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Detainer Law
 
Willie Crockett vs State of Florida

We deny both the State’s motion for rehearing and the State’s motion to
supplement the record. Our denial of the State’s motion for rehearing is based on
our original opinion; we write only to comment on the State’s attempt to
supplement the record with evidence that was not presented to the trial court. The
State sought to supplement the record with proof that it had entered a... More...
   $0 (01-21-2017 - FL)

HILLARD A. FULGHAM, II, v. STATE OF OKLAHOMA

On January 4, 2006, police found Dorothy Lindley and Linda Wright stabbed to death in Ms. Lindley's apartment at the Warwick Apartments in Tulsa. Ms. Lindley was found lying on her bed while Ms. Wright was found lying on the bedroom floor. Evidence at the scene indicated that the struggle between the victims and their assailant was limited to this bedroom. Ms. Lindley's apartment was located on th... More...   $0 (12-29-2016 - OK)

Stephen Faciszewski v. Michael R. Brown

This case concerns provisions of Seattle's "Just Cause
Eviction Ordinance," codified at Seattle Municipal Code 22.206.160(C). We must
determine whether the court in an unlawful detainer action can consider evidence
challenging just cause once the landlord files the certification allowed under Seattle
Municipal Code 22.206.160(C)(4).
The court commissioner presiding over the sho... More...
   $0 (12-22-2016 - WA)

State of Nebraska v. Frantz G. Kolbjornsen

In September 2014, Kolbjornsen began serving sentences imposed for criminal offenses committed in Hamilton County, Nebraska. Approximately 2 months later, the State filed a complaint in the county court for Hall County, alleging that Kolbjornsen committed assault on a peace officer in the third degree. On December 16, the State received a letter from the Department of Correctional Services stating... More...   $0 (12-07-2016 - NE)

STATE OF KANSAS v. JACK R. LAPOINTE

In March 2004, a jury convicted LaPointe of aggravated robbery and aggravated assault based on the robbery of a Payless Shoe store in October 2000. State v. LaPointe (LaPointe I), No. 93,709, 2006 WL 2936496, at *1 (Kan. App. 2006) (unpublished opinion). The facts are well known to the parties and to this court, thus we need not recite them here. See LaPointe I, 2006 WL 2936496; LaPointe v. State ... More...   $0 (11-25-2016 - KS)

STATE OF CONNECTICUT v. ANGEL AGRON

This case is before us on a writ of error brought by the plaintiff in error, 3-D Bail Bonds, Inc. (plaintiff), who claims that the trial court improperly denied its motion seeking relief from its obligation on a surety bail bond (bond) pursuant to General Statutes§ 54-65c,whichthetrialcourthadorderedforfeited after the principal on that bond, Angel Agron, who is the criminal defendant in the under... More...   $0 (11-23-2016 - )

CHARLES W. RAMSEY, JR. v. UNITED STATES PAROLE COMMISSIONCase No - 15–5121

The Congress abolished parole for federal offenders in 1984, effective November 1, 1987. Sentencing Reform Act of 1984, Pub. L. No. 98-473, §§ 218(a)(5), 235(a)(1), 98 Stat. 1987, 2027, 2031 (Oct. 12, 1984); Sentencing Reform Amendments Act of 1985, Pub. L. No. 99-217, § 4, 99 Stat. 1728, 1728 (Dec. 26, 1985); see Gozlon-Peretz v. United States, 498 U.S. 395, 400 n.4 (1991). Remnants linger, how... name &s=DC&d=97344">More...   $0 (11-06-2016 - DC)

STATE OF ARKANSAS V. ROBERT CANADA

Appellant, the State of Arkansas, appeals an order of the Crittenden County Circuit
Court dismissing the charges of capital murder and felon in possession of a firearm against
appellee Robert Canada as a result of the delay in prosecution. For reversal, the State argues
that the circuit court abused its discretion by granting Canada’s motion to dismiss. Pursuant
to Arkansas S... More...
   $0 (10-05-2016 - TN)

