua v. Northeast Ambulance and Fire

Stevon Anzaldua worked for the Northeast Ambulance and Fire Protection
District (“Fire District”) as a full-time paramedic and firefighter. After the Fire
District suspended Anzaldua for purportedly failing to respond to a directive issued
by Chief Kenneth Farwell, Anzaldua emailed a newspaper reporter expressing
concerns about the Fire District and about Chief Farwell in particula... More...
   $0 (07-10-2015 - MO)

United States of America v. David Matusiewicz, Lenore Matusiewicz and Amy Gonzalez

WILMINGTON, DE – A federal jury has convicted David T. Matusiewicz, his mother, Lenore Matusiewicz, and his sister, Amy Gonzalez, of interstate stalking and cyberstalking, in violation of federal law. The jury also found all three defendants criminally responsible for the death of Christine Belford, who was murdered in the lobby of the New Castle County Courthouse by co-conspirator Thomas Matusi... More...   $0 (07-10-2015 - DE)

United States of America v. Clifford Leon Houston

A grand jury indicted Clifford Leon Houston for transmitting a
threat in interstate commerce. 18 U.S.C. § 875(c). When the case went to trial, the judge,
applying then-governing Sixth Circuit precedent, instructed the jury that Houston’s statement
was a “true threat” if a “reasonable person hearing the statement would understand it as a serious
>
No. 14-5295 United States v. Ho... More...
   $0 (07-10-2015 - TN)

State of Nebraska v. Jose c. Oliveira-Coutinho

Vanderlei and Jaqueline moved from Brazil to Florida. While in Florida, their son Christopher was born. The family then moved to Omaha, Nebraska, as missionaries for their church to renovate an old school building located on South 16th Street. At some point, the church became financially unstable and Vanderlei became involved in his own renovation and construction projects. He purchased and was re... More...   $0 (07-10-2015 - )

United States of America ex rel. Michael Drakeford, M.D. v. Tuomey d/b/a Tuomey Healthcare Systems, Inc.

In a qui tam action in which the government intervened, a jury determined that Tuomey Healthcare System, Inc., did not violate the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-33 (2012).1 The district court, however, vacated the jury’s verdict and granted the government a new trial after concluding that it had erroneously excluded excerpts of a Tuomey executive’s deposition testimony. The jury in t... More...   $0 (07-10-2015 - )

Gregory Christian v. David Ballard

In September 2003, petitioner Gregory Brent Christian (“Christian”) pled guilty in West Virginia state court to two counts of first-degree armed robbery, and to one count of malicious assault arising out of his shooting of a police officer who was investigating the robberies. Pursuant to a plea agreement, Christian was sentenced to concurrent terms of 25 years imprisonment on the robbery counts, a... More...   $0 (07-10-2015 - WV)

Thomas Hill v. Cindi S. Curtin, Warden

Congress passed and President Clinton signed the
Antiterrorism and Effective Death Penalty Act (“AEDPA”), Pub. L. No. 104-132, 110 Stat.
1214, effective April 24, 1996. All habeas corpus actions filed thereafter, such as the present
petition, are governed by AEDPA’s considerable restrictions on federal court review of state
court judgments. In this case, the district court ruled th... More...
   $0 (07-09-2015 - MI)

Thomas Hill v. Cindi S. Curtin, Warden

Congress passed and President Clinton signed the
Antiterrorism and Effective Death Penalty Act (“AEDPA”), Pub. L. No. 104-132, 110 Stat.
1214, effective April 24, 1996. All habeas corpus actions filed thereafter, such as the present
petition, are governed by AEDPA’s considerable restrictions on federal court review of state
court judgments. In this case, the district court ruled th... More...
   $0 (07-09-2015 - MI)

James L. Janes, Sam Britton Pyland, Jr. as Independent Executor of the Estate of Lucy Pyland, Deceased, and Dennis Spence Janes as Independent Executor of the Estate of Woodrow Wilson Janes, Deceased v. Mary Adams as Independent Executor of the Estate of Bettie Maxey, Deceased

