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Establishment Clause Law
 
LARNELL DYKES v. MARTIN SAUERS

Dykes was sentenced in August 1991 for aggravated kidnapping, aggravated robbery, rape, and aggravated burglary in Sedgwick County case No. 90CR2155. Dykes was sentenced in March 1993 for aggravated escape from custody in Leavenworth County case No. 91CR514. Dykes was sentenced in each case before the Kansas Sentencing Guidelines Act (KSGA) went into effect, and his sentences are not eligible for ... More...   $0 (07-16-2018 - KS)

STATE OF KANSAS v. NICHOLAS WAYNE FAGLIE

On January 25, 2016, Kristopher Schultz was at Charlie's Place, a bar in Emporia, Kansas. Schultz' friend, Christopher Walburn, was drinking with him in the bar. Faglie also went to Charlie's Place that night with his friend, Dustin Dingman. During the evening, the four men—Schultz, Walburn, Faglie, and Dingman—were drinking shots and other alcoholic beverages at the bar. The bartender noticed som... More...   $0 (07-16-2018 - KS)

Teresa Barry v. James P. O'Grady Southern District of Ohio Federal Courthouse - Columbus, Ohio

Teresa Barry, a judicial administrative assistant, sued three judges and two employees of the Franklin County Municipal
Court under 42 U.S.C. § 1983, claiming retaliation in violation of the Free Speech Clause of the
First Amendment and gender discrimination in violation of the Equal Protection Clause of the
Fourteenth Amendment. The defendants moved for summary judgment, and the distr... More...
   $0 (07-16-2018 - OH)

IN RE: ESTATE OF JERRY WEST, Deceased, v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS Western District of Kentucky Federal Courthouse - Louisville, Kentucky

The Department of Veterans Affairs and the Estate of
Jerry West, a Vietnam veteran, dispute whether certain benefits owed to West at the time of his
death should be paid to the Estate. The district court remanded that dispute to Kentucky probate
court, but the government contends the dispute can be litigated only pursuant to the procedure set
forth in the Veterans’ Judicial Review ... More...
   $0 (07-16-2018 - KY)

LARRY M. SLUSSER v. UNITED STATES OF AMERICA UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Slusser pleaded guilty in 2011 to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). As part of his plea agreement, Slusser waived his right to “file any motions or pleadings pursuant to 28 U.S.C. § 2255 or to collaterally attack [his] conviction[] and/or resulting sentence,” except challenges involving ineffective assistance of counsel or prosecutorial misconduct. The... More...   $0 (07-15-2018 - )

UNITED STATES OF AMERICA v. JOHN TIMOTHY CANNON, a/k/a Mr JT,

Cannon argues that the district court abused its discretion in denying his pretrial motion for a reliability hearing. Cannon’s opening brief merely incorporates by reference his district court pleadings, a tactic of which we have disapproved. See Fed. R. App. P. 28(a)(8)(A); Wahi v. Charleston Area Med. Ctr., Inc., 562 F.3d 599, 607 (4th Cir. 2009); McCarver v. Lee, 221 F.3d 583, 588 n.1 (4t... More...   $0 (07-15-2018 - Nc)

Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds, ex rel State of Iowa and Iowa Board of Medicine SUPREME COURT OF IOWA

In this appeal, we must decide if the constitutional right of women to choose to terminate a pregnancy is unreasonably restricted by a statute that prohibits the exercise of the right for a period of seventy-two hours after going to a doctor. In making this decision, we recognize the continuing debate in society over abortion and acknowledge the right of government to reasonably regulate the const... More...   $0 (07-15-2018 - IA)

BURGESS MASSEY v. UNITED STATES OF AMERICA

After the Supreme Court denied his petition for a writ  of certiorari, Massey v. United States, 549 U.S. 1136 (2007),  Massey filed his first motion for relief pursuant to 28 U.S.C.  § 2255, Massey v. United States, 08‐924, 2009 WL 1285991  (S.D.N.Y.  Apr.  23,  2009).  The  District  Court  denied  his  motion  and  did  not  issue  a  certificate  of  appealability,  finding that his three... More...   $0 (07-15-2018 - )

