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Disability Law
 
Clifford M. Lawrence v. State of Indiana

On May 5, 2015, Indianapolis Metropolitan Police Sergeant Allen Tuttle
encountered Lawrence, who was in a vehicle in the emergency room parking
lot at Community East Hospital in Indianapolis. Sergeant Tuttle approached
the vehicle, which was not parked in an area designated for that purpose, and
when he identified himself as a police officer, the vehicle “lurched forward an[] ... More...
   $0 (10-20-2016 - IN)

COMMONWEALTH OF KENTUCKY v. MOHAMUD ABUKAR

According to the evidence presented at trial, the victim and her boyfriend
left a Newport, Kentucky, nightclub under the influence of alcohol, and entered
a taxi where they passed out before telling the driver where to take them.
Several hours later, the victim awakened in the cab to find the taxi driver
forcibly raping her. As she awakened, the driver immediately got off of he... More...
   $0 (10-15-2016 - KY)

STATE OF MISSOURI v. WESLEY WILLIAM OSBORN

On June 13, 2013, at 7:17 a.m., Kansas City police officer Richard Burnett received a
“check the welfare” dispatch call to Osborn’s residence in Clay County. Burnett arrived with a
sergeant and two other officers. They knocked on the front door several times with no response.
At one point, they heard movement in the garage, which—along with information from a neighbor
indicat... More...
   $0 (10-13-2016 - MO)

STATE OF LOUISIANA V. ROBERT E. SMITH

Defendant was charged by a bill of information with one count of cruelty to persons with infirmities. A jury trial commenced on July 7, 2015. Defendant was found guilty as charged. Defendant filed a “Motion for Judgment of Acquittal or, in the Alternative, Motion for New Trial.” The motion was heard on August 11, 2015. Following arguments, the trial court denied the motion in open court. After wav... More...   $0 (10-13-2016 - LA)

United States of America v. Randall J. Frisque

Milwaukee, WI - Green Bay Man Sentenced for Social Security Disability Fraud

Randall J. Frisque (age: 58) of Green Bay, Wisconsin, was sentenced to federal prison by Chief United States District Judge William C. Griesbach. Frisque had previously entered a guilty plea to a charge of theft of government property in violation of Title 18, United States Code Section 641.

According to... More...
   $0 (10-09-2016 - WI)

DONALD HOCHBAUM, by and through JOANN HOCHBAUM v. PALM GARDEN OF WINTER HAVEN, LLC

Joann Hochbaum, on behalf of her deceased husband Donald Hochbaum, appeals an order granting a motion to compel arbitration filed by defendants Palm Garden of Winter Haven, LLC; Palm Garden Healthcare Holdings, LLC; Palm Garden Healthcare Management, LLC, Summit Care II, Inc.; Summit Care Consulting, Inc.; and Summit Care, Inc. (collectively referred to as the nursing home defendants). We conclud... More...   $0 (10-08-2016 - FL)

State of Illinois v. Keith L. Terrell

Sycamore, IL - Defendant Found Guilty In Shaken Baby Case

The State of Illinois charged Keith L. Terrell, 26, with first-degree murder and two counts of aggravated battery of a child for killing his 7-week-old daughter Kelis by shaking her violently in August 2013. Defendant's confession to the crime was videotaped.

(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. Firs... More...
   $0 (10-08-2016 - IL)

COMMONWEALTH vs. JOHN LACOY

We recite the facts as the jury could have
found them, noting facts that are disputed, and reserving
certain details for our analysis of the issues raised on appeal.
The defendant and the victim, Casey Taylor, met in a
homeless shelter. After the defendant found an apartment with
two other men, Taylor stayed with him overnight from time to
time. The landlord1 event... More...
   $0 (10-06-2016 - MA)

Charles McKeen, M.D. v. Billy Turner Charles R. McKeen, MD

In May 1998, Rowena Turner was diagnosed with a type of bone marrow
cancer. Among other things, patients with this type of cancer are at increased
risk for blood clots.
[3] In April 2008, Rowena learned that she had malignant tumors in her colon.
Therefore, on May 23, 2008, Dr. Charles McKeen performed a surgery to
remove a large portion of Rowena’s colon. Rowena remain... More...
   $0 (10-06-2016 - IN)

United States of America v. Tonya Dailey

Concord, NH - Franklin Woman Sentenced To Probation For Social Security Fraud

Tonya Dailey, 44, of Franklin, New Hampshire, was sentenced to one year of probation.

According to the indictment, statements made in court, and other public records in the case, Dailey began receiving Social Security disability benefits in 1999. Dailey returned to self-employment in June 2010, earni... More...
   $0 (10-05-2016 - NH)

ALISHA MARIE HOLMES-CHILDERS V. STATE OF ARKANSAS

In April 2015, Childers pled guilty to second-degree domestic battery, a Class C felony,
and the court sentenced her to seventy-two months’ probation. The conditions of that
probation included the requirement that she pay $70 per month toward the $2200 she owed
in fines, fees, and costs. On August 13, 2015, the State filed a petition to revoke her probation,
alleging that she h... More...
   $0 (10-05-2016 - AR)

Ace Cash Express, Inc. v. Courtney Cox

Cox was employed by ACE as a “Center Manager.” As part of her “new-hire
paperwork,” Cox signed an arbitration agreement dated February 7, 2012.1 The agreement stated
in a footnote that “[t]his Arbitration Agreement is effective December 1, 2011, and it replaces or
modifies, as applicable, any previous dispute resolution agreements or arbitration agreements in
effect prior to De... More...
   $0 (10-02-2016 - TX)

