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Establishment Clause Law
 
State of Tennessee v. Curtis Morris

On January 8, 2013, a Shelby County grand jury returned indictment No. 1300001, charging the defendant with first-degree murder during the perpetration of aggravated child abuse, first-degree murder during the perpetration of aggravated child neglect, aggravated child abuse of a child eight years of age or less, and aggravated child neglect of a child eight years of age or less. The victim in the... More...   $0 (05-22-2018 - TN)

Nathan Chaleunsak v. State of Tennessee

The Petitioner and a co-defendant forced their way in to the residence of the victim, Mr. Eric Torres, and robbed him at gunpoint. Mr. Torres later identified the Petitioner in a photographic lineup. After leaving Mr. Torres’ residence, the Petitioner and the co-defendant went next door to Amkha Vetvong’s residence. The Petitioner and
the co-defendant attempted to force open the front door, ... More...
   $0 (05-22-2018 - TN)

STATE OF OHIO vs. DOUGLAS C. SHINE, JR.

Appellant Douglas C. Shine, Jr. (“appellant”) appeals from his convictions for
multiple counts of aggravated murder, murder, felonious assault, and other offenses in
connection with four shootings. Appellant assigns 21 errors for our review.1 Having reviewed
the record and pertinent law, we affirm the decision of the trial court. The apposite facts follow.
{¶2} Following a s... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO vs. BISHOP J. HICKS

In Cuyahoga C.P. No. CR-17-613700-C, Hicks was charged for his involvement in
an incident that occurred on January 23, 2017, during which Hicks and his codefendants, Eric
Henderson and Javon Mason, robbed an individual at gunpoint. On January 31, 2017, the
Cuyahoga County Grand Jury returned a four-count indictment charging Hicks with
(1) aggravated robbery, a first-degree fel... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO v. Ronald Roberson

In our prior decision, we summarized the facts that supported Roberson’s
five criminal convictions. Roberson I, ¶ 4-34. The only facts that are relevant to the
assignment of error before us now are those relating to the August 27, 2015 incident,
which supported two of Roberson’s convictions: aggravated burglary and rape. The
relevant facts are these:
Roberson met C.G... More...
   $0 (05-21-2018 - OH)

Paul Chmielewski, et al. v. The City of St. Pete Beach Middle District of Florida Federal Courthouse - Tampa, Florida

In this appeal of an inverse condemnation action, Defendant-Appellant the City of St. Pete Beach (“the City”) challenges a jury verdict in favor of Plaintiffs Katherine A. Chmielewski and Paul Chmielewski, as personal representative of the estate of Chester Chmielewski (“the Chmielewskis”). The underlying dispute involves a beachfront parcel, owned by the Chmielewskis, which experienced significan... More...   $0 (05-21-2018 - FL)

CITY OF KETTERING v. WILLIAM J. MASTON

At approximately 2:00 a.m. on March 28, 2016, Maston was a passenger in
a vehicle driven by Hannah Tincher. As Tincher was driving on East Dorothy Lane in
Kettering, Officer Devin Maloney initiated a traffic stop due to a traffic violation. After
back-up arrived, Maloney conducted a free-air sniff by his canine partner, Jax. Jax
alerted to an odor of narcotics, and the offi... More...
   $0 (05-20-2018 - OH)

STATE OF OHIO v. ANDREW MELMS

This matter is before the Court on the August 8, 2017 Notice of Appeal of
Andrew Melms. Melms appeals from the trial court’s July 28, 2017 Judgment Entry of
Conviction, following a no contest plea to one count of aggravated possession of drugs,
namely fentanyl, in violation of R.C. 2925.11(A), a felony of the fifth degree. His appeal
is specifically addressed to the trial co... More...
   $0 (05-20-2018 - OH)

RICK POIRIER v. PROCESS EQUIPMENT CO. OF TIPP CITY

On June 8, 2016, Poirier filed a complaint against PECo for monetary
damages and equitable relief, based on PECo’s alleged breach of Poirier’s
manufacturer’s representative agreement. The complaint alleged four causes of action
against PECo: breach of contract; conversion of fees paid by Poirier’s clients; violation of
the statutory duty in R.C. 1335.11 when PECo failed to pay... More...
   $0 (05-20-2018 - OH)

THE STATE OF OHIO v. MYERS

The case was tried to a jury. Much of the account of what happened came from Myers’s friend and codefendant Timothy Mosley. According to Mosley, he and Myers began to concoct their scheme on January 27, 2014. That morning, Myers, who had just slept through the start of a new job, woke up Mosley
and asked him if he “wanted to make some money.” When Mosley said he did, Myers suggested that ... More...
   $0 (05-20-2018 - OH)

State of Wisconsin v. Shaun M. Sanders

Sanders raises a single issue for our review: do
circuit courts possess statutory competency3 to proceed in
criminal matters when the adult defendant was charged for
conduct he committed before his tenth birthday?
¶3 We hold that circuit courts possess statutory
competency to proceed in criminal matters when the adult
defendant was charged for conduct he committed ... More...
   $0 (05-19-2018 - WI)

State of Wisconsin v. DeAnthony K. Muldrow

A defendant who enters a
guilty plea waives numerous constitutional rights. State v.
Bangert, 131 Wis. 2d 246, 270, 389 N.W.2d 12 (1986).
Accordingly, "[u]nder the Due Process Clause of the Fourteenth
Amendment to the United States Constitution,[1] a defendant's
1 The Due Process Clause of the Fourteenth Amendment to the U... More...
   $0 (05-19-2018 - WI)

