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Dismissal Law
 
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)

William Casey v. State of Tennessee

The 2011 convictions in this case stem from the conduct of the Petitioner against the victim in 1979 and 1980 while the then-juvenile victim was attending a school associated with the church where the Petitioner was the head priest. The evidence presented at trial established that the Petitioner engaged in sexual acts with the victim on three separate occasions when the victim was thirteen and fo... More...   $0 (05-22-2018 - TN)

Nasir Hakeem v. State of Tennessee

Following a bench trial, the Petitioner, a foreign national from Pakistan, was convicted of two counts of sexual battery, a Class E felony. State v. Nasir Hakeem, No. M2012-02150-CCA-R3-CD, 2013 WL 6706122, at *1 (Tenn. Crim. App. Dec. 18, 2013), perm. app. denied, (Tenn. May 14, 2014). On August 2, 2012, the trial court imposed concurrent, suspended sentences of eighteen months for each convict... More...   $0 (05-22-2018 - TN)

William Boatwright v. State of Tennessee COURT OF CRIMINAL APPEALS OF TENNESSEE

This case arises from the Petitioner’s participation in a home invasion of an apartment in which numerous people were present. See State v. William Ray Boatwright, No. E2012-00688-CCA-R3-CD, 2013 WL 775787 (Tenn. Crim. App. Feb. 28, 2013), perm. app. denied (Tenn. June 12, 2013). After the trial, the trial court merged the aggravated assault convictions with the especially aggravated robbery co... More...   $0 (05-22-2018 - TN)

STATE OF OHIO vs. BISHOP J. HICKS

In Cuyahoga C.P. No. CR-17-613700-C, Hicks was charged for his involvement in
an incident that occurred on January 23, 2017, during which Hicks and his codefendants, Eric
Henderson and Javon Mason, robbed an individual at gunpoint. On January 31, 2017, the
Cuyahoga County Grand Jury returned a four-count indictment charging Hicks with
(1) aggravated robbery, a first-degree fel... More...
   $0 (05-21-2018 - OH)

Patricia Theriault v. Genesis Healthcare, LLC District of Maine Federal Courthouse - Portland, Maine

Plaintiff-appellant Patricia
Theriault bills this case as one in which the district court
ignored the teachings of the Maine Supreme Judicial Court (known
in its appellate capacity as the Law Court) and improperly relied
on the McDonnell Douglas framework, see McDonnell Douglas Corp. v.
Green, 411 U.S. 792 (1973), when granting her employer's motion
for summary judgment. At... More...
   $0 (05-21-2018 - ME)

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 - )

STATE OF OHIO v. ANDREW MELMS

This matter is before the Court on the August 8, 2017 Notice of Appeal of
Andrew Melms. Melms appeals from the trial court’s July 28, 2017 Judgment Entry of
Conviction, following a no contest plea to one count of aggravated possession of drugs,
namely fentanyl, in violation of R.C. 2925.11(A), a felony of the fifth degree. His appeal
is specifically addressed to the trial co... More...
   $0 (05-20-2018 - OH)

RICK POIRIER v. PROCESS EQUIPMENT CO. OF TIPP CITY

On June 8, 2016, Poirier filed a complaint against PECo for monetary
damages and equitable relief, based on PECo’s alleged breach of Poirier’s
manufacturer’s representative agreement. The complaint alleged four causes of action
against PECo: breach of contract; conversion of fees paid by Poirier’s clients; violation of
the statutory duty in R.C. 1335.11 when PECo failed to pay... More...
   $0 (05-20-2018 - OH)

Susanna Conlin v. State of Indiana Indiana Court Of Appeals

Susanna Conlin appeals from her conviction of operating a vehicle while intoxicated endangering a person,1 a Class A misdemeanor. She argues the trial
court erred by misapplying a statutory presumption in favor of the State and by
abusing its discretion in the admission of evidence.
[2] The following issues are presented for our review:
1. Did the trial court misapply a stat... More...
   $0 (05-20-2018 - IN)

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)

Edward Tobey v. Brenda Chibucos and Mary Stanton Northern District of Illinois Courthouse - Chicago, Illinois

One man’s extradition is another
man’s “kidnapping.” Edward Tobey, the plaintiff here, has
three state-court convictions (one in Illinois and two in Florida)
for possession of child pornography. Tobey also has a penchant
for resisting the conditions of probation placed upon him
2 Nos. 16-3927 & 16-4037
by courts and by his probation officer. In 2013, his tussles with
th... More...
   $0 (05-17-2018 - IL)

Scott Greenberg v. The State of Texas COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

In exchange for a four-year prison sentence, Appellant pled guilty and
judicially confessed to possessing less than a gram of the controlled substance
25I-NBOMe, a state jail felony,2 and pled true to the enhancement allegations
elevating his sentence to that of a second-degree felony.3 See Tex. Health &
Safety Code Ann. §§ 481.1021, 481.1151(a)–(b)(1) (West 2017); Tex. Penal ... More...
   $0 (05-16-2018 - TX)

