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Fourth Amendment Law
 
STATE OF MONTANA v. ADAM HATFIELD

On the evening of November 28, 2008, Matt Hatfield (Matt) dropped off a friend
after a day of hunting. Laterthat night, hespoke with his ex-wifeon the phone. There are
no credible accounts of anyone seeing or speaking with Mattafter that day.
¶4 Although it was not unusual for Matt to be out of contact for a few days, his absence
stretched into weeks, and friends and family m... More...
   $0 (09-18-2018 - MT)

The People of the State of Colorado v. Curtis A. Brooks

This case presents the question of whether Colorado’s recently enacted
sentencing scheme for juvenile offenders who received unconstitutional mandatory
sentences to life in prison without the possibility of parole (“LWOP”) violates the
Special Legislation Clause of the Colorado Constitution. We conclude that it does not.
¶2 Based on acts that Brooks committed when he was fifte... More...
   $0 (09-18-2018 - CO)

The People of the State of Colorado v. Daniel S. Gutierrez MoreLaw Performance Marketing If It Does Not Work, It Is Free!

Jairo Perez was shot and killed in his garage.1 A friend of the decedent stated
that he saw who committed the murder and that the murderer had fled. That witness
later positively identified the defendant, Daniel Gutierrez, as the murderer in a police
photo array.
¶3 Minutes after the murder of Perez, a man attempted to force his way into a
residence located just a bloc... More...
   $0 (09-18-2018 - CO)

STATE OF KANSAS v. ADAN ISRAEL RIVERA,

Adan Rivera pled guilty in two separate Reno County cases—Case No. 14-CR279 and Case No. 15-CR-344. In the first case, he pled guilty to possession of synthetic marijuana. In the second case, he pled guilty to two counts of possession of marijuana and one count of driving while suspended. Although Rivera fell within a presumptive imprisonment range, the district court granted him a durational depa... More...   $0 (09-18-2018 - KS)

United States of America v. Pablo Duran Ramirez Northern District of Ohio Courthouse - Cleveland, Ohio Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Cleveland, OH - Defendant Pleads Guilty in Connection with Ohio Labor Trafficking Scheme Involving Immigrant Minors

Pablo Duran Ramirez, 50, pleaded guilty on September 17, 2018 in U.S. District Court in Cleveland, Ohio, to encouraging the illegal entry of Guatemalan nationals, including unaccompanied minors, into the United States for financial gain, announced Acting Assistant Attorney ... More...
   $0 (09-18-2018 - OH)

Nicholas Sampson v. Investigator William Lambert District of Nebraska Federal Courthouse - Omaha, Nebraska

St. Paul Fire and Marine Insurance Co. (“St. Paul Insurance”) appeals the
district court’s grant of summary judgment to Matthew Livers and Nicholas Sampson.
Chief Judge Smith and Judge Colloton file this * opinion pursuant to 8th Cir.
Rule 47E.
-4-
The court concluded that St. Paul Insurance had a duty under its coverage policy to
indemnify David Kofoed for intentional acts... More...
   $0 (09-18-2018 - NE)

Joe R. Whatley v. Canadian Pacific Railway Company District of North Dakota Federal Courthouse - Bismarck, North Dakota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Joe Whatley, Trustee of the wrongful death claimants' trust (WD Trust),appeals the district court's order finding that his claim under the CarmackAmendment, 49 U.S.C. § 11706, against Canadian Pacific Railway was untimely. Wereverse and remand for further proceedings.
I.BACKGROUND
On June 29, 2013, a train carrying crude oil left New Town, North Dakota,destined for an oil refinery near Sai... More...
   $0 (09-18-2018 - ND)

Lisa Fleming v. Mark Vargos, Honorable Craig Pfeifle, Lynne A. Valenti District Court Dakota Federal Courthouse - Rapid City, South Dakota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Oglala Sioux Tribe, the Rosebud Sioux Tribe, and tribal members Madonna
Pappan and Lisa Young brought this action against various South Dakota officials
under 42 U.S.C. § 1983. They challenged procedures used in proceedings brought by
the State to remove children temporarily from their homes in exigent circumstances.
The plaintiffs alleged that the defendants were engaged in on... More...
   $0 (09-18-2018 - SD)

STATE OF KANSAS v. MARTIN R. PATRICK MoreLaw Performance Marketing If It Does Not Work, It Is Free!

