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Declaratory Judgment Law
 
MICHAEL RICHARD LONG v. STATE OF FLORIDA

After a remand for resentencing in two 1992 circuit court cases, numbers
92-CF-5714 (case 5714) and 92-CF-5816 (case 5816), see Long v. State, 114 So. 3d
1096, 1099 (Fla. 2d DCA 2013), Michael Richard Long appeals his amended sentences
entered in 2014. In case 5714, Long was resentenced on seven convictions that arose
from an armed home invasion robbery and kidnapping, includi... More...
   $0 (08-29-2016 - FL)

John Joachin vs. The State of Florida

John Joachin appeals from a judgment and sentence following a probation
revocation hearing. The trial court revoked Joachin’s probation after a full
evidentiary hearing in which the trial court articulated its reasoning in some detail
(including which conditions of probation Joachin violated). However, the trial
court failed to render a written order of revocation. We conclude ... More...
   $0 (08-28-2016 - FL)

SAMUEL MEDRANO v. STATE OF FLORIDA

Appellant’s residence was searched with consent as part of an investigation of stolen property. The searching detective found a utility trailer which had been stolen from a carport attached to the victim’s Okeechobee house, which the victim periodically used as her dwelling. The carport shared one wall with the house. It also had a back wall, and was supported in the opposite corner by a post. ... More...   $0 (08-28-2016 - FL)

OWEN GRANGE v. STATE OF FLORIDA

We deny appellant’s motion for rehearing and certification, but grant his motion for written opinion. We affirm the denial of his post-conviction motion and address solely his Sixth Amendment claim.
Appellant was convicted of armed burglary of a structure with actual possession of a firearm, robbery with a firearm and aggravated battery with great bodily harm. The convictions followed a ... More...
   $0 (08-28-2016 - FL)

Scott Mansfield v. State of Florida

This case is before this Court on appeal from an order denying Scott
Mansfield’s motion to vacate a judgment of conviction of first-degree murder and
a sentence of death under Florida Rule of Criminal Procedure 3.851. We have
jurisdiction. See Art. V, § 3(b)(1), Fla. Const. For the reasons below, we affirm.
Mansfield was convicted of the first-degree murder of Sara Robles ... More...
   $0 (08-28-2016 - FL)

Cortez Hatten v. State of Florida

Hatten was charged by amended information with five counts: count I,
murder in the second degree of Kenneth Moran; count II, attempted second-degree
murder of Ja’Tavrious McCray; count III, attempted second-degree murder of
Anthony Chavers, Jr.; count IV, aggravated assault with a firearm of Reshard
Jackson; and count V, possession of a firearm by a convicted felon. After tri... More...
   $0 (08-28-2016 - FL)

State of Tennessee v. Obada D. Abujaber

On November 5, 2013, the defendant and his girlfriend, victim Shacara Tinsley, went to an apartment on Park Ridge Drive in Jackson, Tennessee. Alisha Harley, Ms. Tinsley‟s mother, and Zachary Harley, Ms. Tinsley‟s brother, lived in the apartment and were home. Ms. Tinsley‟s eight-year old daughter, A.T.,1 who stayed in the apartment with her grandmother while her mother went to w... More...   $0 (08-27-2016 - TN)

State of Tennessee v. Guary L. Wallace

Shalanda Palmer was working at the Dollar Store in Friendship on May 18, 2012. At approximately 8:51 p.m., Craig Barbee entered the store. He approached Ms. Palmer and asked if there were any headscarves in the store. Ms. Palmer directed him to the aisle where they were located, and Barbee left the store. Approximately twenty minutes later, he returned wearing a mask and carrying a gun. Barbe... More...   $0 (08-27-2016 - TN)

Dameco Brent v. State of Indiana

On June 6, 2007, Brent pled guilty to Class B felony dealing in cocaine, cause
number 34D01-0606-FA-458 (“FA-458”). The trial court sentenced Brent to a
seventeen-year term of incarceration with ten years to be executed and seven
suspended to probation. On April 11, 2014, Appellee-Plaintiff the State of
Indiana (“the State”) charged Brent with Class D felony intimidation and ... More...
   $0 (08-27-2016 - IN)

William Verlin Martz v. State of Indiana

Mark Gilland (Gilland) owned a parcel of property located at 503 East Race
Street in Eaton, Delaware County, Indiana (Property). Although Gilland did
not personally live on the Property, he kept a substantial number of his
possessions in a pole barn on the Property. The Property also contained several
other outbuildings and a small cabin in which his nephew, Greg Gilland (Gre... More...
   $0 (08-27-2016 - IN)

D.T. v. State of Indiana

On May 12, 2015, Morgan Edwards was working as a technician at a CVS
pharmacy in Indianapolis. At approximately 11:56 a.m., an African-American
male wearing a black hoodie with the hood up walked up to the pharmacy
counter and began knocking his knuckles against the counter to get Edwards’
attention. Edwards walked to the counter and said, “Can I help you?” Tr. at
15. T... More...
   $0 (08-26-2016 - IN)

Dorothy Williams v. State of Indiana

Around 6:00 a.m. on November 21, 2014, six to ten officers of the Michigan
City Police Department went to Williams’ residence on Highland Avenue to
serve an arrest warrant on Robert Sanders, Jr. Sanders is Williams’ brother,
and, according to his driver’s license records, Sanders lived at Williams’
residence. Williams’ minor niece, V.G., also lived at that residence, as did <... More...
   $0 (08-26-2016 - IN)

Freddie Rhodes v. State of Indiana

Brenda Marsh and her husband lived in Goshen with Brenda’s children,
Daosha, Laqwela, ZaCarra, Zameishia, and Dramar, Laqwela’s boyfriend,
Norman Gray, and their baby, Daosha’s child, and Brenda’s brother, Joe. The

