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Establishment Clause Law
 
State of Ohio v. Aaron Dean

The victim in this case, referred to as “I.M.R.,” offered the following
testimony at trial. I.M.R. is a married, mother of three. Between 8:30 and 9:00 p.m. on
April 20, 2016, I.M.R. was walking on Lagrange Street in downtown Toledo, near the
Gold Star liquor store, talking on her cell phone with a friend. A person, whom she
identified in court as Dean, approached her from b... More...
   $0 (05-06-2018 - OH)

Marshall Garber v. Heriberto Menendez, M.D. Northern District of Ohio Courthouse - Cleveland, Ohio

Minors injured by medical malpractice in Ohio have one year to sue their doctors after they turn eighteen. When Marshall Garber sued Dr. Heriberto
>
No. 17-3992 Garber v. Menendez Page 2
Menendez for malpractice in May 2017, one year had come and gone. But Ohio tolls the statute of limitations if the defendant leaves the State. The clock stopped when Dr. Menendez left Ohio for Florida ... More...
   $0 (05-06-2018 - OH)

James Davis v. County of Fresno

James Davis was dismissed from his employment as a supervising
juvenile correctional officer based on findings of insubordination, discourteous treatment
of a subordinate, wrongfully assuming supervisorial duties over his wife despite several
admonitions to the contrary, exaggerating the hours he worked on multiple time cards,
and other misconduct. Davis’s administrative appeal of ... More...
   $0 (05-06-2018 - CA)

STATE OF IOWA vs. WONETAH EINFELDT

Wonetah Einfeldt and her two daughters were charged with willful injury causing bodily injury over a physical altercation between the three women and a fourth woman named Mulika Vinson on July 14, 2015. The case went to trial and the defendants were tried jointly. Prior to trial, the State sought to exclude all character evidence about the victim, Vinson. This included evidence related to Vinso... More...   $0 (05-05-2018 - IA)

DENNIS L. HART v. STATE OF FLORIDA

The issue in this case is whether a 30-year prison sentence for a nonhomicide offense committed when appellant was a juvenile violates the Eighth Amendment or Graham v. Florida, 560 U.S. 48 (2010). Because we cannot conclude that the sentence violates the United States Constitution, we affirm.

In 1997, appellant entered an open plea to the following offenses committed when he was 16 y... More...
   $0 (05-04-2018 - FL)

Barry Edward Ellis vs State of Florida

In this direct criminal appeal, Ellis claims that the trial court erred in denying his motion for judgment of acquittal on the charge of aggravated fleeing or attempting to elude “a law enforcement officer in an authorized law enforcement vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated” pursuant to section 316.19... More...   $0 (05-04-2018 - FL)

ROBERT LEE PATE JR. vs. STATE OF IOWA COURT OF APPEALS OF IOWA

Des Moines police officers obtained a search warrant based on information
provided by a confidential informant. They executed the warrant on an apartment
and found Pate and a woman inside with eighty-one grams of crack cocaine, as
well as cocaine salt, marijuana, and a large amount of cash.
The State filed criminal complaints against Pate but dismissed them without
pre... More...
   $0 (05-03-2018 - IA)

State of Missouri v. Travis W. Williams

In November 1996, Williams, then 26 years old, pleaded guilty to first-degree
statutory sodomy for inserting his thumb in a minor child’s vagina. He was sentenced to
five years in prison but, after completing a 120-day program in a sex offender assessment
unit, execution of his sentence was suspended and he was placed on probation for five
... More...
   $0 (05-03-2018 - MO)

RICHARD LOUIS BERTRAND V. STATE OF ARKANSAS

At the trial, the court allowed the then eight-year-old victim to testify behind a
screen. The screen was placed in front of Bertrand and prevented the victim from being
able to see him while she testified but allowed him to see an outline of her form while
sitting in the witness chair. Bertrand argues that his Sixth Amendment right to confront
the witnesses against him was vio... More...
   $0 (05-03-2018 - AR)

