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Barry C. Garcia v. State of North Dakota ND Supreme Court upholds Barry Garcia sentence

On the evening of November 15, 1995, sixteen-year-old Barry Garcia drove around Fargo-Moorhead with three teenage members of the Skyline Piru Bloods street gang. The teens carried with them a sawed-off shotgun owned by the gang and 10 to 15 shotgun shells. While driving in a West Fargo residential area around 10 p.m., Garcia asked the driver to stop, after which he and another young man exited the... More...   $0 (11-19-2017 - ND)

STATE OF FLORIDA vs. RAYMOND MORRISON, JR. Jacksonville man gets off Death Row after judge finds original lawyer was ineffective

In 1998, Morrison was convicted of “first-degree murder for the January 8,
1997, killing of Albert Dwelle, which occurred during the course of a robbery upon
Dwelle in his apartment in Duval County,” and “armed robbery with a deadly
weapon and burglary of a dwelling with intent to commit a battery, with an assault
or battery on Dwelle.” Morrison v. State, 818 So. 2d 432, 437 (... More...
   $0 (11-18-2017 - FL)

STATE OF OHIO v. DESHANON HAYWOOD Akron man sentenced to 35 years to life in prison for quadruple murder

During the early morning hours of April 18, 2013, four people were murdered in
the basement of an apartment on Kimlyn Circle in Akron. R.R., one of the victims, resided at the
apartment and had received a sizeable amount of heroin the night before his murder. The three
other victims found alongside him were K.W., his girlfriend; M.N., a female friend of K.W.; and
K.D., a mal... More...
   $0 (11-12-2017 - OH)

STATE OF OHIO vs. LAMONT WEAKLEY

} On December 1, 2015, a Cuyahoga County Grand Jury indicted Weakley on
34 counts of a 45-count indictment for his role in the fraudulent credit scheme as follows:
• one count of engaging in a pattern of corrupt activity (Count 1);

• two counts of conspiracy (Counts 2 and 3);

• 13 counts of identity fraud (Counts 4, 5, 13, 19, 21, 23, 25, 29, 31, 35, 39, 41 and ... More...
   $0 (11-12-2017 - OH)

STATE OF OHIO vs. RAYMOND S. DURANT

On April 29, 1993, Durant pleaded guilty to one count of rape in violation
of R.C. 2907.02 and one count of aggravated robbery in violation of R.C. 2923.02 and
2911.01. Both counts stem from an incident that occurred on November 19, 1992.
Durant, then 19 years old, came upon his 28-year-old victim while she was jogging in
Forest Hills Park. Intending to rob the victim, Dura... More...
   $0 (11-11-2017 - OH)

STATE OF OHIO vs. BRADLEY L. BRADFORD

This case arose out of a conflict between two Cleveland gangs, the Fleet
Avenue and Broadway Avenue gangs, that came to a head in the spring and summer of
2015. In April 2015, two members of the Fleet gang were shot at a local bar. On May
4, 2015, a shooting against Broadway members injured Antowine Palmer and killed Pedro
“Dro” Barnes (“Dro Barnes”). The May 4 shooting occ... More...
   $0 (11-11-2017 - OH)

United States of America v. Brad Jason Long Southern District of Alabama Federal Courthouse - Mobile, Alabama

Mobile, AL - Mobile Man Sentenced on Felon in Possession of Firearm Charges

Brad Jason Long of Mobile County, Alabama was sentenced in federal court on November 7, 2017 to 180 months imprisonment based on his guilty plea to the crime of being a felon in possession of a firearm and being found to be a career criminal, subject to 18 U.S.C. 924(e).

On or about January 3, 2017, in ... More...
   $0 (11-11-2017 - AL)

CORY GHOLSTON v. STATE OF KANSAS

In September 2015, Gholston filed a K.S.A. 60-1507 motion for relief. The Kansas Supreme Court summarized the underlying facts of Gholston's case in his direct appeal. State v. Gholston, 272 Kan. 601, 602-05, 35 P.3d 868 (2001). The parties are familiar with the facts. Suffice it to say that Gholston was convicted of killing a two-year-old baby in a drive-by shooting.