Jorge Fierro v. Landry's Restaurant

Plaintiff Jorge Fierro filed the underlying action against defendant Landry's
Restaurant Inc.,1 seeking remedies for what Fierro alleges to be Landry's' violations of
specified California labor laws and wage orders. Fierro asserts claims on behalf of
himself and on behalf of a class of individuals that he alleges is similarly situated.
Landry's demurred to the complaint on the basi... More...
   $0 (05-15-2018 - CA)

Kathryn G. Collier and Benjamin M. Seitz v. SP Plus Corporation Northern District of Illinois Courthouse - Chicago, Illinois

This case presents an unusual circumstance: both parties insist that the plaintiffs lack Article III standing to sue. They draw opposing conclusions from this premise, however. The plaintiffs say that without standing their case could not be removed from state court using 28 U.S.C. § 1441; the defendant justifies removal but says the case then required dismissal for lack of standing. The district ... More...   $0 (05-14-2018 - )

State of Tennessee v. Justus Onyiego

In January 2015, the Shelby County Grand Jury indicted the Appellant for two counts of aggravated rape based upon alternative theories. The indictment alleged the rapes occurred in September 2004, and the Appellant’s jury trial began on June 1, 2016. Although the Appellant does not contest the sufficiency of the evidence, we will summarize the evidence presented at trial.
The thirty-seven-yea... More...
   $0 (05-14-2018 - TN)

State of Ohio v. Michael Jividen

On October 26, 1990, appellant pleaded guilty to charges of aggravated
murder, aggravated robbery, aggravated burglary, grand theft of a motor vehicle, and
escape. The charges were contained in three separate case numbers. In case No. CR
199005104B, appellant pleaded guilty to aggravated murder and grand theft of a motor
vehicle. A nolle prosequi was entered at sentencing a... More...
   $0 (05-14-2018 - OH)

Debbie Williams, et al. v. Affinion Group, LLC, et al. Southern District of New York - New York, New York

The post‐transaction marketing employed by Trilegiant and its e‐merchant
partners functions as follows. Online merchants such as Buy.com, Inc. and
Priceline.com, Inc. enter into an arrangement with Trilegiant to permit the
advertisement of membership club programs to their customers. In the course
of completing a transaction, a link, banner, or webpage appears on theMore...
   $0 (05-14-2018 - NY)

Bryan Blue v. California Office of the Inspector General

This appeal challenges the trial court’s partial denial of a special motion to strike
pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute,1 directed

1 Undesignated statutory references are to the Code of Civil Procedure. SLAPP is
an acronym for “strategic lawsuit against public participation.”
2
at causes of action arising out of the manner in which... More...
   $0 (05-14-2018 - CA)

STATE OF OHIO v. Robert Lee Tucker

On July 28, 2016, Robert Lee Tucker stole merchandise totaling $305.10
from the Walmart store in Perrysburg, Ohio. He pushed a shopping cart filled with this
merchandise to the front of the store and presented the store greeter with a phony receipt.
When she questioned him about items that did not appear on the receipt, he ran the cart
out the doors and across the parking lot... More...
   $0 (05-13-2018 - OH)

STATE OF OHIO v. DEONTAE HOWARD

In the spring of 2014, when he was 17 years old,1 Howard was charged as
a juvenile delinquent in the Montgomery County Court of Common Pleas, Juvenile
Division, for conduct that would amount to second-degree-felony robbery if committed by
an adult. The charges arose after it was alleged that Howard took part in a version of
the “knock out game” that had recently been sensation... More...
   $0 (05-13-2018 - OH)

STATE OF OHIO vs. BRANDON OWENS

In exchange for the state’s dismissal of one count of trafficking in
heroin, Owens entered guilty pleas to two counts of trafficking in heroin, one count
of aggravated trafficking in a Schedule II controlled substance, and one count of
having a weapon while under a disability. The parties agreed that Owens would be
sentenced to a total of four and a half years in prison and wo... More...
   $0 (05-13-2018 - OH)

UNITED STATES OF AMERICA v. COUNTY OF MARICOPA, Arizona and PAUL PENZONE,* in his official capacity as Sheriff of Maricopa County, Arizona

The United States brought this action to halt racially discriminatory policing policies instituted by Joseph Arpaio, the former Sheriff of Maricopa County, Arizona. Under Arpaio’s leadership, the Maricopa County Sheriff’s Office (MCSO) routinely targeted Latino drivers and passengers for pretextual traffic stops aimed at detecting violations of federal immigration law. Based on that and other un... More...   $0 (05-13-2018 - AZ)

Christopher Alexander v. Scripps memorial Hospital La Jolla

This case raises issues concerning the legal obligations imposed on health care
providers when a patient's health care directives conflict with the providers' opinions that
the requested care would be medically ineffective and may cause harm. Elizabeth
Alexander, a 70-year-old woman suffering from end-stage terminal pancreatic cancer,
died four days after she was transferred from a... More...
   $0 (05-13-2018 - CA)

Alysia Webb v. City of Riverside

Petitioner Alysia Webb1 (Webb) filed a verified petition for writ of mandate in
superior court alleging the City of Riverside (Riverside) violated Propositions 26 and 218
when it began transferring additional revenue from electric utility reserve fund accounts
into the general fund without approval by the electorate. Webb contends the court
improperly dismissed her case without lea... More...
   $0 (05-12-2018 - CA)

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