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Establishment Clause Law
 
Estate of Vera Cummings v. Community Health Systems, Inc. District of New Mexico Federal Courthouse - Albuquerque, New Mexico

This is the second appeal in this litigation to come before this court. The first
appeal involved claims by the estate of Vera Cummings (the Estate) against Community
Health Systems, Inc. (CHSI) under state law, against the United States under the Federal
Tort Claims Act (FTCA), and against Mountain View Regional Medical Center
(Mountain View) under state law. We disposed of the ap... More...
   $0 (01-30-2018 - NM)

STATE OF OHIO v. KOREY RANDLE

At 7:00 in the morning on July 22, 2017, Matthew Thomas (“Thomas”)
left work and returned to his home on Cherry Street in Marion, Ohio. Trial Tr. 315.
At roughly 10:00 that morning, Randle came to Thomas’s house for a visit. Id. at
317. According to Thomas, he and Randle, at some point that morning, decided to
commit a robbery. Id. at 322. They got in Thomas’s car—which ... More...
   $0 (01-29-2018 - OH)

STATE OF IOWA vs. PETER PATRICK BACCAM Baccam sentenced for assaulting pregnant woman

Peter Baccam and the complaining witness lived together, were in a
relationship, and had three children together. The complaining witness was
several months pregnant at the time of the altercation on October 10, 2016. There
are different accounts of what happened that day. The following day the
complaining witness sought medical attention and told medical personnel about More...
   $0 (01-27-2018 - IA)

United states of America v. Ruben Mancillas Southern District of Indiana Federal Courthouse - Evansville, Indiana

A jury convicted Ruben Mancillas of
two counts of possessing ammunition as a felon, in violation of
18 U.S.C. § 922(g)(1). On appeal, he raises two challenges to his
sentencing: (1) that he was denied the right to represent
himself at sentencing; and (2) that the district court applied the
wrong base offense level because the Indiana offense of
2 No. 17-1254
strangulati... More...
   $0 (01-27-2018 - IN)

Matthew Warciak v. Subway Restaurants, Inc. Northern District of Illinois Courthouse - Chicago, Illinois

Should courts apply federal or state
law to decide whether a contract’s arbitration clause binds a
non-signatory? In Scheurer v. Fromm Family Foods LLC, we held
* The Honorable Sara Darrow, United States District Court for the Central
District of Illinois, sitting by designation.
2 No. 17-1956
that courts should apply state law. 863 F.3d 748, 750 (7th Cir.
2017). We rei... More...
   $0 (01-27-2018 - IL)

Natasha Mueller and SCoot Mueller v. Apple Leisure Corporation d/b/a Apple Leisure Group, Apple Vacations, L.L.C., AM Resorts, LLC and Am Resorts, L.P. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Natasha Mueller suffered a severe bout of food poisoning after she was served contaminated fish at a resort in the Dominican Republic while on her honeymoon. She and her husband sued several affiliated companies that sold and managed their vacation package. They filed their suit in federal court in the Eastern District of Wisconsin, where they live and purchased their trip. The vacation contract, ... More...   $0 (01-27-2018 - WI)

Shameka Tanya Waters v. The State of Texas

Appellant was indicted for the offense of criminal mischief causing a pecuniary loss of $1,500 or more but less than $20,000, a state jail felony. Appellant entered a plea agreement with the State wherein she pleaded “guilty” to the indictment in exchange for the State’s punishment recommendation of four years deferred adjudication community supervision. The trial court entered its written order... More...   $0 (01-26-2018 - TX)

Tony R. Jimenez and Cynthia L. Jimenez v. David McGeary Tarrant County Courthouse - Fort Worth, Texas

In four issues, Tony and Cynthia Jimenez appeal from the trial court’s
judgment awarding possession of real property to Appellee David McGeary. We
affirm.
Background
In August 2010, Metlife Home Loans foreclosed on the Jimenezes’ home
and then sold the property to Federal National Mortgage Association. Jimenez v.
2
Fed. Nat’l Mortg. Ass’n, No. 02-15-00229-CV, 2016 WL 36... More...
   $0 (01-25-2018 - TX)