STATE OF LOUISIANA VERSUS DANIEL JEREMY ECKERT

On February 10, 2016, Defendant and his wife, Clarissa, were engaged in a
physical altercation at their Anacoco, Louisiana, home. Defendant placed Clarissa
in a choke hold, where he held her until she passed out. Sometime between 12:00
and 12:30 a.m., Defendant went to the home of his neighbor, Mr. Justin Kay, and
asked if he could use his phone because his wife had hidden th... More...
   $0 (05-03-2018 - LA)

United States of America v. Daniel E. Saad District of Rhode Island Federal Courthouse - Providence, Rhode Island

Following a fourteen-day jury
trial, Daniel E. Saad was convicted of arson, wire fraud, and the
use of fire in furtherance of a federal felony. Saad, who
testified, appeals from these convictions, which stem from a
November 30, 2014 fire that gutted Snow's Clam Box, a restaurant
he owned in Glocester, Rhode Island. He was sentenced to fifteen
years in prison.
Saad's pri... More...
   $0 (05-02-2018 - RI)

UNITED STATES OF AMERICA v. WAYNE A.G. JAMES

In October of 2015, a grand jury returned a three-count indictment charging former Virgin Islands Senator Wayne James with two counts of wire fraud under 18 U.S.C. § 1343,1 and one count of federal programs embezzlement under 18 U.S.C. § 666(a)(1)(A).2 These charges stemmed from

1 18 U.S.C. § 1343 provides in part:

“Whoever, hav... More...
   $0 (05-01-2018 - VI)

BLOK BUILDERS, LLC d/b/a IKON BUILDERS, a Florida limited liability company, Appella nt, v. PEDRO KATRYNIOK, MASTEC NORTH AMERICA, INC., a Florida corporation, and BELLSOUTH TELECOMMUNICATIONS, LLC, d/b/a AT&T FLORIDA

We deny Appellant’s Motion for Clarification, Rehearing and/or Rehearing En Banc, withdraw the previous opinion and substitute the following opinion in its place.

Blok Builders, LLC, appeals a final judgment determining that Blok owes Mastec North America, Inc., and BellSouth Telecommunications, LLC, contractual indemnity and a defense in a personal injury action, as well as awarding a... More...
   $0 (05-01-2018 - FL)

James Michael Hand, et al. v. Rick Scott Northern District of Florida Federal Courthouse - Tallahassee, Florida

Appellants Rick Scott, in his official capacity as Governor of the State of Florida, and the other three members of Florida’s Executive Clemency Board (Pam Bondi, Adam H. Putnam, and Jimmy Patronis) (collectively, the “State Executive
Case: 18-11388 Date Filed: 04/25/2018 Page: 1 of 36
2
Clemency Board”) have appealed from the district court’s orders entered in favor of appellees James... More...
   $0 (05-01-2018 - FL)

Rae Weiler v. Marcus & Millichap Real Estate Investment Services, Inc.

Plaintiff Rae Weiler seeks a declaration and order from the superior court
that defendants Marcus & Millichap Real Estate Investment Services, Inc., et al., must
either (1) pay plaintiff’s share of the costs in the previously ordered arbitration, or (2)
waive their contractual right to arbitrate the underlying claims and allow them to be tried
in the superior court. We conclude, ba... More...
   $0 (05-01-2018 - )

STATE OF OHIO v. AKEEM DAVIS

On April 25, 2011, Davis was indicted for the rape and kidnapping of twelve
year old N.L. A warrant on the indictment was issued. Davis was arrested in Minnesota
and returned to Ohio on April 29, 2011. Thereafter, defense counsel was appointed and
discovery was conducted. Appointed counsel filed a notice of alibi on July 6, 2011.
Davis was released from jail on his own re... More...
   $0 (04-30-2018 - OH)

