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Forcible Entry Law
 
Sam Autry Fletcher v. The State of Texas

On December 1, 2012, Hugo Iguirre picked up his wife Ivette from her night
job, and they then went to Ivette’s brother’s house—where they were staying the
night—arriving about 3:30 a.m. A small, white SUV sped up and parked behind
them. Ivette believed the vehicle to be a Dodge Nitro or similar model. Four or
five men jumped out carrying rifles and claiming to be police. Th... More...
   $0 (12-08-2016 - TX)

STATE OF KANSAS v. DARRON EDWARDS

In January 1992, Edwards signed a document entitled, "Defendant's Acknowledgement of Rights and Entry of Plea," in which he agreed to plead guilty to eight crimes, to-wit: two counts of aggravated kidnapping, two counts of rape, and one count each of aggravated criminal sodomy, aggravated burglary, attempted rape, and aggravated battery. The State agreed to recommend a "sentence of one life sente... More...   $0 (12-08-2016 - )

Commonwealth of Virginia v. James Travis Moore

Martinsville, VA - Jury Convicts Man of First-Degree Murder

The Commonwealth of Virginia charged James Moore with first-degree murder and use of a firearm to commit murder for killing Noel Navarro-Pena, age 33, and Alfonso Navarro-Pena, age 40, in June of 2014. Noel was found dead lying near a pickup in a parking lot near the main gate to the Smith River Sports Complex. Alfonso was found ... More...
   $0 (12-08-2016 - VA)

State of Oklahoma v. Eric William Roberts

Sapulpa, OK - Former Oklahoma Highway Patrolman Sentenced to Prision

The State of Oklahoma charged former Oklahoma highway partolman Eric William Roberts, age 44, with second-degree rape, rape by instrumentation, forcible sodomy, sexual battery and bribery, misdemeanor solicitation of a lewd act, prostitution and embezzlement.

The charges related to allegations of sexual miscondu... More...
   $0 (12-08-2016 - OK)

STATE OF KANSAS v. FREDERICK EUGENE MARSH

This case is unusual because the district court heard testimonial evidence at the sentencing hearing on the facts surrounding the 1992 burglary conviction.

On October 31, 2013, Frederick Marsh pleaded guilty to one count of unlawful possession of methamphetamine with intent to distribute. The PSI report assigned Marsh a criminal history score of "B". Marsh's criminal history consisted o... More...
   $0 (12-07-2016 - KS)

STATE OF KANSAS v. WILLIAM N. FISHBACK Sex Offender

William N. Fishback appeals the district court's decision to modify his postrelease supervision term from 24 months to lifetime following his conviction of indecent liberties with a child. Fishback first claims lifetime postrelease supervision is an illegal sentence in his case due to a conflict between K.S.A. 2015 Supp. 223717(d)(1)(G) and K.S.A. 2015 Supp. 22-3717(d)(1)(D). Second, Fishback cl... More...   $0 (12-07-2016 - KS)

STATE OF NEBRASKA V. DONTEVOUS D. LOYD

Following jury selection, trial commenced March 15, 2016, and finished the following day. The testimony of witnesses and other evidence received revealed the following. On March 31, 2015, Officers Scott Zymball, Jaime Desautels, and Nathan Buresh, all from the Omaha Police Department, responded to a dispatch received at 4:39 a.m. regarding a burglary
- 1 -
in progress at a residence on ... More...
   $0 (12-07-2016 - NE)

Oklahoma Association of Broadcasters, Inc. v. City of Norman

¶1 Section 24A.8(A) of the Open Records Act (the Act), 51 O.S.2011, § 24A.8(A)(2), required law enforcement agencies "to make available for public inspection . . . [f]acts concerning [an] arrest, including the cause of arrest and the name of the arresting officer . . . ." The questions presented to this Court are whether there was an arrest in the underlying criminal proceeding for purposes of the... More...   $0 (12-06-2016 - OK)

