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Larry Littlejohn v. Costco Wholesale Corporation

Plaintiff Larry Littlejohn appeals from a ruling sustaining a demurrer to his third
amended complaint (complaint) without leave to amend. Littlejohn sought to sue Costco
Wholesale Corporation and Costco Wholesale Membership, Inc. (Costco), the California
Board of Equalization (Board) and Abbott Laboratories, Inc. (Abbott) to recover amounts
he paid in sales tax reimbursement on pur... More...
   $0 (07-16-2018 - CA)

STATE OF SOUTH DAKOTA v. GENE R. KALINE

In the early morning hours of September 22, 2016, a homeowner in Pennington County contacted the Rapid City Police Department and asked that officers remove her son and a woman named Kasey Sybert from her home. The homeowner asserted that there was an active warrant for Sybert’s arrest. The homeowner did not indicate how many people were in the home at the time, but responding officers understoo... More...   $0 (07-15-2018 - SD)

UNITED STATES OF AMERICA v. JOHN TIMOTHY CANNON, a/k/a Mr JT,

Cannon argues that the district court abused its discretion in denying his pretrial motion for a reliability hearing. Cannon’s opening brief merely incorporates by reference his district court pleadings, a tactic of which we have disapproved. See Fed. R. App. P. 28(a)(8)(A); Wahi v. Charleston Area Med. Ctr., Inc., 562 F.3d 599, 607 (4th Cir. 2009); McCarver v. Lee, 221 F.3d 583, 588 n.1 (4t... More...   $0 (07-15-2018 - Nc)

UNITED STATES OF AMERICA v. JOSEPH KELVIN ABERANT,

We review a defendant’s sentence “under a deferential abuse-of-discretion standard.” Gall v. United States, 552 U.S. 38, 41 (2007). Under this standard, a sentence is reviewed for both procedural and substantive reasonableness. Id. at 51. In determining procedural reasonableness, we consider whether the district court properly calculated the defendant’s advisory Guidelines range, gave the ... More...   $0 (07-15-2018 - NC)

UNITED STATES OF AMERICA v. DAYVON BRYAN RILEY

In 2013, Riley pleaded guilty to aggravated identity theft, among other charges,
and was sentenced to 156 months’ imprisonment. On direct appeal, we affirmed the
validity of Riley’s guilty plea and dismissed his sentencing claims based on the appeal
waiver contained in his written plea agreement. United States v. Riley, 581 F. App’x 206
(4th Cir. 2014). In his pro se § 2255 ... More...
   $0 (07-15-2018 - NC)

Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds, ex rel State of Iowa and Iowa Board of Medicine SUPREME COURT OF IOWA

In this appeal, we must decide if the constitutional right of women to choose to terminate a pregnancy is unreasonably restricted by a statute that prohibits the exercise of the right for a period of seventy-two hours after going to a doctor. In making this decision, we recognize the continuing debate in society over abortion and acknowledge the right of government to reasonably regulate the const... More...   $0 (07-15-2018 - IA)

UNITED STATES OF AMERICA v. JOSE JIMENEZ

On June 3, 2015, Jose Jimenez was arrested in unlawful possession of a 2 bullet retrieved from his person following an attempted undercover firearms 3 purchase. Jimenez had agreed to drive Oscar Sanchez to the parking lot of a fast 4 food restaurant in the Bronx on June 3, 2015 in exchange for $40. Sanchez had 5 arranged to sell 20 handguns to a person who was, in fact, an undercover 6 detect... More...   $0 (07-15-2018 - )

BURGESS MASSEY v. UNITED STATES OF AMERICA

After the Supreme Court denied his petition for a writ  of certiorari, Massey v. United States, 549 U.S. 1136 (2007),  Massey filed his first motion for relief pursuant to 28 U.S.C.  § 2255, Massey v. United States, 08‐924, 2009 WL 1285991  (S.D.N.Y.  Apr.  23,  2009).  The  District  Court  denied  his  motion  and  did  not  issue  a  certificate  of  appealability,  finding that his three... More...   $0 (07-15-2018 - )

JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma... More...   $0 (07-15-2018 - NH)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

Jerry Lynn Lofton a/k/a Gerry Lynn Lofton a/k/a Gerry Lofton a/k/a Jerry Loftin a/k/a Jerry Lofton v. State of Mississippi

Edroy James Ballard Jr. was shot and killed on June 3, 2014, in Horn Lake, Mississippi. A DeSoto County grand jury charged Lofton with Ballard’s murder. Lofton was deemed indigent, and Adam Emerson was appointed to represent him. Several months later, Emerson filed a motion to reconsider Lofton’s indigent status. Emerson informed the trial court that Lofton had refused to meet with him and wi... More...   $0 (07-15-2018 - FL)

Laur B. v. Wade B. Third Judicial District Courthosue - Anchorage, Alaska

A father requested primary physical custody of his daughter, modifying the previous shared custody arrangement. The mother opposed the change, arguing there had not been a substantial change in circumstances. The superior court ordered a limited custody investigation to resolve a factual dispute related to the change in circumstances, promising a second hearing on the daughter’s best interests. Bu... More...   $0 (07-15-2018 - AK)

Tom Donovan Nicolos v. North Slope Borough North Slope Borough of Alaska

The North Slope Borough discharged employee Tom Donovan Nicolos after he made statements that Borough employees interpreted as threats. Nicolos appeals from the superior court’s order approving the Borough Personnel Board’s decision affirming his discharge. He claims that his statements did not constitute threats or other
misconduct under the Borough’s personnel rules and that the Borough fail... More...
   $0 (07-15-2018 - )

MICHAEL ROBBINS vs STATE OF FLORIDA

The state charged the defendant with aggravated battery with a firearm. The evidence showed that the defendant was involved in an argument with a man who was hanging out with a small group of people outside of a business. The defendant eventually got a gun from his nearby truck, fired two shots towards the group, and drove off. One of the shots struck a woman in the group.

