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Declaratory Judgment Law
 
STATE OF TENNESSEE v. JOHNNY MALCOLM VINSON

This case stems from the defendant’s violation of an order of protection entered against him by his estranged wife, Angel Pack. On November 27, 2013, Ms. Pack obtained an order of protection against the defendant. The order prohibited the defendant from contacting, abusing, or threatening Ms. Pack. At the time the order was obtained, Ms. Pack ran a concession stand at Gibbs Auction House in Nashvi... More...   $0 (09-27-2016 - TN)

MLG Enterprises, LLC v. Richard Johnson

On October 1, 2007, MLG Enterprises, LLC (“Landlord”) entered into a written agreement for the lease of commercial real estate to Mobile Master Manufacturing LLC (“Tenant”). On the eighteenth page of the agreement (“the Lease”), the last numbered paragraph provides as follows:
37. PERSONAL LIABILITY:
In consideration of Landlord entering into this Lease with Tenant, Richard L. Joh... More...
   $0 (09-27-2016 - TN)

RANDALL THOMAS HESTER V. COMMONWEALTH OF KENTUCKY

The testimony presented at trial included the following. On the evening
of November 10, 2011, Appellant and his girlfriend, Jessica Womack, gathered
with other drug-using acquaintances at Judy Seabolt's home in Warren
County. According to Seabolt, Womack and Appellant had an argument that
escalated to physical violence, with Appellant beating Womack and pointing a
pistol a... More...
   $0 (09-27-2016 - KY)

WALTER SCHMUCK V. COMMONWEALTH OF KENTUCKY

Leitchfield Police received complaints about high traffic volume and
unusual activity at David Hicks's home. A confidential informant told police
David Hicks sold hydrocodone and morphine pills from the home. The
informant also told police David Hicks used methamphetamine and David's
nephew, Rickey Hicks, made methamphetamine "inside of a shed outside of the
residence." Po... More...
   $0 (09-27-2016 - KY)

BRITT DECKERT V. COMMONWEALTH OF KENTUCKY

Appellant, Britt Deckert, was twenty-six years old in the summer of
2013. He lived with his father, his half-brother, A.J., and A.J.'s wife, Emma
Belle, and step-daughter, Jessica,' in a small house in Marion, Kentucky.
Appellant and Emma Belle had previously been engaged in a sexual
relationship. On August 1, 2013, A.J. was attempting to help Appellant repair
a television... More...
   $0 (09-27-2016 - KY)

ROGER DALE EPPERSON V. COMMONWEALTH OF KENTUCKY

Because this Court has already discussed and decided several issues
that are nearly identical to those raised herein, we will rely, in part, on our
previous rulings in Epperson and Hodge. We summarized the mutual facts in
Epperson as follows:
On August 8, 1985, Donald Bartley and Hodge entered the home of the victim and her father posing as F.B.I. agents. Once inside, Hodge pro... More...
   $0 (09-27-2016 - KY)

CARLOS LAMONT ORDWAY V. COMMONWEALTH OF KENTUCKY

During a summer evening in 2007, Ordway was traveling in the front
passenger seat of a stolen car with two acquaintances. Rodriquez "Hot Rod"
Turner was the car's driver and Patrick "Lee Lee" Lewis was in the back
passenger seat directly behind Ordway. According to Ordway, the group was
traveling from Louisville to Lexington to traffic in narcotics. The plan was for
Ordway... More...
   $0 (09-27-2016 - KY)

SAMANTHA G. HOLLAWAY V. DIRECT GENERAL INSURANCE COMPANY OF MISSISSIPPI, INC.

