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Disability Law
 
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)

Cynthia L. Aiken v. David W. Aiken

Trial courts must make difficult decisions when competing
interests clash. In this case, a mother sought an emergency protection order to
keep her soon-to-be ex-husband away from her and their children because, she
alleged, he had abused them. The father denied the allegations and sought to
cross-examine one of the daughters about her claim that he had repeatedly tried to
suffo... More...
   $0 (01-12-2017 - WA)

State of Nebraska v. Dustin Chauncey

On July 11, 2008, police officers responding to a call to a house in Gering, Nebraska, found the body of 2-year-old Juliette Geurts. Juliette had lived in the house with her twin sister, Jaelyn Geurts; their mother, Charyse Geurts; and Chauncey, who was Charyse’s boyfriend. Charyse’s ex-boyfriend, Brandon Townsend, also lived in the house. When the first police officer entered the house, she saw C... More...   $0 (01-10-2017 - NE)

United States of America v. Rehabilitation Medicine of Oklahoma, P.L.L.C. and BCOT d/b/a Rehabilitation Medicine of Oklahoma

Oklahoma City, OK - Oklahoma Medical Clinics Agree to Pay $315,000 to Settle Allegations of False Claims for Medical Services Provided to Federal Employees

Rehabilitation Medicine of Oklahoma, P.L.L.C. and BCOT d/b/a Rehabilitation Medicine of Oklahoma - Tulsa agreed to pay $315,000 to settle civil claims stemming from allegations that the clinics violated the False Claims Act by submitt... More...
   $335000 (01-07-2017 - OK)

State of Tennessee v. Elizabeth Gardenhire

The defendant and a co-defendant, Walmart employee Dixie Betterton, were indicted for theft of property valued at $1000 or more but less than $10,000, based upon their theft of over $3000, achieved through a series of fraudulent transactions, from the Walmart store in Sparta, Tennessee, between July 6 and July 28, 2014.

At trial, Diane Keele, an asset protection associate at the Sparta ... More...
   $0 (01-01-2017 - TN)

STATE OF KANSAS v. NICHOLAS CORBIN

The facts are undisputed. Nicholas Corbin and his girlfriend, Desirah Overturf, decided to stop feeding their infant son when he turned 2 months old. In addition to starving the baby, Corbin (1) held him upside down by his feet in a stream of water to bathe him and (2) burned his stomach with a hot baby bottle. When the couple did feed their son, Corbin held the baby's arms behind his back.
... More...
   $0 (12-28-2016 - KS)

STATE OF KANSAS v. TONY B. SCHAEFER Sex Offender

In August 2010, the State filed a criminal complaint against Tony Schaefer, charging him with one count of rape of a child under 14 by an adult, in violation of K.S.A. 21-3502(a)(2). The State alleged that Schaefer had digitally penetrated the vagina of a friend's 13-year-old daughter and that, in an interview with the Topeka Police Department, he had admitted doing so. Schaefer moved to suppress ... More...   $0 (12-28-2016 - KS)

KEITH LUMRY v. STATE OF KANSAS, KANSAS BUREAU OF INVESTIGATION, CLINT HAWKINS, KELLY RALSTON, and ROBERT BLECHA

Due to the procedural posture, all facts and inferences that may be reasonably drawn from the evidence are resolved in Lumry's favor because the district court decided this case against him on summary judgment. Thoroughbred Assocs. v. Kansas City Royalty Co., 297 Kan. 1193, 1204, 308 P.3d 1238 (2013); O'Brien v. Leegin Creative Leather Products, Inc., 294 Kan. 318, 330, 277 P.3d 1062 (2012). Our f... More...   $0 (12-27-2016 - KS)

