United States citizen Fauzia Din filed a visa petition on behalf of her husband Kanishka Berashk, a citizen and resident of Afghanistan. Nine months later, the visa was denied. Consular officials informed Din and Berashk only

4 DIN V. KERRY

that the visa had been denied under 8 U.S.C. § 1182(a)(3)(B), a broad provision that excludes aliens on a variety of terrorism-related grounds. ... More...   $0 (05-23-2013 - CA)

John Eldridge Cone, a federal prisoner proceeding pro se, seeks to appeal the district court’s dismissal of his pleading entitled “Motion to Vacate Judgment Obtained Through Fraud Upon the Court Pursuant to Fed. R. Civ. P. 60(d)(3),â€� which the district court construed as an unauthorized second or successive motion under 28 U.S.C. § 2255. We deny a certificate of appealability (COA) and dism... More...   $0 (05-23-2013 - OK)

This is an appeal from a trial court’s order terminating appellant A.A.M’s parental rights to S.A.C., a minor child.1 A.A.M. contends the trial court erred in terminating her parental rights because the evidence is legally and factually insufficient to support the trial court’s findings that: (1) A.A.M. constructively abandoned S.A.C., and (2) termination was in S.A.C.’s best interest. We ... More...   $0 (05-22-2013 - TX)

Joseph W. Mort (“Movantâ€�) was convicted of two counts of first-degree statutory sodomy and sentenced to two consecutive terms of life in prison; he subsequently filed a post-conviction motion under Rule 29.15(a) claiming his trial counsel1 was ineffective for failing to call witnesses, for failing to present evidence that another person caused “any medical evidence,â€� and for misadvising hi... More...   $0 (05-22-2013 - MO)

Our question is whether the Constitution permits the Arizona legislature to prohibit abortion beginning at twenty weeks gestation, before the fetus is viable. We hold that it does not.

Arizona House Bill 2036 (“H.B. 2036â€� or “the Actâ€�), enacted in April 2012, forbids, except in a medical emergency, abortion of a fetus determined to be of a gestational age of at least twenty weeks.... More...   $0 (05-22-2013 - AZ)

This case presents a constitutional challenge to Texas’s statutory scheme, which does not allow 18-20-year-old adults to carry handguns in public. We must hold that the state scheme withstands this challenge, because we are bound by a prior panel opinion of this court, NRA v. Bureau of Alcohol, Tobacco, Firearms, & Explosives, 700 F.3d 185 (5th Cir. 2012) (hereinafter BATF).

Case: 12-1009... More...   $0 (05-20-2013 - TX)

Robert Jeffrey Chaskes, D.O., Sandra Saint-Eloi, A.R.N.P., and their employer Vohra Health Services, P.A., appeal from a final judgment in this medical malpractice action for the negligent treatment of a sacral decubitus ulcer (a bedsore). The defendant doctor and nurse treated then eighty-eight-year-old Dilia Jaquez over a period of two weeks while she was at Miami Gardens Nursing Center followin... More...   $0 (05-20-2013 - FL)

The State of Ohio charged Ricardo Woods, age 35, with murder with specification in violation of 2903-02A and B, felonious assault with specification in violation of 2903-11A1 of the Ohio statutes; having weapons while under disability in violation of 2923-13A2 of the Ohio statutes and having weapons while under disability in violation of 2923-13A3 of the Ohio statutes in conjunction with the shooi... More...   $0 (05-18-2013 - OH)

In this case, we consider a certified question concerning the award of compensation under the Florida Birth-Related Neurological Injury Compensation Plan (the Plan). We have for review the decision of the Fifth District Court of Appeal in Samples v. Florida Birth-Related Neurological, 40 So. 3d 18 (Fla. 5th DCA 2010). The Fifth District upheld the constitutionality of section 766.31(1)(b)1, Florid... More...   $100000 (05-16-2013 - FL)

Michael Joseph Griffin appeals an order of the circuit court denying his motion to vacate his conviction for first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851. Griffin also petitions this Court

- 2 -

for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons explained below, we affirm the tr... More...   $0 (05-16-2013 - FL)

Appellant M.G.P. appeals from the trial court’s decree terminating his parental rights to his three children, who were aged seven, five, and four at the time of termination. He complains that his due process rights were violated when the trial court refused to grant his motion to extend the case and instead proceeded to trial. We affirm the trial court’s termination decree.

The factua... More...   $0 (05-16-2013 - TX)

A jury convicted appellant Marvin Ariel Pagoada of capital murder for his role as a co-conspirator in a robbery that resulted in murder. See TEX. PENAL CODE ANN. § 7.02 (West 2011). Pagoada contends that extraneous-offense evidence was

2

improperly admitted and that the evidence was legally insufficient to prove that he should have anticipated the murder. We affirm.