STATE OF SOUTH DAKOTA v. JOHN T. PENTECOST

On April 19, 2012, Pentecost hired a locksmith to rekey the home that
he previously shared with his ex-wife, L.S., during their marriage. After gaining
entrance to the house, he sent L.S. a text message informing her that he had
changed the locks and moved some of his property inside because he wanted “to get
a piece of his life back.” L.S., who was at work, called the police... More...
   $0 (12-06-2016 - SD)

State of North Dakota v. Dean Robert Karna

In 2015, a McLean County Sheriff's dispatcher received a phone call from Karna's brother stating Karna told him he had shot their father. Sheriff's deputies were familiar with the Karna family. They knew Dean Karna and his father lived in the same trailer home. Upon arriving at their residence, the deputies saw Karna outside smoking a cigarette, blocking the entry of the home. The deputies inquire... More...   $0 (12-06-2016 - SD)

STATE OF MONTANA v. JACK DEAN MAYES

Jack Dean Mayes (Mayes) has an extensive criminal record, including primarily
drug offenses and other offenses likely related to drugs. Thus, Mayes was already on
parole for a prior felony drug conviction when his parole officer arrested him, searched
his home in Butte, and found a syringe containing liquid in a jacket pocket that field
tested positive for methamphetamine. On... More...
   $0 (12-06-2016 - MT)

AMERICAN INNOTEK, INC. v. THE UNITED STATES,

Rule 59(e) requires that any motion to alter or amend judgment “must be filed no later than 28 days after the entry of the judgment.” RCFC 59(e). This 28-day deadline is strictly enforced under Rule 6(b), which provides that “[t]he court must not extend the time to act under RCFC 52(b), 59(b), (d), and (e), and 60(b).” RCFC 6(b)(2); see Spengler v. United States, 128 Fed. Cl. 338, 342 (2016) (e... More...   $0 (12-05-2016 - DC)

UNITED STATES OF AMERICA v. JABAR GILLIAM, AKA Jamal Gilliam, AKA Jabal Gilliam, AKA JB

The Defendant’s offenses concern sex trafficking of a minor known as Jasmin. She recounted at
trial the facts concerning Gilliam’s offenses. Gilliam met Jasmin in Maryland in late October or early November 2011.
She was sixteen at the time, but told Gilliam that she was seventeen. Gilliam asked Jasmin to work for him as a
prostitute after she told him she was working for another pim... More...
   $0 (12-04-2016 - )

UNITED STATES OF AMERICA, UNITED STATES DEPARTMENT OF JUSTICE, ET AL. v. PHILIP MORRIS USA INC., FORMERLY KNOWN AS PHILIP MORRIS INCORPORATED, R.J. REYNOLDS TOBACCO COMPANY

In 1999, the United States sued RJR, Brown & Williamson Tobacco Corporation, and several other cigarette manufacturers under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961–68, alleging a conspiracy to deceive the American public about the dangers of cigarettes. The history of this case is described in our many prior decisions. See, e.g., United States v. Philip Mo... More...   $0 (12-04-2016 - DC)

State of Oklahoma v. Joseph Richard Cyr

Oklahoma City, OK - Defendant Sentenced To Life In Prison For Fatal Stabbing of Woman and Fetus

The State of Oklahoma charged Joseph Richard Cyr, age 35, with two counts of first-degree murder in violation of 21 O.S. 701.1 for stabbing and killing Jaymie Adams, age 25, her unborn child.

Title 21 O.S. 701.1 provides:



A. A person commits murder in the first degre... More...
   $0 (12-02-2016 - OK)

State of Oklahoma v. Hao Trung Le

Tulsa, OK - Defendant Sentence To Life Without Parole On First-Degree Murder Charge

The State of Oklahoma charged Hao Trung Le, age 19, with first-degree murder in violation 21 O.S. 701.7 and accessory after the fact in violation of 21 O.S. 175 for his part in the shooting death of Cristal Gutierrez-Garza on April 30, 2015. Gutierrez-Garza was driving north on Houston street when she was... More...
   $0 (12-02-2016 - OK)

State of New Mexico v. William Kalinowski

Santa Fe, NM - Jury Convicts Real Estate Developer of Fraud and Embezzlement

The State of New Mexico charged Santa Fe real estate developer with fraud and embezzlement including eight second-degree felonies and one misdemeanor relating to the operation of his luxury home development and construction business Barranca Building and other businesses and development, including Las Campanas.More...
   $0 (12-02-2016 - NM)

State of Oklahoma v. Cheyenne Mason Watts

Tahlequah, OK - Defendants Sentenced to 45 Years In Prison for Murder

The State of Oklahoma charged Cheyenne Mason Watts, age 24, with first-degree murder, robbery with a weapon, first-degree murder, attempted arson, larceny of an automobile and third-degree murder for robbing and killing 88-year-old Charley Kirk.

