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Federal Civil Procedure Law
 
In the Matter of the Equalization Appeal of KANSAS STAR CASINO, L.L.C. for the Year 2015

Kansas Star is one of four state-sponsored gaming enterprises in Kansas authorized under K.S.A. 74-8733 et seq., the Kansas Expanded Lottery Act (KELA), and is located in the south central gaming zone. In 2007 the Legislature passed KELA which divided the state into four gaming zones—northeast, south central, southwest, and southeast—and authorized the Kansas Lottery to operate a single gaming fac... More...   $0 (07-22-2018 - KS)

STATE OF KANSAS v. SAMUEL LEE WOOD

Kevin Matthews was driving in Independence, at around 10 p.m. on December 18, 2014. As he crossed a bridge, Matthews noticed Wood's vehicle stopped on the side of the road. Matthews remarked that this was "a bad place to park" because it was right off the bridge with steep ditches and a narrow shoulder.

About 10 minutes later, when Matthews was traveling in the other direction, he saw W... More...
   $0 (07-22-2018 - KS)

STATE OF KANSAS v. SETH COLLINS

In May 2016, the State charged Collins with one count of intentional second degree murder in violation of K.S.A. 2015 Supp. 21-5403(a)(1) and one count of reckless aggravated battery in violation of K.S.A. 2015 Supp. 21-5413(b)(2)(B). The charges arose from two incidents on April 30, 2016, between Collins and his neighbor's identical twin daughters that ended in a fatal stab wound to Kayla Brown's... More...   $0 (07-22-2018 - KS)

Sean Michael Kovalevich v. State of North Dakota

In 2013, a jury found Kovalevich guilty of two counts of gross sexual imposition and one count of corruption of a minor. Kovalevich engaged in sexual acts with a minor female at Canad Inns, a hotel in Grand Forks, in February and August of 2012. Kovalevich appealed, and we affirmed the criminal judgment. See State v. Kovalevich, 2015 ND 11, 858 N.W.2d 625. Kovalevich applied for post-conviction re... More...   $0 (07-22-2018 - ND)

UNITED STATES OF AMERICA v. Erick Gibbs

Gibbs pleaded guilty in August 2010 to possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1), and thereafter he was sentenced to 36 months’ imprisonment and 3 years’ supervised release. Six months after Gibbs was released from prison, he was charged in state court for possession of drug paraphernalia and, upon conviction, was sentenced to 45 days’ imprisonment, suspended, ... More...   $0 (07-22-2018 - NC)

UNITED STATES OF AMERICA v. PATRICIA YVONNE DIGGS, a/k/a Patricia Yvonne Johnson, a/k/a Patricia Yvonne Holmes

A jury found Patricia Yvonne Diggs guilty of conspiring to commit bank fraud in
violation of 18 U.S.C. § 1349 (2012). Diggs and her husband, Brian Diggs, conspired to
defraud certain financial institutions through material false statements and omissions
related to vehicle purchase loans. Diggs raises two issues in this appeal, both of which
relate to the Government’s evidence... More...
   $0 (07-22-2018 - MD)

UNITED STATES OF AMERICA v. WALLACE DIXON COX; LISA COX

The U.S. government brought a civil in rem forfeiture action against the Coxes as a result of their involvement in illegal gambling and money laundering operations, seeking disgorgement of “property constituting or derived from proceeds traceable to violations of 18 U.S.C. §§ 1955 and 1956.” S.A. 6‒7.1 In December 2010, the Coxes reached a settlement agreement with the government in wh... More...   $0 (07-22-2018 - NC)

United States of America v. Muhammad Ismail and Kamran Khan District of Connecticut Federal Courthouse - New Haven, Connecticut

Hartford, CT - Connecticut Business Owners Who Profited from Unlawful Exports to Pakistan Are Sentenced

A father and son were sentenced on July 19, 2018 in Bridgeport federal court for profiting from unlawful exports to Pakistan. U.S. District Judge Stefan R. Underhill sentenced both MUHAMMAD ISMAIL, 67, of Meriden, and KAMRAN KHAN, 38, of Hamden, to 18 months imprisonment followed by th... More...
   $0 (07-22-2018 - CT)

United States of America v. John Soule District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Abington Man Pleads Guilty to Robbing Three Banks

An Abington man pleaded guilty on July 19, 2018 in federal court in Boston to robbing three Greater Boston-area banks.

