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Disability Law
 
Carleton Harris v.l Allen County Board of Commissioners Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond

Carleton Harris was injured while working at the Allen County Juvenile Center. After he reached maximum medical improvement, both his disability benefits and his employment were terminated. Harris subse-quently sued the Allen County Board of Commissioners and the Allen Superior Court for alleged violations of the Ameri-cans with Disabilities Act (“the ADA”). The only question on
2 No. 17-2577<... More...
   $0 (05-27-2018 - IN)

Terri Raines v. Coastal Pacific Food Distributors,Inc.

APPEAL from a judgment of the Superior Court of San Joaquin County, Linda L.
Lofthus, Judge. Reversed in part and affirmed in part.
Mayall Hurley, William J. Gorham III and Nicholas J. Scardigli for Plaintiff and
Appellant.
Weintraub Tobin Chediak Coleman Grodin, Charles L. Post, Brendan J. Begley,
Meagan D. Bainbridge and James Kachmar for Defendant and Respondent.
2
A... More...
   $0 (05-25-2018 - CA)

Damian Stinnie v. Richard D. Holcomb Western District of Virginia Federal Courthouse - Roanoke, Virginia

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. Plaintiffs Damian Stinnie, Demetrice Moore, Robert Taylor, and Neil Russo owe court debts and, because of their inability to pay, have had their licenses suspended. They all... More...   $0 (05-24-2018 - VA)

Rena C. v. Colonial School District Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case arises out of a dispute under the Individuals with Disabilities Education Act (“IDEA”). Under the IDEA, when parents and school districts dispute a child’s educational placement, a parent may file an administrative due process complaint that can lead to an administrative hearing. At least ten days before the dispute reaches a hearing, the school district can extend a settlement offer to ... More...   $0 (05-23-2018 - PA)

STATE OF OHIO vs. DOUGLAS C. SHINE, JR.

Appellant Douglas C. Shine, Jr. (“appellant”) appeals from his convictions for
multiple counts of aggravated murder, murder, felonious assault, and other offenses in
connection with four shootings. Appellant assigns 21 errors for our review.1 Having reviewed
the record and pertinent law, we affirm the decision of the trial court. The apposite facts follow.
{¶2} Following a s... More...
   $0 (05-21-2018 - OH)

State of Ohio v. Devantee Osley

On October 20, 2016, the Lucas County Grand Jury indicted appellant on
one count of murder in violation of R.C. 2903.02(A), and, in the alternative, one count of
murder in violation of R.C. 2903.02(B), both with firearm specifications under R.C.
2941.145. The charges were based on an incident wherein appellant agreed to meet and
fight the victim. After the parties arrived, ap... More...
   $0 (05-21-2018 - OH)

Linda M. Marshall v. Bryan S. Marshall

Linda Marshall appeals from the judgment on reserved issues following the
dissolution of her marriage to Bryan S. Marshall.1
Linda challenges two specific aspects
of the family court’s division of marital property. She contends the court erred declaring
a 2006 capital gains tax liability to be a community debt, notwithstanding the fact she had
obtained an “innocent spouse” det... More...
   $0 (05-21-2018 - CA)

STATE OF OHIO v. CHONTAY LUMFORD

This matter comes before us on two consolidated appeals by defendant
Chontay Lumford. In appellate case number 2017-CA-71, Lumford appeals from her
conviction and sentence following a guilty plea to one count of having a weapon while
under disability. In appellate number 2017-CA-72, she appeals from the trial court’s
revocation of community control and its imposition of prison ... More...
   $0 (05-20-2018 - )

THE STATE OF OHIO v. MYERS

The case was tried to a jury. Much of the account of what happened came from Myers’s friend and codefendant Timothy Mosley. According to Mosley, he and Myers began to concoct their scheme on January 27, 2014. That morning, Myers, who had just slept through the start of a new job, woke up Mosley
and asked him if he “wanted to make some money.” When Mosley said he did, Myers suggested that ... More...
   $0 (05-20-2018 - OH)

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)

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)

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)

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)

