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Disability Law
 
Jose Isaac Reyes v. The State of Texas

In 2003, a Hidalgo County jury convicted appellant Jose Isaac Reyes of capital
murder, and he was sentenced to life imprisonment. See TEX. PENAL CODE ANN.
§ 19.03(a)(2) (West, Westlaw through 2015 R.S.). Reyes’s attorney filed an untimely
notice of appeal, and we dismissed his appeal for want of jurisdiction. See Reyes v.
State, No. 13-03-00370-CR, 2003 WL 21824503, at *1 (T... More...
   $0 (02-18-2016 - TX)

United States of America v. Greyhound Lines, Inc.

Wilmington, DE - Greyhound Lines to Resolve Americans With Disabilities Violations

Greyhound Lines Inc., the nation’s largest provider of intercity bus transportation, will implement a series of systemic reforms to resolve allegations that it repeatedly violated the Americans with Disabilities Act (ADA). Greyhound will pay $300,000 in compensation to certain passengers with disabilities ... More...
   $0 (02-18-2016 - DE)

Elizabeth Speaks v. Physicians Surgical Center, L.L.C. and David B. Bobb, M.D.

Norman, OK - Jury Finds in Favor of Doctor On Medical Malpractice Claims

Elizabeth Speaks sued Physicians Surgical Center, L.L.C. and David B. Bobb, M.D. on medical malpractice and respondeat superior theories claiming:

1. The acts complained of herein occurred at 805 East Robinson, Norman, Oklahoma, on or about December 24, 2008.

2. Elizabeth Speaks was scheduled for a... More...
   $0 (02-17-2016 - OK)

Clarence G. Oliver, et al. v. John Hofmeister, et al.

¶1 Oklahoma taxpayers filed a declaratory judgment action seeking a permanent injunction against Defendants, Joy Hofmeister, the State Superintendent of Public Instruction, the Oklahoma State Department of Education; and the Oklahoma State Board of Education, (the "State") 1 to enjoin the payment of tuition to private sectarian schools alleging the "Lindsey Nicole Henry Scholarships for Students w... More...   $0 (02-17-2016 - OK)

State of Louisiana v. Victor Love

On January 3, 2014, Alecia Hill, an assistant store manager at the
Brookshire’s store on Pines Road in Shreveport, was robbed at gunpoint as
she worked the customer service desk. The actual robbery is on video, and 1
Ms. Hill identified the defendant in court as the person who robbed her.
Ms. Hill testified as to the facts of the armed robbery. Ms. Hill further testified:
• w... More...
   $0 (02-16-2016 - LA)

Triangle Cross Ranch, Inc., Gerald E. Schneider and Michaeleen Schneider v. State of Wyoming, Wyoming Department of Family Services

Appellant Gerald Schneider has owned the property now operated as the Triangle Cross Ranch since 1973. Mr. Schneider and his wife, Appellant Michaeleen Schneider, founded Mount Carmel Youth Ranch (Mount Carmel), a Wyoming nonprofit corporation, which operated at the same location to provide group home licensed services to troubled youths. When the Mount Carmel board of directors decided to clos... More...   $0 (02-16-2016 - WY)

State of Tennessee v. Joseph Jordan

The defendant was charged with aggravated rape, two counts of aggravated kidnapping, and one count of domestic assault based upon an incident that occurred in the rented room that the defendant and the victim shared. At the time of the incident, the victim and defendant were in a romantic relationship and were living together. Prior to meeting the defendant, the victim suffered a stroke, which p... More...   $0 (02-14-2016 - TN)

STATE OF IOWA vs. STEPHEN SCOTT PRUSHA

Just after 1:10 a.m. on April 5, 2013, while on patrol in a rural area about four miles east of Marshalltown, Marshall County Deputy Sheriff John Shaver observed a pedestrian walking on the side of the road. Deputy Shaver found it unusual to see a pedestrian at that time of night in that area, so he pulled his police cruiser to the side of the road in front of the pedestrian. He activated the ve... More...   $0 (02-12-2016 - IA)