United States of America v. Randall Tyrell Steward Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

Randall Steward pleaded guilty to sex trafficking of a child in violation of 18
U.S.C. § 1591. At sentencing, Steward objected to various aspects of the presentence
report. The district court sustained 1 some objections, but overruled Steward’s
1The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
objection to the categorization of... More...
   $0 (01-25-2018 - AR)

United States of America v. Lindsey Johnson Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

In this appeal, Defendant Lindsey Johnson raises several challenges to his conviction and sentence for carjacking and two related firearm offenses. We affirm in full but remand for the district court to correct a clerical error in its judgment.
I.
On the afternoon of August 2, 2015, Johnson encountered Jeremy McNeal at an apartment complex in Jackson, Mississippi. The two men’s accounts of... More...
   $0 (01-25-2018 - MS)

United States of America v. Joseph J. Kennedy District of Massachusetts Federal Courthouse - Boston, Massachusetts

Joseph Kennedy appeals his
conviction and sentence for being a felon in possession of
ammunition in violation of 18 U.S.C. § 922(g)(1). Challenging his
conviction, Kennedy argues that the district court erred in denying
his motion to suppress evidence obtained from a warrantless search
of the vehicle he was driving immediately before his arrest.
Challenging his sentence, he... More...
   $0 (01-24-2018 - MA)

United States of America v. Elizabeth Lopez Northern District of Iowa Courthouse - Sioux City, Iowa

A jury convicted Elizabeth Lopez of possession of methamphetamine with the
intent to distribute and conspiracy to distribute methamphetamine, in violation of 21
U.S.C. §§ 841(a)(1), 841(b)(1)(A)–(B), and 846. The district court1 sentenced Lopez
1The Honorable Mark W. Bennett, United States District Judge for the Northern
District of Iowa.
to 120 months’ imprisonment, followed b... More...
   $0 (01-24-2018 - IA)

STRICKLAND v. STEPHENS PRODUCTION COMPANY Oklahoma Capital Building - Oklahoma City, Oklahoma

On October 6, 2014, David Chambers, who was an employee of RDT Trucking, Inc., was dispatched to an oil-well site in Crescent, Oklahoma, to pick up waste water. Stephens Production Company and Stephens Production Company Continental Properties, LLC (SPC) were the owners and operators of the well. Upon arrival at the well, Mr. Chambers worked on or around a device known as a "heater treater." Durin... More...   $0 (01-24-2018 - OK)

Jeanne T. Bartels v. Saber Healthcare Group, LLC Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

Saber Healthcare Holdings, LLC, sits at the top of a family of wholly owned limited-liability companies that own and operate dozens of assisted-living facilities and nursing homes in several states, including North Carolina. Current and former residents of one of Saber’s North Carolina assisted-living facilities brought a putative class action in North Carolina state court against Saber Healthcare... More...   $0 (01-24-2018 - NC)

Rodney Keister v. Stuart Bell, John Hooks, Mitchell Odom Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Rodney Keister appeals the district court’s denial of a preliminary injunction. Mr. Keister sought to enjoin University of Alabama (“UA”) officials from applying UA’s grounds use policy to the intersection of University Boulevard and Hackberry Lane. Application of this grounds use policy prevents him from speaking on UA’s campus unless he complies with its terms. Because the district court properl... More...   $0 (01-23-2018 - AL)

Mary M. Mayotte v. U.S. Bank National Association District of Colorado Federal Courthouse - Denver, Colorado

On this appeal the parties have asked us to determine how, or even whether, an
important—but subtle and often confusing—doctrine limiting federal-court jurisdiction
should apply to a unique Colorado procedure for “nonjudicial” foreclosure of mortgages.