Joe Villegas v. The State of Texas

Villegas, who has a mild intellectual disability, was indicted for sexual assault of a child in
August 2010. The next month, the trial court ordered an evaluation on Villegas to determine
whether he was competent to stand trial. In November 2010, the trial court signed an agreed
04-17-00435-CR


- 2 -

judgment finding Villegas not competent to stand trial a... More...
   $0 (05-16-2018 - TX)

United States of America v. City and County of Denver District of Colorado Federal Courthouse - Denver, Colorado

Denver, CO - Justice Department Reaches Agreement with the City and County of Denver to Resolve Disability Discrimination Complaint

The Justice Department today announced that it reached an agreement with the City and County of Denver, Colorado, (Denver) to resolve its lawsuit alleging that the Denver Sheriff Department discriminated against a long-time Deputy Sheriff on the basis of his ... More...
   $0 (05-16-2018 - CO)

Elizabeth A. Clemons v. Norton Healthcare, Inc. Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This appeal is the latest installment in an ERISA litigation
saga that has spanned almost ten years. At the risk of oversimplifying their case, the Plaintiff–
Retirees claim that Defendant Norton Healthcare, Inc. Retirement Plan (“Norton”) underpaid
them under the terms of the plan. The district court found that the plan was unambiguous in the
Retirees’ favor. We agree with the dis... More...
   $0 (05-16-2018 - KY)

Kerrie Reilly v. Marin Housing Authority

Kerrie Reilly lives with her severely disabled adult daughter in housing subsidized
by the Marin Housing Authority (MHA). The family participates in the Housing Choice
Voucher program, commonly known as Section 8, which MHA administers according to
the rules and regulations of the United States Department of Housing and Urban
Development (HUD). As a Section 8 participant, Kerrie Re... More...
   $0 (05-16-2018 - CA)

DOMINO’S PIZZA, LLC. v. YVONNE WIEDERHOLD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD E. WIEDERHOLD

In January 2011, Richard Wiederhold swerved into the median to avoid a vehicle
that had pulled out in front of him. His vehicle drifted through the median and back across
the roadway, flipped over once or twice, and came to rest in a ditch. The collision
immediately rendered him a quadriplegic. The other vehicle was driven by Jeffrey Kidd,
who was delivering pizza for Domino... More...
   $0 (05-15-2018 - FL)

Charles Vansmith vs State of Florida

The petitioner, Charles Vansmith, petitions this Court for a writ of certiorari. The petitioner argues that the trial court departed from the essential elements of law by using section 775.021(4)(a), Florida Statutes (2017), to determine that it still had jurisdiction to keep him placed in a secure residential facility based on section 916.303(3), Florida Statutes (2017). We find that the trial co... More...   $0 (05-14-2018 - FL)

STATE OF OHIO vs. Antonio J. Ellison

On September 23, 2015, Ellison was indicted on (1) one count of rape, a violation of R.C. 2907.02 and a felony of the first degree; (2) two counts of kidnapping, violations of R.C. 2905.01 and felonies of the first degree; and (3) one count of abduction, a violation of R.C. 2905.02 and a felony of the third degree. The indictment arose out of
No. 17AP-328 2


Ellison's... More...
   $0 (05-14-2018 - OH)

STATE OF OHIO vs. DELVONTA L. MALLORY

Defendant-appellant Delvonta Mallory appeals from a judgment of
conviction, entered after a trial to the court, finding him guilty of felonious assault,
improperly discharging a firearm into a habitation, aggravated menacing, having a
weapon while under disability, vandalism, and theft. The state charged that Mallory,
after being accused of taking the victim’s car keys, threat... More...
   $0 (05-14-2018 - OH)

STATE OF OHIO vs. ROSARIO D. ROBINSON

Robinson was charged with aggravated burglary and several charges of
felonious assault, each for a separate victim, along with associated firearm specifications
and having a weapon while under disability. Although the indictment originally
identified one victim, the trial court permitted the state to amend the indictment to reflect
the names of six victims in the case. The co... More...
   $0 (05-14-2018 - OH)

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