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Due Process Law
 
Elizabeth A. Clemons v. Norton Healthcare, Inc. Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This appeal is the latest installment in an ERISA litigation
saga that has spanned almost ten years. At the risk of oversimplifying their case, the Plaintiff–
Retirees claim that Defendant Norton Healthcare, Inc. Retirement Plan (“Norton”) underpaid
them under the terms of the plan. The district court found that the plan was unambiguous in the
Retirees’ favor. We agree with the dis... More...
   $0 (05-16-2018 - KY)

Kerrie Reilly v. Marin Housing Authority

Kerrie Reilly lives with her severely disabled adult daughter in housing subsidized
by the Marin Housing Authority (MHA). The family participates in the Housing Choice
Voucher program, commonly known as Section 8, which MHA administers according to
the rules and regulations of the United States Department of Housing and Urban
Development (HUD). As a Section 8 participant, Kerrie Re... More...
   $0 (05-16-2018 - CA)

Lorenzo Emanuel v. The State of Texas

Around 5:00 a.m. on February 28, 2016, an inmate-related disturbance in
the Denton County Jail’s Special Housing Unit delayed distribution of the
inmates’ breakfast trays.2 When inmate Emanuel eventually received his tray, he
complained that his breakfast was cold and requested a “Johnny Sack”—an
alternative inmate meal that is served in a brown paper bag, usually containing a ... More...
   $0 (05-15-2018 - TX)

Brian Thomas Spinks v. The State of Texas

Brazoria County Sheriff’s Department (“BCSD”) Deputy B. Harper, the
complainant, testified that while he was on patrol on April 9, 2016, he was
dispatched to investigate a “suspicious person” walking around a construction site
adjacent to the volunteer fire department and the surrounding neighborhood on
Demi-John Island in Brazoria County, Texas. When Harper arrived at the sce... More...
   $0 (05-15-2018 - TX)

ANTOINE L. BYNUM v. STATE OF FLORIDA

On April 26, 2015, the day before trial was initially scheduled, Appellant’s counsel
filed a notice of incompetency. As a result, the trial court held a competency hearing, and
after considering the reports of two court-appointed experts, found Appellant incompetent
to proceed and committed him to the Department of Children and Families (DCF) for
treatment at the state hospita... More...
   $0 (05-15-2018 - FL)

Montrell Greene v. Greenwood Public School District Northern District of Mississippi Federal Courthouse - Oxford, Mississippi

Greenwood Public School District (GPSD) hired Montrell Greene as superintendent of schools in April 2013. Greene’s contract initially provided for a three-year term of employment. GPSD later extended the contract through June 2018. On January 4, 2016, three members of the GPSD Board of Trustees—Deirdre Mayes, Randy Clark, and Samantha Milton—called a special meeting and voted to terminate Greene’s... More...   $0 (05-15-2018 - MS)

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)

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)

Demetrius Anderson v. State of Tennessee

On March 23, 2013, the Petitioner robbed two men, Richard Cooper and Willie Crawford, at gunpoint and took $60 and some marijuana. The victims called the police, and the Petitioner was apprehended after a short foot chase. In July 2013, the Petitioner was indicted for aggravated robbery and criminal attempt to commit aggravated robbery. On September 4, 2013, the trial court ordered the Petitione... More...   $0 (05-14-2018 - TN)

Nikolaus Johnson v. State of Tennessee

The procedural history of this case is protracted and complex. A Sullivan County Criminal Court jury convicted the petitioner of one count of the first degree premeditated murder of Bristol Police Department Officer Mark Vance, who had been dispatched to the home of the petitioner’s girlfriend to answer a call that the petitioner was “at the house threatening her with a gun,” and sentenced him to... More...   $0 (05-14-2018 - TN)

STATE OF OHIO vs. Antonio J. Ellison

On September 23, 2015, Ellison was indicted on (1) one count of rape, a violation of R.C. 2907.02 and a felony of the first degree; (2) two counts of kidnapping, violations of R.C. 2905.01 and felonies of the first degree; and (3) one count of abduction, a violation of R.C. 2905.02 and a felony of the third degree. The indictment arose out of
No. 17AP-328 2


Ellison's... More...
   $0 (05-14-2018 - OH)

STATE OF OHIO vs. ANTHONY COLLINS, JR.

Collins was indicted in an eight-count indictment. Counts 1 and 2 charged
attempted murder in violation of R.C. 2923.02 and 2903.02(A); Count 3 charged
aggravated robbery in violation of R.C. 2911.01(A)(1); Counts 4 and 5 charged felonious
assault in violation of R.C. 2903.11(A)(1); and Counts 6 and 7 charged felonious assault
in violation of R.C. 2903.11(A)(2). All counts ca... More...
   $0 (05-14-2018 - OH)

STATE OF OHIO vs. ALIJAH K. LEE

The sentences imposed in this case are not ones that can be reviewed under
R.C. 2953.08(D)(1). R.C. 2953.08(D)(1) states as follows:
A sentence imposed upon a defendant is not subject to review under this section if the sentence is authorized by law, has been recommended jointly by the defendant and the prosecution in the case, and is imposed by a sentencing judge.