UNITED STATES OF AMERICA -v-ALVAUN THOMPSON, AKA LP, AKA Legit Pimp, AKA AT

Because Thompson appeals from a judgment of conviction entered after a jury  trial, we “draw the facts from the evidence presented at trial, viewed in the light most  favorable to the government.” United States v. Allen, 864 F.3d 63, 69 n.8 (2d Cir. 2017)  (internal quotation marks omitted).  Thompson began his relationship with the two minor female victims of concern  here—identified as M1 and M2... More...   $0 (07-15-2018 - )

R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor v. LOCAL UNION 26, UNITE HERE

The material facts may be stated briefly. Dimie Poweigha is a member of Local 26. The union has negotiated more than 40 CBAs, including one with Poweigha's employer. Poweigha was dissatisfied with the administration of Local 26, and asked the union to permit her to review 37 CBAs Local 26 had negotiated with employers other than her own. Eventually, once the Secretary of Labor got involv... More...   $0 (07-15-2018 - MA)

Jerry Lynn Lofton a/k/a Gerry Lynn Lofton a/k/a Gerry Lofton a/k/a Jerry Loftin a/k/a Jerry Lofton v. State of Mississippi

Edroy James Ballard Jr. was shot and killed on June 3, 2014, in Horn Lake, Mississippi. A DeSoto County grand jury charged Lofton with Ballard’s murder. Lofton was deemed indigent, and Adam Emerson was appointed to represent him. Several months later, Emerson filed a motion to reconsider Lofton’s indigent status. Emerson informed the trial court that Lofton had refused to meet with him and wi... More...   $0 (07-15-2018 - FL)

Ricky Griffitts vs. Old Republic Insurance Company, BNSF Railway Company, and James M. Campbell Missouri Supreme Court - Jefferson City, Missouri

Appellant Ricky Lee Griffitts (“Griffitts”) was rear-ended by James Campbell (“Campbell”), an employee of BNSF Railway Company (“BNSF”), in Springfield, Missouri. Campbell was driving a BNSF company vehicle and was intoxicated at the time of the collision. Numerous lawsuits ensued, including the instant equitable garnishment action that Griffitts filed against BNSF and its insurer, Old Republic (c... More...   $0 (07-15-2018 - MO)

Laur B. v. Wade B. Third Judicial District Courthosue - Anchorage, Alaska

A father requested primary physical custody of his daughter, modifying the previous shared custody arrangement. The mother opposed the change, arguing there had not been a substantial change in circumstances. The superior court ordered a limited custody investigation to resolve a factual dispute related to the change in circumstances, promising a second hearing on the daughter’s best interests. Bu... More...   $0 (07-15-2018 - AK)

DIEGO TAMBRIZ-RAMIREZ vs. STATE OF FLORIDA

The facts of the case as set forth in the Fourth District’s opinion below are as
follows:
[In 2010, a]rmed with a knife and using a shirt as a mask, appellant broke into the victim’s home at night and attempted to sexually batter her. The victim testified that during the attack, appellant put the knife to her face and neck. The victim fought off the attacker and, after pulling off the... More...
   $0 (07-14-2018 - FL)

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-14-2018 - TN)

State of Tennessee v. Johnny Lorenzo Wade

The victims, Johnny Shivers; his wife, Chermaine Owens Shivers; their then sixteen-year-old son, Jonathan Shivers; and Ms. Shivers’s twenty-one-year-old son, Markel Owens, lived on Walker Road in Jackson, Tennessee.2 Around 9:30 p.m. on January 15, 2014, their neighbor, Joseph Mosely, was returning home with his family from church when he “saw some guys” standing around a white car. As he was wa... More...   $0 (07-14-2018 - TN)

