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Declaratory Judgment Law
 
Patrick Lafferty v. Wells fargo Bank, N.A.

This is the third appeal that comes to us in this case, which arises out of Patrick
and Mary Lafferty’s purchase of a defective motor home from Geweke Auto & RV
Group (Geweke) with an installment loan funded by Wells Fargo Bank, N.A (Wells
Fargo).
In Lafferty v. Wells Fargo Bank (2013) 213 Cal.App.4th 545 (Lafferty I), this
court affirmed in part and reversed in part the actio... More...
   $0 (07-21-2018 - CA)

COMMONWEALTH vs. CARLOS SILVA

We recite the material facts in the light
most favorable to the Commonwealth. The defendant was charged,
inter alia, with multiple counts of indecent assault and battery
on a child under the age of fourteen, in violation of G. L.
c. 265, § 13B, as to four separate alleged victims; the
defendant was also charged with one count of rape of one of the
victims. As discu... More...
   $0 (07-20-2018 - MA)

STATE OF OHIO vs. TERRANCE TIMMONS, JR.

Appellant was indicted in the underlying cases for drug-related offenses occurring in
August and October 2016. Appellant entered guilty pleas to some of the charges, with the
remaining counts being nolled. He was sentenced to a total aggregate prison term on all three
cases of 14.5 years.
{¶3} In Cuyahoga C.P. No. CR-16-611004-A, appellant pled guilty to the following
c... More...
   $0 (07-20-2018 - OH)

State of Ohio v. Gregory Lee Skiles

This is an appeal brought by appellant from the judgment of the Lucas
County Court of Common Pleas. In this case, appellant was indicted on October 18,
2016, in case No. CR0201602924 on three counts. The grand jury charged appellant with
three violations of the Ohio Revised Code, each being a felony that occurred on
October 11, 2016, in Lucas County, Ohio. Count 1, a charged... More...
   $0 (07-20-2018 - OH)

State of Ohio v. Dana L. Wenner

On May 19, 2017, an indictment was issued against appellant for grand theft
in violation of R.C. 2913.02(A)(3), a felony of the fourth degree.
{¶ 3} The charge stemmed from appellant repeatedly lying to the victim, Bryan
Hoang, to obtain over $90,000. Specifically, appellant lied about her medical condition
and about needing money to pay her medical expenses, when in reality... More...
   $0 (07-20-2018 - OH)

State of Ohio v. Thomas A. Cousino

On March 6, 2017, 47-year-old Thomas Cousino was indicted on three
counts of rape, violations of R.C. 2907.02(A)(1)(a); one count of sexual battery, a
violation of R.C. 2907.03(A)(5); and one count of gross sexual imposition, a violation of
R.C. 2907.05(A)(1). These charges arose from Cousino’s sexual abuse of 17-year-old
foreign exchange student, Y.D., whom he and his wife ho... More...
   $0 (07-20-2018 - OH)

State of Ohio v. Cecil Little

The facts are not in dispute. Little was arrested in the city of Toledo on
October 31, 2015, for selling a controlled substance to an undercover police officer for
$2,000. After the sale, when the police attempted to arrest him, Little fled the scene by
car and eventually crashed. At the time of his arrest, the police confiscated two
additional bags of white powder, multiple... More...
   $0 (07-20-2018 - OH)

STATE OF OHIO -vs- GARY O. COMPTON

On April 9, 2017, Lonnie Shimer returned to his home near Dresden, Ohio, and discovered a stranger inside his garage. Mr. Shimer gave chase to the man, but he lost track of him. When Shimer returned to his home, he noticed that several items had been removed from the residence and put into the garage. Sheriff deputies investigated and obtained a jacket Shimer discovered at the house, which was... More...   $0 (07-20-2018 - OH)

