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Declaratory Judgment Law
 
STATE OF IOWA vs. JAZMOND TURNER

In the afternoon of October 20, 2014, Davenport Police Officer Bryant
Wayland pulled his patrol car into a gas station on Brady Street. He was
investigating reports of high school students fighting in the area. While parked,
Officer Wayland saw a gray Chevy Trailblazer pull into the station. The driver of
the Trailblazer did not get gas or enter the store. The driver circle... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. LORENZA CARTEZ JOHNSON

After a night of heavy drinking, K.R. awoke naked beside Johnson in his
bed. K.R. felt hung over and ill. Johnson said he had seen her at the bar, gave
her a ride to his place, she “threw up everywhere, but that it was okay, that he
cleaned [her] up.” K.R. was embarrassed but “didn’t remember anything.” The
pair then engaged in consensual sex acts before Johnson drove K.R. ... More...
   $0 (05-26-2016 - )

STATE OF IOWA vs. SHANEKA NASHEA ALEXANDER

On February 11, 2015, a jury found Alexander guilty of interference with
official acts inflicting bodily injury, an aggravated misdemeanor, and interference
with official acts, a simple misdemeanor. Both crimes constituted violations of
Iowa Code section 719.1 (2013).
Evidence presented by the State at trial established Alexander was
present when officers arrived at an ... More...
   $0 (05-26-2016 - IA)

JAMES LEE BLAIR vs. STATE OF IOWA

In 1982, Blair was convicted of first-degree murder and second-degree
theft. Our supreme court affirmed his convictions on direct appeal. See State v.
Blair, 347 N.W.2d 416, 418 (Iowa 1984). The denial of Blair’s first PCR
application, filed in 1984, was affirmed by this court. See Blair v. State, 492
N.W.2d 220, 221 (Iowa Ct. App. 1992).
In 2014, Blair filed his seco... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. JERRY RAY MATTHEWS

In 2008, Matthews and Natalie Baylark met and became romantically
involved. Over the next few years, Matthews and Baylark had two children
together and continued an on-again-off-again relationship. In the summer of
2013, Matthew and Baylark ended their relationship. In late December 2013,
Baylark allowed Matthews to stay in her apartment with the children for a week.
Ar... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. JEREMY LEE SCHROEDER

On February 14, 2013, conservation officers from the Iowa Department of
Natural Resources (DNR) executed a search warrant at Schroeder’s residence.
Schroeder’s adult son, who was living in Schroeder’s home at the time, was the
subject of the investigation. The DNR officers had been told Schroeder was
believed to be involved in the manufacturing of methamphetamine in a briefin... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. DALE D. MORROW JR.

Dale Morrow raises two issues in this appeal from his conviction for
possession of crack cocaine with intent to deliver. First, he argues the district
court wrongly granted the prosecutor’s motion to strike a potential juror for cause.
Because Morrow did not secure a ruling from the district court on the juror
challenge under Iowa Rule of Criminal Procedure 2.18(5)(k), he fa... More...
   $0 (05-26-2016 - IA)

MICHAEL CONNOR vs. STATE OF IOWA

Michael Connor pled guilty to two counts of third-degree sexual abuse and
one count of sexual exploitation of a minor based on his abuse of a foster child in
his home. The court sentenced him to ten years in prison on each count and
ordered the two sexual-abuse charges to run consecutively, but the exploitation
charge was ordered to run concurrently to the first sexual-abuse s... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. BENNIE JAMES LENOIR

In the summer of 2013, White was approached by officers from the
Burlington Police Department who were investigating a homicide. Although
White was not a suspect, the officers believed he might have some knowledge
useful to their investigation. During their meeting with White, the officers
discovered he was in possession of crack cocaine. Subsequently, they recruited
Wh... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. KIMBERLEE DON BLACK

Kimberlee Black challenges the restitution portion of his sentence after
pleading guilty to a felony drug offense. He argues the court improperly ordered
him to pay court costs for two charges dismissed as a part of his plea agreement.
Because Black did not expressly accept responsibility for those restitution
amounts, we remand for entry of a corrected judgment order vacatin... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. BRENNA LYN BETTS

On December 12, 2012, Betts was observed speeding by Officer Rafe
Albers. By the time Officer Albers was able to catch up to her vehicle, Betts had
parked her car in the parking lot of her apartment complex and exited her vehicle.
When the officer told her that she had been speeding and he needed her
identification, Betts argued that he could not cite her for speeding because... More...
   $0 (05-26-2016 - IA)

State of Missouri vs. Dyanthany Proudie,

Dyanthany Proudie (“Defendant”) appeals from the judgment entered after a jury
trial on his conviction for murder in the first degree. We affirm.
The sufficiency of the evidence at trial is not challenged on appeal. Viewed
favorably to the verdicts, it established the following.
On January 2, 2013, Ebony Jackson (“Victim”) was visiting St. Louis from
Oklahoma with her ... More...
   $0 (05-26-2016 - MO)

STATE OF LOUISIANA V. SKYLAR FRANK

Thomas Buxton discovered Defendant, then an Oakdale police officer, in his fifteen-year-old niece’s bedroom with his shirttail out and his pants-belt undone, hiding behind a door. Frank’s gun-belt was on the floor in the living room. The victim testified that Defendant asked her to lie about why he was on the premises. Specifically, she was to state that he was there to make his cousin Hesikiah Ha... More...   $0 (05-25-2016 - LA)