Backgrou... More...   $0 (05-16-2013 - )

These claims brought under 42 U.S.C. § 1983 raise the issue whether certain actions taken by South Carolina prison officials after an inmate’s suspected receipt of contraband, including suspension of the inmate’s visitation privileges for two years, violated his constitutional rights. We conclude that the prison warden who imposed the challenged actions is shielded by qualified immunity from ... More...   $0 (05-15-2013 - SC)

The United States of American charged Bobby Ray Harris, age 26, of willfully making a threat in violation of 18 U.S.C. 844 and attempting to extort bank money in violation of 18 U.S.C. 2113 as a result of threatening to bomb the high school in Miami, Oklahoma on September 11, 2012. It claimed that Harris called the school and said that a bomb had been placed in the school. As a result of the cal... More...   $0 (05-15-2013 - OK)

The State of Oklahoma charged Scott Christopher Edwards, age 31, with first-degree murder in violation of 21 O.S. 701, first-degree manslaughter in violation of 21 O.S. 711-723 and accessory after the fact in violation of 21 O.S. 173 in conjunction with the death of Rickey Dean McClain, age 54, who was shot to death in his residence in Sapulpa, Oklahoma on April 15, 2012. The State claimed that De... More...   $0 (05-14-2013 - OK)

In 2008, the Borough of Palmyra (“Palmyraâ€�) ordered closed for five months an open-air flea market, owned and operated by National Amusements, Inc. (“NAIâ€�), due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for the United States Army. NAI filed the instant action alleging that Palmyra’s action violated its constitut... More...   $0 (05-14-2013 - NJ)

The United States of America charged James Paul Wright, age 23, with conspiracy to commit robbery in violation of 18 U.S.C. 1951, attempted robbery in violation of 18 U.S.C. 1951, two counts of possession of firearm in furtherance of a crime of violence in violation of 18 U.S.C. 924 and carjacking in violation of 18 U.S.C. 2119. It also sought forfeiture of firearms pursuant to 28 U.S.C. 2461 in ... More...   $0 (05-13-2013 - OK)

We must decide whether police officers used excessive force in a struggle that led to the death of a person suspected of possessing illegal drugs.

I

A

On September 25, 2009, at 2:00 AM in the morning, Officers Daron Wyatt and Matthew Ellis, members of the Anaheim Police Department, were responding to a routine call to check on a transient. While turning left at an intersection... More...   $0 (05-13-2013 - CA)

Jeff Lawson and Christie Lawson sued Stephen L. LaFrance Pharmacy, Inc. d/b/a Med X Drug Store 6116, Stephen L. LaFrance Holdings, Inc. and Med X Corporation on medical negligence (medical malpractice pharmacy malpractice) theories claiming to have been injured and/or damaged as a direct result on a failure to exercise due care on the part of Defendants' agents or employees. The specifics of the ... More...   $25000 (05-12-2013 - OK)

The State of Louisiana charged Nakeith Sparkman, age 27, and Michael Shelby, age 28, with second-degree murder, aggravated burglary and illegal possession of a firearm by a convicted felon in conjunction with the death of a marijuana dealer from whom the defendants were trying to steal the drug. The State's attorney claimed that Sparkman and Shelby went to the apartment of Randard "Deuce" Brown, ... More...   $0 (05-11-2013 - LA)

Milton Tietz and Delores Tietz sued Abbott Laboratories on a products liability theory claiming that Abbott failed to warn doctors of the risk to Delores of contracting histoplasmosis while taking Humira, a TNF blocker, for rheumatoid arthritis. Delores took Humira for seven months before experiencing chest pain and fevers. He illness went undiagnosed for weeks before being diagnosed by her docto... More...   $2240000 (05-10-2013 - IL)

The United States of America charged Jose Trevino Morales, age 46, with conspiracy to launder money by buying racehorses to high illegal drug profits. The Government alleged that Miguel Angel and Oscar Omar Trevino Morales, are the leaders of the Zeta, a Nuevo Leon-based organization that has expanded beyond the drug trade to because the biggest criminal organization in Mexico and has extended its... More...   $0 (05-10-2013 - TX)

Appellant, Martha, appeals the trial court‘s order terminating her parental rights to her two daughters, D.N. and D.N. On appeal, Martha contends the evidence is insufficient to support the trial court‘s order of termination. We will reverse.

Factual and Procedural History

Emergency Removal and First Petition for Termination In February 2010, the Spearman Police Department was al... More...   $0 (05-09-2013 - TX)

The issue presented for our review is whether a municipal ordinance criminalizing “loitering with intent to commit prostitution� is facially unconstitutional. We find that the ordinance is overbroad and vague, and as such, we affirm the trial court which correctly found this ordinance unconstitutional.

Appellee was charged with violating the City of West Palm Beach ordinance regarding â... More...   $0 (05-08-2013 - FL)

When Appellant Joan LaPlante's once-successful factoring business ran into serious financial trouble, she allegedly defrauded a number of lenders to obtain more money to help get her out of the mess. After a government investigation, indictment and five-day trial, a jury convicted LaPlante of mail fraud under 18 U.S.C. § 1341. LaPlante now appeals her conviction, challenging the district court's ... More...   $0 (05-08-2013 - NH)