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Declaratory Judgment Law
 
UNITED STATES OF AMERICA v. JEREMY LAWRENCE

On June 21, 2013, Detective Michael Reynolds ("Detective
Reynolds"), saw a black sedan traveling at a rapid rate of speed
on Union Street in Braintree, Massachusetts. Union Street is a
secondary, two-lane road, with each lane going in opposite
directions. The road is, for the most part and in the area relevant
to this case, divided by a solid yellow line and framed by wh... More...
   $0 (01-17-2017 - MA)

UNITED STATES OF AMERICA, APPELLEE v. NIZAR BEN ABDELAZIZ TRABELSI, ALSO KNOWN AS NIZAR BEN ABDELAZIZ TRABELSI, ALSO KNOWN AS ABU QA'QA

Nizar Trabelsi is a Tunisian national convicted in Belgium for a variety of crimes, including attempting to destroy a military base. While Trabelsi was serving his sentence for his convictions in Belgium, a grand jury in the United States indicted Trabelsi with various conspiracy and terrorism offenses. The United States requested that Belgium extradite Trabelsi. Trabelsi challenged that reque... More...   $0 (01-17-2017 - DC)

DAVID KEITH GRIFFITH v. STATE OF FLORIDA

After entering a nolo contendere plea to a six-count information, David Griffith
appeals his judgments and sentences for one count of soliciting a child for unlawful sexual
conduct using computer services or devices (count 1), and one count of traveling to meet
a minor for illegal sexual conduct (count 2). Griffith contends that these two convictions
violate the prohibition ag... More...
   $0 (01-17-2017 - FL)

TERRY BESS v.STATE OF FLORIDA

Terry Bess (the defendant) appeals his judgment and sentence, entered by the
trial court after a jury found him guilty of committing a lewd or lascivious battery. Because
the State properly concedes that the trial court erred in failing to conduct a Richardson1
1 Richardson v. State, 246 So. 2d 771 (Fla. 1971) (providing that, when a disco... More...
   $0 (01-17-2017 - FL)

State of Tennessee v. William Rolandus Keel

The Davidson County Grand Jury charged the defendant with two counts of rape of a child. The trial court conducted an initial jury trial in March 2015, which resulted in a hung jury and a mistrial. In the second trial in December 2015, the defendant elected to proceed pro se with the assistance of elbow counsel.

The State‟s proof at trial showed that the victim, V.S.,1 was bor... More...
   $0 (01-17-2017 - TN)

State of Tennessee v. Adolphus L. Hollingsworth

On August 18, 1997, the twenty-eight-year-old victim, Victoria Witherspoon Carr Hollingsworth, disappeared from her parents‟ home in Chattanooga, Tennessee. On June 5, 1999, her body was discovered. No suspects were indicted in the initial investigation of the victim‟s murder. Seventeen years after the victim‟s disappearance, in January 2014, the production company for the tel... More...   $0 (01-17-2017 - TN)

State of Tennessee v. William Henry Smith, Jr.

A Bedford County grand jury indicted the Defendant for conspiracy to sell and deliver a Schedule II drug. At trial, the parties presented the following evidence: Jose Ramirez, a Marshall County Sheriff’s Department deputy, testified that he was assigned to the 17th Judicial District Drug Task Force. During the course of his work with the Task Force, Agent Ramirez became familiar with the Defend... More...   $0 (01-16-2017 - TN)

State of Tennessee v. Jeffery Gordon Layhew

This case arises from the Defendant hitting a bicycle ridden by Floyd Cassista, the victim, at approximately 6:00 p.m. on December 14, 2014. While the Defendant was on bail for this offense, he was arrested on two separate occasions for DUI. Also while on bail, the Defendant was subject to having an alcohol ankle monitoring device, SCRAM, on his ankle. He cut the SCRAM alcohol monitor off his a... More...   $0 (01-16-2017 - TN)

Joseph Brennan, et al v. Board of Parole For The State of Tennessee

In January 2009, Joseph Brennan pleaded guilty to two counts of attempted rape of a child.1 He was sentenced to serve ten years, consecutively, for each count of attempted rape for an effective sentence of twenty years, with a release eligibility of thirty percent. Mr. Brennan began serving his sentence on April 3, 2009.

On March 26, 2013, a Tennessee Board of Parole hearing officer co... More...
   $0 (01-16-2017 - TN)

Craig Nesbitt v. State of Indiana

In May 2015, Brandon McClendon, Andreas Wells, and Terrell Gordon shared
an apartment in Indianapolis. On the morning of May 26, McClendon was
getting ready for work while Wells was asleep and Gordon was in the
bathroom. As McClendon opened his apartment door to leave, two males
brandishing guns pushed their way into the apartment and grabbed McClendon
by his shirt. One... More...
   $0 (01-16-2017 - IN)

State of Wisconsin v. Patrick K. Kozel

On August 20, 2013, at about 2:10 a.m., while "sitting
stationary" at the Greenfield Town Hall in Sauk County,
Wisconsin, Deputy Brian Slough ("Deputy Schlough") of the Sauk 2 All subsequent references to the Wisconsin Statutes are to the 2011-12 version unless otherwise indicated.
County sheriff's department allegedly observed a veh... More...
   $0 (01-16-2017 - WI)

Tomeka Cherrie Battles v. The State of Texas

Appellant and her fiancé Ron Gordon were entertaining several of appellant’s cousins and one of Gordon’s friends at their apartment on the evening of June 15, 2013. At some point late in the evening, Gordon told appellant that it was time for the guests to leave. An argument ensued between appellant and Gordon, but the situation was defused and the guests left. Appellant and Gordon resumed their... More...   $0 (01-15-2017 - TX)

