The United States of American charged Bobby Ray Harris, age 26, of willfully making a threat in violation of 18 U.S.C. 844 and attempting to extort bank money in violation of 18 U.S.C. 2113 as a result of threatening to bomb the high school in Miami, Oklahoma on September 11, 2012. It claimed that Harris called the school and said that a bomb had been placed in the school. As a result of the cal... More...   $0 (05-15-2013 - OK)

The United States of America charged James Paul Wright, age 23, with conspiracy to commit robbery in violation of 18 U.S.C. 1951, attempted robbery in violation of 18 U.S.C. 1951, two counts of possession of firearm in furtherance of a crime of violence in violation of 18 U.S.C. 924 and carjacking in violation of 18 U.S.C. 2119. It also sought forfeiture of firearms pursuant to 28 U.S.C. 2461 in ... More...   $0 (05-13-2013 - OK)

We affirm the trial court‟s judgment holding defendant Bruce Elieff liable for misstating his authority to bind a group of real estate businesses known as the “Joint Entitiesâ€� in the course of agreeing to buy out his former partner, plaintiff Todd Kurtin. We affirm the trial court‟s posttrial order denying Elieff‟s motion for judgment notwithstanding the verdict. And we affirm the trial ... More...   $0 (05-09-2013 - CA)

This case allows us to clarify what a criminal defendant must show in order to receive relief when the government destroys evidence before trial. We hold that while Supreme Court precedent demands that a showing of bad faith is required for dismissal, it is not required for a remedial jury

UNITED STATES V. SIVILLA 3

instruction. We therefore affirm the district court’s denial of di... More...   $0 (05-07-2013 - CA)

Paul Michael Leighton appeals the trial court’s judgment declaring that he and Elizabeth Rebeles formed a general partnership and dividing the partnership assets between them. Specifically, Leighton challenges the jury’s finding that Rebeles did not release her claim to the partnership assets at issue. Leighton further challenges the trial court’s entry of judgment notwithstanding the verdic... More...   $0 (04-30-2013 - TX)

Like other circuits, the panel adopted a two-step approach to interpretation of the Second Amendment. The first consideration is whether “the conduct at issue falls within the scope of the Second Amendment right� as shown by “historical traditions.� NRA v. ATF, 700 F.3d 185, 194 (5th Cir. 2012).

The second level of consideration is to apply a type of intermediate scrutiny based on... More...   $0 (04-30-2013 - TX)

Appellant Ralph Appolon was charged with one count of conspiring to commit wire fraud in violation of 18 U.S.C. § 371 and four counts of committing wire fraud in violation of 18 U.S.C. § 1343. These charges arose out of his connection to a mortgage fraud scheme. After a lengthy jury trial, Ralph Footnote was found guilty of all charges against him, and was sentenced to a term of imprisonment fo... More...   $0 (04-29-2013 - MA)

We originally issued our opinion affirming the trial court’s judgment on March 14, 2013. Appellant Marcus Hiles filed a motion for rehearing. We deny the motion for rehearing, vacate our earlier judgment, withdraw our previous opinion, and issue this substitute opinion in its place. The disposition of the case remains unchanged. Hiles appeals from a trial-court judgment incorporating a jury verd... More...   $0 (04-25-2013 - TX)

The United States of America charged Paul R. Gunter, age 64, with conspiracy to defraud the United States, frauds and swindles, fraud by wire, radio or television, attempted and conspiracy to commit mail raud, fraud by wire, radio or television, money laundering, postal, interstate wire, radio, etc., in interstate commerce in violation 18 U.S.C. 1341.F, 18 U.S.C. 1343.F, 18 U.S.C. 1348.F, 18 U.S.C... More...   $0 (04-19-2013 - FL)

David R. Mertz appeals the trial court’s order denying his petition to reverse the disciplinary action taken against him by the Greenwood Police Merit Commission (“the Commissionâ€�) following an evidentiary hearing. Mertz presents a single issue for review, namely, whether the Commission was authorized to hear the particular disciplinary matter against Mertz and impose discipline against him.... More...   $0 (04-12-2013 - IN)

Mark Palmquist is a Marine Corps veteran who worked as a civilian employee with the U.S. Department of Veterans Affairs from 2004 to 2010. He was convicted of fraud in connection with his own receipt of veterans benefits.

Adverting to Garrity v. New Jersey, 385 U.S. 493 (1967), Palmquist challenges his conviction on grounds that statements he made during an interview with a Veterans Admini... More...   $0 (04-12-2013 - ME)

Defendant Abasi Baker was convicted in the United States District Court for the District of Kansas on seven counts each of robbery affecting commerce, see 18 U.S.C. § 1951, use of a firearm in relation to a crime of violence, see id. § 924(c)(1)(A), and being a convicted felon in possession of a firearm. See id. § 922(g)(1). Defendant appeals his convictions, raising two arguments: (1) that use... More...   $0 (04-12-2013 - KS)

Nancie J. Cloe started working for the City of Indianapolis in April 2007. In March 2008, she was tragically diagnosed with multiple sclerosis (“MSâ€�), a chronic, incurable neurological disorder that rendered her disabled and significantly impaired her day-to-day life. On June 29, 2009, the City terminated her, ostensibly for poor performance. Cloe sued under the Americans with Disabilities Act... More...   $0 (04-09-2013 - IN)

The United States of America charged Peter DuBois, age 51, and Neal Martin Uhl, age 52, with violation of the Foreign Corrupt Practices Act of 1977, 18 U.S.C. 371, conspiracy in violation of 18 U.S.C. 371, and forfeiture under 28 U.S.C.
2461.

