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Fair Debt Collection Practices Act Law
 
Kevin C. Rotkiske v. Paul KLemm, Esq., d/b/a Nudleman, Klemm & Golub, P.C. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to determine when the statute of limitations begins to run under the Fair Debt Collection Practices Act (FDCPA or Act), 91 Stat. 874, 15 U.S.C. § 1692 et seq. The Act states that “[a]n action to enforce any liability created by this subchapter may be brought in any appropriate United States district court . . . within one year from the date on which the violation occurs.” 1... More...   $0 (05-23-2018 - PA)

Professional Collection Consultants v. Robert M. Lujan

Professional Collection Consultants (PCC) filed this action to collect credit card
debt that Lujan incurred. The parties agree that if Delaware’s three-year statute of
limitations applies the action is time-barred, but that if California’s four-year statute
applies the case is timely filed. The trial court applied the Delaware statute, granting
summary judgment on statute of limita... More...
   $0 (05-23-2018 - CA)

State of Tennessee v. Kenneth Michael McIntosh

On November 5, 2013, a Knox County grand jury issued a presentment charging the defendant with sixteen counts of aggravated child abuse (Counts 1-6, 11-20) and two counts of child abuse (Counts 30-31). The charges stemmed from a series of incidents in which the defendant subjected the victims to physical abuse, prolonged periods of confinement, and restraint with handcuffs. The presentment also c... More...   $0 (05-22-2018 - TN)

William Casey v. State of Tennessee

The 2011 convictions in this case stem from the conduct of the Petitioner against the victim in 1979 and 1980 while the then-juvenile victim was attending a school associated with the church where the Petitioner was the head priest. The evidence presented at trial established that the Petitioner engaged in sexual acts with the victim on three separate occasions when the victim was thirteen and fo... More...   $0 (05-22-2018 - TN)

Nasir Hakeem v. State of Tennessee

Following a bench trial, the Petitioner, a foreign national from Pakistan, was convicted of two counts of sexual battery, a Class E felony. State v. Nasir Hakeem, No. M2012-02150-CCA-R3-CD, 2013 WL 6706122, at *1 (Tenn. Crim. App. Dec. 18, 2013), perm. app. denied, (Tenn. May 14, 2014). On August 2, 2012, the trial court imposed concurrent, suspended sentences of eighteen months for each convict... More...   $0 (05-22-2018 - TN)

State of Tennessee v. Curtis Morris

On January 8, 2013, a Shelby County grand jury returned indictment No. 1300001, charging the defendant with first-degree murder during the perpetration of aggravated child abuse, first-degree murder during the perpetration of aggravated child neglect, aggravated child abuse of a child eight years of age or less, and aggravated child neglect of a child eight years of age or less. The victim in the... More...   $0 (05-22-2018 - TN)

Dustin Lucio v. State of Tennessee Dustin Matthew Lucio - Registered Sex Offender

Prior to Petitioner’s trial, the State filed a motion seeking to exclude medical records showing that the victim had been treated for substance abuse after the offense. At
the hearingon the State’s motion, the victim testified that she was raped by Petitioner on February 20, 2009. She testified that she developed a “drug problem” immediately after the incident. The victim acknowledged on c... More...
   $0 (05-22-2018 - TN)

STATE OF OHIO - vs - DONNIE E. WRIGHT

Defendant-appellant, Donnie Wright, appeals his conviction and sentence in
the Fayette County Court of Common Pleas for unlawful sexual conduct with a minor.
{¶ 2} In early December 2016, appellant began dating a woman ("Mother"). Within
days, appellant moved into Mother's house. Mother has a daughter ("the victim") who also
resided with her. Later that month, appellant bega... More...
   $0 (05-21-2018 - )

STATE OF OHIO - vs - GREGORY ALLEN CARROLL, a.k.a. GREGERY A. CARROLL

Appellant, Gregory Allen Carroll, a.k.a. Gregery A. Carroll, appeals from
the May 5, 2017 judgments of the Ashtabula County Court of Common Pleas,
sentencing him for robbery, theft from a person in a protected class, theft, and forgery
following a bench trial. On appeal, appellant raises issues involving ineffective
2
assistance of counsel, admissibility of evidence, and ... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO vs. DOUGLAS C. SHINE, JR.

Appellant Douglas C. Shine, Jr. (“appellant”) appeals from his convictions for
multiple counts of aggravated murder, murder, felonious assault, and other offenses in
connection with four shootings. Appellant assigns 21 errors for our review.1 Having reviewed
the record and pertinent law, we affirm the decision of the trial court. The apposite facts follow.
{¶2} Following a s... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO vs. BISHOP J. HICKS

In Cuyahoga C.P. No. CR-17-613700-C, Hicks was charged for his involvement in
an incident that occurred on January 23, 2017, during which Hicks and his codefendants, Eric
Henderson and Javon Mason, robbed an individual at gunpoint. On January 31, 2017, the
Cuyahoga County Grand Jury returned a four-count indictment charging Hicks with
(1) aggravated robbery, a first-degree fel... More...
   $0 (05-21-2018 - OH)

United States of America v. Jose Martinez-Hernandez District of Rhode Island Federal Courthouse - Providence, Rhode Island

Providence, RI - Fall River Man Admits to Being an Armed Drug Trafficker

Project Safe Neighborhoods investigation by Newport Police resulted in the arrest of four for allegedly possessing firearms, trafficking cocaine and crack cocaine

An armed drug trafficker arrested by Newport Police during a Project Safe Neighborhoods investigation into an alleged cocaine and crack cocaine tr... More...
   $0 (05-21-2018 - RI)

