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Evidence Law
 
James Tran v. State of Indiana

James Tran was charged with ten counts of child molesting for the molestation
of three of his adopted daughters. At his trial on these charges, text messages
from the cell phone belonging to his wife were admitted over his objection. A
jury found Tran guilty as charged. The trial court imposed an aggregate sixty
four-year sentence. This appeal ensued.
Discussion and Dec... More...
   $0 (07-19-2018 - )

Workers’ Compensation Court of Appeals vs. Deer River Health Care Center and MHA Insurance Co. and Essentia Health-Deer River and Berkley Risk Administrators Co. and Midwest Spine & Brain Institute and Essentia Health

Respondent Janet Hufnagel filed a workers’ compensation claim in 2015 for work
related aggravations to a low-back condition that resulted from an admitted work-related
injury in 2009. At all relevant times, Hufnagel worked at the same job, performing the
same duties, at the same physical location. But between the 2009 injury and the later
aggravations sustained in 2014 and 201... More...
   $0 (07-19-2018 - MN)

State of Minnesota vs. Antionette Rie Johnson

On June 12, 2016, at 8 p.m., Daryl Curtis shot and killed Renaldo McDaniel in the
parking lot of an auto parts store in Saint Paul. See State v. Curtis, 905 N.W.2d 609, 612–
14 (Minn. 2018). Police obtained surveillance footage from a nearby Walmart and a
childcare center. The footage from Walmart showed that, before the shooting, Curtis was
accompanied by two women, T.S. and... More...
   $0 (07-19-2018 - MN)

Roland Critchfield v. Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar District of Utah Federal Courthouse - Salt Lake City, Utah

Roland Critchfield slipped and fell on the wet, soapy bathroom floor of a
Buffalo Wild Wings Bar & Grill (“Buffalo Wild Wings”) in Sandy, Utah.
Critchfield brought suit against Blazin Wings, Inc. (“Blazin”), the parent
company of Buffalo Wild Wings, asserting injuries he suffered in the slip-and-fall
*This order and judgment is not binding precedent except under the
doctrines o... More...
   $0 (07-19-2018 - UT)

State of Iowa v. Prince Nyomah

Prince Nyomah entered Alford pleas1 to second-degree robbery and assault
while participating in a felony, among other things. He now appeals those two
convictions, arguing the convictions should have merged under the merger
doctrine, codified in Iowa Code section 701.9 (2017). That section provides:
No person shall be convicted of a public offense which is necessarily includ... More...
   $0 (07-19-2018 - IA)

Gary Clark v. Robert Colbert

This case involves an encounter between law enforcement and a
schizophrenic individual suffering a psychotic episode. Officers from the
Wagoner County Sheriff’s Department responded to a call from Gary Clark’s
brother, who was having troubling restraining him. The Sheriff’s Department, in
turn, requested help from the neighboring Broken Arrow Police Department. The
Broken Arrow... More...
   $0 (07-19-2018 - OK)

State of Iowa v. Wyatt K. Slinker

A man claimed Wyatt Slinker owed him money. Slinker told the man to get
out of his face, swung at him, and hit him. The man fell to the ground and
eventually died.
The State charged Slinker with involuntary manslaughter and assault
causing serious injury. See Iowa Code §§ 707.5(1)(a), 708.2(4) (2017). Slinker
pled guilty to involuntary manslaughter, and the State di... More...
   $0 (07-19-2018 - IA)

State of Iowa v. Michael Shawn Ball Enticing a minor, supplying alcohol to a minor, indecent exposure, and invasion of privacy.

