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Declaratory Judgment Law
 
Faderick D. Riley v. State of Indiana COURT OF APPEALS OF INDIANA

On May 17, 2017, Riley pleaded guilty to resisting law enforcement, as a Level
6 felony. Pursuant to his plea agreement, the trial court sentenced Riley to two
years suspended to probation. About a week later, the State filed a petition to
revoke Riley’s probation based on another, subsequent charge of resisting law
enforcement. Riley admitted to the alleged probation violat... More...
   $0 (05-19-2018 - IN)

State of Wisconsin v. Shaun M. Sanders

Sanders raises a single issue for our review: do
circuit courts possess statutory competency3 to proceed in
criminal matters when the adult defendant was charged for
conduct he committed before his tenth birthday?
¶3 We hold that circuit courts possess statutory
competency to proceed in criminal matters when the adult
defendant was charged for conduct he committed ... More...
   $0 (05-19-2018 - WI)

State of Wisconsin v. DeAnthony K. Muldrow

A defendant who enters a
guilty plea waives numerous constitutional rights. State v.
Bangert, 131 Wis. 2d 246, 270, 389 N.W.2d 12 (1986).
Accordingly, "[u]nder the Due Process Clause of the Fourteenth
Amendment to the United States Constitution,[1] a defendant's
1 The Due Process Clause of the Fourteenth Amendment to the U... More...
   $0 (05-19-2018 - WI)

ANTHONY R. BORKOVEC vs. DISH NETWORK CORPORATION and GALLAGHER BASSETT SERVICES, INC

On July 26, 2009, a drunk driver crossed the centerline and hit Borkovec’s
vehicle head-on. The crash resulted in significant work-related injuries to Borkovec
and killed the other driver’s son. Borkovec’s right femur, patella of his right knee,
and right heel bone were fractured; he suffered contusions to his chest, broken
ribs, and nerve damage in his right knee and foot. ... More...
   $0 (05-19-2018 - IA)

STATE OF IOWA vs. RYAN BARNHARDT Barnhardt Sentenced to 205 Years in Prison

Ryan Barnhardt appeals from the judgment and sentence entered following
his convictions on ten counts of sexual abuse, which the State brought against him
after five children alleged that Barnhardt had engaged in sex acts with them.
I. Expert Witness Testimony.
Barnhardt first contends the district court erred by allowing testimony from
the State’s expert witness tha... More...
   $0 (05-19-2018 - IA)

STATE OF IOWA vs. BRANDON CHRISTIAN ELLIOTT

Brandon Elliott pleaded guilty to assault causing bodily injury, in violation of
Iowa Code section 708.2A(5) (2015). Elliott timely filed a motion in arrest of
judgment, seeking to withdraw his guilty plea on the ground his guilty plea was not
voluntary and lacked a factual basis. Specifically, Elliott contended he felt pressure
to plead guilty because he was going to be arre... More...
   $0 (05-19-2018 - IA)

Tommy Dowdy and Sharon Morris-Dowdy v. Metropolitan Life Insurance Company Northern District of California Federal Courthouse - San Francisco

In 2014, Appellant Tommy Dowdy suffered a serious
injury to his left leg as the result of an automobile accident.
His leg was eventually amputated below the knee. Mr.
Dowdy and his wife, Sharon Morris-Dowdy, sought
accidental dismemberment benefits under an employee
welfare benefit plan governed by the Employee Retirement
Income Security Act of 1974 (“ERISA”). Appellee
... More...
   $0 (05-19-2018 - CA)

Michael Easley; Stephania Session v. City of Riverside; Sergio Diaz; Silvio Macias Central District of California Federal Courthouse - Riverside, California

On December 22, 2011, Michael Easley (“Easley”) was shot three times by Officer Silvio Macias (“Macias”) following a traffic stop. Based on his resulting injuries, which include permanent physical disability and paralysis, Easley filed this action alleging that Macias violated 42 U.S.C. § 1983 through the use of excessive force. The district court sua sponte ordered an evidentiary hearing regardin... More...   $0 (05-19-2018 - CA)

Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

ANTHONY DONTE RICHARDSON vs. STATE OF IOWA

Anthony Richardson appeals the denial of his application for postconviction
relief (PCR). In rejecting his claims of ineffective assistance of counsel, the district
court observed that Richardson received “a very beneficial plea” as a result of his
attorney’s negotiations with the prosecution. On appeal, Richardson insists his
attorney was ineffective in failing to secure Ric... More...
   $0 (05-18-2018 - IA)

STATE OF IOWA v.TIMOTHY ROGER SCHROEDER

At about 7:00 a.m. on January 9, 2015, Nicole Gray’s seventeen-year-old
neighbor entered Gray’s home to care for her pets while Gray and her children
were out of the country. The minor found Gray’s boyfriend, Dustin Wilder, lying
face down in a pool of blood in the kitchen and unresponsive.
Emergency response personnel were called and determined Wilder was
deceased. L... More...
   $0 (05-18-2018 - IA)

STATE OF IOWA vs. NORMAN WADSWORTH

Norman Wadsworth suffered from schizophrenia for decades and received
no treatment. He had a contentious relationship with the manager at his apartment
complex, Darlene Crook, who he believed was part of a government conspiracy to
kill him. Eventually, Wadsworth was evicted from his apartment. After being
homeless for several months, Wadsworth tried to take a bus to a motel.... More...
   $0 (05-18-2018 - IA)

STATE OF MISSOURI vs. EDWARD K. SHIGEMURA MISSOURI COURT OF APPEALS

Edward K. Shigemura (“Shigemura”) appeals from the trial court’s judgment following a jury verdict of guilty on four counts of possessing a controlled substance and one count of drug trafficking. On appeal, Shigemura raises three points. In his first two points, Shigemura contends the State presented insufficient evidence to support the jury’s verdict regarding the drug trafficking and the dru... More...   $0 (05-18-2018 - MO)

STATE OF LOUISIANA VERSUS DEXTER ALLEN

On July 30, 2015, a Jefferson Parish Grand Jury indicted defendant, Dexter
Allen, on two counts of second degree murder (counts one and two), violations of
La. R.S. 14:30.1, and 21 counts of simple burglary (counts five through 23), in
violation of La. R.S. 14:62.1 Defendant pled not guilty at his arraignment on
September 11, 2015. On October 11, 2016, the matter proceeded to... More...
   $0 (05-18-2018 - )

STATE OF LOUISIANA VERSUS GERMAINE GUMMS Fifth Circuit Court of Appeal

On July 21, 2014, the Jefferson Parish District Attorney charged defendant,
Germaine Gumms, by two separate bills of information, with possession of
methamphetamine, a felony, in violation of La. R.S. 40:967(C), in district court
case number 14-3778, and possession of synthetic cannabinoid, a misdemeanor, in
violation of La. R.S. 40:966(C), in district court case number 14-3779... More...
   $0 (05-18-2018 - LA)

CHARLES W. GETTYS, JR. AND TAMMY ABIDE Vs. WILLIAM G. GETTYS, FLOELLEN SANCHEZ-RICKARD, VICTORIA FOGHT VIRGA AND MICHAEL VIRGA Louisiana Circuit Courts of Appeal

On December 15, 2004, the trial court signed a judgment of possession in
the Succession of Florence Schmit Gettys Sanchez, which awarded Plaintiffs
Appellees, Charles W. Gettys, Jr. (“Charles”) and Tammy Abide (“Tammy”)
(collectively “Plaintiffs-Appellees”) and Defendants-Appellants, William G.
Gettys (“William”), Floellen Sanchez-Rickard (“Floellen”), Victoria Foght Virga,
... More...
   $0 (05-18-2018 - LA)

STATE OF LOUISIANA Vs. REGINALD WILLIAMS Louisiana Circuit Courts of Appeal

Reginald Williams (“Williams”) and two others - Alonzo Walton and Lester
R. Allen - were charged with the March 16, 1980 first degree murder of Charles
Millet, a violation of La. R.S. 14:30. Williams was a minor on the date of the
murder. On August 28, 1980, a jury found Williams guilty as charged. He was
sentenced to life imprisonment without benefit of parole, probation, o... More...
   $0 (05-18-2018 - LA)