The jurisdictional doctrine is the Rooker-Feldman doctrine, which forbids lower federal
courts from reviewing state-court c... More...
   $0 (01-23-2018 - CO)

Juan Aguilar vs. The State of Florida

On Sunday, December 9, 2007, at approximately 3:00 a.m., a three-car
accident occurred in the four westbound lanes of State Road 836 near the 27th
Avenue exit. At approximately 3:11 a.m., Florida Highway Patrol Trooper
Bobadilla (“Trooper Bobadilla”) received a dispatch regarding this accident.
When he arrived at the scene, Miami Dade Expressway Authority (“MDX”) Road
Ra... More...
   $0 (01-23-2018 - FL)

United States of America v. Jerome Wilson Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

If it were somehow in doubt before, we take the opportunity now to hold that bank robbery by intimidation is categorically a “crime of violence” under the United States Sentencing Guidelines. In doing so, we join several other federal courts of appeals that have held the same under the guidelines or the Armed Career Criminal Act (“ACCA”).
3
Jerome Wilson pled guilty to unarmed bank robbery... More...
   $0 (01-23-2018 - PA)

Thoams Lippman v. City of Oakland

Lippman owns rental property in the City. In 2009 and 2010, the City’s Building
Services Department (Building Services) cited Lippman for blight and substandard living
conditions on the property. He disputed the citations and eventually sought
administrative review.
In April and June 2012, a hearing officer appointed by Building Services heard
Lippman’s appeals. The hearing off... More...
   $0 (01-22-2018 - CA)

STATE OF OHIO v. MICHAEL D. SCOTT

On Saturday, September 26, 2015, Joshua Hamilton attended his sister
Bridget’s birthday party at Kricket’s Tavern in Huber Heights, along with his other sister,
Brittany, and one of Brittany’s friends. Trial Tr. vol. 3, 1099-1102. The staff that evening
consisted of four persons, one of whom served as a host and took photographs to be
used for promotional purposes. Id. at 10... More...
   $0 (01-21-2018 - OH)

Bruce Frank Ruark v. The State of Texas

A denial of habeas corpus relief is reviewed under an abuse of discretion standard.
Ex parte Wheeler, 203 S.W.3d 317, 324 (Tex. Crim. App. 2006); Hernandez-Prado v. State,
No. 03-15-00290-CR, 2016 WL 3144113, at *4 (Tex. App.—Austin May 26, 2016, no pet.) (mem.
op., not designated for publication). A habeas court abuses its discretion, and the appellate court
will reverse the habe... More...
   $0 (01-20-2018 - TX)

David Wilbanks v. The State of Texas The Colony resident sentenced to 60 years for child molestation

When she was fourteen years old, Gloria3––who had lived with Wilbanks
from time to time while he financially and emotionally supported her family––told
her best friend’s mother that Wilbanks had repeatedly performed sexual acts with
her, beginning with fondling when she was six years old and continuing until the
time of her outcry. At the urging of her friend’s mother, Gloria ... More...
   $0 (01-20-2018 - TX)

State of Nebraska v. Luis Bedolla G.I. man accused of sexually assaulting niece

On August 4, 2015, the State filed an information charging
Bedolla with seven counts of various degrees of sexual assault
of a child. The offenses involved three different victims and
were charged as having occurred on various dates ranging
from June 2002 through May 2015. One of the counts was
charged as first degree sexual assault of a child, in violation
of Neb. Rev. Sta... More...
   $0 (01-19-2018 - NE)

UNITED STATES OF AMERICA v. JEROME WILSON Man arrested minutes after attempting to steal $10K in armed bank robbery, police say

The facts of the case are not in dispute. Wilson pled guilty to three counts of unarmed bank robbery or attempted bank robbery in violation of 18 U.S.C. § 2113(a), and the District Court sentenced him to 151 months’ imprisonment, three years of supervised released, restitution of $3,122, and a special assessment of $300. The sentence was based in part on two enhancements: one for being a career ... More...   $0 (01-19-2018 - PA)

STATE OF CONNECTICUT v. RAYMOND TUCKER Connecticut Judicial Branch

The defendant, Raymond Tucker, appeals from the judgment of the trial court finding him in violation of probation pursuant to General Statutes § 53a-32. On appeal, the defendant claims that the court (1) erred in admitting a 911 recording into evidence, (2) erroneously found that the defendant had violated his probation, and (3) abused its discretion in imposing a sentence of three years incarcer... More...   $0 (01-19-2018 - CT)

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