John Soule, 53, pleaded guilty to three counts of bank robbery. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Oct. 19, 2018. Soule was arrested and charged in September 2017 a... More...
   $0 (07-22-2018 - MA)

United States of America v. Arthur Voutselas District of New Hampshire Federal Courthouse - Concord, New Hampshire

Concord, NH - Nashua Man Pleads Guilty to Fentanyl Trafficking

Arthur Voutselas, 27, previously of Nashua, pleaded guilty in federal court to a fentanyl trafficking charge.

According to court documents and statements made in court, on two separate occasions in January 2018, Voutselas sold small quantities of cocaine to a cooperating individual working with law enfor... More...
   $0 (07-22-2018 - NH)

Levi Huebner v. Midland Credit Management, et al. Eastern District of New York Courthouse - Brooklyn, New York

Plaintiff‐Appellant Levi Huebner (“Huebner”) is an attorney who has
litigated several cases under the Fair Debt Collection Practices Act (“FDCPA”), 15
3
U.S.C. § 1692, et seq., which, among other things, prohibits debt collectors from
using “false, deceptive, or misleading representation[s] . . . in connection with the
collection of any debt,” id. § 1692e. In October 2013... More...
   $0 (07-22-2018 - NY)

In Re: Steven Fustolo - Steven Fustolo v. The Patroit Group, LLC District of Massachusetts Federal Courthouse - Boston, Massachusetts

Following trial on The
Patriot Group, LLC's ("Patriot") adversary complaint requesting
denial of the discharge in bankruptcy of Steven Fustolo's
("Fustolo") debt, the bankruptcy court allowed Patriot's motion to
amend its pleadings and denied Fustolo's discharge pursuant to the
newly added claim. Fustolo seeks reprieve from his encumbrance,
imploring us to reverse the bankr... More...
   $0 (07-22-2018 - MA)

Jane Doe v. Brown University District of Rhode Island Federal Courthouse - Providence, Rhode Island Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

In November 2013, Jane Doe
("Doe"), then a freshman at Providence College, was sexually
assaulted by three students of Brown University ("Brown") on
Brown's campus. After Doe reported the assault to the local
authorities in the City of Providence, Brown notified Doe that it
would conduct an inquiry to determine whether the students had
violated Brown's Code of Student Condu... More...
   $0 (07-22-2018 - RI)

Kathleen Willhide-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 (07-22-2018 - CA)

UNITED STATES OF AMERICA v. EDWARD SMITH

Defendant‐Appellant Edward Smith (“Smith”) appeals from a  District Court judgment entered on October 7, 2015 by Judge Failla. A  jury convicted Smith of being a felon in possession of a firearm and  ammunition, in violation of 18 U.S.C. § 922(g)(1), and of possession of  crack  cocaine  with  intent  to  distribute,  in  violation  of  21  U.S.C.  §§ 841(a)(1),  (b)(1)(C).  At  sentencing, ... More...   $0 (07-21-2018 - )

UNITED STATES OF AMERICA v. DAVID A. FRATES

Appellant David Frates pleaded guilty to one count of federal armed bank robbery, in violation of 18 U.S.C. § 2113(a) & (d). At his sentencing hearing, the district court applied the United States Sentencing Guidelines' career offender enhancement, increasing Frates's guideline sentencing range to 188-235 months' imprisonment. The court varied downward and sentenced Frates to 132 months' ... More...   $0 (07-21-2018 - MA)