This bad-faith insurance dispute began as a low-speed automobile
collision in an apartment complex parking lot. The accident involved a vehicle
owned and driven by Harry Sykes III and a vehicle owned by Samantha
Hollaway and driven by Danny Bartlett. Both parties rely on their own
accounts of the series of events leading up to the accident.
According to Hollaway, Bartlett ... More...
   $0 (09-27-2016 - KY)

GARY MARTIN V. STEPHEN O'DANIEL AND MIKE SAPP V. STEPHEN O'DANIEL AND BOBBY MOTLEY V. STEPHEN O'DANIEL

Stephen O'Daniel is a retired Kentucky State Police (KSP) officer. He was
employed by the Justice and Public Safety Cabinet as Executive Director of the
Office of Investigations when he purchased what was purportedly a 1974
Chevrolet Corvette. After discovering that the vehicle was actually a 1975
Corvette, O'Daniel sought the assistance of Detective Riley of KSP's stolen
... More...
   $0 (09-26-2016 - IN)

DENNIS L. SMITH vs. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY

Smith was formerly employed as a technical writer in the engineering department at ISU. The events of this case cover a time period from approximately 2002 to 2010, when Smith’s position at the university was eliminated. Our prior opinion contains a detailed discussion of the facts. See Smith v. Iowa State Univ. of Sci. & Tech., 851 N.W.2d 1, 4–17 (Iowa 2014). At trial, Smith initially recove... More...   $0 (09-26-2016 - MO)

Christopher Hunt v. The State of Texas

Appellant Christopher Hunt and his co-defendant, David Hunt, were indicted and charged
with two counts of burglary of a habitation with intent to commit assault and burglary by committing or attempting to commit assault.1 A jury found Christopher guilty and assessed
punishment at ten years’ confinement in the Institutional Division of the Texas Department of
Criminal Justice, suspe... More...
   $0 (09-25-2016 - TX)

Virginia Kaska v. The State of Texas

Kaska was indicted for indecency with a child by contact. Pursuant to a plea agreement,
Kaska entered a plea of nolo contendere. In accordance with the plea agreement, the trial court
deferred a finding of guilt and placed Kaska on deferred adjudication community supervision for
a term of ten years. The trial court also assessed a fine of $1,500.00.
Subsequently, the State... More...
   $0 (09-25-2016 - TX)

Jonathan Jose Guillen v. The State of Texas

In his first two issues, Guillen complains of an improper comment made by the prosecutor.
During the punishment phase of trial, Guillen presented evidence regarding his abusive childhood,
including the testimony of an expert witness regarding the effect of that abuse on Guillen. During
closing argument, defense counsel referred to this evidence. During the State’s closing argumen... More...
   $0 (09-25-2016 - TX)

Taylor M. Moser v. The State of Texas

This appeal arises out of the trial court’s denial of Appellant Taylor M. Moser’s motions
to suppress evidence. On April 29, 2015, we reversed the trial court’s judgment and remanded the
cause for a new trial, holding that Moser’s rights under the Fourth Amendment were violated by
the warrantless, nonconsensual blood draw. See Moser v. State, No. 04-13-00826-CR, 2015 WL
1938865... More...
   $0 (09-24-2016 - TX)

Michael Grace v. The State of Texas

Grace was arrested for driving while intoxicated following a traffic stop. The sole
issue at the suppression hearing was whether the officer who had initiated the traffic stop had
See Tex. Penal Code §§ 49.04, .09(a).1
reasonable suspicion to detain Grace. At the hearing, the trial court heard evidence that at
approximately 2:00 a.m. on July 7, 2013, Cary Allen, a doorman at Eg... More...
   $0 (09-24-2016 - TX)

STATE OF OKLAHOMA v. THE DISTRICT COURT OF MAYES COUNTY, THE HONORABLE REBECCA GORE

On April 29, 2016, Petitioner, the State of Oklahoma, by and through Mayes County Assistant District Attorneys Kali Strain and Brian Surber, filed a Petition for Writ of Prohibition or, alternatively, a Writ of Mandamus in Mayes County Case No. CF-2015-248(A), styled State of Oklahoma v. Aaron McNulty. The State requests this Court order the District Court of Mayes County, the Honorable Rebecca Go... More...   $0 (09-24-2016 - OK)

JHONHENRI JABRILLE LEE v. DIANA CATALINA SALGADO BUENO

On or about October 9, 2014, Plaintiff/Petitioner Jhonhenri Jabrille Lee (Lee) was involved in a motor vehicle collision with Defendant/Respondent Diana Catalina Salgado Bueno (Bueno). Lee was driving a vehicle that was struck from behind by a vehicle driven by Bueno at the intersection of NW Expressway and Blackwelder in Oklahoma City, Oklahoma. The collision pushed Lee's vehicle into the vehicle... More...   $0 (09-23-2016 - Ok)