State of Tennessee v. Calvin Rogers

The proof at trial showed that during the late night hours of Sepember 17, 2010, the defendant and his co-defendant, Scott Lee,1 followed and fired multiple shots at a car occupied by the three victims after they declined the defendants’ offer to provide drugs and prostitutes. As a result of the attacks, the defendant was indicted for the first degree murder of Ameer Althaibani in the perpetratio... More...   $0 (02-11-2016 - TN)

Skawski v. Greenfield Investors Property Development LLC

The defendant, Greenfield Investors Property
Development LLC4 (developer), seeks to build a retail development
of not more than 135,000 square feet of commercial space in
Greenfield (project). On May 17, 2011, the planning board of
Greenfield (planning board) granted a special permit in favor of
the developer to construct the project, subject to various
conditions. ... More...
   $0 (02-11-2016 - MA)

In the Interest of V.H., et al children

C.B., whom we will refer to as “Mother,” appeals from the trial court’s order terminating her parental rights to her four children, V.H., G.B., N.B., and J.B., Jr. J.B., whom we will refer to as “Father,” appeals from the trial court’s order terminating his parental rights to his three children, G.B., N.B., and J.B., Jr. Both Mother and Father complain that the evidence is insufficient to suppor... More...   $0 (02-10-2016 - TX)

In the Interest of L.R.P. and H.A.P.

In her sole issue on appeal, appellant Pamela Sue Niemczyk contends the trial court abused its discretion by dismissing with prejudice her “Petition for Enforcement of Spousal Maintenance.” We affirm the trial court’s order dismissing with prejudice Niemczyk’s petition for enforcement.

Background
Rodney Dean Patten and Niemczyk1 married in December 1990 and separated in July 2010.... More...
   $0 (02-09-2016 - TX)

ROBERT DOUGLAS SMITH v. DORA B. SCHRIRO, Warden, Arizona, Department of Corrections

In 1982, Robert Smith was convicted in Arizona state court of kidnapping, sexual assault, and murder and sentenced to death. Lambright v. Stewart, 167 F.3d 477, 479 (9th Cir. 1999), reh’g granted, vacated, 177 F.3d 901 (9th Cir. 1999), rev’d, en banc, 191 F.3d 1181 (9th Cir. 1999). On June 20, 2002, the Supreme Court decided Atkins v. Virginia, 536 U.S. 304 (2002), holding that the execution of ... More...   $0 (02-08-2016 - AZ)

Jeffrey Wiest v. Tyco Electronics Corp

We review the record in the light most favorable to the party opposing summary judgment—here, the plaintiff. See Reedy v. Evanson, 615 F.3d 197, 210 (3d Cir. 2010). Nevertheless, we do not at the summary judgment stage of proceedings accept as true allegations unsupported in the record. See Williams v. Borough of West Chester, 891 F.2d 458, 460 (3d Cir. 1989) (internal citations omitted) (“[E]v... More...   $0 (02-07-2016 - PA)

The State of Texas v. Matthew Akin

It is alleged that on June 3, 2014, Akin slapped a disabled resident (“the Resident”)
at the Corpus Christi State Supported Living Center where Akin was employed. Matthew
Baird of the Department of Family and Protective Services (“DFPS”) opened an
investigation into the incident. According to Baird’s report on the matter, he conducted
fourteen interviews and reviewed video an... More...
   $0 (02-04-2016 - TX)

United States of America v. Gary D. Hallett

Bangor, ME - Monroe Man Sentenced to 15 Months for Social Security Fraud

Gary D. Hallett, 47, of Monroe, Maine was sentenced in U.S. District Court by Judge John A. Woodcock, Jr. to 15 months in prison and three years of supervised release for fraudulently obtaining social security disability benefits. Hallett was also ordered to pay $67,753 in restitution. He pleaded guilty to the char... More...
   $0 (02-03-2016 - ME)

Robert Marlyn Taylor vs. State of Minnesota

Taylor was charged with three counts of homicide for the death of John Turner, a
dealer of antiques from his home in south Minneapolis. Turner also owned the house next
door, which he rented to Taylor’s family. When Turner’s wife and daughter arrived at his
home on Christmas Day in 1999, they discovered Turner’s body on the floor in a pool of
blood. Nearly every bone in Turn... More...
   $0 (02-03-2016 - MN)

