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Fourth Amendment Law
 
Gloria Bustillos v. El Paso County Hospital District, et al. Western District of Texas Federal Courthouse - El Paso, Texas

This case stems from a series of increasingly intrusive body searches performed by state medical staff during a border stop in El Paso, Texas. The district court dismissed Appellant’s claims based on qualified immunity, failure to allege a valid claim for county liability under § 1983, and failure to meet Texas state tort standards. We affirm.
BACKGROUND
I. The Search and Seizure
Appel... More...
   $0 (05-25-2018 - TX)

Damian Stinnie v. Richard D. Holcomb Western District of Virginia Federal Courthouse - Roanoke, Virginia

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. Plaintiffs Damian Stinnie, Demetrice Moore, Robert Taylor, and Neil Russo owe court debts and, because of their inability to pay, have had their licenses suspended. They all... More...   $0 (05-24-2018 - VA)

Diane Rodriguez and David Rodriguez, etc. vs Ernst Nicolitz, M.D. and Lenka Champion, M.D.

On April 23, 2013, Mrs. Rodriguez underwent a blepharoplasty on her upper and lower eyelids, a procedure to repair droopy eyelids and to remove excess tissue around the eyes. The surgery was performed by Ernst Nicolitz, M.D., an ophthalmologist. Following the surgery, Mrs. Rodriguez developed an infection in her left eye. Three post-operative examinations of Mrs. Rodriguez were performed by Dr.... More...   $0 (05-23-2018 - FL)

Rena C. v. Colonial School District Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case arises out of a dispute under the Individuals with Disabilities Education Act (“IDEA”). Under the IDEA, when parents and school districts dispute a child’s educational placement, a parent may file an administrative due process complaint that can lead to an administrative hearing. At least ten days before the dispute reaches a hearing, the school district can extend a settlement offer to ... More...   $0 (05-23-2018 - PA)

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)

U’DREKA ANDREWS vs. STATE OF FLORIDA

U’dreka Kynshere Andrews was convicted of first-degree murder, burglary,
and robbery and was sentenced to life without the possibility of parole for the first
degree murder conviction. Andrews was 17 years old at the time she committed
the offenses. Subsequently, the United States Supreme Court held in Miller v.
Alabama, 567 U.S. 460, 479 (2012), “that the Eighth Amendment for... More...
   $0 (05-22-2018 - FL)

STATE OF FLORIDA vs. JASON DIRK WALTON / JASON DIRK WALTON vs. JULIE L. JONES, etc.

Walton was convicted and sentenced to death for the execution-style
murders of three individuals that occurred during the commission of a robbery and
burglary. Walton v. Dugger (Walton IV), 634 So. 2d 1059, 1060 (Fla. 1993).
On direct appeal, this Court affirmed the convictions but vacated the death sentences because the trial court failed to afford Walton an opportunity to confr... More...
   $0 (05-22-2018 - FL)

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)

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)

State of Tennessee v. Ashley N. Menke Tennessee Court of Criminal Appeals

The Sumner County Grand Jury issued a nine-count indictment in Case No. 925CR-2015 charging Ashley N. Menke, the Defendant, with two counts of Class A misdemeanor theft of property (Counts 1 and 2), one count of Class E felony forgery of a check (Count 3), one count of Class C felony theft of property (Count 4), one count of Class E felony forgery of a document (Count 5), one count of Class E felo... More...   $0 (05-22-2018 - TN)

Frederick Wendell Thomas v. State of Tennessee

The Shelby County Grand Jury charged the petitioner with one count each of first degree premeditated murder and employing a firearm during the commission of a dangerous felony. Following a jury trial, the petitioner was convicted as charged of first degree murder. The trial court imposed a sentence of life imprisonment and dismissed the firearm charge. This court affirmed the conviction and sen... 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)

William Boatwright v. State of Tennessee COURT OF CRIMINAL APPEALS OF TENNESSEE

This case arises from the Petitioner’s participation in a home invasion of an apartment in which numerous people were present. See State v. William Ray Boatwright, No. E2012-00688-CCA-R3-CD, 2013 WL 775787 (Tenn. Crim. App. Feb. 28, 2013), perm. app. denied (Tenn. June 12, 2013). After the trial, the trial court merged the aggravated assault convictions with the especially aggravated robbery co... More...   $0 (05-22-2018 - TN)

Derrick Bryant v. Kenneth Egan, Officer, Johns Slezak, Officer District of Connecticut Federal Courthouse - New Haven, Connecticut

On April 2, 2013, Derrick Bryant brought suit against, inter alia, Officers
Kenneth Egan and John Slezak of the Meriden Police Department, alleging that
they had used excessive force against him in violation of the Fourth Amendment.
After a trial was held and the jury returned a verdict in favor of the officers, Bryant
moved for a new trial under Federal Rule of Civil Procedure 59.... More...
   $0 (05-21-2018 - CT)

STATE OF OHIO - vs - JUSTIN HAWKINS

At approximately 3:00 a.m. on May 20, 2016, Patrolman Jeffery Heinz, a 14
year veteran police officer with the city of Washington Court House, was finishing up a traffic
stop on Draper Street when a black GMC SUV driven by appellant passed his patrol car.
Heinz's onboard license plate reader captured the license plate of the vehicle, and Heinz ran
the license plate number thro... More...
   $0 (05-21-2018 - OH)

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 v. Tyrik M. McDonald-Glasco

By indictment filed October 13, 2016, plaintiff-appellee, State of Ohio, charged McDonald-Glasco with one count of murder in violation of R.C. 2903.02, an unspecified felony; one count of felony murder in violation of R.C. 2903.02, an unspecified felony; and one count of intimidation of a witness in a criminal case in violation of R.C. 2921.04, a third-degree felony. Both murder charges carried a... More...   $0 (05-21-2018 - OH)

State of Ohio v. Shaniece M. Cox

On January 16, 2015, a Franklin County Grand Jury charged Cox and a codefendant, Kareem Jones, with possession of heroin and tampering with evidence. (Jan. 16, 2015 Indictment.) The indictment included a one-year firearm specification for the possession charge. Id. {¶ 3} The defense filed motions to suppress on December 1, 2015 and May 19, 2017 seeking exclusion of statements made by Cox to pol... More...   $0 (05-21-2018 - OH)

STATE OF OHIO v. CHARLES D. COLEMAN

In May of 2016, R.M. wanted to trade food stamps for heroin, so a female
acquaintance connected him to an individual who was willing to facilitate an exchange. Mr.
Coleman and two others (“Terrance” and “Anthony”) arrived at R.M.’s residence and forced him
go with them to a nearby Save-a-Lot store while they used his food stamp card. The men all
traveled to the store together... 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. THIOTIS GREENE Ohio Court of Appeals

Following a traffic stop on January 8, 2016, appellant was arrested for driving
without a driver’s license. During an inventory search of the vehicle, officers recovered
marijuana and a substance they suspected to be crack cocaine.
{¶3} Appellant made an initial appearance via video conference on January 12, 2016.
The trial court declared appellant to be indigent and assigned... 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)

STATE OF OHIO vs. KAREEM WALTON

The instant matter arose from a July 9, 2016 incident during which appellant crashed
his vehicle into a tree in the Glenville neighborhood on Cleveland’s east side. Five victims
were injured during the crash, and three of the five victims died from the injuries they sustained.
{¶3} On July 26, 2016, in Cuyahoga C.P. No. CR-16-607989-A, appellant was indicted
with three count... More...
   $0 (05-21-2018 - OH)

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