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Failure to Warn Law
 
Leon Howell Couvillion v. The State of Texas Texas Court of Appeals, Ninth District

Deputy Magdalena Strong of the Montgomery County Sheriff’s Office
testified that in March 2016, she responded to a 9-1-1 call at the home of Couvillion
and C.G. According to Strong, C.G. called 9-1-1 and reported that Couvillion had
pushed C.G. on the chest, and Strong observed red marks on C.G.’s neck. Strong
testified that C.G. was highly upset and initially resisted giving ... More...
   $0 (05-17-2018 - TX)

Edward Tobey v. Brenda Chibucos and Mary Stanton Northern District of Illinois Courthouse - Chicago, Illinois

One man’s extradition is another
man’s “kidnapping.” Edward Tobey, the plaintiff here, has
three state-court convictions (one in Illinois and two in Florida)
for possession of child pornography. Tobey also has a penchant
for resisting the conditions of probation placed upon him
2 Nos. 16-3927 & 16-4037
by courts and by his probation officer. In 2013, his tussles with
th... More...
   $0 (05-17-2018 - IL)

Charles E. Yeager v. Peter Holt

Defendants Peter Holt, Holt Law Firm, and Bethany Holt (collectively Holt,
except as noted) appeal from an order denying their special motion to strike (also known
as an anti-SLAPP--Strategic Lawsuit Against Public Participation--motion).1
Peter Holt
and his law firm briefly represented Charles E. and Victoria Yeager (collectively Yeager,
except as noted) and successfully sued... More...
   $0 (05-17-2018 - CA)

Orlando Bell v. The State of Texas Texas Court of Appeals, Seventh District

Appellant, Orlando Bell, was convicted by a jury of failure to comply with sex
offender registration requirements, enhanced by two prior felonies,1 and sentenced to fifty
years confinement. The appellate record has been filed and Appellant’s brief is due to be
filed on or before June 1, 2018. Appellant is represented by court-appointed counsel.
Pending before this court is Ap... More...
   $0 (05-16-2018 - TX)

Aaron Michael Franks v. The State of Texas

Appellant Aaron Michael Franks appeals his conviction for driving while
intoxicated, second offense. The clerk’s record and reporter’s record were due on April
4, 2018. On March 23, 2018, the clerk notified us that appellant had not made payment
arrangements for the clerk’s record. By letter of March 27, 2018, we directed appellant
to make acceptable payment arrangements for... More...
   $0 (05-16-2018 - TX)

Joe Villegas v. The State of Texas

Villegas, who has a mild intellectual disability, was indicted for sexual assault of a child in
August 2010. The next month, the trial court ordered an evaluation on Villegas to determine
whether he was competent to stand trial. In November 2010, the trial court signed an agreed
04-17-00435-CR


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judgment finding Villegas not competent to stand trial a... More...
   $0 (05-16-2018 - TX)

Benjamin Poehlmann v. The State of Texas

On December 25, 2014, San Antonio police officers responded to a 9-1-1 call, reporting a
shooting in progress at a home where Poehlmann, his girlfriend Roxann Sanchez, and his sister
Christina lived. Poehlmann and Roxann lived in an addition to the house, which was located next
to the kitchen of the main house and could only be accessed from the kitchen. The addition was
comp... More...
   $0 (05-16-2018 - TX)

Ex parte John Phillip Devine III

John Phillip Devine III filed this interlocutory appeal challenging the district court’s
order denying a combination motion to quash his indictment and pretrial application for writ of
habeas corpus. In the underlying prosecution, Appellant is charged with five felony offenses: three
counts of sexual assault of a child, one count of indecency with a child by contact, and one count of<... More...
   $0 (05-16-2018 - TX)

Elizabeth A. Clemons v. Norton Healthcare, Inc. Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This appeal is the latest installment in an ERISA litigation
saga that has spanned almost ten years. At the risk of oversimplifying their case, the Plaintiff–
Retirees claim that Defendant Norton Healthcare, Inc. Retirement Plan (“Norton”) underpaid
them under the terms of the plan. The district court found that the plan was unambiguous in the
Retirees’ favor. We agree with the dis... More...
   $0 (05-16-2018 - KY)

