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United States of America v. Kenneth E. Fairley Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

Appellant-Defendant Kenneth Fairley appeals his jury conviction for theft of government property in violation of 18 U.S.C. § 641 (counts two and three) and conspiracy to commit theft of government property in violation of 18 U.S.C. § 371 (count one). Fairley argues that: (1) the indictment, jury instruction, and verdict form all misstated the elements of § 641; (2) the district court erroneously a... More...   $0 (01-25-2018 - MS)

United States of America v. Gross Williams Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Defendant-Appellant Gross Williams appeals the district court’s rulings denying his motions to suppress. For the following reasons, we affirm.
I. Facts & Procedural History
Defendant-Appellant Gross Williams was convicted in 2012 in Iberville Parish on state charges of distributing marijuana and placed on five years of probation. Conditions of Williams’s probation included permitting home ... More...
   $0 (01-25-2018 - LA)

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)

Eric C. Darden v. City of Fort Worth, Texas; W.F. Snow; and J. Romero Western District of Texas Federal Courthouse - Fort Worth, Texas

Fort Worth Police Officers W.F. Snow and Javier Romero arrested Jermaine Darden, a black man who was obese, while executing a no-knock warrant at a private residence. In arresting Darden, the officers allegedly threw him to the ground, tased him twice, choked him, punched and kicked him in the face, pushed him into a face-down position, pressed his face into the ground, and pulled his hands behind... More...   $0 (01-25-2018 - TX)

Land Partners, LLC v. County of Orange Orange County California Courthouse - Santa Ana, California

In this taxpayer refund action, Land Partners, LLC, and Los Alisos Ranch
Company (collectively, Land Partners) appeal from a postjudgment order denying their
motion for attorney fees brought pursuant to Revenue and Taxation Code section 5152.
1

Although the court had found the County of Orange Assessor (Assessor) used a
constitutionally invalid methodology in valuing Land ... More...
   $0 (01-25-2018 - CA)

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)

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)

Walter Stephen Jackson v. Los Lunas Community Program District of New Mexico Federal Courthouse - Albuquerque, New Mexico

This civil rights class action lawsuit was filed thirty years ago to challenge
various aspects of the institutionalization of developmentally disabled individuals at
two state-supported facilities in New Mexico. After a lengthy trial in 1990, the
district court ruled that Defendants—the two institutions and the individuals charged
with their operation—were violating class members’ ... More...
   $0 (01-23-2018 - NM)

United States of America v. Thomas Jerry III Southern District of Florida Courthouse - Miami, Florida

Miami, FL - Miami Resident Sentenced in Identity Theft Scheme

Defendant had personal identification information of over 1,000 individuals, most of whom were Miami-Dade College students

A Miami resident was sentenced to 38 months in prison, to be followed by three years of supervised release, and was ordered to pay $42,338.49 in restitution for his participation in an identity the... More...
   $43338 (01-23-2018 - FL)

The People of the State of Colorado v. David Bueno David Bueno murder conviction vacated: Carol Chambers's office hid evidence, says David Lane

Michael Snyder, a white inmate at the Limon Correctional Facility (“LCF”), told
his wife in a recorded phone conversation that he had been ordered to stab another
inmate. The next day, Jeffrey Heird, another white inmate at LCF, was found stabbed
to death in his cell. Snyder would later tell investigators that Heird was the man he had
been ordered to kill.
¶5 Immediately... More...
   $0 (01-23-2018 - CO)

United States of America, ex rel. Steve Greenfield v. Medco Health Solutions, Inc., et al. District of New Jersey Federal Courthouses

Accredo Health Group, Inc., a specialty pharmacy that provides home care for patients with hemophilia (a rare condition that prevents blood from clotting properly), made donations to charities, two of which allegedly recommended Accredo as an approved provider for hemophilia patients. This raises whether the donations came with something expected in return for the recommendations, which might trig... More...   $0 (01-23-2018 - NJ)

STATE OF TENNESSEE v. CHRISTOPHER JONES COURT OF CRIMINAL APPEALS OF TENNESSEE

At the guilty plea hearing the State and Defendant stipulated that the summary of the facts contained in the presentence report, as taken from the narrative/case notes of Officer K. Frederick of the Bristol Police Department, was accurate and sufficient to provide a factual basis for the offenses of reckless aggravated assault, reckless endangerment, driving under the influence (DUI), simple posse... More...   $0 (01-22-2018 - MA)

Estate of Kirk Kerkorian, Deceased - Una Davis v. Anthony Mandekic, as Executor, etc. Los Angeles County Courthouse - Los Angeles, California