STATE OF OHIO vs. PHILIP J. CARTY

In February 2017, Carty, a Navy veteran, was charged in Case No. CR-17-613832-A with the following two counts: Count 1 charged him with operating a vehicle while under the influence (“OVI”), with a specification that Carty has been convicted or pled guilty to five or more equivalent offenses within the previous 20 years; and Count 2 charged Carty with failure to comply. These charges arose ... More...   $0 (07-13-2018 - OH)

STATE OF OHIO -vs- TIFFANY L. GORDON

On July 1, 2016, Gordon was charged with Operating a Vehicle under the
Influence in violation of R.C. 4511.19(A)(1)(a) in the Mount Vernon Municipal Court. On
that date, Gordon was placed under a one-year Administrative License Suspension
("ALS") due to a "refusal.” On December 7, 2016, Gordon pleaded guilty to a violation of
R.C. 4511.19(A)(1)(a). The Mount Vernon Municipal... More...
   $0 (07-13-2018 - OH)

Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger United States Court of Appeals for the Third Circuit

In Vanderklok v. United States, 868 F.3d 189 (3d Cir.
2017), we declined to imply a Bivens cause of action against
airport screeners employed by the Transportation Security
Administration (TSA) in part because they “typically are not
law enforcement officers and do not act as such.” Id. at 208.
We now must decide a related question that we anticipated, but
did not resolve, ... More...
   $0 (07-13-2018 - PA)

EDWARD DARNELL ROGERS V. STATE OF ARKANSAS

The State charged Rogers with the rape of four sisters, TB, MiB, MaB, and LW,
who were all under eighteen at the time of the alleged offenses. For years, Rogers, who had
a romantic relationship with their mother, lived with the girls. At trial, each sister testified
about their specific sexual contacts with Rogers.
First, TB and MiB, seventeen-year-old twins, testified that Rog... More...
   $0 (07-13-2018 - AR)

Tamara Baskin v. Hughes Realty, Inc.

In the underlying action for disability discrimination,
appellant Tamara Baskin alleged that respondent Hughes
Realty, Inc. (Hughes) violated the California Disabled
Persons Act (DPA) (Civ. Code, §§ 54-55.3.) by providing no
designated and accessible path of travel for persons with
disabilities within the parking lot of a grocery store.1
Sppecifically, she alleged that unde... More...
   $0 (07-13-2018 - CA)

Deborah Mclear-Gary v. Emrys Scott Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Deborah McLear-Gary appeals from a judgment declaring her prescriptive and
implied easement extinguished by adverse possession. She contends the trial court erred
in finding that defendants Emrys Scott, Freyja Scott and Sophia Scott (the Scotts)
established an essential element of adverse possession—the “timely” payment of taxes
during the five-year statutory period. (See Code Civ.... More...
   $0 (07-12-2018 - CA)

Jose Luis Morales v. 22nd District Agricultural Association Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

In this appeal, we must determine whether a state entity whose employees are
exempt from state law requiring the payment of overtime compensation is nevertheless
required to pay overtime compensation to such employees when the state entity jointly
employs the employees with a non-state employer. Although we concluded in a prior
appeal in this case that the matter should be remanded... More...
   $0 (07-11-2018 - CA)

CITY OF TAUNTON, MASSACHUSETTS v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529 .

It is useful to begin with an overview of the legal
landscape that is relevant to this appeal. The Clean Water Act
(CWA) prohibits the "discharge of any pollutant" unless that
discharge complies with NPDES permit requirements. 33 U.S.C.
§§ 1311(a), 1342. The EPA is responsible for issuing NPDES
permits unless a state agency is authorized to do so. Id.
§ 1342(a)-(c... More...
   $0 (07-10-2018 - MA)

State of Vermont v. Liana M. Roy Vermont Supreme Court

The central question in this case is whether a parent may be
convicted of custodial interference under 13 V.S.A. § 2451 for interfering with the custody of the
Department for Children and Families (DCF) in the absence of a court order specifying the
schedule and limitations of the parent’s visitation. Defendant Liana Roy was convicted of
custodial interference for taking her ... More...
   $0 (07-09-2018 - VT)

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