James L. Janes, Sam Britton Pyland, Jr. as Independent Executor of the Estate of Lucy Pyland, Deceased, and Dennis Spence Janes as Independent Executor of the Estate of Woodrow Wilson Janes, Deceased appeal from a denial of their contest of the will of Bettie Maxey, who had passed away in 2011. The appellants complain that the evidence
Janes v. Adams Page 2
was legally and factually insuff... More...
   $0 (07-09-2015 - TX)

DELMER SMITH vs. STATE OF FLORIDA

On the afternoon of August 3, 2009, Kathleen Briles was accosted outside of
her home in Manatee County, after returning from grocery shopping. Briles was
then dragged inside her home, where she was bound, gagged, and beaten to death
with her own antique twenty-three-pound cast iron sewing machine. Numerous
items were stolen from the home.
The victim’s husband, Dr. James... More...
   $0 (07-09-2015 - )

WAYNE C. DOTY, vs. STATE OF FLORIDA

Wayne C. Doty, who at the time of the crime was an inmate at Florida State
Prison, confessed to murdering fellow inmate Xavier Rodriguez and later pled
guilty to the crime. By a vote of ten to two, the jury recommended that Doty be
sentenced to death, and the trial court imposed a death sentence after carefully
weighing the aggravating circumstances against the mitigating circ... More...
   $0 (07-09-2015 - )

United States of America v. Rochester Drug Cooperative

New York, New York Preet Bharara, the United States Attorney for the Southern District of New York, James J. Hunt, the Special Agent-in-Charge of the New York Field Division of the U.S. Drug Enforcement Administration (“DEA”), and William J. Bratton, the Commissioner of the New York City Police Department (“NYPD”), announced that the United States has filed and settled a civil lawsuit against ROCH... More...   $0 (07-09-2015 - NY)

CRAIG WILLARD MCCARTY v. KIMBERLY PAULL MCCARTY

Father and Mother divorced in July 2007. At the time of the divorce,
the parties agreed to share joint legal custody of N.M. and C.M., with Mother
having primary physical custody. After the divorce, Mother maintained residence
in Box Elder, South Dakota, and Father moved to Gillette, Wyoming. The children
would usually spend the school year in Box Elder and then stay in Gill... More...
   $0 (07-09-2015 - )

ROBERT FLEMING v. STATE OF ARIZONA DEPARTMENT OF PUBLIC SAFETY

The material facts are undisputed. Department o Plic Saety PS Officer Scott Walter observed a vehicle driven by Faith Mascolino drifting across traffic lanes and traveling well below the speed limit on Interstate 10. He called for backup and attempted to pull Mascolino over, but she failed to yield and continued driving erratically. She eventually stopped in the emergency lane, close to a guard... More...   $0 (07-09-2015 - )

LESLEY WILKS AND PAUL WILKS, WIFE AND HUSBAND v. JOHN MANOBIANCO AND SANDRA LEE MANOBIANCO

For two years, Lesley Wilks had car insurance from State 1 In an appeal from the grant of summary judgment, we view the facts and draw reasonable inferences in the light most favorable to the non
WILKS v. MANOBIANCO Opinion of the Court
3
Farm Mutual Automobile Insurance Company, which she obtained through John Manobianco at the Man... More...
   $0 (07-09-2015 - Ar)

STATE OF OREGON v. JOSEPH LUCIO JIMENEZ

In this criminal case, an Oregon state trooper stopped defendant for jaywalking and asked him if he had any weapons on him. For the reasons that follow, we conclude that Article I, section 9, of the Oregon Constitution1 does not permit a law enforcement officer to make such an inquiry as a matter of routine and in the absence of circumstances that indicate danger to the officer or members of the p... More...   $0 (07-09-2015 - )

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