Willie Crockett vs State of Florida

The State filed a nine-count information against appellant on August 1,
2005, alleging charges that included burglary while armed with a firearm and home
invasion robbery in Alachua County, Florida. Appellant, who had been on parole
in Georgia, was arrested in Georgia on August 10, 2005, for violating his parole by
committing these new law violations in Florida as well as new l... More...
   $0 (09-06-2016 - FL)

STATE OF MONTANA v. HILARIO MARTIN VELASQUEZ

Velasquez was riding in the back seat of a car that was stopped on September 25,
2013, when a law enforcement officer suspected the driver of being under the influence
of alcohol or drugs. The arresting officer found crystals in a cigarette pack located on the
dashboard between the driver and the front-seat passenger. The crystals field-tested
positive for methamphetamine. Vel... More...
   $0 (08-30-2016 - MT)

STATE OF CONNECTICUT v. JAMES BAKER

The defendant, James Baker, appeals from the judgment of the trial court denying his motion to correct an illegal sentence filed pursuant to Practice Book § 43-22.1 After pleading guilty under the Alford doctrine2 to possessing a weapon or dangerous instrumentinacorrectionalinstitutioninviolationofGeneral Statutes § 53a-174a (a),3 the defendant was sentenced to eighteen months of imprisonment. The... More...   $0 (08-29-2016 - CT)

ROBERTO MORALES DIAZ vs. STATE OF IOWA

In January 2013, Toledo Police Officer McMillen and Tama County Officer
Bina were dispatched to a residence concerning a verbal domestic incident.
When the officers arrived they spoke with Morales and his then-girlfriend. Due to
communication issues, McMillen requested a translator. Morales would not allow
the officers to enter the residence, and, owing to the cold, McMillen... More...
   $0 (08-11-2016 - IA)

Daniel McKay vs. State of Missouri

On May 27, 2010, Movant was charged by the St. Charles Prosecuting Attorney's Office
with selling a controlled substance on May 25, 2010, and selling a controlled substance and
unlawfully possessing a concealable firearm on May 26, 2010. At the time, Movant was on
probation in Pike County for second-degree trafficking of narcotics. McKay, 411 S.W.3d at 297.
Movant was senten... More...
   $0 (06-28-2016 - MO)

STATE OF NEW JERSEY VS. MICHAEL J. RAMSEY

Following a jury trial, defendant was convicted of first
degree murder, N.J.S.A. 2C:11-3(a)(1) or (2), and second-degree
possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39
4(a). At sentencing, the trial judge imposed a term of life
imprisonment with thirty years of parole ineligibility.
Defendant appealed his conviction and sentence. We
affirmed the con... More...
   $0 (06-22-2016 - NJ)

State of Oklahoma v. Denny Phillips and Russell Lee Hogshooter

Oklahoma City, OK - Cathouse Murder Defendants Convicted

The State of Oklahoma charged Denny Phillips and Russell Hogshooter with:
Count # 1. Count as Filed: OPJ, CONSPIRACY TO COMMITA FELONY, TO-WIT: MURDER IN THE FIRST DEGREE, in violation of 21 O.S. 421
Date of Offense: 11/08/2009
Party Name Disposition Information
HOGSHOOTER, RUSSELL LEE
COCHRAN, JOHNATHAN A... More...
   $0 (06-18-2016 - OK)

David Wayne Cahill v. The State of Texas

The record shows that on March 13, 2014, a detainer1 was placed on appellant and faxed
from the Collin County District Attorney (D.A.)’s Office to the Lexington, Oklahoma prison
facility where appellant was being incarcerated. On April 24, 2014, appellant signed the IADA
form II, “Offender’s Notice of Place of Imprisonment and Request for Disposition of
Indictments, Informati... More...
   $0 (06-16-2016 - TX)