A.G. was born in October 2000 and the acts she alleged to have occurred
were in and around May 2014. At the time, A.G. lived in Dubuque near L.B., who
lived with her father, Michael Ball,1 and her mother, Beth Ball. A.G. testified she
and L.B. “were like sisters” and they hung out together almost every day.
During the time at issue, A.G. had a personal cell phone with ov... More...
   $0 (07-19-2018 - IA)

State of Iowa v. Matthew Lee Murphy Second-degree sexual abuse

The following facts can be gleaned from the evidence presented to the jury.
On February 20, 2016, eleven-year-old A.T. and her older sister, M.T., spent the
night at Murphy’s house. Murphy was a family friend of the girls’ parents after
being engaged to A.T.’s aunt, her mother’s sister. After his fiancé passed away
the families remained close. The girls referred to Murphy a... More...
   $0 (07-19-2018 - IA)

NATHANIEL YANCEY JR. vs. STATE OF IOWA

On November 25, 2011, an altercation occurred in the parking lot at Valley
West Mall in Des Moines. Witnesses heard gun shots and saw a person firing a
gun. One witness reported the incident to the West Des Moines Police and later
identified Yancey as the shooter in a photo array. Another witness identified the
shooter by race. Another witness provided the police with a lic... More...
   $0 (07-19-2018 - IA)

United States of America v. Marc Howard Berger

San Francisco, CA - San Francisco Area Certified Public Accountant Convicted Of Tax Fraud

A jury in the Northern District of California convicted a San Francisco area Certified Public Accountant late yesterday of three counts of aiding and abetting the filing of a false tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax D... More...
   $0 (07-19-2018 - CA)

WALTER REED vs. STATE OF IOWA and STATE OF IOWA DEPARTMENT OF TRANSPORTATION

A federal statute known as Title VI states, “No person in the United States
shall, on the ground of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.” See 42 U.S.C. § 2000d (2015). A
federal report cited the Department of Transpo... More...
   $0 (07-19-2018 - IA)

DON WYNGARDEN vs. STATE OF IOWA JUDICIAL BRANCH, JOHN WAUTERS, and BRUCE BUTTEL COURT OF APPEALS OF IOWA

Wyngarden, who was born in 1951, was employed as a juvenile court officer
(JCO) by the Iowa Judicial Branch.1 His immediate supervisor was Bruce Buttel
and Buttel’s supervisor was John Wauters. Wyngarden received an oral reprimand
in November 2007, which was not placed in his file. On October 9, 2008,
Wyngarden received a written reprimand based on Wauters’s determination More...
   $0 (07-19-2018 - IA)

Vincent McFadden v. State of Missouri

The detailed facts are set out in Mr. McFadden’s prior appeals and will be repeated here only insofar as they are relevant to his postconviction claims. On May 15, 2003, Eva Addison1 was at Maggie Jones’ house on Blakemore in Pine Lawn when Mr. McFadden arrived at the house with a friend.2 Eva and Mr. McFadden had a child together. When Mr. McFadden got out of the car, he kissed the child, ... More...   $0 (07-19-2018 - MO)

United States of America v. Ronald Teekell Third Judicial District Courthouse - Anchorage, Alaska

Anchorage, AK - Anchorage Man Sentenced for Distribution of Child Pornography

Ronald Teekell, 53, of Anchorage, was sentenced July 18, 2018 by Chief U.S. District Judge Timothy M. Burgess, to serve 97 months in prison, followed by a life term of supervised release, for the distribution of child pornography.

According to court documents, Teekell was first brought to law enforce... More...
   $0 (07-19-2018 - AK)

United States of America v. Michael Dale Gilbert District of Arizona Federal Courthouse - Phoenix, Arizona Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Phoenix, AZ - Government Contractor Found Guilty of Theft of Government Property

A former government contractor was found guilty on July 18, 2018 for his role in a scheme to unlawfully convert U.S. government property from the U.S military base at Kandahar Airfield, Afghanistan, shipping items to his home in Arizona for resale.

After a three day trial, Michael Dale Gilbert,... More...
   $0 (07-19-2018 - AZ)

Bobby S. Dutta v. State Farm Mutual Automobile Insurance Company Northern District of California Federal Courthouse - San Francisco Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Bobby S. Dutta appeals the district court’s grant of summary judgment to State Farm Mutual Automobile Insurance Company (“State Farm”) on his claim that State Farm violated provisions of the Fair Credit Reporting Act of 1970 (“FCRA”). The relevant FCRA provisions require a prospective employer to provide a job applicant with a copy of his consumer credit report, notice of his FCRA rights, and an o... More...   $0 (07-19-2018 - CA)