Andre Jermaine Thomas a/k/a Andre Thomas v. State of Mississippi

Andre Jermaine Thomas and Anthony Ledet went to the Sam’s Club in Gulfport,
Mississippi, at around 8:00 p.m. on February 27, 2015. The store’s surveillance video shows
that Thomas and Ledet entered the store, walked to the electronics department, loaded two
flat-screen television boxes onto a flat cart, and then pushed the cart past the cash registers
to the store’s exit. Sam’s Clu... More...
   $0 (07-21-2018 - MS)

Henry Earl Harvey a/k/a Henry E. Harvey a/k/a Henry Harvey v. State of Mississippi

On the night of January 26, 2015, Jasmine Brown, Eddie Briggs, and Shondra Gardner
were living at the Emerald Pines Apartments. After running errands, Jasmine and Shondra
returned to their apartment. Some time that evening, Harvey arrived at the apartment and all
three began drinking, smoking spice,2 and using cocaine. Dexter Washington arrived at some
point after Harvey, but Jasmi... More...
   $0 (07-21-2018 - MS)

Herman Jackson Jr. a/k/a Herman Jackson III a/k/a Main a/k/a Main Love a/k/a Herman Jackson v. State of Mississippi

In June 2013, a confidential informant (CI) told narcotics agents with the Clarksdale
Police Department that Jackson possessed a large amount of marijuana and that he was
selling it out of his home at 343-B Bolivar Street. Officers considered the CI reliable
because the informant had provided information in numerous prior cases and was
instrumental in helping to obtain prior convi... More...
   $0 (07-21-2018 - MS)

STATE OF FLORIDA v. WALTER UPSHAW

While on foot patrol in a high crime area, two Orlando police officers observed
cannabis spread on the passenger’s side dashboard of a red SUV. On closer inspection,
they could also see cannabis on the passenger’s seat and floor. About fifteen minutes
later, Upshaw entered the passenger side of the vehicle, while a woman entered the
driver’s side. Shortly thereafter, the off... More...
   $0 (07-21-2018 - FL)

HERMANE THOMANY vs STATE OF FLORIDA

First, counsel’s time for voir dire is not unlimited. We recognize that Florida Rule of Criminal Procedure 3.300(b) provides: “Counsel for both the state and defendant shall have the right to examine jurors orally on their voir dire. . . . The right of the parties to conduct an examination of each juror orally shall be preserved.” However, we have interpreted this ... More...   $0 (07-21-2018 - FL)

ROBERT IRA PEEDE vs. STATE OF FLORIDA

We have for review Robert Ira Peede’s appeal of the postconviction court’s
order denying Peede’s motion filed pursuant to Florida Rule of Criminal Procedure
3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Peede’s motion sought relief pursuant to the United States Supreme Court’s
decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and our decision on ... More...
   $0 (07-21-2018 - FL)

GALANTE ROMAR PHILLIPS vs. STATE OF FLORIDA

This case is before the Court on appeal from an order granting in part and
denying in part a motion to vacate a judgment of conviction of first-degree murder
and a sentence of death under Florida Rule of Criminal Procedure 3.851.1 We
hereby dismiss this appeal because the guilt phase issues were waived since they
were not briefed by Phillips, and the penalty phase issues were ... More...
   $0 (07-21-2018 - FL)

MILO A. ROSE vs. STATE OF FLORIDA

In 1985, this Court affirmed Rose’s conviction for first-degree murder and
his death sentence. Rose v. State (Rose I), 472 So. 2d 1155, 1156 (Fla. 1985). In
so doing, we explained the facts as follows:
At approximately 10 p.m. on October 18, 1982, several witnesses were talking together outside one of their residences. Testimony at trial revealed that they saw two men walking down... More...
   $0 (07-21-2018 - FL)

OMAR BLANCO vs. STATE OF FLORIDA

Omar Blanco, a prisoner under sentence of death, appeals the circuit court’s
orders summarily denying his fifth motion for postconviction relief, which was
filed under Florida Rules of Criminal Procedure 3.851 and 3.203. We have
jurisdiction. See art. V, § 3(b)(1), Fla. Const.
In 1982, a jury convicted Blanco of first-degree murder and armed burglary.
We affirmed Blanc... More...
   $0 (07-21-2018 - FL)

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