Martin Patrick appeals his conviction of driving under the influence of alcohol to a degree that rendered him incapable of safely operating a vehicle. The events leading to his conviction took place at about 10:30 on the evening of May 25, 2013, when Officer Jason Colobong of the Tonganoxie Police Department observed Patrick's pickup truck straddling the centerline of the road. Patrick and his gi... More...   $0 (09-17-2018 - KS)

STATE OF KANSAS v. OSIE PATRICK MoreLaw Receptionist Services Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

On July 18, 2015, Saquisha Clark was with her friends Deirdre Dickerson, Artisha Dickerson, and Jodecie Jones. After leaving a bar, the four women were invited to a nearby establishment, the Hell's Lover's Motorcycle Club. Other than Deirdre, who was pregnant, the women had been drinking alcoholic beverages.

After staying a brief time inside the club, the women decided to leave and retu... More...
   $0 (09-17-2018 - KS)

JAMES WILLIAM BRAINE vs STATE OF FLORIDA

Mr. Braine asked the trial court to withhold adjudication for his third-degree felony offense. Section 775.08435(1)(c)(1) and (2)1, limits the trial court's ability to withhold adjudication for a third-degree felony "if the defendant has a prior withhold[] of adjudication"; the state attorney must make a written request, or the trial court must provide written findings of mitigating factors. § 7... More...   $0 (09-17-2018 - FL)

Thomas Gerald Duke vs State of Florida

On November 6, 2017, Duke reported that his vehicle had been burglarized. Duke claimed that several USB drives were stolen in the burglary, along with cash, laptop computers, and other items. However, the police report of the burglary did not list the USB drives amongst the stolen property. A few days later, Mario Hampton was arrested on unrelated charges. After his arrest, Hampton consented... More...   $0 (09-17-2018 - FL)

State of Tennessee v. Kaylecia Woodard

On June 16, 2014, the defendant, Anthony Smith, and Timeya Harris robbed the Grocery and Tobacco Market in Knoxville, Tennessee. The defendant was the getaway driver while Mr. Smith entered the store and Ms. Harris acted as the look-out. In 2015, a 09/13/2018 -2 Knox County jury convicted the defendant of two counts of aggravated robbery. The criminal gang enhancement statute was used to incr... More...   $0 (09-17-2018 - TN)

State of Tennessee v. Jamal P. Hicks

Defendant was indicted by the Montgomery County Grand Jury in February of 2016 for one count of violating the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004 (“the Act”) by “[f]alsification of a TBI registration form” as stated in Tennessee Code Annotated section 40-39-208(a)(2); one count of violating the Act by “[f]ailure to timely disclo... More...   $0 (09-17-2018 - TN)

State of Tennessee v. Maurice Gray MoreLaw Suites - The Best Place In Tulsa To Practice Law MoreLaw Suites - Legal Suites and Virtual Offices The Best Places In Downtown Tulsa To Practice Law 406 South Boulder and 625 South Denver - 582-3993

On February 12, 2015, the Shelby County Grand Jury indicted Defendant on charges of aggravated robbery, aggravated burglary, employing a firearm during the commission of a dangerous felony, convicted felon in possession of a firearm, convicted felon in possession of a handgun, and evading arrest. Jury trial Marcus Merriweather, the victim, testified that he had been previously convicted of posse... More...   $0 (09-17-2018 - TN)

Shonda Martin v. Milwaukee County Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Milwaukee County (“County”) hired Xavier Thicklen in late 2012 to work as a corrections officer in its jail. County has a zero-tolerance policy forbidding corrections officers from having any sexual
contact with inmates. County repeatedly instructed Thicklen not to engage in any such contact and trained him to avoid it. Thicklen gave answers to quizzes indicating he understood the training. Bu... More...
   $0 (09-17-2018 - WI)

Kashiya Nwanguma v. Donald J. Trump Western District of Kentucky Federal Courthouse - Louisville, Kentucky