Matthew Gary Richardson v. United States of America Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Petitioner Matthew Richardson appeals the district
court’s denial of his 28 U.S.C. § 2255 motion to set aside his sentence, challenging his
>
No. 17-5517 Richardson v. United States Page 2
designation as an armed career criminal under 18 U.S.C. § 924(e), the Armed Career Criminal
Act (“ACCA”). We AFFIRM.
I. BACKGROUND
In 2012, after attempting to sell a sawed-off shotgu... More...
   $0 (05-16-2018 - TN)

Kerrie Reilly v. Marin Housing Authority

Kerrie Reilly lives with her severely disabled adult daughter in housing subsidized
by the Marin Housing Authority (MHA). The family participates in the Housing Choice
Voucher program, commonly known as Section 8, which MHA administers according to
the rules and regulations of the United States Department of Housing and Urban
Development (HUD). As a Section 8 participant, Kerrie Re... More...
   $0 (05-16-2018 - CA)

GREEN MEADOW REALTY CO. v. GILLOCK

This case concerns a dispute between Green Meadow Realty Co. (Realtor) and Roger and Mary Gillock (Owners) over Realtor's right to a commission. The trial court and Court of Civil Appeals resolved this dispute in favor of Realtor on the basis of the summary judgment record presented by the parties. Both courts found Owners were bound by an addendum to the listing agreement, even though it containe... More...   $0 (05-15-2018 - OK)

DOMINO’S PIZZA, LLC. v. YVONNE WIEDERHOLD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD E. WIEDERHOLD

In January 2011, Richard Wiederhold swerved into the median to avoid a vehicle
that had pulled out in front of him. His vehicle drifted through the median and back across
the roadway, flipped over once or twice, and came to rest in a ditch. The collision
immediately rendered him a quadriplegic. The other vehicle was driven by Jeffrey Kidd,
who was delivering pizza for Domino... More...
   $0 (05-15-2018 - FL)

ANTOINE L. BYNUM v. STATE OF FLORIDA

On April 26, 2015, the day before trial was initially scheduled, Appellant’s counsel
filed a notice of incompetency. As a result, the trial court held a competency hearing, and
after considering the reports of two court-appointed experts, found Appellant incompetent
to proceed and committed him to the Department of Children and Families (DCF) for
treatment at the state hospita... More...
   $0 (05-15-2018 - FL)

Green Tree Servicing, LLC v. Henry House; Linda Murrell Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

Henry House, Linda Murrell (the House Parties), and other plaintiffs
sued Green Tree Servicing and various other entities (the Green Tree Parties)
in a related action.1 The Green Tree Parties initiated the present suit in
1 Green Tree Servicing, L.L.C. v. Billy Brown, No. 17-60105.
Case: 17-60164 Document: 00514471076 Page: 1 Date Filed: 05/14/2018
No. 17-60164
2
federa... More...
   $0 (05-15-2018 - MS)

Montrell Greene v. Greenwood Public School District Northern District of Mississippi Federal Courthouse - Oxford, Mississippi

Greenwood Public School District (GPSD) hired Montrell Greene as superintendent of schools in April 2013. Greene’s contract initially provided for a three-year term of employment. GPSD later extended the contract through June 2018. On January 4, 2016, three members of the GPSD Board of Trustees—Deirdre Mayes, Randy Clark, and Samantha Milton—called a special meeting and voted to terminate Greene’s... More...   $0 (05-15-2018 - MS)

Jorge Fierro v. Landry's Restaurant

Plaintiff Jorge Fierro filed the underlying action against defendant Landry's
Restaurant Inc.,1 seeking remedies for what Fierro alleges to be Landry's' violations of
specified California labor laws and wage orders. Fierro asserts claims on behalf of
himself and on behalf of a class of individuals that he alleges is similarly situated.
Landry's demurred to the complaint on the basi... More...
   $0 (05-15-2018 - CA)