Defendant ... More...
   $0 (07-14-2018 - FL)

DANIEL DUANE SLAUGHTER vs STATE OF FLORIDA

Daniel Duane Slaughter appeals his convictions and sentences for three charges involving the lewd or lascivious molestation of a child under the age of twelve. Appellant raises two points on appeal. First, Appellant argues that the trial court abused its discretion in overruling defense counsel’s objection to the prosecutor’s alleged misstatement of the law during closing argument. Second, Appe... More...   $0 (07-14-2018 - FL)

Jose Sardinas vs. Daniel Junior, Director, Miami-Dade Corrections and Rehabilitation Department, and The State of Florida Third District Court of Appeal

Mr. Sardinas was arrested on January 15, 2018 and charged with aggravated
assault with a deadly weapon. Since that time, Mr. Sardinas has failed to comply
with the conditions of his pretrial release on at least three separate occasions. His
most recent arrest stems from an alias capias issued on December 4, 2015 and
served on June 15, 2018.
On June 24, 2018, Mr. Sardina... More...
   $0 (07-14-2018 - FL)

LORENZO A. MARTINEZ vs STATE OF FLORIDA

Lorenzo Martinez appeals his judgment and sentences for: count one, driving with a suspended license and causing death; count two, DUI manslaughter; and count three, failure to remain at the scene of a crash involving death. We agree with Mr. Martinez that his convictions for counts one and two violate Florida's "single
homicide rule." See McCullough v. State, 230 So. 3d 586, 589 (Fla. 2d D... More...
   $0 (07-14-2018 - FL)

CHRISTOPHER DELANE DANIELS vs STATE OF FLORIDA

The law concerning the need for a hearing when a defendant seeks to discharge appointed counsel is clear. In Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973), the court set forth a procedure for handling a request to discharge court-appointed counsel. Maxwell v. State, 892 So. 2d 1100, 1102 (Fla. 2d DCA 2004). The first step in the procedure is the preliminary Nelson inquiry in which the cour... More...   $0 (07-14-2018 - FL)

Carl Lewis Burns vs State of Florida

Appellant admitted in his recorded pre-trial confession, and at trial, that he was aware that the victim had been sexually abused previously by two separate men including her biological father, giving rise to legal proceedings culminating in her adoption into Appellant’s family. The victim testified that after Appellant and his wife adopted her, Appellant raped her two or three times a week for ov... More...   $0 (07-14-2018 - FL)

DIEGO TAMBRIZ-RAMIREZ vs. STATE OF FLORIDA

The facts of the case as set forth in the Fourth District’s opinion below are as
follows:
[In 2010, a]rmed with a knife and using a shirt as a mask, appellant broke into the victim’s home at night and attempted to sexually batter her. The victim testified that during the attack, appellant put the knife to her face and neck. The victim fought off the attacker and, after pulling off the... More...
   $0 (07-14-2018 - FL)

State of Florida v. Budry Michel

Budry Michel was charged with first-degree murder, armed robbery, armed
kidnapping, and attempted armed robbery in the shooting death of Lynette Grames
and robbery of Adnan Shafi Dada. The crimes occurred in 1991 when Michel was
sixteen years old. After a jury convicted him of first-degree premeditated murder
and armed robbery, he was sentenced to life imprisonment with the p... More...
   $0 (07-14-2018 - FL)

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-14-2018 - TN)

Edgar Ray Bettis v. State of Tennessee

On April 1, 2011, the Petitioner strangled the victim, who was the manager of the trailer park where he lived, after striking her repeatedly with an ashtray. He was charged with premeditated first degree murder, felony murder, and theft of the victim’s automobile. The Petitioner argued that the homicide occurred in self-defense after the elderly victim became confused about his identity and atta... More...   $0 (07-14-2018 - TN)

State of Tennessee v. Roy Lee Branner

In case number 13716, the Defendant was charged with one count of violating the HMVO law, one count of DUI, and one count of violation of the implied consent statute. In case number 13717, he was charged with one count of violating the HMVO law, one count of DUI, two counts of leaving the scene of an accident, one count of possession of drug paraphernalia, one count of evading arrest, one count o... More...   $0 (07-14-2018 - TN)

Stephanie Ann Cole v. State of Tennessee

The Petitioner was indicted for and pled guilty to the first degree premeditated murder of the victim, Louis Tammaro, receiving a life sentence. At the plea hearing, the
State proffered the factual basis for the Petitioner’s guilty plea. The State asserted, through the testimony of Agent Dan Friel of the Tennessee Bureau of Investigation, that on June 20, 2014, the Petitioner’s neighbor wen... More...
   $0 (07-14-2018 - TN)

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