STATE OF IOWA vs. NOAH RILEY CROOKS

On the evening of March 24, 2012, Noah Crooks was at home with his mother, Gretchen Crooks. Noah was thirteen years old and an eighth grader at Osage Middle School. He had no prior criminal record. The Crooks lived in rural Osage, in Mitchell County. Gretchen worked as a nurse at Mercy Hospital in Mason City and was studying to get her master’s degree at the University of Iowa. Noah’s father,... More...   $0 (04-30-2018 - IA)

Marcus Shedd v. The State of Texas COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

In two separate cases, Appellant was charged by indictment with (1) one count of forgery, a third degree felony, punishable by not less than two years but not more than ten years imprisonment, and (2) one count of obstruction or retaliation, a third degree felony, punishable by not less than two years but not more than ten years imprisonment.1 In each case, the State filed a notice of intent to s... More...   $0 (04-30-2018 - TX)

Bevaughn Rogers v. The State of Texas

Appellant was arrested and indicted for aggravated sexual assault with a deadly weapon. In 2014, Appellant entered a negotiated plea agreement for a plea of “guilty” in exchange for a recommended punishment of deferred adjudication community supervision for four years. The trial court accepted Appellant’s plea, and in accordance with the agreement, placed Appellant on deferred community supervis... More...   $0 (04-30-2018 - TX)

Naruto v. David John Slater Northern District of California Federal Courthouse - San Francisco

We must determine whether a monkey may sue humans,
corporations, and companies for damages and injunctive
relief arising from claims of copyright infringement. Our
court’s precedent requires us to conclude that the monkey’s
claim has standing under Article III of the United States
Constitution. Nonetheless, we conclude that this
monkey—and all animals, since they are not hu... More...
   $0 (04-30-2018 - CA)

Sadie M. Curry v. Equilon Enterprises, LLC

Plaintiff and appellant Sadie M. Curry brought a class action case against
defendant and respondent Equilon Enterprises, LLC, doing business as Shell Oil
Products US (Shell). Curry’s causes of action included (1) failure to pay overtime
compensation; (2) failure to pay for missed break periods; and (3) unfair business
practices (Bus. & Prof. Code, § 17200). The trial court found Sh... More...
   $0 (04-29-2018 - CA)

Jason Allen Strutz v. The State of Texas

The jury heard evidence that Charles Goodwin, a gas station attendant at H.E.B.
supermarket, observed a brown car fueling at one of the pumps. The car started to leave without
paying, so Goodwin exited the booth, approached the car, and asked the driver to pay for the gas.
Goodwin said that the driver ignored him, and, as the car drove off, Goodwin banged on the roof of
the car a... More...
   $0 (04-29-2018 - TX)

STATE OF KANSAS v. SCOTT ROBERT BOLLIG

We begin with an introduction of the people involved in or affected by the criminal conspiracy and an outline of the circumstances that drew them together. Bollig, a bank officer, became acquainted with Naomi Abbott in late 2012, while she was married to Rahn Abbott. As her acquaintance with Bollig took an intimate turn, Naomi and Rahn were divorcing. After the divorce, Bollig and Naomi continued ... More...   $0 (04-28-2018 - KS)

STATE OF MONTANA v. PATRICK TERRY FLOWERS

During routine patrol near Stevensville, Montana, in December 2014, Deputy
Jason Jones of the Ravalli County Sheriff’s Office stopped a pickup that had an expired
registration. Flowers was driving the vehicle and Hill sat in the front passenger seat.
Deputy Jones asked for Flowers’s driver’s license and other documentation. After
checking for active warrants for both Flowers... More...
   $0 (04-28-2018 - MT)

DANIEL D. LENZ vs STATE OF FLORIDA

While the defendant was in jail awaiting trial, he spoke to his wife (the victim’s grandmother) and their telephone conversations were recorded by jail authorities. During closing argument at trial, the prosecutor played the recording of the first phone call the defendant made to his wife, and offered the following closing argument commentary:

And sometimes silence can be deafening. A... More...
   $0 (04-27-2018 - FL)

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