STATE OF KANSAS v. ANTHONY MICHAEL ALEXANDER

Defendant Anthony Michael Alexander appeals from the verdict of a jury sitting in Johnson County District Court convicting him of misdemeanor driving under the influence, a violation of K.S.A. 2015 Supp. 8-1567. Alexander complains that the admission of a toxicology report was unfairly prejudicial, the trial evidence was insufficient to support the verdict, and a single misstatement in the prosecu... More...   $0 (09-23-2016 - KS)

STATE OF KANSAS v. JOHN THOMAS GOOD

John Thomas Good appeals from the district court's decision denying his motion to correct an illegal sentence. Good maintains his sentence is illegal because the court extended his probation beyond the statutorily-allowed maximum probation period before it revoked his probation and ordered him to serve his prison sentence. We agree with Good.
On April 24, 2007, Good pled nolo contendere to... More...
   $0 (09-23-2016 - KS)

STATE OF KANSAS v. ROYALE C. SEBASTIAN-WALKER

On September 12, 2014, Sebastian-Walker pled guilty to one count of rape and one count of aggravated burglary. The crimes were committed when Sebastian-Walker was 16 years old. The district court sentenced Sebastian-Walker to 178 months in prison. Because he was convicted of rape, the court also sentenced Sebastian-Walker to mandatory lifetime postrelease supervision under K.S.A. 2015 Supp. 22-371... More...   $0 (09-23-2016 - KS)

STATE OF KANSAS v. MARQUATESZ R. REDMON

All parties in this case agree that the charges in this case arose out of horrible facts. On the evening of June 6, 2013, 76-year-old W.S.B., a widow who lived alone in her Wichita home, endured a horrendous ordeal after waking up when a strange man
2
came into her bedroom and jumped on top of her while holding a knife. W.S.B. was not wearing her glasses, so she could not see the man. Sh... More...
   $0 (09-23-2016 - KS)

RACHEL K. PLATT v. KANSAS STATE UNIVERSITY

At the outset, we acknowledge that when a district court has granted a motion to dismiss, "an appellate court must accept the facts alleged by the plaintiff as true, along with any inferences that can reasonably be drawn therefrom." Cohen v. Battaglia, 296 Kan. 542, 546, 293 P.3d 752 (2013). Accordingly, the following facts are those asserted by Platt in her district court petition.
Platt wa... More...
   $0 (09-23-2016 - KS)

State of Nebraska v. Corey J. Raatz

On November 5, 2014, Sgt. James Vrbsky of the Madison
County Sheriff’s Department responded to a report of a vehicle
fire in Madison County, Nebraska. He observed what appeared
to be a semi-truck on fire. Shortly after Vrbsky arrived at the
scene of the fire, a vehicle stopped nearby, and Raatz exited
the passenger door. Raatz inquired of Vrbsky if he could proceed
on, to w... More...
   $0 (09-23-2016 - NE)

State of Nebraska v. Douglas Rothenberger

Just after midnight on June 19, 2013, a motorist called the
911 emergency dispatch service to report that a vehicle traveling
on Highway 92 near Scottsbluff, Nebraska, was swerving
from one edge of the highway to the other and fluctuating
between 20 and 60 m.p.h. The motorist followed the vehicle
until Deputy Sheriff Jared Shepard arrived.
Shepard followed the vehicle and s... More...
   $0 (09-23-2016 - NE)

STATE OF SOUTH DAKOTA v. YOLANDA MARIE FLOWERS

On June 25, 2015, Flowers was arrested pursuant to an outstanding
federal arrest warrant. She admitted having methamphetamine in her purse. At
the time of her arrest, she was on state probation for felony convictions of
possession of a controlled substance and failure to appear. She was also on federal
supervised release for violating federal probation.
[¶3.] Flowers w... More...
   $0 (09-23-2016 - SD)

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