Rhonda Williams v. Mosaic Fertilizer, LLC Middle District of Florida Federal Courthouse - Tampa, Florida

In this toxic tort suit, Rhonda Williams appeals the District Court’s grant of summary judgment against her and in favor of Mosaic Fertilizer, LLC (“Mosaic”).
* Honorable Ursula Ungaro, United States District Judge for the Southern District of Florida, sitting by designation.
Case: 17-10894 Date Filed: 05/14/2018 Page: 1 of 22
2
Ms. Williams alleged that toxic substances emitted fr... More...
   $0 (05-14-2018 - FL)

Kathryn G. Collier and Benjamin M. Seitz v. SP Plus Corporation Northern District of Illinois Courthouse - Chicago, Illinois

This case presents an unusual circumstance: both parties insist that the plaintiffs lack Article III standing to sue. They draw opposing conclusions from this premise, however. The plaintiffs say that without standing their case could not be removed from state court using 28 U.S.C. § 1441; the defendant justifies removal but says the case then required dismissal for lack of standing. The district ... More...   $0 (05-14-2018 - )

MILTON MAURICE WEBB v. STATE OF FLORIDA

Milton Webb was charged with trafficking in cocaine and conspiracy to commit trafficking in cocaine. Prior to his trial, Webb had at least four court-appointed attorneys. Every time the court appointed an attorney to represent him, Webb would complain and request that the attorney be discharged. The last of those occasions gives rise to this
appeal; Webb contends that the trial court failed t... More...
   $0 (05-14-2018 - FL)

ALVIN ARTEAGA vs STATE OF FLORIDA

Alvin Arteaga appeals from a final order denying his motion and amended motion for postconviction relief. Some of the claims in these motions were denied after an evidentiary hearing, while others were denied summarily. We affirm the denial of all
- 2
but one claim without comment. We reverse the summary denial of a single claim for ineffective assistance of counsel based on trial cou... More...
   $0 (05-14-2018 - FL)

State of Tennessee v. Gabriel Dotson

On December 16, 2014, a Shelby County Grand Jury indicted the defendant for rape of a child, aggravated sexual battery, rape, statutory rape by an authority figure, and incest. The charge for statutory rape by an authority figure was later dismissed.

The defendant was charged with abusing his biological daughter, G.D.1 At the time of the trial, she was nineteen years old. The victim,... More...
   $0 (05-14-2018 - TN)

Jerry Edward Lanier v. State of Tennessee

ADyer County jury convicted the petitioner of two counts of selling more than 0.5 grams of cocaine in a drug-free zone for which he received an effective thirty-year sentence. This Court affirmed the petitioner’s convictions on direct appeal, and our Supreme Court denied his application for permission to appeal. State v. Jerry Edward Lanier, No. W2014-01840-CCA-R3-CD, 2015 WL 3397627, at *1 (Ten... More...   $0 (05-14-2018 - TN)

Demetrius Anderson v. State of Tennessee

On March 23, 2013, the Petitioner robbed two men, Richard Cooper and Willie Crawford, at gunpoint and took $60 and some marijuana. The victims called the police, and the Petitioner was apprehended after a short foot chase. In July 2013, the Petitioner was indicted for aggravated robbery and criminal attempt to commit aggravated robbery. On September 4, 2013, the trial court ordered the Petitione... More...   $0 (05-14-2018 - TN)

Nikolaus Johnson v. State of Tennessee

The procedural history of this case is protracted and complex. A Sullivan County Criminal Court jury convicted the petitioner of one count of the first degree premeditated murder of Bristol Police Department Officer Mark Vance, who had been dispatched to the home of the petitioner’s girlfriend to answer a call that the petitioner was “at the house threatening her with a gun,” and sentenced him to... More...   $0 (05-14-2018 - TN)

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