Michael Benaroya v. Bruce Willis

Benaroya Pictures (Benaroya) contracted with Westside
Corporation (Westside) to pay the well-known actor Bruce Willis, the
2
president of Westside, to perform in a movie to be produced by
Benaroya. After a dispute arose regarding Willis’ payment, Willis and
Westside (collectively respondents) commenced arbitration proceedings
against Benaroya, pursuant to the arbitration c... More...
   $0 (05-18-2018 - CA)

STATE OF LOUISIANA V. JOSEPH MORGAN Louisiana Circuit Courts of Appeal

On May 29, 2008, the Defendant1 was indicted with the second degree
murder of Gervais Nicholas.2 He pled not guilty at arraignment. After a four-day
trial, a twelve-person jury found the Defendant guilty as charged.3 The trial court
denied the Defendant‟s motion for new trial and granted an appeal. Subsequently,
the Defendant was sentenced to life in prison with the p... More...
   $0 (05-17-2018 - LA)

Tammy Gates v. Commissioner, Social Security Administration Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

Tammy Gates appeals from the judgment of the district court1 upholding the
denial of her application for Social Security disability benefits. We affirm.

Gates applied for disability-insurance benefits based on urinary incontinence
and pain in her neck, back, and arm. During the application process, Gates’s treating
physician, Dr. Charles Davidson, submitted a letter explaining... More...
   $0 (05-17-2018 - AR)

Cameron William Barela v. The State of Texas

In October 2014, Barela, a licensed peace officer in the State of Texas, went
to Z Auto Place in Katy to purchase a car for $15,000. Jorge Ibarra was the sales
manager of Z Auto Place that worked with Barela. At the time Barela attempted to
buy the car, Ibarra understood that Barela worked for the City of Onalaska Police
Department as well as worked other part-time jobs, to whi... More...
   $0 (05-17-2018 - TX)

Rodney Sanchez Lopez v. The State of Texas Texas Eighth District Court of Appeals

Lopez was charged with possession with intent to deliver heroin (four grams or more, but
less than 200 grams).1 A jury found him guilty and Lopez was sentenced to fifteen years’
imprisonment. Lopez appeals his conviction based on the trial court’s denial of his (1) motion for
continuance of the trial, and (2) motion to suppress.
The Stop
On July 19, 2013, Trooper John Da... More...
   $0 (05-17-2018 - TX)

Edward Tobey v. Brenda Chibucos and Mary Stanton Northern District of Illinois Courthouse - Chicago, Illinois

One man’s extradition is another
man’s “kidnapping.” Edward Tobey, the plaintiff here, has
three state-court convictions (one in Illinois and two in Florida)
for possession of child pornography. Tobey also has a penchant
for resisting the conditions of probation placed upon him
2 Nos. 16-3927 & 16-4037
by courts and by his probation officer. In 2013, his tussles with
th... More...
   $0 (05-17-2018 - IL)

Charles E. Yeager v. Peter Holt

Defendants Peter Holt, Holt Law Firm, and Bethany Holt (collectively Holt,
except as noted) appeal from an order denying their special motion to strike (also known
as an anti-SLAPP--Strategic Lawsuit Against Public Participation--motion).1
Peter Holt
and his law firm briefly represented Charles E. and Victoria Yeager (collectively Yeager,
except as noted) and successfully sued... More...
   $0 (05-17-2018 - CA)

James Henry Johnson v. The State of Texas Court of Appeals Seventh District of Texas at Amarillo

Appellant, James Henry Johnson, was placed on community supervision in May
of 2016, for a period of ten years for the offenses of aggravated assault of a public servant
with a deadly weapon (count 1) and evading arrest with a motor vehicle (count 2).
Appellant’s terms and conditions of community supervision required him to reside at the
33rd and 424th Judicial District Interme... More...
   $0 (05-16-2018 - TX)

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