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Emotional Distress Law
State Of Rhode Island v. James Oliveira

The defendant, James Oliveira (defendant or Oliveira), appeals from a Superior Court judgment of conviction on one count of first-degree child molestation. Oliveira raises two issues on appeal. First, he claims that the forty-five
month delay between the return of the record to the Superior Court after this Court vacated the
conviction from Oliveira’s first trial and the commencement of... More...
   $0 (12-06-2015 - RI)

Lawing v. Univar

This case revolves around the packaging and labeling of sodium bromate, a chemical which contributed to a fire that occurred in a plant owned by Engelhard Corporation (Engelhard) in Seneca, South Carolina, in June 2004. At the time of the fire, Scott Lawing worked at Engelhard's Seneca plant as a maintenance mechanic.1 Engelhard produced a precious metal catalyst used in the automobile industry,... More...   $0 (12-05-2015 - SC)

Bass v. S.C. Dep't of Soc. Servs

Diane and Otis Bass are married and have three children: Brittany, Hanna, and Alex. All three children have special needs, but Hanna and Alex are also autistic. Otis works outside the home, and Diane cares for the children.
Due to their forms of autism and their other cognitive issues, both Hanna and Alex were prescribed Clonidine to help them sleep at night, in addition to other medication... More...
   $0 (12-05-2015 - SC)

State of Louisiana v. Alfred Lee Tyler

On March 6, 2014, the state filed a bill of information charging
Defendant with one count of aggravated incest in violation of La. R.S.
14:78.1(A), (B)(2) and (D)(2). It alleged that, on or about January 24, 1
2014, Defendant committed a lewd fondling of W.F., who is Defendant’s 2
stepgranddaughter and is under the age of 13, with the intent to arouse or to
satisfy the sexual ... More...
   $0 (12-05-2015 - LA)

State of Louisiana v. Melvin Randall Patterson

At approximately 2:00 a.m. on July 29, 2012, Fred Jordan was
hosting a birthday party for his wife, Bessie Jordan, at their home at
8503 Elmview Place, Shreveport, Caddo Parish, when Defendant showed up
with a female friend. Defendant told the Jordans that he had been invited by
Mrs. Jordan’s uncle, Wayne Seymour, whom he asked to see. Mr. Jordan
asked Defendant to leave beca... More...
   $0 (12-05-2015 - LA)

Richard Darby v. The State of Texas

Richard Taylor Darby, III, pled guilty to and was convicted of evading arrest with a motor
vehicle. Following a jury trial on the issue of punishment, Darby was sentenced to ten years’
imprisonment and ordered to pay a $10,000.00 fine. On appeal,1 Darby argues (1) that the trial
court erred in admitting evidence under Article 37.07 that he committed two unadjudicated sexual
a... More...
   $0 (12-05-2015 - TX)

United States of America v. Gilberto Valle

This is a case about the line between fantasy and criminal
intent. Although it is increasingly challenging to identify that line in
the Internet age, it still exists and it must be rationally discernible in
order to ensure that “a person’s inclinations and fantasies are his
own and beyond the reach of the government.” Jacobson v. United
States, 503 U.S. 540, 551–52 (1992). We a... More...
   $0 (12-04-2015 - NY)

Nichols v. LaPlante

Plaintiff Scott Nichols is an inmate in the custody and control of the Vermont Department of Corrections (the “Department”). At the time of the events in dispute here, he was incarcerated at Northern State Correctional Facility (“NSCF”). Since filing this complaint, Plaintiff has been released from prison and placed on conditional re-entry furlough in the community. This action was filed on Mar... More...   $0 (12-03-2015 - VT)

United States v. Ashburn

On January 4, 2015, Defendants were charged in a Fifth Superseding Indictment (the "Indictment") with racketeering, racketeering conspiracy, and several related crimes. (Dkt. 271.) The Indictment charged Defendants, as members of an association-in-fact enterprise, the Six Tre Outlaw Gangsta Disciples Folk Nation ("Six Tre" or "Folk Nation"), with conducting and aspiring to conduct the affairs of t... More...   $0 (12-02-2015 - NY)

Janet Woods, individually and as Personal Representative of the Estate of Georg Woods v. St. John Medical System, Inc. d/b/a St. John Institute, Heart Center of Tulsa, Inc. and Jose R. Median, M.D.

Tulsa, OK Janet Woods, individually and as Personal Representative of the Estate of Georg Woods sued St. John Medical System, Inc. d/b/a St. John Institute, Heart Center of Tulsa, Inc. and Jose R. Median, M.D. on medical negligence theories claiming:

1.1 This is a civil action for damages in excess of one million dollars.
1.2 Venue is proper in Tulsa County, Oklahoma because all of th... More...
   $0 (12-01-2015 - OK)

Sherry L. Kay v. Blake Swigart and Ivan and Gina Kolar

Guthrie, OK - Sherry L. Kay sued Blake Swigart and Ivan and Gina Kolar on auto negligence theories claiming:

1. On or about July 17, 2012, at the intersection of Kelly and Waterloo in Edmond, Oklahoma, Logan County, Plaintiff, Sherry L. Kay, was involved in an automobile accident caused by the negligent acts of the Defendants, Blake Swigart and Ivan and Gina Kolar. Defendants, Ivan and Gi... More...
   $0 (11-30-2015 - OK)


Defendant was indicted for the second degree murder of Noah Stout committed on August 28, 2012, and
obstruction of justice committed by tampering with evidence of the murder.

After defendant was arrested on September 4, 2012, he admitted he stabbed
the victim but claimed he acted in self-defense.