State of Louisiana v. Joseph Butler

In the late afternoon hours of December 21, 2012, Shreveport police
were dispatched to the Shreveport home of Carolyn Butler. When police
entered the home, they found the lifeless body of Butler’s boyfriend, Larry
Patterson, in the bedroom of Butler’s 36-year-old son, Joseph. Patterson
had been shot twice, including a fatal shot to the head. Carolyn Butler had
witnessed Patt... More...
   $0 (05-25-2016 - LA)

John Cantu, et ux v. Schlumberger

On February 23, 2011, John Cantu (“Cantu”) filed suit against
Schlumberger Technology Corporation (“Schlumberger”) for personal
injury damages allegedly arising from a fall at a well site in Red River
Parish. In the petition, Cantu alleged that on February 23, 2010, Cantu, a
truck driver, made a delivery of sand used in fracking operations to the well
site. While in the proce... More...
   $0 (05-25-2016 - LA)

Felix Javier Irizarry v. The State of Texas

The complainant, a seven-year-old boy, arrived at school one morning, crying. His teacher asked what was wrong, and the complainant responded that he had been physically disciplined. The teacher escorted the complainant to the school nurse, who examined the boy. Welts, bruising, and red marks were found on the complainant’s back. The nurse contacted Child Protective Services, suspecting that the c... More...   $0 (05-25-2016 - TX)

Paul Ray Desilets v. The State of Texas

Paul Ray Desilets filed appeals from the trial court’s order denying his
request for a judgment nunc pro tunc as related to his convictions on two counts of
intoxication assault in connection with the trial court’s judgment in cause number
08-12-11262-CR. Desilets’ notices of appeal reflect that his complaint concerns the
trial court’s alleged failure to properly credit him wit... More...
   $0 (05-25-2016 - TX)

Trenton Ray Sims v. The State of Texas

The State charged Sims with failing to register as a sex offender, a third-
degree felony. See Tex. Code Crim. Proc. Ann. art. 62.102(b)(2) (West Supp. 2015).1 The indictment alleged three prior felony convictions for failing to register
as a sex offender and one prior felony conviction for forgery as enhancements.
According to the language in the indictment, Sims’s punishment range... More...
   $0 (05-25-2016 - TX)

Cale Louis O'Pry v. The State of Texas

In 2013, O’Pry pleaded guilty to committing aggravated robbery. Based on
his plea, the trial court deferred adjudicating him guilty of that offense, and
instead, the court placed O’Pry on community supervision for a period of ten years.
Approximately two years later, on the State’s motion, the State asked that the trial
court revoke its community-supervision order, arguing that... More...
   $0 (05-25-2016 - TX)

Brandon Brown v. The State of Texas

Brandon Brown, appellant, has filed an interlocutory appeal from the trial court’s
February 26, 2016, order revoking his personal recognizance bond. In the State of Texas, a party
may appeal only that which the Texas Legislature has authorized. Galitz v. State, 617 S.W.2d 949,
951 (Tex. Crim. App. 1981). In the absence of legislation authorizing an appeal, appellate courts
l... More...
   $0 (05-25-2016 - TX)

Jacques Montrey Durham v. The State of Texas

On March 30, 2015, Appellant Jacques Montrey Durham was indicted for causing bodily
injury while committing theft of property. On January 16, 2016, Appellant filed a motion to quash
the indictment. The State moved to amend the indictment, and after a hearing, the trial court
granted the State’s motion on February 29, 2016. On March 23, 2016, Appellant filed a notice of
appea... More...
   $0 (05-25-2016 - TX)

Rafael Tellez Mendez v. The State of Texas

When D.R. was approximately five-years-old, her mother hired Mendez’s wife, Margarita
Mendez, to babysit D.R. while she worked in the evenings and early morning hours. One evening
D.R. told her mother that Mendez had “given her a massage” earlier that day, which she
demonstrated by rubbing her own genitals. After questioning D.R., D.R.’s mother believed
Mendez was sexually ab... More...
   $0 (05-25-2016 - TX)

Mario Jesus Ramirez v. The State of Texas

Mario Jesus Ramirez was convicted by a jury of murder and sentenced to life
imprisonment. On appeal, Ramirez contends the trial court erred in denying his motion for new
trial which asserted: (1) Ramirez was not allowed to testify during the punishment phase of trial;
and (2) jurors engaged in misconduct by sleeping through critical portions of the trial. We affirm
the trial ... More...
   $0 (05-25-2016 - TX)

STATE OF MONTANA v. BRIAN WELTY

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not
serve as precedent. Its case title, cause number, and disposition shall be included in this
Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana
Reports.
¶2 Brian Welty (Welt... More...
   $0 (05-24-2016 - MT)

Open Door Ministries v. Lipschuetz

In this case, Jesse Lipschuetz challenged the validity of a rooming and boarding
permit that the City and County of Denver (“the City”)1 issued to Open Door Ministries
(“Open Door”). Lipschuetz—who owns a property adjacent to Open Door’s property—
filed claims against the City and Open Door seeking revocation of the permit. Open
Door filed cross-claims against the City, seekin... More...
   $0 (05-24-2016 - CO)

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