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Declaratory Judgment Law
 
Terry Lynn Douglas v. The State of Texas

During the guilt phase, the jury heard the testimony of D.K., the complainant in
these cases; law enforcement personnel; Appellant; and another complainant who
had accused him of similar offenses.
D.K. testified that on August 5, 2014, she left home in her daughter’s
boyfriend’s car and stopped at a Texaco in Fort Worth to buy a beer. As she was
driving away, she saw Appe... More...
   $0 (02-19-2017 - TX)

Ricky Paul Jacquet v. The State of Texas

Antonio Briones was on his way to work on the morning of Saturday,
October 26, 2013, when he stopped at a nearby gas station to purchase coffee,
cigarettes, and fuel for his car. Because he had been paid the day before,
Briones was carrying approximately $500 cash in his wallet. As Briones was
pumping gasoline into his car, Jacquet approached him from behind and placed
a... More...
   $0 (02-19-2017 - TX)

MALINDA FALCONE v. LIBERTY MUTUAL INSURANCE COMPANY, LM GENERAL INSURANCE COMPANY

Because Liberty Mutual acted in bad faith, on remand, Liberty Mutual's defense should be limited to the amount of damages for which they are liable. Ms. Falcone should be allowed to present all of her evidence relating to Liberty Mutual's bad faith conduct in handling her claim. From that evidence a jury can then determine the amount of actual damages owed Ms. Falcone for Liberty Mutual's bad fait... More...   $0 (02-19-2017 - OK)

United States of America v. Lonnie Hubbard

Lexington, KY - Berea Pharmacist Found Guilty of Illegally Dispensing Hundreds of Thousands of Prescription Pills and Thousands of Boxes of Pseudoephedrine and Money Laundering

A Berea pharmacist, Lonnie Hubbard, age 41, has been convicted by a federal jury of 71 counts, including fifty-six drug counts, involving the illegal dispensing of controlled substances without a legitimate medical... More...
   $0 (02-19-2017 - KY)

COMMONWEALTH OF PENNSYLVANIA v. JOHN MICHAEL TEDESCO

Appellant, John Michael Tedesco, appeals from the judgment of
sentence imposed on October 26, 2015 in the Court of Common Pleas of
Monroe County following his convictions of third degree murder, neglect of
care-dependent person, theft by unlawful taking, theft by failing to make
required disposition of funds received, and tampering with/fabricating
physical evidence.1
Appe... More...
   $0 (02-19-2017 - )

State of Nebraska v. Marco E. Torres, Jr.,

Torres was involved in drug trafficking in Grand Island,
Nebraska. Through his drug activities, Torres knew a man
known as Billy Packer, who was also involved in drug trafficking.
It was through Packer that Torres met Jose Cross, Gina
Padilla, and Timothy Donohue.
Edward Hall allowed Donohue to live in Hall’s house in a
room on the second floor. Hall also allowed Padilla to... More...
   $0 (02-18-2017 - NE)

Wesley Alan Cody v. State of North Dakota

On August 16, 2013, Cody was charged with aggravated assault and reckless endangerment related to a stabbing incident in Morton County. The district court appointed counsel to defend Cody on those charges. On March 20, 2014, Cody pled guilty to reckless endangerment. As part of his plea agreement, the State dismissed a class C felony aggravated assault charge alleging Cody stabbed another person. ... More...   $0 (02-18-2017 - ND)

STATE OF MONTANA, JUDICIAL BRANCH, OFFICE OF THE COURT ADMINISTRATOR, and GEORGE W. HUSS v. CHARLENE A. BERDAHL

The facts found by the District Court for purposes of this declaratory action are as
follows. In 1991, Berdahl began working as a court reporter for the Sixteenth Judicial
District Court, in Forsyth. In November 2012, George Huss was elected as a district
court judge in the Sixteenth Judicial District. Huss oversaw Department Two of the
District and Berdahl worked directly ... More...
   $0 (02-18-2017 - MT)