Evans v. Dow et al

Steven D. Dow, Munson Radio, and Steven D. Dow, d/b/a KEIN-AM, appeal
from the Order of the Montana Eighth Judicial District Court, granting summary
judgment to Creed Miles Evans (“Evans”) and the final judgment determining that Dow
and Munson shall pay damages to Evans in the amount of $261,000 for wrongful
occupation and unlawful detainer of property. We affirm.
¶3 Evan... More...
   $261000 (06-08-2016 - MT)

STATE OF NEW JERSEY VS. RYAN MCERLEAN

We glean the following facts and procedural history from
the record. On February 9, 2005, defendant was arrested in
Ocean County on charges of kidnapping, robbery, burglary, theft,
and weapons offenses arising out of an October 31, 2004 incident
in Lakewood. Defendant was remanded to the Ocean County Jail
where he remained until March 29, 2005, when he posted bail and More...
   $0 (06-07-2016 - NJ)

STATE OF NEW JERSEY VS. VICTOR VASQUEZ

On August 3, 2005, a Somerset County Grand Jury indicted
defendant charging him with first-degree robbery, N.J.S.A.
2C:15-1(a) (count one); second-degree conspiracy to commit
robbery, N.J.S.A. 2C:5-2(a) and N.J.S.A. 2C:15-1(a) (count two);
third-degree possession of a weapon for an unlawful purpose,
N.J.S.A. 2C:39-4(d) (count three); fourth-degree unlawful
possession ... More...
   $0 (06-07-2016 - NJ)

Rafael Hernandez-Prado v. The State of Texas

Rafael Hernandez-Prado was charged with burglary of a habitation with intent to
commit the offense of sexual assault. See Tex. Penal Code § 30.02(a)(1) (setting out elements of 1
offense). The victim in this case was Maria Irene Gonzalez, and the offense was alleged to have
occurred in Burnet County. Hernandez-Prado entered into a plea agreement with the State in which
he agreed... More...
   $0 (05-30-2016 - TX)

STATE OF NEW JERSEY VS. GIUSEPPE PAPARATTO

Defendant Giuseppe Paparatto appeals from the June 27, 2014
order denying his motion to vacate a guilty plea he entered in
2006. Defendant claims he presented a colorable claim of
innocence, the motion judge erred in failing to consider his
reasons for withdrawing his plea, and the State will not be
prejudiced if it had to try the ten-year-old charges. Finding
no me... More...
   $0 (05-19-2016 - NJ)

Stephen Henry Hopper v. The State of Texas

Appellant was indicted on November 4, 1993, for a violent rape that
allegedly occurred on August 7 of the same year. At the time of the indictment, the
State was aware that appellant was no longer in Texas because the State had
already filed requests for detainers in both California and Nebraska.1
The record does not reveal what ever happened in California. What is clear,
howev... More...
   $0 (05-12-2016 - TX)

STATE OF NEW JERSEY VS. JAMES P. CURLEY

This case arises from a 2008 traffic stop that resulted in
the arrest of defendant James Curley, after he attempted to flee
from police. Defendant was subsequently convicted by a jury of
May 6, 2016
A-2606-11T4 2
resisting arrest, simple assault, and unlawful possession of a
weapon. He now appeals from the October 14, 2011 judgment of
conviction entered by the ... More...
   $0 (05-08-2016 - NJ)

Darren Williams VS David Wade Correctional Center

In 2007, petitioner was arrested on a charge of simple burglary. He was
convicted ofthat offense and sentenced to eight years at hard labor. On April 26,
2011, petitioner was released on good time parole, with 1544 days remaining on
his full-term sentence. On May 18, 2011, petitioner was arrested on a new charge
of theft and was booked into the Orleans Parish Prison under the name... More...
   $0 (03-03-2016 - LA)

State of Vermont v. Sergio Mendez

Defendant is a citizen of the Dominican Republic who lived and worked legally in
Massachusetts as a permanent resident of the United States. In June 2013, he pleaded guilty to
one charge of felony domestic assault stemming from a May 2013 incident in which he
attempted to strangle his girlfriend at her home in Rutland, Vermont. Defendant signed a written
plea agreement prior ... More...
   $0 (03-02-2016 - VT)

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