Plaintiffs participated in a Trump for President campaign rally in Louisville in March 2016 . . . with the purpose of protesting. Perceived to be disruptive, they were unceremoniously ushered out after then-candidate Donald J. Trump said, “Get ’em out of here.” Plaintiffs were pushed and shoved by members of the audience as they made their exit and now seek damages from Trump alleging his actions ... More...   $0 (09-17-2018 - kY)

Joe Ribakoff v. City of Long Beach

Joe Ribakoff, a frequent attendee at meetings of the Long
Beach Transit Company Board of Directors, filled out a public
speaker’s card and spoke on agenda item 10 at the board’s
August 24, 2015 meeting for the three minutes allowed each
public speaker on an agenda item. When he rose to speak a
second time on the same agenda item, it was during the board’s
deliberation and v... More...
   $0 (09-16-2018 - CA)

COMMONWEALTH vs. DEMETRIUS D., a juvenile. MoreLaw Suites - The Best Place In Tulsa To Practice Law

The juvenile was convicted, as a youthful offender (G. L. c. 119, § 54), on two indictments for aggravated rape of a child with force (G. L. c. 265, § 22B [a]), and one indictment each for kidnapping (G. L. c. 265, § 26), indecent assault and battery on a child under fourteen (G. L. c. 265, § 13B), intimidation of a witness (G. L. c. 268, § 13B), and assault and battery by means of a dangero... More...   $0 (09-16-2018 - MA)

COMMONWEALTH vs. MAKSIM LUTSKOV MoreLaw Suites - The Best Place In Tulsa To Practice Law

The defendant, Maksim Lustkov, was sixteen years old in October, 1999, when he committed an armed home invasion during which he shot one occupant three times in front of the occupant's teenage daughter. A Juvenile Court jury adjudicated the defendant a youthful offender on indictments charging armed home invasion and various related offenses, and he was sentenced to a mandatory minimum State pri... More...   $0 (09-16-2018 - MA)

COMMONWEALTH vs. FERNANDO PEREZ MoreLaw Suites - The Best Place In Tulsa To Practice Law

In Commonwealth v. Perez, 477 Mass. 677, 688 (2017) (Perez I), we determined that the juvenile defendant, 2 Fernando Perez, received a sentence for his nonhomicide offenses that was presumptively disproportionate under art. 26 of the Massachusetts Declaration of Rights in that the time he would serve prior to parole eligibility exceeded that applicable to a juvenile convicted of murder. We th... More...   $0 (09-16-2018 - MA)

COMMONWEALTH vs. JOSHUA ROSADO MoreLaw Suites - The Best Place In Tulsa To Practice Law

The issue on appeal concerns the scope of the doctrine of forfeiture by wrongdoing. In Commonwealth v. Edwards, 444 Mass. 526, 540 (2005), we held that a defendant forfeits the right to object to the admission in evidence of an unavailable witness's out-of-court statements on both confrontation and hearsay grounds if the Commonwealth proves by 2 a preponderance of the evidence that "(1) the ... More...   $0 (09-16-2018 - MA)

STATE OF OHIO vs. Luis A. Morales, Jr

On April 27, 2016, Detective Lowell Smittle of the Columbus Division of Police applied for a search warrant requesting a search be authorized at 643 Belvidere Avenue "and the curtilage" thereof in Columbus, Ohio. (Aff. in Support of Warrant to No. 17AP-807 2 Search at 2; Search Warrant at 1.) The affidavit in support of the warrant to search provided by Smittle states: In January 2016, D... More...   $0 (09-16-2018 - OH)

STATE OF OHIO vs. CHARLES BROWN

Two Cleveland police officers initiated a traffic stop on a vehicle matching the description of one involved in armed robberies. When the vehicle stopped, Brown jumped out of the passenger side in a shooting stance with a handgun aimed in the direction of the officers’ patrol car. The officers both took cover, expecting shots to be fired. One of the officers immediately heard and saw Brown ... More...   $0 (09-16-2018 - OH)

STATE OF OHIO vs. JASON E. WHITE

Defendant-appellant Jason E. White admitted to killing his wife by shooting her in the head. After being indicted on counts of aggravated murder and felonious assault, White elected to be tried by the court solely on the issue of whether he acted with prior calculation and design. The state showed that White believed that his wife was unfaithful to him and it relied on White’s confession to ... More...   $0 (09-16-2018 - OH)

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