Probate Code section 11704 requires an executor to obtain
court permission before taking sides in a proceeding to determine
who is entitled to a distribution of estate assets. We are asked to
decide whether the probate court complied with the statute’s
requirements when it allowed the executor of Kirk Kerkorian’s
(Kerkorian’s) estate to oppose a petition filed by Kerkorian’sMore...
   $0 (01-22-2018 - CA)

William Baxter v. California State Teachers' Retirement System

Eleven retired teachers (Teachers) who had been employed in the Salinas Unified
High School District (District), disputed attempts by appellant California State Teachers’
Retirement System (CalSTRS) to recoup retirement benefit overpayments. The
overpayments were the result of a years-long miscalculation by the District of the
monthly retirement benefits to which the Teachers were ... More...
   $0 (01-21-2018 - CA)

Arminius Dejuan Jones v. The State of Texas Court of Appeals Fifth District of Texas at Dallas

Appellant pleaded guilty to aggravated assault with a deadly weapon, pursuant to a
negotiated plea bargain agreement. The trial court accepted the plea, deferred adjudication, and
placed appellant on community supervision for a period of five years. The State subsequently
filed a motion to proceed with an adjudication of guilt, alleging appellant violated various
conditions o... More...
   $0 (01-20-2018 - TX)

Richard Diaz v. The State of Texas Richard Diaz - Registered Sex Offender

Appellant seeks to appeal the trial court’s order denying his motion to terminate his sex
offender registration. In Texas, appeals in criminal cases are permitted only when they are
specifically authorized by statute. State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim.
App. 2011); see TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2006). Generally, a criminal
defendant... More...
   $0 (01-20-2018 - TX)

Michael Castilla v. The State of Texas Fourth Court of Appeals San Antonio, Texas

When Castilla had outstanding warrants for his arrest, several San Antonio Police
Department officers executed those warrants and arrested Castilla at his home. A firearm was later
found in the grass outside the house where Castilla was arrested. At the time of his arrest, Castilla
had a prior felony conviction for evading arrest or detention.
Castilla was indicted for “inten... More...
   $0 (01-20-2018 - TX)

Communities For A Better Environment v. State Energy Resources Conservation and Development Commission

The State Energy Resources Conservation and Development Commission (Energy
Commission) is the state agency exclusively empowered to license thermal power plants
of over 50 megawatts capacity. (Pub. Resources Code, §§ 25120, 25500, 25517; see City
of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364–
365 (Sonoma).)1
Indeed, pursuant to section 25... More...
   $0 (01-20-2018 - CA)

United States of America v. Stanley Presendieu and Scarlee Valias Jean Southern District of Florida Courthouse - Miami, Florida

After their guilty pleas, defendant Stanley Presendieu appeals his convictions and defendant Scarlee Valias Jean appeals her sentence. Having carefully reviewed the record and the parties’ briefs, and with the benefit of oral argument, we (1) affirm Presendieu’s convictions and (2) vacate Jean’s sentence and remand for further proceedings.
I. BACKGROUND
This case involves an illegal check-... More...
   $0 (01-19-2018 - FL)

STATE OF MONTANA v. DENNIS LEO SCHOWENGERDT Deer Lodge man gets life for wife's murder

The initial facts of the case are undisputed: On December 8, 2012, Schowengerdt
killed his wife, Tina Schowengerdt, by repeatedly stabbing her in their home near Deer
Lodge. The following morning, Schowengerdt drove to the police station in Deer Lodge
and, in a recorded statement, told officers that last night he, “killed that son of a bitch [he]
was living with. So arrest me... More...
   $0 (01-19-2018 - WY)

United States of America v. Sanford J. Wishnev v. The Northwestern Mutual Life Insurance Company Northern District of California Federal Courthouse - San Francisco

We ask the California Supreme Court to resolve two open
questions of state law that have significant effects on
insurance companies and insureds in California.
An initiative measure enacted in 1918 (the Initiative), Cal
Civ. Code §§ 1916-1–5, limits the amount of interest lenders
may charge, and provides that lenders may not compound
WISHNEV V. 4 NORTHWESTERN MUTUAL
int... More...
   $0 (01-19-2018 - CA)

McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...
   $0 (01-19-2018 - CA)

James L. Turner v. Theodore V. Wells, Jr. and Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P. Southern District of Florida Courthouse - Miami, Florida

This appeal involves a law firm’s investigation of the Miami Dolphins professional football organization. The National Football League (“NFL”) hired the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP and one of its partners, Theodore Wells, to investigate allegations of bullying within the Dolphins organization. After receiving Paul, Weiss’s report, the Dolphins fired their offensive lin... More...   $0 (01-18-2018 - FL)

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