In that... 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)

Mark Burns v. Daniel P. Martuscello, Jr., et al. Northern District of New York Federal Courthouse - Syracuse, NY

12 Plaintiff‐Appellant Mark Burns appeals from a February 10, 2015 decision
13 and order of the United States District Court for the Northern District of New
14 York (Kahn, J.), adopting the report‐recommendation of the magistrate judge
15 (Hummel, M.J.) in its entirety, and granting summary judgment to defendants.
16 Burns brought several Section 1983 claims, alleging ... More...
   $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. TANNER D. HOPKINS

This case arises from the January 13, 2015 assault suffered by Chaenin
Taylor. At the time of the assault, Taylor was seven-months pregnant. As a result of
the assault, the fetus died.
{¶ 3} Following an investigation, Hopkins was indicted on one count of murder
(purposeful) in violation of R.C. 2903.02(A), one count of involuntary manslaughter in
violation of R.C. 2903... More...
   $0 (05-13-2018 - OH)

STATE OF ARIZONA v. VINCENT JOSEPH GUARINO

To secure membership in the Aryan Brotherhood, a criminal gang, Defendant Vincent Guarino (“Guarino”) sought to murder Chad Rowe. Accompanied by his brother Frank Guarino (“Frank”), Guarino went to a home in north Phoenix. Guarino entered, found Chad, and brought him out at gunpoint. The three men drove away in a truck. Chad’s body was later found in a residential street. He had been stabbed ... More...   $0 (05-13-2018 - AZ)

STATE OF UTAH v. MICHAEL BINKS Utah Supreme Court

Michael Binks was convicted of possession of drugs and drug paraphernalia. In this appeal he challenges the denial of his motion to suppress the evidence that formed the basis for his conviction. We affirm. ¶2 When officers stopped Binks’s vehicle, they had at least reasonable suspicion to investigate two traffic violations and possible drug possession. And when the officers approached the vehicl... More...   $0 (05-13-2018 - UT)

UNITED STATES OF AMERICA v. IOURI MIKHEL and UNITED STATES OF AMERICA v. JURIJUS KADAMOVAS

Defendants are foreign nationals under the Hostage Taking Act: Mikhel is Russian, and Kadamovas is Lithuanian. Both lived in Los Angeles, California, during the events underlying this case. Defendants were assisted at various times by coconspirators Petro Krylov, Ainar Altmanis, Aleksejus Markovskis, and Natalya Solovyeva. Altmanis, Markovskis, and Solovyeva all pleaded guilty and
UNITED STA... More...
   $0 (05-13-2018 - CA)

United States of America v. Roger Bellanger District of Maine Federal Courthouse - Bangor, Maine

In today's story of why it's
generally not a good idea to orchestrate and then participate in
an illegal narcotics distribution ring, meet Roger Belanger of
Corinna, Maine. Belanger was indicted on one count of conspiracy
to distribute and possess with intent to distribute five kilograms
or more of cocaine and an unspecified amount of oxycodone, in
violation of 21 U.S.C. §§... More...
   $0 (05-13-2018 - ME)

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)

DANNY SNAPP v. UNITED TRANSPORTATION UNION and BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY

Snapp worked for BNSF from 1971 through 1999. He rose through the ranks, becoming a Division Trainmaster in 1986. Due to tiredness and low energy, he went to a doctor in 1994. He was diagnosed with sleep apnea and had surgeries in 1996 and 1998 in unsuccessful attempts to correct his condition. In 1999, BNSF received a report from Snapp’s physician. Snapp’s supervisor told Snapp he did not bel... More...   $0 (05-12-2018 - WA)

UNITED STATES OF AMERICA v. ROGER BELANGER United States Court of Appeals For the First Circuit

In today's story of why it's
generally not a good idea to orchestrate and then participate in
an illegal narcotics distribution ring, meet Roger Belanger of
Corinna, Maine. Belanger was indicted on one count of conspiracy
to distribute and possess with intent to distribute five kilograms
or more of cocaine and an unspecified amount of oxycodone, in
violation of 21 U.... More...
   $0 (05-12-2018 - ME)

STATE OF KANSAS v. CARL M. BURRIS

Carl M. Burris was convicted of aiding and abetting possession with intent to distribute a controlled substance. He appeals and alleges the State committed prosecutorial error. He also appeals the district court's assessment of Board of Indigents' Defense Services (BIDS) fees without considering his financial resources.

On August 24, 2016, Ronnie Gosson called the Clay County Sheriff... More...
   $0 (05-12-2018 - KS)

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