According to the United States Department of Justice Criminal Resource Manual, Title 18 U.S.C. 371 provides:

The general conspiracy... More...   $1 (04-05-2013 - OK)

Defendants, an individual and a corporation, appealed from a California judgment in favor of plaintiffs, but did not post a bond to stay enforcement of the judgment. Plaintiffs, after registering the judgment in New York where defendants are located, attempted to enforce the registered sister-state judgment there by serving a subpoena seeking financial information from the corporate defendant. Def... More...   $0 (04-04-2013 - CA)

The United States of America charged Homer Helter, age 68, and James Kassel, age 61, with illegally selling guns with a license and conspiring to deal firearms without a license. Helter owns and operated Homer Helter's Antique & Military Mall in Naples, Florida.

The Defendant claimed that they were selling guns from their personal collections and did so infrequently, which is legal withou... More...   $0 (03-30-2013 - FL)

Defendant James Botti was convicted of honest services
22 mail fraud after a jury trial in the District of Connecticut
23 (Charles S. Haight, Jr., Judge). See 18 U.S.C. §§ 1341 and
24 1346. In this appeal from the judgment entered on September
25 20, 2010, Botti argues that the District Court committed
26 reversible error when it used a jury instruction on honest
27 servi... More...   $0 (03-28-2013 - CT)

The United States of America charged Jimmy E. Morrisset, age 53, with wire fraud, mail fraud and money laundering in a 182 count indictment relating to a Ponzi-trye scheme that used new investor money to pay earlier investors in oil and gas ventures from late 2004 until early 20007.

Title 18 U.S.C. 1343 provides:

The elements of wire fraud under Section 1343 directly parallel tho... More...   $0 (03-28-2013 - OK)

Arden M. Intengan (Intengan) appeals from a judgment of dismissal entered after the court sustained the demurrer to her third amended complaint without leave to amend. Essentially, Intengan sought to preclude respondents from foreclosing on her property, contending they lack authority to do so under the relevant deed of trust and notice of default. In this appeal, Intengan argues that the demurrer... More...   $0 (03-22-2013 - CA)

A jury convicted defendant Michael Nevail Pearson of the first degree murders of Ruth Lorraine Talley and Barbara Garcia with personal use of a firearm and found true the multiple-murder special-circumstance allegation. (Pen. Code, §§ 187, 190.2, subd.(a)(3), former § 12022.5, subd. (a).)1 After a penalty trial, the jury returned a verdict of death. The court denied the automatic motion to modi... More...   $0 (03-21-2013 - CA)

In this case, appellant Martha A. Gregory d/b/a Workzone Technologies (“Workzone�) sued appellee Porter & Hedges, LLP (“P&H�), a law firm, for breach of fiduciary duty. Workzone alleges the breach occurred during P&H’s representation of Workzone in another piece of litigation. A unanimous jury returned a verdict in favor of P&H, and the trial court entered a take-nothing

2
<... More...   $0 (03-21-2013 - TX)

The State of New York charged Annie George with Harboring an Illegal Alien for Financial Gain with Forfeiture Allegeation in violation of 8 U.S.C. 1324 by holding an illegal alien in her mansion in virtual bondage and cheating her out of hundreds of thousands in pay for the services that she performed.

The government claimed that Annie George owes Mathai $317,000, based on the minimum wag... More...   $0 (03-09-2013 - )

Laura Guthrie sued her former employer Hercules Offshore, Inc. for breach of an “Executive Employment Agreement,â€� claiming that Hercules owed her money and had restricted her right to sell or transfer her stock and stock options. Based on motions for summary judgment from both parties, the trial court rendered judgment that Guthrie take nothing on her claim for stock option related damages and... More...   $0 (03-08-2013 - TX)

Defendant Michael Elbert Lockwood appeals from a restitution order entered after he was convicted of corporal injury to a cohabitant and possession of a firearm by a convicted felon. The trial court ordered defendant to pay $20,900.37 in restitution to reimburse the Restitution Fund for funds paid on behalf of the victim. Defendant contends that the trial court erred by not releasing to him record... More...   $0 (03-05-2013 - CA)

The State of Oklahoma charged Jack Wesley Cawood with unlawful possession of a controlled dangerous substance in violation of 63 O.S. 2-402; with acquired proceeds from drug activity under 63 O.S. 2-503; and unlawful possession of drug paraphernalia under 63 O.S. 2-40.

Title 63 O.S. 2-503 provides:


A. The following shall be subject to forfeiture:

1. All controlled dangero... More...   $0 (03-04-2013 - OK)