The State of Texas v. Zachary Jess Dintelman

The State secured an indictment alleging that Dintelman committed the offense of
driving while intoxicated on or about August 8, 2014 in Nueces County. See id.
§ 49.04(a). The indictment further alleged that Dintelman had been twice convicted of an
offense related to operating a motor vehicle while intoxicated in Missouri, elevating the
charged offense to a third-degree felon... More...
   $0 (01-15-2017 - TX)

Rudolph Chestang, III v. The State of Texas

On June 15, 2016, Appellant was detained for attempted murder and prohibited substance in a correctional facility. The trial court set bond at $125,000 for attempted murder and $25,000 for the prohibited substance offense. On September 13, Appellant filed an application seeking a bail reduction or personal recognizance bond. On September 22, the trial court held a hearing to consider a “writ of... More...   $0 (01-15-2017 - TX)

United States of America v. Jennifer Choi

Los Angeles, CA - Former Manager at HBO Sentenced to 30 Months in Federal Prison

A San Fernando Valley woman who pleaded guilty to three felony charges stemming from a scheme in which she submitted fraudulent bills and illegally collected approximately $1 million from HBO was sentenced to 30 months in federal prison.

Jennifer Choi, 39, of Valley Village, who formerly worked as ma... More...
   $0 (01-15-2017 - CA)

Richard Garcia v. The State of Texas

In his first issue, Garcia contends that the evidence is legally insufficient to
establish that the protective order was issued at a proceeding that he attended. We
disagree.
A. Applicable Law
In reviewing the sufficiency of the evidence to support a conviction, we view all
of the evidence in the light most favorable to the prosecution to determine whether any
ration... More...
   $0 (01-15-2017 - TX)

Bobby Raymond Anderson v. The State of Texas

On November 15, 2012, an indictment issued in Cause Number 10,930 alleging
Appellant had engaged in the continuous sexual abuse of M.A.,5 a child younger than
seventeen years of age.6 That same day, a second indictment issued in Cause Number
10,931 alleging Appellant had committed ten separate acts of indecency with a child.
The ten-count indictment alleged Appellant intentio... More...
   $0 (01-15-2017 - TX)

Nitin Gupta v. The State of Texas

After the trial court denied appellant Nitin Gupta’s motion to suppress based on a
warrantless search, he pleaded guilty to driving while intoxicated. The trial court set punishment
at five days’ confinement in county jail. On appeal, Gupta argues the trial court erred by
denying his motion to suppress because neither the community caretaking function exception nor
reasonable... More...
   $0 (01-14-2017 - TX)

Domonique Laray Pickens v. The State of Texas

On February 7, 2015, Pickens was arrested for manslaughter. While on bond on the
manslaughter charge, Pickens was arrested for UCW on June 15, 2015. Pickens entered open
–2–
pleas of guilty to both charges on December 21, 2015. In each plea agreement, a box is checked
beside the statement:
I understand that I do not have a right to appeal to the Court of Appeals if the... More...
   $0 (01-14-2017 - TX)

Selvin Santos-Hernandez v. The State of Texas

While driving down a road in Grand Prairie on February 17, 2013, appellant and his wife
Destinee began arguing. Appellant was driving. The couple’s six-month-old baby was in a
1 The Hon. Martin Richter, Justice, Court of Appeals, Fifth District of Texas at Dallas, Retired, sitting by assignment.
–2–
carseat in the back seat of... More...
   $0 (01-14-2017 - TX)

Malik Jahunn Craver v. The State of Texas

A jury convicted Malik Jahunn Craver of robbery, and the trial court assessed punishment
at twenty years’ imprisonment. In two issues, appellant contends the trial court’s judgment
should be modified to show there was no plea bargain agreement and that the trial court assessed
the punishment. The State responds the issues are moot because the clerk supplemented the
record wit... More...
   $0 (01-14-2017 - TX)

Eden Consuelo Amaya v. The State of Texas

In 2013, Appellant, Eden Consuelo Amaya, received seven years’ deferred adjudication
community supervision for two charges of aggravated robbery with a deadly weapon and one
charge of injury to a child. Two years later, the State filed a motion to revoke in each case
alleging that appellant had violated terms and conditions of his community supervision.
Appellant pleaded true t... More...
   $0 (01-14-2017 - TX)

Luis Rocha v. The State of Texas

A jury convicted appellant Luis Rocha of assault of a family or household member, and
the trial court assessed punishment at forty years’ imprisonment.1 In a single issue, Rocha argues
the trial court abused its discretion by allowing in evidence of three extraneous bad acts, and the
admission of such evidence resulted in harm. We affirm the trial court’s judgment.
Rocha and... More...
   $0 (01-14-2017 - TX)

Harlan Wayne Routon v. The State of Texas

Because appellant does not challenge the sufficiency of the evidence to support the acts
of sexual abuse he committed against S.R., we provide only a limited recitation of the underlying
facts. TEX. R. APP. P. 47.1. S.R. and appellant, her grandfather, had a close relationship. She
and her sister regularly spent time at their grandparents’ home in Wylie. When S.R.’s parents
... More...
   $0 (01-14-2017 - TX)

Benjamin James Fox v. The State of Texas

Fox is A.F.’s father. At the time of the offense, Fox was married to A.F.’s mother. One
evening, she discovered Fox and A.F. standing nude in the bathroom together. According to A.F.’s
mother, Fox was standing in front of A.F. with his boxers slightly lowered, and he leaned over to
kiss A.F. A.F.’s mother asked them what was going on, and Fox explained he was going to use
t... More...
   $0 (01-14-2017 - TX)

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