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Emotional Distress Law
Mark D. Nichols v. State of Indiana

M.S., born in 1997, was placed in ResCare between November 2011 and May
2012 under probationary charges “to receive treatment for perpetrating and
being the victim of sexual abuse.” Transcript at 8. M.S. resided in the Miller
Jones home which housed ten girls. During the day, two staff members were
with the girls, and one staff member was present at night. Nichols was a sta... More...
   $0 (05-31-2016 - IN)

Tom Iles White, III v. The State of Texas

The complainant in this case, A.L., was appellant’s stepdaughter. She was thirteen years
old at the time of trial. A.L. testified that appellant began showing her pornography when she
was four years old. As she got older, appellant progressed to touching her, kissing her and,
eventually, to sexual contact. On occasions, appellant would show A.L. pornography and then
force h... More...
   $0 (05-30-2016 - TX)


We review the evidence in the record before us at greater length than we otherwise might because of the nature of the challenges Bernhardt advances on appeal.
On the afternoon of September 29, 2012, Bernhardt picked up his live-in girlfriend Amber Kostner from work. About 7 that evening, the two went to a party, picking up their friend Josie Breeden on the way. Bernhardt left the party about... More...
   $0 (05-29-2016 - )

Juan De Los Rios v. State of Florida

Juan De Los Rios, a former captain with the Miramar Police Department, appeals his conviction and sentence for lewd or lascivious conduct on a person under the age of sixteen. We affirm on all issues raised in this appeal, and write only to discuss appellant’s argument that the trial court erred in allowing the prosecutor to elicit testimony from the victim’s sister that the victim told her about... More...   $0 (05-28-2016 - FL)

Rodney Squire v. State of Florida*

We grant in part and deny in part appellee’s motion for rehearing, withdraw our previously issued opinion and substitute the following opinion in its place.
Rodney Squire appeals his convictions for attempted felony murder and attempted robbery of one victim, and aggravated battery of another. He contends that the trial court made three evidentiary errors: (1) denying the suppression of h... More...
   $0 (05-28-2016 - FL)

Curtis Rookaird v. Burlington Northern Santa Fe Railroad Company (BNSF)

Seattle, WA - Former BNSF Employee Awarded $1.6 Million

Curtis Rookaird, a former Burlington Northern Santa Fe Railroad Company (BNSF) brakeman, sued BNSF on a wrongful termination theory claiming that he was fired for conducting a brake test over the objections of his supervisors. He conducted a braking check on a 42 train cars, many of which were "placarded hazardous tank cars."
<... More...
   $0 (05-28-2016 - WA)

Russell Dean Long v. State of Tennessee

The Petitioner was convicted of “first degree felony murder committed during the perpetration of aggravated child abuse and first degree felony murder committed during the perpetration of aggravated child neglect.” State v. Russell Dean Long and Jessica Renee Adkins, No. E2012-01166-CCA-R3-CD, 2013 WL 5436529, at *1 (Tenn. Crim. App. Sept. 27, 2013), perm. app. denied (Tenn. Mar. 5, 2014). The t... More...   $0 (05-27-2016 - TN)


On May 11, 2012, seventeen-year-old Isaiah Sweet shot and killed Richard and Janet Sweet. Richard and Janet had cared for Sweet since he was four years old, as his biological mother was unable to do so. Richard was Sweet’s biological grandfather. Richard and Janet had been married for thirty years. Sweet was arrested three days after the murder. After being given Miranda warnings, Sweet desc... More...   $0 (05-27-2016 - IA)


In 2008, Matthews and Natalie Baylark met and became romantically
involved. Over the next few years, Matthews and Baylark had two children
together and continued an on-again-off-again relationship. In the summer of
2013, Matthew and Baylark ended their relationship. In late December 2013,
Baylark allowed Matthews to stay in her apartment with the children for a week.
Ar... More...
   $0 (05-26-2016 - IA)


On December 12, 2012, Betts was observed speeding by Officer Rafe
Albers. By the time Officer Albers was able to catch up to her vehicle, Betts had
parked her car in the parking lot of her apartment complex and exited her vehicle.
When the officer told her that she had been speeding and he needed her
identification, Betts argued that he could not cite her for speeding because... More...
   $0 (05-26-2016 - IA)


The defendant, Daron Lundy (“Defendant”), timely appeals his conviction of
one count of armed robbery with a firearm, in violation of La. R.S. 14:64.3. In his
sole assignment of error, Defendant asserts that the district court erred in denying
his motion to suppress statement. After a thorough review of the record and the
relevant jurisprudence, we find that the district court ... More...
   $0 (05-25-2016 - LA)

State of Louisiana v. James Eldon Welsh

On September 18, 2014, James Eldon Welsh and his wife, Melissa
Weaver, were stopped for a traffic offense. A search of the vehicle
uncovered methamphetamine, marijuana and drug paraphernalia. Welsh
and Weaver were charged with possession of methamphetamine. They were
also charged with misdemeanor possession of marijuana and possession of
drug paraphernalia and were allowed t... More...
   $0 (05-21-2016 - LA)

State of Louisiana v. Jerry Lynn, Jr.