As a trial date approached, defendant filed a motion in limine to <... More...
   $0 (11-30-2015 - LA)

Alli-Balogun v. United States

It is held that the trial court is not bound by the Sentencing Commission's "special instruction" appended to section 1B1.10 of the Sentencing Guidelines ("guidelines"). See United States Sentencing Guidelines ("U.S.S.G.") § 1B1.10(e). The "special instruction" dictates that, in retroactively applying amendment 782, which reduces offense levels in the drug quantity

Page 4

tables ... More...
   $0 (11-30-2015 - NY)

State Of Ohio v. Bennie Adams

{¶ 1} This is an appeal as of right from a judgment affirming an
aggravated-murder conviction and death sentence. A Mahoning County jury
convicted appellant, Bennie Adams, of aggravated murder in connection with the
rape and murder of Gina Tenney and unanimously recommended a sentence of
death. The trial court accepted the recommendation and sentenced Adams
accordingly. The Sev... More...
   $0 (11-29-2015 - OH)

Jerry Bohannon v. State Of Alabama

The appellant, Jerry Bohannon, appeals his convictions for two counts of murder defined as capital by § 13A-5-40(a)(10), Ala. Code 1975, because Anthony Harvey and Jerry DuBoise were murdered by one act or pursuant to one scheme or

Page 2

course of conduct. The jury recommended, by a vote of 11 to 1, that Bohannon be sentenced to death. The circuit court followed the jury's rec... More...
   $0 (11-29-2015 - AL)

State Of Ohio v. Dean

Jason Dean was found guilty of all charged offenses and was sentenced to death for the aggravated murder of Titus Arnold and the attempted murder of six other people. On direct appeal, we reversed Dean's convictions, vacated the death sentence, and remanded the case for a new trial. See State v. Dean, 127 Ohio St.3d 140, 2010-Ohio-5070, 937 N.E.2d 97. In this direct appeal of Dean's convictions u... More...   $0 (11-29-2015 - OH)

State v. Seats

A juvenile offender convicted of first-degree murder appeals his resentencing to life in prison without the possibility of parole. In this appeal, we determine the factors a court must use when it sentences a juvenile offender for first-degree murder. Because the district court did not have the benefit of this decision when it sentenced the juvenile, we vacate the sentence and remand for resentenc... More...   $0 (11-29-2015 - IA)

Michael T. Rivera v. State of Florida

Michael T. Rivera was convicted and sentenced to death for the first-degree
murder of Staci Lynn Jazvac. Rivera v. State (Rivera I), 561 So. 2d 536, 537 (Fla.
1990). In the opinion affirming the conviction and sentence, this Court detailed the
facts of the murder: Eleven-year-old Staci Lynn Jazvac left her Lauderdale Lakes home on bicycle at about 5:30 p.m. on January 30, 1986, to... More...
   $0 (11-29-2015 - FL)

State of Tennessee v. John Daniel Simmons

The Davidson County Grand Jury indicted the Defendant with two counts of sexual battery by an authority figure of K.L. that allegedly occurred between June 1 and June 30, 2011. Although six witnesses were listed on the indictment, the list did not include two key witnesses who were ultimately called by the State to testify at trial— Tony Pham and Daniel Burnell. On Monday morning, the first day o... More...   $0 (11-29-2015 - TN)

State Of Nebraska v. Ueding-Nickel

On January 19, the Omaha Police Department received a call from J.R., Ueding-Nickel’s girlfriend at the time, reporting that she had found naked pictures of her 11-year-old daughter on Ueding-Nickel’s phone. Officers were dispatched to the residence J.R. and Ueding-Nickel shared to investigate the reports of sexual assault on the child, O.R. J.R. reported that after the photographs were discovered... More...   $0 (11-28-2015 - NE)

Poirier V. Blue Seal at Taft Corner, Inc.

The evidence presented to the court is that the veterinarian cannot say that it is
more likely than not that the horse either became ill or died because of eating the new
feed. Given that, it would be pure speculation to conclude that the illness or death were
related to the feed. It would also be highly prejudicial to Defendant for the jury to hear
about the death. The motion ... More...
   $0 (11-27-2015 - CT)

State of Tennessee v. Corey Antuan Gray

The Defendant was involved in a shooting that took place in November 2013, at 88 Holland Avenue in Jackson, Tennessee. On March 31, 2014, he was indicted on four counts of attempted first degree murder, four counts of aggravated assault, four counts of employing a firearm during the commission of a dangerous felony, and one count of evading arrest. At the November 4, 2014 jury trial, Kimberly Sw... More...   $0 (11-27-2015 - TN)

State Of Tennessee v. Bell

This case arises out of the brutal assault and murder of the victim, Starr Harris, on June 1, 2010. The Defendant, Rickey Alvis Bell, Jr., subsequently was indicted for one count of first degree felony murder during the perpetration of a kidnapping, one count of first degree felony murder during the perpetration of a rape, one count of especially aggravated kidnapping, and one count of aggravated ... More...   $0 (11-27-2015 - )

Johnson v. State Of Texas

Harris was a longtime employee of a Fina Whip-In convenience store located in Garland. On Sunday, May 20, 2012, Harris opened the store at 7:00 a.m. Videotape from the store's surveillance cameras showed appellant entering the store a few minutes later, carrying a cigarette lighter and a bottle containing what was later determined to be lighter fluid.

Appellant walked around the s... More...
   $0 (11-27-2015 - TX)

State Of Kansas v. John E. Robinson, Sr.

A constitution-based claim for venue change can arise under a theory of presumed or actual prejudice. Presumed prejudice occurs when pretrial publicity is so pervasive and prejudicial that there can be no expectation of an unbiased jury pool in the community. In deciding whether to presume prejudice under the Sixth Amendment to the United States Constitution, an appellate court considers se... More...
   $0 (11-27-2015 - KS)

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