STATE OF IOWA vs. JAYDEN RAY CHAPMAN

The facts as presented at trial reflect that in the early morning hours of
March 10, 2014, Michael Schenk, Jayden Chapman, and Erika Dains met, used
methamphetamine, and rode in Schenk’s blue extended-cab truck to a farm
belonging to Marvin Huelsing with the intent to steal scrap metal. Dains testified
that while they were driving around the farm property collecting various it... More...
   $0 (12-21-2016 - IA)

STATE OF IOWA vs. NAPOLEON MBONYUNKIZA

D.B., a mentally and physically incapacitated woman living at a Des
Moines-area group home, was treated at Mercy Hospital for weight loss, gagging,
and digestive issues. It was discovered D.B. was twenty weeks pregnant. The
pregnancy was terminated per the direction of D.B.’s guardian. Police sought
DNA samples of all males with access to D.B., including Mbonyunkiza, a
... More...
   $0 (12-21-2016 - IA)

STATE OF MISSOURI vs. TERRY G. SMITH

We reiterate the facts in State of Missouri v. Victoria Smith, ED103039, 2016 WL 4527588 (“Smith I”),2 in that they are similar to this appeal. The following facts, when viewed in the light most favorable to the verdict, were presented at trial:

Smith lived with Wife and their six children, including their six-year-old son, Victim.
Victim is a child on the autism spectrum. Deondus T... More...
   $0 (12-21-2016 - MO)

United States of America v. Andrea J. Smiley

Cleveland, OH - Cleveland woman sentenced to prison for taking Social Security benefits while her son was in county custody

A Cleveland woman was sentenced to six months incarceration for fraudulently receiving more than $35,000 in Social Security benefits.

Andrea J. Smiley, 35, was previously found guilty of theft of government property. She was representative payee for her mino... More...
   $0 (12-20-2016 - OH)

STATE OF KANSAS v. DARRICK S. KLIMA

On May 16, 2001, Klima was convicted of aggravated indecent solicitation of a child and promoting obscenity to a minor. On June 7, 2001, the district court sentenced Klima to a controlling term of 19 months' imprisonment but granted probation with community corrections for 24 months. Because his crimes were sexually motivated, the district court ordered Klima to register as a sex offender for 10 y... More...   $0 (12-18-2016 - KS)

STATE OF NORTH CAROLINA v. CHARLES ANTHONY McGRADY

Defendant and his cousin Mr. Shore lived in mobile homes across the street
from each other in Hays, North Carolina. Various other members of their family also
lived nearby. The two men had a combative history, having engaged in multiple
verbal and physical altercations. Defendant testified that, on the evening of
19 December 2011, Mr. Shore threatened to kill defendant and h... More...
   $0 (12-15-2016 - NC)

State of Indiana v. Douglas Woods Johnston

On October 13, 2015, Johnston filed a “Request for Removal from Sex
Offender Registry” pursuant to Indiana Code Section 11-8-8-22. (App. at 14.)
Johnston, who has two convictions for Child Molesting, as Class C felonies,
referenced only his 2006 conviction in his petition. He stated that he had been
found guilty but mentally ill in 2006, and claimed that he was eligible for... More...
   $0 (12-13-2016 - )

STATE OF LOUISIANA V. MARIO CHAVEZ

On October 17, 2014, the Jefferson Parish District Attorney filed a bill of
information charging defendant with sexual battery upon a known juvenile under
the age of thirteen, by touching the victim’s genitals, in violation of La. R.S.
14:43.1. Defendant pled not guilty at arraignment and the matter proceeded to trial
by jury. On April 14, 2016, a twelve-person jury found def... More...
   $0 (12-12-2016 - LA)

United States of America v. 111 East 88th Partners

New York, NY - U.S. Attorney Sues Landlord For Refusing To Allow Disabled Tenant To Keep An Assistance Animal

Lawsuit Follows Determination by Department of Housing and Urban Development that Landlord Engaged in Discrimination on the Basis of Disability

the United States has filed a lawsuit against 111 EAST 88TH PARTNERS, a partnership, for violating the Fair Housing Act. The G... More...
   $0 (12-07-2016 - NY)