Lecia L. Shorter v. Leroy D. Baca, et al. Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Lecia L. Shorter appeals the district court’s partial grant of summary judgment in favor of the County of Los Angeles, Leroy Baca, Jacqueline Ortiz, and Alejandra Avalos (the County or County Defendants) on her 42 U.S.C. § 1983 inadequate medical care claim, and the denial of Shorter’s motion for a new trial on her § 1983 claim based on her classification as mentally ill, her conditions of confine... More...   $0 (07-19-2018 - CA)

Bernardina Rodriquez v. Taco Bell Corp. Eastern District of California Federal Courthouse - Fresno, California

This case is about the meal breaks that California law
requires an employer provide to employees after they have
worked a certain number of hours. The Plaintiff-Appellant,
Bernardina Rodriguez (“Plaintiff”), was for many years a
restaurant employee of the Defendant-Appellee, Taco Bell
Corp. (“Taco Bell”). During that time Taco Bell offered
thirty-minute meal breaks that wer... More...
   $0 (07-19-2018 - cA)

Kathleen Willhite-Michiulis v. Mammoth Mountain Ski Area, LLC

Plaintiff Kathleen Willhide-Michiulis was involved in a tragic snowboarding
accident at Mammoth Mountain Ski Area. On her last run of the day, she collided with a
snowcat pulling a snow-grooming tiller and got caught in the tiller. The accident resulted
in the amputation of her left leg, several skull fractures and facial lacerations, among
other serious injuries. She and her husba... More...
   $0 (07-19-2018 - CA)

ALISE WENNING, et al. v. ADVANCED SPINE JOINT AND WELLNESS CENTER, et al. MoreLaw Receptionist Services Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

In May 2014, Alise Wenning began receiving chiropractic care at Defendant
Appellee Advanced Spine Joint and Wellness Center, LLC (“Advanced Spine”) in Medina.
Following a chiropractic treatment on November 13, 2014, while Mrs. Wenning was still in the
lobby, she began experiencing stroke-like symptoms. An ambulance was called and Mrs.
Wenning was taken to a hospital. Subsequ... More...
   $0 (07-18-2018 - OH)

STATE OF OHIO v. ROY R. YOUNG, JR.

The facts and initial procedural history of this case were set out in Mr. Young’s
direct appeal. See State v. Young, 9th Dist. Lorain No. 15CA010803, 2017-Ohio-1400. Based
on evidence that Mr. Young had been sexually abusing his then 15-year old stepdaughter since
she was five years old, the grand jury indicted him on three counts of rape, three counts of sexual
battery, and ... More...
   $0 (07-18-2018 - OH)

STATE OF OHIO v. SHAWN MARTIN THOMAS

On August 3, 2016, Appellant was indicted for attempted rape with the allegation he purposely compelled A.M. to submit to sexual conduct by force or threat of force. See R.C. 2907.02(A)(2); R.C. 2923.02(A). This offense would have been subject to Tier III classification, the highest sex offender label. See R.C. 2950.01(G)(a)(i). Appellant appeared for a plea hearing on November 21, 2016, at w... More...   $0 (07-18-2018 - OH)

STATE OF OHIO v. CLIFTON J. PANEZICH

In late 2015, a single count complaint was filed in Mahoning County Court Number 4 against Appellant. The complaint alleged Appellant engaged in a pattern of corrupt activity in violation R.C. 2923.22, a first-degree felony, from 2010 through 2015. 12/16/15 Complaint. The complaint was filed as a result of a 2013 investigation by the FBI, Canfield Police Department, and other Northeast Ohio po... More...   $0 (07-18-2018 - OH)

STATE OF OHIO -vs- BRANDON G. EDMONDS

On February 12, 2016, Defendant-Appellant Brandon G. Edmonds and co defendants went to the home of H.O. located in Newark, Ohio. Edmonds knocked on the door and when H.O. opened the door, Edmonds and the co-defendants rushed in. Edmonds brandished a gun at H.O. and other occupants of the house in an effort to steal drugs or money. A struggle ensued between H.O. and Edmonds, during which Edmonds... More...   $0 (07-18-2018 - OH)

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