1 Rhodes’s statement of the facts is merely a detailed recitation of the statement of the case. Rhodes fails to discuss... More...
   $0 (08-26-2016 - MN)

State of Missouri v. Darius Hall

On April 9, 2012, Sergeant Kelly Fisher ("Sergeant Fisher") was surveilling a silver
Mustang—listed on the St. Louis Metropolitan Police Department's "hot sheet" as a stolen
vehicle. To stop the vehicle, officers deployed spike strips to deflate its tires. Three tires were
punctured, and the vehicle stopped in the middle of the street. Sergeant Fisher pulled up to the
vehicl... More...
   $0 (08-26-2016 - MO)

State of Missouri vs. Tyrone Taylor

Appellant Tyrone Taylor (“Taylor”) appeals from the judgment of the trial court finding Taylor guilty of one count of second-degree murder and one count of armed criminal action for the death of Antoine Bryant (“Bryant”). On appeal, Taylor contends there was insufficient evidence to support a guilty verdict, that the trial court erred in allowing emotional testimony of the victim’s mother that wa... More...   $0 (08-26-2016 - MO)

Daniel K. McKay vs. State of Missouri

A jury convicted Daniel McKay (“McKay”) on two counts of selling a controlled substance and one count of possession of a concealed firearm. We affirmed the trial court’s judgment on direct appeal. McKay now appeals the motion court’s denial of his Rule 29.15 motion for postconviction relief without an evidentiary hearing. On appeal, McKay claims that the motion court clearly erred in denying hi... More...   $0 (08-26-2016 - MO)

State of Missouri vs. Amanda N. Bazell

Amanda Bazell (Defendant) was convicted of burglary and four counts of stealing
for breaking into two residences and stealing numerous items of property from each. On
appeal, she challenges her convictions for two counts of felony stealing that arose from
the theft of two firearms, which she stole in the course of one burglary, as a violation of
her right to be free from doubl... More...
   $0 (08-25-2016 - MO)

STATE OF LOUISIANA V. GREGORY J. GRANT, JR.

On April 14, 2015, the defendant, Gregory Grant, was charged with one
count of possessing a firearm having been previously convicted of a domestic
abuse battery, in violation of La. R.S. 14:95.10. The bill of information under La.
R.S. 14:95.10 was predicated upon the defendant’s March 10, 2014 guilty plea to
domestic abuse battery relative to La. R.S. 14:35.3, a misdemeanor. ... More...
   $0 (08-25-2016 - LA)

Bryan Garner v. The State of Texas

Garner is Rachel’s2 father. Garner and Michelle—Rachel’s mother and
Garner’s wife—had their parental rights terminated when Rachel was a “very
young child.” After their rights were terminated, Susan—Michelle’s mother and
Rachel’s grandmother—took custody of Rachel.
Rachel testified3 that the first time she was sexually abused by Garner she
was three years old and liv... More...
   $0 (08-25-2016 - TX)

Michael Roseberry v. The State of Texas

In April 2010, about eight months after the trial court placed Appellant on
DACS, the State filed a motion to adjudicate his guilt, alleging several violations
of the conditions of DACS. More than six months later, in November 2010, the
trial court chose not to revoke Appellant’s DACS and instead extended it for an
additional year, requiring that Appellant also plead true to t... More...
   $0 (08-24-2016 - TX)

John W. Terry v. State of Ohio

This case presents serious questions concerning the role of the Fourth Amendment in the confrontation on the street between the citizen and the policeman investigating suspicious circumstances.

Petitioner Terry was convicted of carrying a concealed weapon and sentenced to the statutorily prescribed term of one to three years in the penitentiary. 1 Following the denial of a pret... More...
   $0 (08-24-2016 - OK)

Peter L. Vasquez v. Dax K. Lewis; Richard Jimerson

This case asks us to determine whether, under the totality of circumstances,
Kansas Highway Patrol Officers Richard Jimerson and Dax Lewis (the “Officers”)
had reasonable suspicion to detain and search the vehicle of Peter Vasquez. In
particular, this case presents the question of what weight to afford the state
citizenship of a motorist in determining the validity of a search. Vas... More...
   $0 (08-24-2016 - KS)

Hugo Rosario Gutierrez-Barizula v. Loretta E. Lynch

We recently confronted the thorny problem what to do when an executive
agency, exercising delegated legislative authority, seeks to overrule a judicial
precedent interpreting a congressional statute. In our constitutional history, after
all, judicial declarations of what the law is haven’t often been thought subject to
revision by the executive, let alone by an executive endowed wi... More...
   $0 (08-24-2016 - OK)

Noice v. BNSF Ry. Co.

In January of 2009, Noice was conducting a BNSF train traveling from Clovis
4 to Belen. The train was pulled by four locomotives. At some point around 6:00 p.m.,
5 Noice ceded operation of the train to his assistant, John Royal. Noice exited the lead
6 locomotive and proceeded rearwards. Before leaving the lead locomotive, however,
7 Noice instructed Royal to “start pulling o... More...
   $0 (08-24-2016 - NM)

UNITED STATES OF AMERICA v. ERIC STEVENSON

From 2011 until 2013, Stevenson was a Member of the New 12
York State Assembly as a representative of District 79 in the Bronx.  13
In March 2012, federal law enforcement officers began investigating 14
his interactions with a group of individuals (the “Businessmen”) 15
who were seeking assistance in opening and operating adult daycare 16
centers in the Bronx.  For the nex... More...
   $0 (08-23-2016 - NY)

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