¶1 Roland McNeil appeals his conviction for aggravated assault. McNeil contends that the trial court committed reversible error by improperly admitting three pieces of evidence: paraphrased portions of telephone records, a statement made by the victim’s daughter, and testimony regarding an unavailable witness’s prior inconsistent statements. We affirm. State v. McNeil

BACKGROUND1
More...   $0 (05-23-2013 - UT)

¶1 James Michael Reece (Defendant) appeals his
convictions and sentences for aggravated driving with drugs in
the body, possession of a narcotic drug, and possession of drug
2
paraphernalia. He contends the trial court erred by (1) denying
his motion to suppress evidence, and (2) instructing the jury on
Arizona’s implied consent law. For the following reasons, we
aff... More...   $0 (05-21-2013 - AZ)

Officer Shane Prickett of the Florence City Police Department used a Taser on Lara Roosevelt-Hennix while Roosevelt-Hennix’s hands were cuffed behind her back and she was seated in the back seat of a police car. Roosevelt-Hennix brought suit pursuant to 42 U.S.C. § 1983, alleging Prickett subjected her to excessive force in violation of the Fourth Amendment. See Graham v. Connor, 490 U.S. 386, ... More...   $0 (05-16-2013 - CO)

This is a false arrest and excessive force case following an altercation between Reynaldo Ramirez (“Ramirezâ€�) and Deputy Jose “Taser Joeâ€� Martinez (“Martinezâ€�) in Jim Wells County, Texas. Martinez appeals the district court’s denial of summary judgment based on qualified immunity on Ramirez’s 42 U.S.C. § 1983 claims and state-law official immunity on Ramirez’s state-law claims. ... More...   $0 (05-15-2013 - TX)

Ali Sina Karimi petitions this court for review of a Board of Immigration Appeals ("BIA") final order of removal. Karimi contends the BIA erred when it ruled that his Maryland second-degree assault conviction was for a "crime of violence" under 18 U.S.C. § 16, and thus an "aggravated felony" under 8 U.S.C. § 1101(a)(43)(F) that triggered his removability. For the reasons that follow, we grant Ka... More...   $0 (05-14-2013 - DC)

JoAnn Phillips appeals from a summary judgment rendered in favor of Metropolitan Life Insurance Company and The Verizon Employee Benefits Committee (VEBC) on her claim that MetLife, acting on behalf of VEBC, improperly withheld long-term disability benefits to which she was entitled. We affirm.

I. BACKGROUND

During her employment as a benefit specialist with a subsidiary of Verizon C... More...   $0 (05-10-2013 - TX)

2 Richard James and Ronald Mallay appeal from judgments
3 of conviction based on their participation in a wide-ranging
4 conspiracy that involved fraudulently obtained life insurance
5 policies for members of their extended families and others in the
6 Guyanese and Guyanese-American community, and, in several
7 instances, murder of the insured in order to collect on those
8... More...   $0 (05-01-2013 - NY)

The State of Montana charged Molly Megan Martwig, age 29, with a fifth charge of drunken-driving (DUI). She was arrested when she was found walking away from a single car accident on January 7, 2011 on Wyoming Avenue in Billings, Montana.... More...   $0 (05-01-2013 - MT)

Like other circuits, the panel adopted a two-step approach to interpretation of the Second Amendment. The first consideration is whether “the conduct at issue falls within the scope of the Second Amendment right� as shown by “historical traditions.� NRA v. ATF, 700 F.3d 185, 194 (5th Cir. 2012).

The second level of consideration is to apply a type of intermediate scrutiny based on... More...   $0 (04-30-2013 - TX)

The State of Oklahoma charged Stanley Dale Campbell, age 72, with first-degree manslaughter in violation of 21 O.S. 711 in conjunction with the death of Jesus Salcido, age 53, in a motor vehicle accident that occurred on November 6, 2011. The State alleged that Campbell was driving under the influence (DUI) and that the caused the accident that killed Salcido.... More...   $5000 (04-19-2013 - OK)

The State of Montana charged John Harvey Hoots, age 54, with DUI for the 13th time after having served 10 years in prison after having been convicted for the 12th time. Hoods had only been out of prison for six weeks when he was again arrested for DUI.... More...   $0 (04-18-2013 - MT)

The Family and Estate of Thomas Fleming sued Gregory Dionisio, age 25, on auto negligence wrongful death loss of consortium theories claiming that Mr. Fleming was killed in a car wreck caused by Dionision that occurred in Fairfield County, Connecticut in 2009 when Dionisio's car crossed the center line of highway and hit Fleming's care. The plaintiffs claimed that Dionisio was intoxicated.
<... More...   $3375000 (04-12-2013 - CT)

This appeal requires us once again to wade into the morass of litigation involving mortgage foreclosures under Michigan law. In this case, Plaintiff Michael Conlin seeks to have the foreclosure sale of his property in Ann Arbor, Michigan set aside based on alleged defects in the assignment of the mortgage on the property from Defendant Mortgage Electronic Registration Systems to Defendant U.S. Ban... More...   $0 (04-10-2013 - MI)