CASSANDRA L. McEUEN v. THE STATE OF WYOMING

On August 21, 2015, on-duty Officer Josh Buhmann noticed an ATV driving on an Evanston street without a license plate. Officer Buhmann activated his overhead lights and activated his air horn, but the driver of the ATV, Cassandra McEuen, did not stop and drove the ATV into an alleyway and eventually an apartment complex parking lot. Ms. McEuen began walking toward the apartment complex, but tur... More...   $0 (02-18-2017 - WY)

STATE OF OREGON v. STORM ANTHONY BROCKWAY

This appeal arises from a judgment revoking defendant’s probation, sentencing him to 18 months’ incarceration and imposing $200 in court-appointed attorney fees. Defendant pleaded guilty to failing to register as a sex offender. Under the terms of the plea agreement, defendant received a dispositional downward departure sentence of probation but stipulated that, if he violated any nonfinancial con... More...   $0 (02-18-2017 - OR)

STATE OF OREGON v. NATHAN HOWARD STUART

Defendant appeals a judgment of conviction for manslaughter in the second degree, ORS 163.125, for causing the death of another while driving. He assigns error to the trial court’s denial of his motion for judgment of acquittal, contending that the evidence was insufficient to prove that he acted recklessly. The state responds that the evidence is sufficient “to support a reasonable inference that... More...   $0 (02-18-2017 - OR)

UNITED STATES OF AMERICA v. RUFINO PERALTA-SANCHEZ

On March 7, 2014, at approximately 11:20 p.m., video surveillance along the U.S.-Mexico border spotted two individuals hiding in the brush about one mile north of the border. U.S. Border Patrol agents spent four to five hours tracking fresh footprints, which ultimately led the agents to Rufino Peralta-Sanchez and his companion, who were by that time approximately six miles from the border. A Bor... More...   $0 (02-18-2017 - CA)

UNITED STATES OF AMERICA v. CHRISTOPHER BARRET, D/B/A Derrick Brown

This case developed from a joint investigation by the United States Postal 4  
Inspection Service, the Drug Enforcement Administration (“DEA”), and the New 5  
York City and New York State Police Departments, into the activities of a large‐6  
scale marijuana distribution organization in Queens, New York known as the 7  
“Fatherless Crew.” The government alleged, and as outli... More...
   $0 (02-18-2017 - NY)

STATE OF NEW JERSEY VS. ROCCO C. AGRESTA

We briefly summarize the evidence presented at trial. In
January 2013, B.K. saw an advertisement for cabinets and a
countertop on Craigslist, which he thought might be appropriate
for his kitchen.1 The advertisement did not mention labor or
installation, and it did not describe defendant as a contractor.
B.K. thought if he purchased the items for sale he would be getting <... More...
   $0 (02-18-2017 - NJ)

STATE OF NEW JERSEY v. RASOOL MCCRIMMON, a/k/a RASOOL W. MCCRIMMON, a/k/a DAHEEM MCWRITTE, a/k/a DAHEEM MCWRITE, a/k/a ANTHONY M. WOODS, a/k/a OOKIE

Defendant was convicted after a jury trial of first-degree
knowing and purposeful murder, N.J.S.A. 2C:11-3(a)(1) and (2),
third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b),
and second-degree possession of a weapon for an unlawful purpose,
N.J.S.A. 2C:39-4(a). The judge imposed an aggregate custodial
sentence of fifty years subject to the requirements of the... More...
   $0 (02-18-2017 - NJ)

State of Oklahoma v. James Edward Knapper, a/k/a "Baby G"

Tulsa, OK - "Baby G" Convicted Of Murdering Deouijanae Terry

The State of Oklahoma charged James Edward Knapper, a/k/a "Baby G" with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 07/17/2015
Party Name Disposition Information
KNAPPER, JAMES EDWARD
Count # 2. Count as Filed: ABDGR, ASSAULT & BATTERY WI... More...
   $0 (02-18-2017 - OK)