Following Gholston... More...
   $0 (11-09-2017 - KS)

Lisa M. Searle, n/k/a Loosle v. Dustin L. Searle Idaho Supreme Court - Boise, Idaho

This expedited, permissive appeal presents a child custody dispute. Lisa M. Searle, nka Lisa Loosle (“Mother”) appeals the Bingham County magistrate judge’s order which modified the current child custody plan outlined in the 2013 order between Mother and Dustin L. Searle (“Father”). Mother argues that the magistrate judge abused its discretion in determining there had been a substantial, material,... More...   $0 (11-09-2017 - ID)

Larisa's Home Care, LLC v. Karen Nichols-Sheilds

The issue presented is whether an adult foster care
provider claiming unjust enrichment may recover the reasonable
value of its services from a defendant who, through
fraud, obtained a lower rate from the provider for the services.
We conclude that, generally, a defendant who obtains
discounted services as a result of fraud is unjustly enriched
to the extent of the reasonab... More...
   $0 (11-09-2017 - OR)

Leopoldo N. Leon v. Nancy A. Berryhill Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The credit-as-true analysis has evolved in our circuit over
time, thus providing a challenge for application by the district
court. The rule itself permits, but does not require, a direct
award of benefits on review but only where the administrative
law judge (ALJ) has not provided sufficient reasoning for
4 LEON V. BERRYHILL
rejecting testimony and there are no outstanding... More...
   $0 (11-09-2017 - AZ)

United States of America v. Terrance Tyrone Davis Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This is an ACCA “violent felony” issue case. So here we go down the rabbit hole again to a realm where we must close our eyes as judges to what we know as men and women. It is a pretend place in which a crime that the defendant committed violently is transformed into a non-violent one because other defendants at other times may have been convicted, or future defendants could be convicted, of viola... More...   $0 (11-07-2017 - AL)

Dena Utter v. Amie Rose Colclaizer Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Plaintiffs Kena Utter, Aubree Holsapple, and Dara Campbell (collectively, the Teachers) appeal the district court’s dismissal of their numerous federal and state claims against the Seminole School District (District), which is governed by the
2
Seminole Board of Education (the Board), and three of the Board’s five members,
Amie Rose Colclazier, Jack Cadenhead, and Mickey Upton (collec... More...
   $0 (11-07-2017 - NV)

The Traveler's Property Casualty Company of America v. Actavis, Inc.

The United States faces an epidemic of addiction, overdosing, death, and
other problems brought on by the increasing use and abuse of opioid painkillers. This
epidemic has placed a financial strain on state and local governments dealing with the
epidemic’s health and safety consequences. To seek redress for the opioid epidemic, the
County of Santa Clara and the County of Orange bro... More...
   $0 (11-07-2017 - CA)

Joyce Hargress v. Social Security Administration, Commissioner Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Joyce Hargress appeals the district court’s decision affirming the denial of her application for disability insurance benefits and supplemental security income. See 42 U.S.C. §§ 405(g), 1383(c)(3). After careful review, we affirm.
I. BACKGROUND FACTS
In May 2013, Hargress applied for disability benefits and alleged a disability onset date of January 21, 2013 due to her type II diabetes, ex... More...
   $0 (11-06-2017 - AL)

Kent Vu Phan v. Christopher C. Cross, Judge, et al. Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Proceeding pro se,1 Kent Vu Phan appeals the district court’s dismissal of his claims under 42 U.S.C. § 1981, 42 U.S.C. § 1983, and the Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. §§ 12101–12213. We affirm.
2
Phan filed two lawsuits in state court and received unfavorable judgments in
both. He later brought suit in federal district court against the presiding judges andMore...
   $0 (11-06-2017 - CO)