STATE OF OHIO v. ISAIAH M. TUCKER

Defendant-appellant, Isaiah M. Tucker, appeals his conviction and sentence
for Count I, felonious assault (deadly weapon), in violation of R.C. 2903.11(A)(2), a felony
of the second degree; Count II, improperly discharging a firearm at or into a habitation, in
violation of R.C. 2923.161(A)(1), a felony of the second degree; and Count III, discharge
of a firearm on or near prohi... More...
   $0 (07-20-2018 - OH)

STATE OF OHIO v. ROBERT TAYLOR

On October 19, 2016, Taylor was indicted for one count of rape of a person
less than thirteen years of age in violation of R.C. 2907.02(A)(1)(b), a felony of the first
degree, and one count of disseminating material that is harmful to juveniles in violation
of R.C. 2907.31(A)(1), a misdemeanor of the first degree. Taylor pled not guilty to the
indicted charges.
{¶ 4} On... More...
   $0 (07-20-2018 - OH)

STATE OF OHIO v. CHRISTOPHER C. REMY

The State’s evidence at trial established the following facts. {¶ 4} In November 2012, Remy, who was then 24 years old, met his wife, Tamara; he moved in with her the following month. The two married in March 2013 and resided in the top half of a duplex in Springfield, Ohio. Tamara has three daughters from a prior relationship: D.C., J.C., and K.C. The girls were six, four, and almost three... More...   $0 (07-20-2018 - OH)

STATE OF OHIO vs. DRAKKAR HARRIS

Harris was charged with the 2014 robberies of two individuals in B
1403840. Harris pleaded guilty to those charges on February 6, 2015, and he remained
released on bond pending sentencing. While out on bond, Harris committed several other
offenses including the aggravated robberies and the felonious assault that were charged in
B-1501428.
{¶3} When Harris appeared on Ma... More...
   $0 (07-20-2018 - OH)

J.B. Hunt Transport, Inc., and Terry L. Brown, Jr. v. The Guardianship of Kristen Zak

On January 17, 2006, Zak was seriously injured when the car in which she was a passenger struck a semi tractor-trailer that had been wrecked approximately one hour earlier by Brown, a driver employed by Hunt. J.B. Hunt Transp., Inc. v. Guardianship of Zak, 58 N.E.3d 956 (Ind. Ct. App. 2016), trans. denied. On October 26, 2006, the Guardianship filed a complaint against the Appellants, alleg... More...   $0 (07-20-2018 - IN)

Rodger Blanco v. Federal Express Corporation, d/b/a FedEx Express, Justin Digby and Matthew Wainer

In 2014 a FedEx employee stole about $380,000 worth of gold coins and gold bars from a
package entrusted to FedEx for delivery. Almost two years later, the sender, Rodger Blanco,
sued FedEx for negligent investigation and conversion. FedEx moved for summary judgment,
which the district court granted principally because the contract of
carriage required Mr. Blanco to file suit wi... More...
   $0 (07-19-2018 - OK)

State of Iowa v. Sean Neal Delacy

Delacy pleaded guilty to sexual exploitation of a minor, in violation of Iowa
Code section 728.12(1) (2015), and lascivious acts with a child, in violation of
section 709.8(1)(a), both class “C” felonies. On April 25, 2016, he was sentenced
to a term of imprisonment not to exceed ten years on each count, to be served
consecutively. The court stated on the record, “The defenda... More...
   $0 (07-19-2018 - IA)

Roland Critchfield v. Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar District of Utah Federal Courthouse - Salt Lake City, Utah

Roland Critchfield slipped and fell on the wet, soapy bathroom floor of a
Buffalo Wild Wings Bar & Grill (“Buffalo Wild Wings”) in Sandy, Utah.
Critchfield brought suit against Blazin Wings, Inc. (“Blazin”), the parent
company of Buffalo Wild Wings, asserting injuries he suffered in the slip-and-fall
*This order and judgment is not binding precedent except under the
doctrines o... More...
   $0 (07-19-2018 - UT)

State of Iowa v. Prince Nyomah

Prince Nyomah entered Alford pleas1 to second-degree robbery and assault
while participating in a felony, among other things. He now appeals those two
convictions, arguing the convictions should have merged under the merger
doctrine, codified in Iowa Code section 701.9 (2017). That section provides:
No person shall be convicted of a public offense which is necessarily includ... More...
   $0 (07-19-2018 - IA)