Paul Chmielewski, et al. v. The City of St. Pete Beach Middle District of Florida Federal Courthouse - Tampa, Florida

In this appeal of an inverse condemnation action, Defendant-Appellant the City of St. Pete Beach (“the City”) challenges a jury verdict in favor of Plaintiffs Katherine A. Chmielewski and Paul Chmielewski, as personal representative of the estate of Chester Chmielewski (“the Chmielewskis”). The underlying dispute involves a beachfront parcel, owned by the Chmielewskis, which experienced significan... More...   $0 (05-21-2018 - FL)

Linda M. Marshall v. Bryan S. Marshall

Linda Marshall appeals from the judgment on reserved issues following the
dissolution of her marriage to Bryan S. Marshall.1
Linda challenges two specific aspects
of the family court’s division of marital property. She contends the court erred declaring
a 2006 capital gains tax liability to be a community debt, notwithstanding the fact she had
obtained an “innocent spouse” det... More...
   $0 (05-21-2018 - CA)

THE STATE OF OHIO v. MYERS

The case was tried to a jury. Much of the account of what happened came from Myers’s friend and codefendant Timothy Mosley. According to Mosley, he and Myers began to concoct their scheme on January 27, 2014. That morning, Myers, who had just slept through the start of a new job, woke up Mosley
and asked him if he “wanted to make some money.” When Mosley said he did, Myers suggested that ... More...
   $0 (05-20-2018 - OH)

Duncan E. Prince v. Invensure Insurance Brokers, Inc. v. Erm Insurance Brokers, Inc., Cross-defendant and Appellant

The parties appeal and cross-appeal a judgment after a jury trial in this
business dispute. Plaintiff and cross-defendant Duncan E. Prince obtained a judgment of
$647,706.48 against defendant and cross-complainant Invensure Insurance Brokers, Inc.
(Invensure). Invensure took nothing on its cross-complaint against Prince and his related
business entity, cross-defendant ERM Insurance... More...
   $0 (05-20-2018 - CA)

United States of America v. Rocky Hutson District of Colorado Federal Courthouse - Denver, Colorado

Denver, CO - Western Slope Sovereign Citizen Sentenced to Federal Prison for Bank Fraud and Related Crimes

Rocky Hutson, age 59, of Grand Junction, Colorado, and a self-proclaimed sovereign citizen, was sentenced to serve 70 months (nearly 6 years) in federal prison for false claims, creating fictious financial instruments and bank fraud, U.S. Attorney Bob Troyer, FBI Denver Division Spec... More...
   $0 (05-19-2018 - CO)

State of Wisconsin v. Lamont Donnell Sholar

In late September 2011, Sholar and his life-long
friend, Shawnrell Simmons, were arrested after two victims, E.C.
and S.G., separately reported to police that they had been
victims of sex trafficking by Sholar (and that other girls had
been trafficked by Simmons) out of several motel rooms near the
Milwaukee airport, including the Econolodge on 13th Street. The
State... More...
   $0 (05-19-2018 - WI)

Michael Easley; Stephania Session v. City of Riverside; Sergio Diaz; Silvio Macias Central District of California Federal Courthouse - Riverside, California

On December 22, 2011, Michael Easley (“Easley”) was shot three times by Officer Silvio Macias (“Macias”) following a traffic stop. Based on his resulting injuries, which include permanent physical disability and paralysis, Easley filed this action alleging that Macias violated 42 U.S.C. § 1983 through the use of excessive force. The district court sua sponte ordered an evidentiary hearing regardin... More...   $0 (05-19-2018 - CA)

Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

STATE OF IOWA v.TIMOTHY ROGER SCHROEDER

At about 7:00 a.m. on January 9, 2015, Nicole Gray’s seventeen-year-old
neighbor entered Gray’s home to care for her pets while Gray and her children
were out of the country. The minor found Gray’s boyfriend, Dustin Wilder, lying
face down in a pool of blood in the kitchen and unresponsive.
Emergency response personnel were called and determined Wilder was
deceased. L... More...
   $0 (05-18-2018 - IA)

Rodney Sanchez Lopez v. The State of Texas Texas Eighth District Court of Appeals

Lopez was charged with possession with intent to deliver heroin (four grams or more, but
less than 200 grams).1 A jury found him guilty and Lopez was sentenced to fifteen years’
imprisonment. Lopez appeals his conviction based on the trial court’s denial of his (1) motion for
continuance of the trial, and (2) motion to suppress.
The Stop
On July 19, 2013, Trooper John Da... More...
   $0 (05-17-2018 - TX)

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)

Carlos Alfonso Dominguez v. The State of Texas Texas Sixth District Court of Appeals

Carlos Alfonso Dominguez committed the unauthorized practice of law. The evidence at
trial demonstrated that while claiming to be an “Assistant to Attorney” at an immigration law
office, Dominguez himself collected payment for immigration work he was unqualified to
perform.1 Dominguez’ “clients” testified that they paid Dominguez large sums of money for work
he never complete... More...
   $0 (05-16-2018 - TX)

Allan McDowell v. The State of Texas Fifth Court of Appeals - Texas Courts

At trial, the State offered appellant’s written and signed plea of true and stipulation of
evidence to the allegations in the State’s motion to proceed to an adjudication of guilt on the first
robbery as well as appellant’s written and signed judicial confession and stipulation of evidence
to the second robbery allegation. The State asked the trial court to take judicial notice of ... More...
   $0 (05-16-2018 - TX)

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