WALTER MILLER v. STATE OF KANSAS Sex Offender

Walter Miller appeals the district court's summary denial of his K.S.A. 60-1507 motion. After Miller was convicted of failing to register under the Kansas Offender Registration Act (KORA), K.S.A. 22-4901 et seq., the Kansas Prisoner Review Board (Board) revoked his lifetime postrelease supervision and placed him in prison for the remainder of his life. In his petition, Miller claimed the Board's d... More...   $0 (12-07-2016 - KS)

Multiple Injury Trust Fund v. Willie A. Coburn and The Workers' Compensation Court of Existing Claims

¶1 The parties disagree on which statute controls the controversy. The Multiple Injury Trust Fund (Fund) argues 85 O.S.Supp.2005 § 30(D) controls the rights of the lawyers to an attorney's fee. The claimants' lawyers argue 85 O.S.Supp.2005 § 172 controls the rights of the lawyers to an attorney's fee, and the Workers' Compensation Court of Existing Claims agreed § 172 controlled the controversy. W... More...   $0 (12-06-2016 - OK)

Franklin Lawton vs. The State of Florida

Pursuant to section 921.0026(2)(d), Florida Statutes (2015), Lawton filed a
motion for a downward departure based on the grounds that he required specialized
treatment for his physical disabilities and was amenable to treatment. Neither in
his motion nor at the hearing did Lawton raise rehabilitation or remorse as reasons
for mitigation. At the hearing on the downward departu... More...
   $0 (12-03-2016 - FL)

R.J. REYNOLDS TOBACCO COMPANY v. GWENDOLYN E. ODOM, Personal Representative of the ESTATE OF JUANITA THURSTON

Plaintiff filed suit against RJR asserting membership in the Engle class because her mother died from lung cancer “caused by her addiction to cigarettes.” In her suit, Plaintiff alleged causes of action for strict liability, negligence, fraud by concealment, and conspiracy to commit fraud by concealment. The case proceeded to trial in two phases. In the first phase, the jury was asked to: 1) de... More...   $0 (12-03-2016 - FL)

State of Tennessee v. Chad Ray Thompson

Tonya Debuty, the victim‟s sister, testified that the victim was “like a child to [her.]” She explained that the victim suffered from bipolar disorder, obsessive compulsive disorder, and “a form of schizophrenia[.]” The victim lived in a camper located on Ms. Debuty‟s property in Etowah for three years. The victim was unable to maintain employment, so Ms. Debuty helped the victim en... More...   $0 (12-02-2016 - TN)

Albert Towne v. State of Indiana Sex Offender

The facts most favorable to the judgment follow. T.S. has been diagnosed with
an intellectual disability as well as several behavioral disorders. Towne, who
has also been diagnosed with an intellectual disability, engaged in sexual
intercourse with T.S. and the touching of T.S. When T.S. later told her mother
of the incident, an investigation commenced. Based upon the incid... More...
   $0 (12-02-2016 - IN)

STATE OF FLORIDA v. KENNETH TUMLINSON

Kenneth Tumlinson was charged with lewd or lascivious molestation of a child under twelve years of age after law enforcement discovered and then questioned Tumlinson about his personal journal entries that described sexual contact with a child, J.T. Law enforcement was contacted after Tumlinson's former roommates found the troubling journal entries Tumlinson left behind at their home. Officers f... More...   $0 (11-22-2016 - FL)

William Thompson v. State of Florida

Thompson pled guilty to the March 30, 1976, brutal beating death of the victim, Sally Ivester. Thompson v. State, 389 So. 2d 197, 198 (Fla. 1980). In Thompson, this Court described the crimes, which occurred when William Lee Thompson was 24 years old:

The appellant Thompson, Rocco Surace, Barbara Savage, and the victim Sally Ivester were staying in a motel room. The girls were instruc... More...
   $0 (11-21-2016 - FL)

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