Gary Clark v. Robert Colbert

This case involves an encounter between law enforcement and a
schizophrenic individual suffering a psychotic episode. Officers from the
Wagoner County Sheriff’s Department responded to a call from Gary Clark’s
brother, who was having troubling restraining him. The Sheriff’s Department, in
turn, requested help from the neighboring Broken Arrow Police Department. The
Broken Arrow... More...
   $0 (07-19-2018 - OK)

State of Iowa v. Wyatt K. Slinker

A man claimed Wyatt Slinker owed him money. Slinker told the man to get
out of his face, swung at him, and hit him. The man fell to the ground and
eventually died.
The State charged Slinker with involuntary manslaughter and assault
causing serious injury. See Iowa Code §§ 707.5(1)(a), 708.2(4) (2017). Slinker
pled guilty to involuntary manslaughter, and the State di... More...
   $0 (07-19-2018 - IA)

State of Iowa v. Michael Shawn Ball Enticing a minor, supplying alcohol to a minor, indecent exposure, and invasion of privacy.

A.G. was born in October 2000 and the acts she alleged to have occurred
were in and around May 2014. At the time, A.G. lived in Dubuque near L.B., who
lived with her father, Michael Ball,1 and her mother, Beth Ball. A.G. testified she
and L.B. “were like sisters” and they hung out together almost every day.
During the time at issue, A.G. had a personal cell phone with ov... More...
   $0 (07-19-2018 - IA)

WALTER REED vs. STATE OF IOWA and STATE OF IOWA DEPARTMENT OF TRANSPORTATION

A federal statute known as Title VI states, “No person in the United States
shall, on the ground of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.” See 42 U.S.C. § 2000d (2015). A
federal report cited the Department of Transpo... More...
   $0 (07-19-2018 - IA)

DON WYNGARDEN vs. STATE OF IOWA JUDICIAL BRANCH, JOHN WAUTERS, and BRUCE BUTTEL COURT OF APPEALS OF IOWA

Wyngarden, who was born in 1951, was employed as a juvenile court officer
(JCO) by the Iowa Judicial Branch.1 His immediate supervisor was Bruce Buttel
and Buttel’s supervisor was John Wauters. Wyngarden received an oral reprimand
in November 2007, which was not placed in his file. On October 9, 2008,
Wyngarden received a written reprimand based on Wauters’s determination More...
   $0 (07-19-2018 - IA)

Vincent McFadden v. State of Missouri

The detailed facts are set out in Mr. McFadden’s prior appeals and will be repeated here only insofar as they are relevant to his postconviction claims. On May 15, 2003, Eva Addison1 was at Maggie Jones’ house on Blakemore in Pine Lawn when Mr. McFadden arrived at the house with a friend.2 Eva and Mr. McFadden had a child together. When Mr. McFadden got out of the car, he kissed the child, ... More...   $0 (07-19-2018 - MO)

LOWELL CLYDE MILNER v. STATE OF MISSOURI Failing to register as a sex offender

Milner pleaded guilty to two counts of failing to register as a sex offender. The
circuit court sentenced Milner to four years’ imprisonment for each count to run
consecutively. The circuit court suspended execution of Milner’s sentence, and placed
him on five years’ probation. Subsequently, Milner’s probation was revoked, his
sentence was executed, and he was delivered to t... More...
   $0 (07-19-2018 - MO)

STATE OF OHIO - vs - GEORGE S. HUSTON

On October 4, 2016, two complaints were filed with the Clinton County Municipal Court charging Huston with burglary and attempted aggravated arson, both third degree felonies. As it relates to the complaint charging Huston with attempted aggravated arson, the complaint stated the following: Complainant being duly sworn states that George Sam Huston at 1079 SR 134 S Wilmington, Clinton County, ... More...   $0 (07-19-2018 - OH)

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