State of Oklahoma v. Shannon James Kepler

Tulsa, OK - Second Mistrial Declared in Trial of Former Policeman Charged with Murder

The State of Oklahoma charged Shannon James Kepler with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 08/05/2014
Party Name Disposition Information
KEPLER, SHANNON JAMES
Count # 2. Count as Filed: SWIK, SHOOTING WIT... More...
   $0 (02-18-2017 - OK)

United States of America v. Patrick Treacy, a/k/a “Redneck”

Philadelphia, PA Member of the Pagans Outlaw Motorcycle Club Sentenced to 20 Years in Prison for Prescription Pill Mill

Patrick Treacy, a/k/a “Redneck” to 20 years in prison for his role in a prescription pill mill that trafficked oxycodone and other dangerous and addictive opioids. Treacy was also ordered to serve a concurrent sentence of 10 years in prions for illegally possessing a fir... More...
   $0 (02-18-2017 - PA)

STATE OF OREGON, Respondent on Review, v. RYLEY JEANNE MORGAN, Petitioner on Review.

In this case, we hold that, to establish that defendant
was “aided by another person actually present” and
therefore was guilty of second-degree robbery under ORS
164.405(1)(b), the state was required to prove that the person
who aided defendant acted with the intent to facilitate
the robbery. Because the state proffered evidence from which
a rational trier of fact could ha... More...
   $0 (02-18-2017 - )

United States v. Halliburton Company

Under the Logistics Civil Augmentation Program (“LOGCAP”), the U.S. Army contracts with private companies to provide a wide range of logistical services. In 2001, the Army awarded KBR the third contract issued under the LOGCAP program, known as “LOGCAP III.”1 LOGCAP III 1 We refer to Appellees collectively but note that Kellogg Brown & Root Servic... More...   $0 (02-17-2017 - DC)

Marcus Goggins vs State of Florida

Appellant, Marcus Goggins, appeals his convictions and sentences for use of
another person’s identification without consent and grand theft and raises three
issues, only one of which merits discussion and reversal. Appellant contends that
the trial court erred in admitting collateral act evidence where the evidence showed
only his propensity to commit bad acts. We agree and, ... More...
   $0 (02-17-2017 - FL)

CARVEL HOLLOMAN vs STATE OF FLORIDA

The issue presented is whether appellant had sufficient knowledge of the presence of a trace amount of cocaine found in a brass fitting, when the fitting by itself had legal uses. We find the state presented sufficient evidence that appellant knew of the presence of cocaine since the brass fitting had been altered with copper mesh in order to smoke cocaine, and burnt residue was visible in the de... More...   $0 (02-17-2017 - FL)

State of Tennessee v. David Troy Firestone

On December 21, 2015, the Defendant pled guilty pursuant to a plea agreement to burglary and theft of property. Under the plea agreement, the value of the stolen property relating to the theft charge would be determined at a bench trial, the Defendant’s sentences would run concurrently, and the State would not seek a fine.
The State offered the following recitation of facts supporting the Def... More...
   $0 (02-17-2017 - TN)

State of Tennessee v. Michael O. Brown

This case originally stems from a jury convicting the Defendant in 1991 for the sale of cocaine. State v. Michael O. Brown, No. 01-C-019203-CC000083, 1991 WL 335920 (Tenn. Crim. App., at Nashville, Nov. 18, 1991), no perm. app. filed. The trial court sentenced the Defendant in the 1991 case to eleven years, as a Range I, standard offender. In 1996, a jury convicted the Defendant again of the sa... More...   $0 (02-17-2017 - TN)

Austin Myles Tomlin v. State of Tennessee

This case arises from a car accident involving a car that the Petitioner was driving while intoxicated that resulted in the death of his two passengers. The Petitioner pleaded guilty to two counts of vehicular homicide by intoxication. At the guilty plea hearing, the trial court ensured that the Petitioner understood the rights that he was waiving by entering pleas of guilt, that he understood t... More...   $0 (02-17-2017 - TN)

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