STATE OF OHIO vs. QURAN HAMM,

There were two indictments in this case. The first, numbered B
1405019, charged defendant-appellant Quran Hamm with trafficking in marijuana,
three counts of having a weapon while under a disability (“WUD”), and two counts of
felonious assault of a peace officer, each with three accompanying firearm
specifications. The second indictment, numbered B-1503840, charged Hamm with <... More...
   $0 (11-06-2017 - OH)

STATE OF OHIO vs. DELRICO ROBERTSON

Following a jury trial in 2007, Robertson was found guilty of one count
of murder for the shooting death of Cox; four counts of felonious assault in
connection with the shootings of Willis and Hayes—each man was the victim in two
counts; and three counts of having a weapon while under a disability. The trial court
sentenced Robertson to 50 years to life. Robertson appealed. ... More...
   $0 (11-06-2017 - OH)

STATE OF OHIO vs. JAMAR HAMILTON

Defendant-appellant Jamar Hamilton was convicted of one count of
possession of heroin, a felony of the fifth degree, one count of possession of heroin, a
felony of the first degree, one count of trafficking in heroin, a felony of the first
degree, and one count of tampering with evidence, a felony of the third degree. He
was sentenced to 11 years in prison for each of the firs... More...
   $0 (11-06-2017 - OH)

STATE OF OHIO vs. ANDRE BUCK

Defendant-appellant Andre Buck appeals the judgment of the
Hamilton County Common Pleas Court convicting him, after a jury trial, of the
kidnapping of Tyrell George.
{¶2} Buck was indicted for kidnapping, with firearm specifications, and for
having a weapon while under a disability. Three codefendants, Anthony Barrow,
Timothy Watson, and Lonnie Rucker, were also indicted ... More...
   $0 (11-06-2017 - OH)

Ben McAlpine v. The State of Texas Texas Tenth District Court of Appeals

A jury convicted Appellant Ben McAlpine of aggravated assault of a
family/household member with a deadly weapon and assessed his punishment at life
imprisonment. In his sole issue, McAlpine asserts that the trial court erred in denying his
motion to suppress the statements he made after he invoked his right to remain silent.
We will affirm.
McAlpine v. State Page 2 More...
   $0 (11-04-2017 - TX)

STATE OF MONTANA v. MICHAEL KEITH SPELL

On January 7, 2012, Gary Arnold returned home after a morning walk and noticed
his wife, Sherry Arnold (Arnold) was not there.1 As she was an avid walker and jogger,
Gary assumed Arnold had gone out for a jog. Gary became concerned when Arnold did
not return home and went out to look for her. When Gary could not find Arnold, he
contacted family and local law enforcement. A ... More...
   $0 (11-03-2017 - MT)

ANA L. PAZ v. STATE OF NEW JERSEY R. J. Hughes Justice Complex, Trenton, NJ

Plaintiff appeals from an order that granted summary judgment
to the State of New Jersey, dismissing her personal injury claim
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in othe... More...
   $0 (11-02-2017 - NJ)

United States of America v. North Canaan School District District of Connecticut Federal Courthouse - New Haven, Connecticut

New Haven, CT - U.S. Attorney's Office Settles ADA Case with North Canaan School District

Deirdre M. Daly, United States Attorney for the District of Connecticut, on October 27,l 2017 announced that the U.S. Attorney’s Office has reached an Americans with Disabilities Act (ADA) settlement with the North Canaan School District to ensure equal access for children with disabilities at the No... More...
   $0 (11-02-2017 - CT)

Steve Jameson v. Pacific Gas and Electric Company

Steve Jameson sued pacific Gas and Electric Company (PG&E) for wrongful
termination and breach of the covenant of good faith and fair dealing. He alleged PG&E
fired him in violation of an implied-in-fact employment contract not to terminate his
employment without good cause. PG&E moved for summary judgment on the grounds
that Jameson was an at-will employee and, alternatively, that... More...
   $0 (11-02-2017 - CA)

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