The victim in this case, L.S., resides in Little Rock, Arkansas with 2
her mother and her half-sister, E.L., the defendant’s biological child. The 3
defendant and the children’s mother divorced in the fall of 2012. On
several occasions during the summer of 2013, L.S. and E.L. traveled to the
The defendant met, and later married, L.S.’s mother when L.S. was two years old. 4 The d... More...
   $0 (05-21-2016 - LA)

John Paul Rangel v. The State of Texas

As appellant does not challenge the sufficiency of the evidence to support his conviction,
we will only briefly recount the evidence where necessary to address appellant’s issues and to
provide background for this case.
The complainant, identified as M.R., was twelve years old at the time of trial. M.R. first
met and began visiting appellant, her biological father, when she w... More...
   $0 (05-20-2016 - TX)

State of Tennessee v. Larry Michael Berkley

On June 2, 2014, the Lauderdale County Grand Jury returned a fourteen-count indictment against Berkley, charging him with two counts of rape, four counts of aggravated statutory rape, four counts of sexual battery by an authority figure, and four counts of statutory rape by an authority figure. The offenses were alleged to have been committed against three minor victims, J.H., M.C., and C.E.2 ... More...   $0 (05-18-2016 - TN)


Justo Colon appeals his conviction and sentence for capital sexual battery on a child less than twelve. After a jury found him guilty, the trial court sentenced him to life in prison with a twenty-five-year mandatory minimum. See §§ 794.011(2)(a), 775.082(1), Fla. Stat. (2012). We reverse the denial of Colon's motion for mistrial and
remand for a new trial. Because Colon's remai... More...
   $0 (05-14-2016 - FL)

United States of America v. Cherno Njie, Algie Barrow, Banka Manneh and Papa Faal

Minneapolis, MN - Four United States Citizens Sentenced for Attempting to Overthrow the Gambian Government

CHERNO NJIE, 58, ALGIE BARROW, 43, and BANKA MANNEH, 43, PAPA FAAL, 47, for their roles in planning and executing an unsuccessful coup attempt to overthrow the government of The Gambia on December 30, 2014. Three other members of the conspiracy were killed.

“These defendant... More...
   $0 (05-12-2016 - MN)


A jury found church youth group leader Steven Rees guilty of sexual
exploitation of a minor and invasion of privacy. The district court sentenced him
to concurrent prison terms of ten years and one year, respectively. This court
affirmed his judgment but remanded for resentencing based on the court’s
consideration of an impermissible factor. See State v. Rees, No. 14-1124, 2... More...
   $0 (05-12-2016 - IA)


On November 4, 2001, a tragic vehicle/train accident took place at the Eddy Street railroad crossing in Vinton, Louisiana. A train was headed eastbound, and seventeen-year-old Mallory Young (“Mallory”) was driving her mother’s 2000 Mercury Mountaineer southbound on Eddy Street. The train collided with Mallory’s vehicle as she attempted to cross over the railroad tracks, and Mallory did not survive... More...   $0 (05-12-2016 - LA)

Otis Samuel Mitchell v. The State of Texas

Mitchell was indicted for an aggravated sexual assault of S.T. that occurred
on or about October 12, 2013, and for the aggravated sexual assault and aggravated
kidnapping of T.C. that occurred on or about October 13, 2013.2 Mitchell pleaded
“not guilty” to all charges. At trial, S.T. testified that, on the evening in question,
she was walking around the apartment complex where ... More...
   $0 (05-11-2016 - TX)

Jesus Eduardo Sanchez v. The State of Texas

While working as an undercover narcotics agent, Detective Jaime Flores obtained a cell
phone number from a Victor Ortega, for an individual that Ortega identified as “Krusty,” for
purposes of purchasing narcotics. On November 10, 2011, using that number, Flores contacted
“Krusty,” whom he later identified as Appellant, and arranged to purchase “ecstasy pills”1 from
him at Ort... More...
   $0 (05-11-2016 - TX)

William Leigh Muzolf v. The State of Texas

In his first issue, appellant argues the trial court abused its discretion by allowing the
forensic interviewer, Rebecca Peterson, to testify as the outcry witness under article 38.072 of
the code of criminal procedure because, according to appellant, the complainant outcried to a
number of other witnesses over the age of eighteen before talking to the forensic interviewer.
T... More...
   $0 (05-11-2016 - TX)

Jonathon Villanueva v. The State of Texas

Complainant N.V. was ten years of age at the time of her trial testimony. N.V. testified
that when she was nine, she lived with her mother Yessenia Villanueva (Yessenia) and her father
and Yessenia’s husband at the time, Jose Victor Villanueva (Jose). N.V. had not met Jonathon,
Jose’s son and N.V.’s stepbrother, before he came to live with them in the summer of 2013.
N.V. gr... More...
   $0 (05-10-2016 - TX)


On February 2, 2013, Poell was visiting Richards at his mother’s house in Davenport, where Richards lived. Both Poell and Richards were napping, Poell in bed and Richards on a couch in the same room. Beyond those facts, however, accounts of the day’s events diverge significantly.
A. Poell’s Testimony. According to Poell, she awoke to discover a message on her cell phone from anoth... More...
   $0 (05-09-2016 - IA)


.Thedefendantappealsfromthejudgment ofconviction,renderedafteratrialbeforeathreejudge court(panel),ofmurderinviolationofGeneralStatutes § 53a-54a (a) and tampering with evidence in violation of General Statutes § 53a-155 (a). On appeal, the defendant claims that the panel improperly concluded that hehadfailedtoprovehisaffirmativedefenseofextreme emotional disturbance by a fair preponderance of the... More...   $0 (05-07-2016 - CT)

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