Johnny Six v. Jaems LeRoy Sawyer

Tulsa, OK - Texas Draw in Tulsa, Oklahoma Neighbor Shooting Neighbor Case

Johnny Six sued James LeRoy Sawyer on a civil assault and battery theory seeking to recover of the injuries and damages sustained by him as a result of being shot in the legal by Sawyer with a .410 shotgun claiming:

1. Plaintiff, JOHNNY SIX, (hereinafter Six) is an individual person who was a resident of Tu... More...
   $500 (02-02-2016 - OK)

United States of America v. James Clayton Bailey

Davenport, IA - Davenport Man Sentenced to Prison for Theft of Disability Benefits

James Clayton Bailey, 67, of Davenport, Iowa, was sentenced by United States District Court Judge Stephanie M. Rose to 15 months in prison for theft of government property. Bailey was ordered to serve three years of supervised release following his prison term and to pay $100 towards the Crime Victims’ Fund... More...
   $0 (02-02-2016 - IA)

United States of America v. Juanita Roibal-Bradley

Albuquerque, NM - Former Judge-Disbarred Lawyer Pleads Guilty to Federal Fraud Charges

Former State Administrative Law Judge Fraudulently Obtained More Than $40,000 From Social Security Administration and Almost $572,000 from Client’s Estate

A former New Mexico Workers’ Compensation Administrative Law Judge (ALJ) and disbarred lawyer pleaded guilty in federal court to defrauding ... More...
   $0 (02-02-2016 - NM)

The People of the State of Colorado v. Douglas Thames

In June 1994, Jacie Taylor was sexually assaulted and murdered in her apartment
on Inness Court in Palisade, Colorado. Although Robert Dewey was convicted for
Taylor’s murder in 1996, he consistently professed his innocence and applied for
assistance from the Colorado Justice Review Project (“JRP”).1 In 2011, during the course
of the JRP’s investigation of Dewey’s case, it id... More...
   $0 (02-02-2016 - CO)

State of Tennessee v. Katarina R. Long

In June 2014, the Dickson County Grand Jury indicted the appellant for one count of theft of property valued $10,000 or more but less than $60,000, a Class C felony, and one count of vandalism of property valued $1,000 or more but less than $10,000, a Class D felony. According to the affidavit of complaint, the appellant “trashed” a residence she had been hired to house-sit and took cash and prop... More...   $0 (02-02-2016 - TN)

Cynthia Bell v. State of Indiana

At 4:30 a.m. on August 4, 2014, Cynthia Bell was banging on the front door of
Kalencia Kirkland’s home and shouting to be let into the house. When
Kirkland looked out the window, she saw Bell vandalizing her rental car, a
Chevy Malibu. Kirkland called the police, but Bell slashed one of the Malibu’s
tires and left before officers arrived. Shortly after the officers left Kirk... More...
   $0 (02-02-2016 - IN)

Stacey Merrell and Brian Merrell v. St. John Medical Center, Inc. and Women's Health Group

Tulsa, OK - Stacey Merrell and Brian Merrell sued St. John Medical Center, Inc. and Women's Health Group on medical negligence (medical malpractice) theories claiming:

1. Plaintiffs Stacey Merrell and Brian Merrell are residents of Tulsa, Tulsa County, Oklahoma.
2. Defendant, St. John Medical Center, Inc., 1s an Oklahoma corporation doing : business in Tulsa County, Oklahoma.
Defe... More...
   $0 (02-01-2016 - OK)

State of Florida v. Eric Lucas

The background facts of this case and the original convictions are set forth in
Lucas v. State, 67 So. 3d 332 (Fla. 4th DCA 2011). Lucas was convicted of
burglary of a dwelling with a battery and aggravated battery. Id. at 334. The
district court explained:
At trial, a witness, Lewisha Freeman, testified to hearing a woman banging on doors and screaming, “[S]omebody help me,... More...
   $0 (01-30-2016 - FL)

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