Investigators determined that the shot that killed the victim was ... More...
   $0 (12-02-2016 - OK)

STATE OF IOWA vs. THOMAS EDWARD JENKINS SR

Thomas Jenkins appeals the sentence imposed following this court’s prior
decision that vacated his sentence and remanded the matter for resentencing.
See State v. Jenkins, No. 15-0589, 2015 WL 8367810, at *3-6 (Iowa Ct. App.
Dec. 9, 2015). He contends in this appeal the district court abused its discretion
at resentencing by not considering mitigating factors and that it “twi... More...
   $0 (12-01-2016 - IA)

STATE OF IOWA vs. LANDON MICHAEL RILEY

Landon Riley appeals from his convictions and sentences, following the
entry of an Alford plea, for two counts of willful injury causing bodily injury. Riley
maintains his trial counsel provided ineffective assistance by allowing him to
plead guilty without a factual basis and then failing to file a motion in arrest of
judgment. He also maintains the district court abused its... More...
   $0 (12-01-2016 - IA)

STATE OF IOWA vs. PHILLIP EUGENE MARAS

The State charged Maras with first-degree harassment. See Iowa Code
§ 708.7(2)(a) (2015). “A person commits harassment in the first degree when the
person commits harassment involving a threat to commit a forcible felony . . . .”
Id. The State asserted the underlying forcible felony was a “threat to commit
second-degree sex abuse on a twelve-year-old child. See id. §§ 708.... More...
   $0 (11-30-2016 - IA)

STATE OF IOWA vs. WALTER BAYLOR

Walter Baylor appeals following his guilty plea to possession of marijuana
with intent to deliver, enhanced as a habitual offender. He claims his
constitutional rights were violated when the court did not inquire and appoint new
counsel during his sentencing hearing when he “vaguely complain[ed] of a
breakdown in communication” with counsel. He further claims the court abused... More...
   $0 (11-30-2016 - IA)

STATE OF IOWA vs. BETTY ANN NALL

Nall was involved in a “Secret Shopper scam off the internet.” Nall
received money orders in the mail, cashed them, and returned most of the
money while keeping a portion for herself. Nall knew the scam was fraudulent.
FECR268329. In July 2013, Nall received a money order for $890, which
she knew was not legitimate, and she took it to a veterinarian’s clinic where she
... More...
   $0 (11-30-2016 - IA)

United States of America v. David Keith, a/k/a “David Wright,” a/k/a “David Lee Keith,” a/k/a “David Lee,” a/k/a “Lee David”

New York, NY - Bronx Man Pleads Guilty To Producing Child Pornography Relating To His Sexual Exploitation Of Minors

David Keith, a/k/a “David Wright,” a/k/a “David Lee Keith,” a/k/a “David Lee,” a/k/a “Lee David,” pled guilty this afternoon before U.S. District Judge Alison J. Nathan in Manhattan federal court to five counts stemming from his sexual exploitation of minors, related child ... More...
   $0 (11-30-2016 - NY)

AMERICAN POSTAL WORKERS UNION, AFL-CIO v. POSTAL REGULATORY COMMISSION & UNITED STATES POSTAL SERVICE

In 2006, Congress enacted the Postal Accountability and Enhancement Act (“PAEA”) to reform postal operations and mitigate the U.S. Postal Service’s financial difficulties. See Postal Accountability & Enhancement Act, Pub. L. No. 109435, 120 Stat. 3198 (2006). Congress concluded that the Postal Service maintained more facilities than economically necessary, and instructed the Postal Service to devi... More...   $0 (11-29-2016 - DC)

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