State of Minnesota vs. Scott Ross Hunn, Minnesota Supreme Court

On February 21, 2016, appellant Scott Ross Hunn was pulled over by a Mower
County sheriff’s deputy for rolling through a stop sign. Hunn told the deputy that he had
consumed one beer. The deputy observed that Hunn “spoke in a rapid fashion, struggled
to stay on topic in conversation, had dilated pupils and seemed very nervous.” These
observations led the deputy to suspect th... More...
   $0 (05-19-2018 - MN)

ANTHONY R. BORKOVEC vs. DISH NETWORK CORPORATION and GALLAGHER BASSETT SERVICES, INC

On July 26, 2009, a drunk driver crossed the centerline and hit Borkovec’s
vehicle head-on. The crash resulted in significant work-related injuries to Borkovec
and killed the other driver’s son. Borkovec’s right femur, patella of his right knee,
and right heel bone were fractured; he suffered contusions to his chest, broken
ribs, and nerve damage in his right knee and foot. ... More...
   $0 (05-19-2018 - IA)

Tommy Dowdy and Sharon Morris-Dowdy v. Metropolitan Life Insurance Company Northern District of California Federal Courthouse - San Francisco

In 2014, Appellant Tommy Dowdy suffered a serious
injury to his left leg as the result of an automobile accident.
His leg was eventually amputated below the knee. Mr.
Dowdy and his wife, Sharon Morris-Dowdy, sought
accidental dismemberment benefits under an employee
welfare benefit plan governed by the Employee Retirement
Income Security Act of 1974 (“ERISA”). Appellee
... More...
   $0 (05-19-2018 - CA)

Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

STATE OF IOWA v.TIMOTHY ROGER SCHROEDER

At about 7:00 a.m. on January 9, 2015, Nicole Gray’s seventeen-year-old
neighbor entered Gray’s home to care for her pets while Gray and her children
were out of the country. The minor found Gray’s boyfriend, Dustin Wilder, lying
face down in a pool of blood in the kitchen and unresponsive.
Emergency response personnel were called and determined Wilder was
deceased. L... More...
   $0 (05-18-2018 - IA)

STATE OF IOWA vs. NORMAN WADSWORTH

Norman Wadsworth suffered from schizophrenia for decades and received
no treatment. He had a contentious relationship with the manager at his apartment
complex, Darlene Crook, who he believed was part of a government conspiracy to
kill him. Eventually, Wadsworth was evicted from his apartment. After being
homeless for several months, Wadsworth tried to take a bus to a motel.... More...
   $0 (05-18-2018 - IA)

JAMES EDWARD CRIPPEN V. STATE OF ARKANSAS

A Crawford County jury convicted James Edward Crippen of trafficking
methamphetamine, possessing drug paraphernalia, and fleeing. He was sentenced by the
circuit court to twenty-five years’ imprisonment, five years’ imprisonment and a $5,000 fine,
and six years’ imprisonment, respectively, to run consecutively, for a total of thirty-six years.
In this no-merit appeal, Crippen’... More...
   $0 (05-18-2018 - AR)

STATE OF LOUISIANA Vs. REGINALD WILLIAMS Louisiana Circuit Courts of Appeal

Reginald Williams (“Williams”) and two others - Alonzo Walton and Lester
R. Allen - were charged with the March 16, 1980 first degree murder of Charles
Millet, a violation of La. R.S. 14:30. Williams was a minor on the date of the
murder. On August 28, 1980, a jury found Williams guilty as charged. He was
sentenced to life imprisonment without benefit of parole, probation, o... More...
   $0 (05-18-2018 - LA)

Michael Benaroya v. Bruce Willis

Benaroya Pictures (Benaroya) contracted with Westside
Corporation (Westside) to pay the well-known actor Bruce Willis, the
2
president of Westside, to perform in a movie to be produced by
Benaroya. After a dispute arose regarding Willis’ payment, Willis and
Westside (collectively respondents) commenced arbitration proceedings
against Benaroya, pursuant to the arbitration c... More...
   $0 (05-18-2018 - CA)

Robert Cor'Darius Taylor v. The State of Texas

The complainant is B.C.3 Taylor is B.C.’s paternal uncle.4 The charges of
aggravated sexual assault of a child arose out of two separate incidents which
occurred in the summer of 2007 at B.C.’s paternal grandmother’s home in
Montgomery County, Texas, when B.C. was approximately seven years old. B.C.
testified that these were not the only two incidents. B.C. could not recall whe... More...
   $0 (05-17-2018 - TX)

Rodney Sanchez Lopez v. The State of Texas Texas Eighth District Court of Appeals

Lopez was charged with possession with intent to deliver heroin (four grams or more, but
less than 200 grams).1 A jury found him guilty and Lopez was sentenced to fifteen years’
imprisonment. Lopez appeals his conviction based on the trial court’s denial of his (1) motion for
continuance of the trial, and (2) motion to suppress.
The Stop
On July 19, 2013, Trooper John Da... More...
   $0 (05-17-2018 - TX)

Ex parte John Phillip Devine III

John Phillip Devine III filed this interlocutory appeal challenging the district court’s
order denying a combination motion to quash his indictment and pretrial application for writ of
habeas corpus. In the underlying prosecution, Appellant is charged with five felony offenses: three
counts of sexual assault of a child, one count of indecency with a child by contact, and one count of<... More...
   $0 (05-16-2018 - TX)

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)

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