United States of America v. Bossier City Housing Authority (BCHA)

Bossier City, LA - Bossier City Housing Authority agrees to pay $120,000 and implement reforms as a result of Justice Department lawsuit

The Justice Department and U.S. Attorney Stephanie A. Finley announced that the Bossier City Housing Authority (BCHA) has agreed to pay $120,000 and adopt new policies and practices to settle a lawsuit alleging that it discriminated on the basis of race ... More...
   $120000 (09-30-2016 - LA)

COMMONWEALTH OF KENTUCKY v. MOHAMUD ABUKAR

According to the evidence presented at trial, the victim and her boyfriend
left a Newport, Kentucky, nightclub under the influence of alcohol, and entered
a taxi where they passed out before telling the driver where to take them.
Several hours later, the victim awakened in the cab to find the taxi driver
forcibly raping her. As she awakened, the driver immediately got off of he... More...
   $0 (09-26-2016 - KS)

United States of America v. Julianna James England

Santa Ana, CA - Former Employee of Sporting Goods Distributor Sentenced to over 3 Years for Embezzling nearly $370,000 from Orange County Company

A former office manager for an independent sporting goods distributor has been sentenced to 37 months in federal prison for embezzling nearly $370,000 from her Los Alamitos-based employer.

Julianna James England, 51, of Cedar Rapids, Io... More...
   $0 (09-20-2016 - CA)

Ashley Thomas v. The State of Texas

In early 2010, prior to his deployment to Afghanistan, U.S. Army Sergeant
Zachary MacCalla became intimately involved with Thomas. After he attempted
to end their relationship, Thomas showed him a photograph from an ultrasound
and told him that she was pregnant with his twins. This was an utter falsehood.
Former section 31.03(e)(4)(A) provided that theft is a state jail felo... More...
   $0 (09-11-2016 - TX)

United States of America v. Humboldt County

San Francisco, CA - Justice Department Settles With Humboldt County To Resolve Americans With Disabilities Act Violations

The Justice Department announced a proposed consent decree today with Humboldt County resolving claims that the county violated Title II of the Americans with Disabilities Act (ADA).

The consent decree, which... More...
   $0 (09-11-2016 - CA)

United States of America v. Jeanne Tinker-Smith

Seattle, WA - Jury Convicts Woman For Providing Guns To Son Killed In Shootout With Police

The United States of America charged Jeanne Tinker-Smith, age 64, with violation of 18 U.S.C. 922, aiding and abetting a felon in possession of a firearm, by providing guns to her son, a convicted felon, who was killed in a shootout with police. Defendant, a career civil servant with the City of Bel... More...
   $0 (09-10-2016 - WA)

STATE OF MONTANA v. WILLIAM ALAN SAYLER

On October 18, 2013, the State charged Sayler with two counts of Partner or
Family Member Assault, Third or Subsequent Offense, both felonies. These charges
arise from allegations that on or about September 25, 2013, and on or about September
30, 2013, Sayler purposely or knowingly caused bodily injury to Fawna Rainforth
(“Fawna”), a partner or family member. The State allege... More...
   $0 (09-08-2016 - WY)

Russell Robinson, Jr. v. The State of Wyoming

Pursuant to a plea agreement, Robinson pled no contest to one count of sexual battery, a misdemeanor, in violation of Wyo. Stat. Ann. § 6-2-313(LexisNexis 2015) and to one count of false imprisonment, also a misdemeanor, in violation of Wyo. Stat. Ann. § 6-2-203(a) (LexisNexis 2015). Because the plea was one of no contest, Robinson was not required to provide a factual basis himself.1
[¶4... More...
   $0 (09-08-2016 - WY)

DAVID ALAN JENKINS V. COMMONWEALTH OF KENTUCKY

The record indicates that in early 2006, the alleged victim in this case,
"Jane," was residing at the Genesis Home in Mayfield, Graves County,
Kentucky. At that time the Mayfield Genesis Home provided group-home
services to girls. According to the Commonwealth, Jane had been sent there in
conjunction with a juvenile prosecution. Jane revealed to one of the home's
counselor... More...
   $0 (09-04-2016 - KY)

STATE OF NORTH CAROLINA v. CHARLES ANTHONY McGRADY

This appeal arises from defendant Charles Anthony McGrady’s first-degree
murder conviction for the shooting death of his cousin James Allen Shore Jr.
Defendant admitted to shooting Mr. Shore. The central issue at trial was whether
defendant shot and killed Mr. Shore in lawful defense of himself and his adult son
Brandon McGrady. Defendant sought to introduce expert witness t... More...
   $0 (09-03-2016 - NC)

United States of America v. Perry Rowell

Dallas, TX - Former Senior Claims Examiner at DOL Worker’s Compensation Office in Dallas Sentenced to 15 Months in Federal Prison for Taking Bribes

Part of Massive Health Care Fraud Scheme to Fraudulently Bill the Federal Government, Through DOL/OWCP, More Than $9.5 Million

Perry Rowell, 56, a former Senior Claims Examiner at the Department of Labor’s Office of Worker’s Compensat... More...
   $0 (09-02-2016 - TX)

United States of America v. Donna and Randall Hanson

Davenport, IA - Solon Couple Sentenced to Probation for False Statements to Social Security Administration

On August 30, 2016, Donna and Randall Hanson of Solon, Iowa, were sentenced by Chief United States District Court Judge John A. Jarvey to four (4) years of probation for false statements made to the Social Security Administration, announced United States Attorney Kevin E. VanderSchel... More...
   $0 (09-01-2016 - IA)

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)

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