This excessive force case against officers of the Broadview Heights Police Department (BHPD) and the City of Broadview Heights arises from the fatal arrest of William Parker Martin, an unarmed and mentally unstable 19-year-old. Martin’s estate sued several BHPD officials asserting that the use of excessive force during the arrest violated Martin’s rights under the Constitution and Ohio law. Th... More...   $0 (04-09-2013 - OH)

The State of Oklahoma charged Jennifer Lyn Adams, age 37, with second degree municipal arrest DUI in violation of 47 O.S. 11-902; unlawful possession of controlled drug in violation of 63 O.S. 2-402; transporting open container of liquor in violation of 37 O.S. 537; and driving left of center in violation of 47 O.S. 11-306.

Defendant was previously convicted to manslaughter in conjunction w... More...   $0 (04-08-2013 - OK)

This appeal from the denial of motion for a new trial based on newly discovered evidence presents claims that the Government violated due process requirements by failing to disclose exculpatory information and failing to correct testimony known to be false. Defendant-Appellant Michael Sessa appeals from the January 25, 2011, order of the United States District Court for the Eastern District of New... More...   $0 (04-02-2013 - NY)

2 Richard James and Ronald Mallay appeal from judgments
3 of conviction based on their participation in a wide-ranging
4 conspiracy that involved fraudulently obtained life insurance
5 policies for members of their extended families and others in the
6 Guyanese and Guyanese-American community, and, in several
7 instances, murder of the insured in order to collect on those
8... More...   $0 (03-28-2013 - NY)

William Dailey (Dailey), individually and on behalf of a proposed class of similarly situated individuals, sued Sears, Roebuck and Co. (Sears), alleging several

2

causes of action arising from Dailey's core contention that Sears violated California's wage and hour laws, including those governing overtime pay and rest and meal breaks, with respect to its auto center "Managers" and "As... More...   $0 (03-27-2013 - CA)

Nick Hilton sued Andrew Garrean, Hisc Tulsa, Inc. and Bonefish Grill, LLC on auto negligence, respondeat superior and dram shop theories claiming:

1. Plaintiff, Nick Hilton is a resident of Tulsa County, State of Oklahoma, and was at the time of the incident which gave rise to the claims for relief set forth herein.

2. Defendant, Andrew Garrean, is a resident of Tulsa County, Sta... More...   $1 (03-23-2013 - OK)

K.A. was a fifth-grade student at the Barrett Elementary Center of the Pocono Mountain School District (the ―School District‖), who was prohibited from distributing invitations to her classmates to a Christmas party at her church. Her father filed suit on K.A.‘s behalf, alleging that the School District had violated her First and Fourteenth Amendment rights. The District Court, applying the ... More...   $0 (03-12-2013 - PA)

Defendant Richard Eugene Hendrix was convicted of resisting an executive officer by use of force or violence in the performance of his duty in violation of Penal Code section 69. In a separate bench trial, the court found true an alleged prior strike. Defendant was sentenced to six years in state prison.

Defendant‟s first trial ended in a mistrial when the jury declared it was unable to r... More...   $0 (03-07-2013 - VS)

The State of Oklahoma charged Eric Scott Brown with DUI, second offense in violation of 47 O.S. 11-902; leaving the scene of an accident involving property damage in violation of 47 O.S. 10-103; driving without a driver's license in violation of 47 O.S. 6-303; failure to carry insurance security verification form in violation of 47 O.S. 7-606; and improperty passing on the right in violation of 47... More...   $0 (03-01-2013 - OK)

The State of Oklahoma charged Cameron Wayne Davis with misdemeanor possession of controlled drug in violation of 63 O.S. Section 2-402; carrying a firearm while under the influence of drugs or alcohol in violation of 21 O.S. Section 1289.9; drving under the influence of alcohol in violation of 47 O.S. Section 11-902(A)(2) and 42 O.S. Section 11-901; and speeding violation of 47 O.S. Section 11-801... More...   $0 (02-27-2013 - OK)

In this action brought under the False Claims Act (Gov. Code, § 12650 et seq.),1 the qui tam plaintiffs allege that defendant Laidlaw Transit, Inc. (Laidlaw), and its successor in interest, First Student, Inc. (FSI), failed to maintain and repair the company‘s buses as required by the company‘s contract with San Francisco Unified School District (SFUSD). At issue here is an injunction issued ... More...   $0 (02-19-2013 - CA)

This appeal comes before us after a dismissal of a complaint filed pro se by Melissa A. Juárez against two entities she claims illegally foreclosed her home once she defaulted on her mortgage payments. The district court dismissed her complaint for failure to state a claim. Because we find that the complaint states plausible claims for relief and that the district court abused its discretion in ... More...   $0 (02-15-2013 - MA)