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Habeas Corpus Law
 
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)

PRESSLEY BERNARD ALSTON vs. STATE OF FLORIDA / PRESSLEY BERNARD ALSTON vs. JULIE L. JONES, etc.

We have for review Pressley Bernard Alston’s appeal of the circuit court’s
order denying Alston’s motion filed pursuant to Florida Rule of Criminal
Procedure 3.851 and Alston’s petition for a writ of habeas corpus. We have
jurisdiction. See art. V, § 3(b)(1), (9) Fla. Const. We withdraw the opinion issued
on January 22, 2018, and substitute this opinion in its place.
... 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)

STATE OF LOUISIANA Vs. REGINALD WILLIAMS Louisiana Circuit Courts of Appeal

Reginald Williams (“Williams”) and two others - Alonzo Walton and Lester
R. Allen - were charged with the March 16, 1980 first degree murder of Charles
Millet, a violation of La. R.S. 14:30. Williams was a minor on the date of the
murder. On August 28, 1980, a jury found Williams guilty as charged. He was
sentenced to life imprisonment without benefit of parole, probation, o... More...
   $0 (05-18-2018 - LA)

Cameron William Barela v. The State of Texas

In October 2014, Barela, a licensed peace officer in the State of Texas, went
to Z Auto Place in Katy to purchase a car for $15,000. Jorge Ibarra was the sales
manager of Z Auto Place that worked with Barela. At the time Barela attempted to
buy the car, Ibarra understood that Barela worked for the City of Onalaska Police
Department as well as worked other part-time jobs, to whi... More...
   $0 (05-17-2018 - TX)

Rodney Sanchez Lopez v. The State of Texas Texas Eighth District Court of Appeals

Lopez was charged with possession with intent to deliver heroin (four grams or more, but
less than 200 grams).1 A jury found him guilty and Lopez was sentenced to fifteen years’
imprisonment. Lopez appeals his conviction based on the trial court’s denial of his (1) motion for
continuance of the trial, and (2) motion to suppress.
The Stop
On July 19, 2013, Trooper John Da... More...
   $0 (05-17-2018 - TX)

Edward Tobey v. Brenda Chibucos and Mary Stanton Northern District of Illinois Courthouse - Chicago, Illinois

One man’s extradition is another
man’s “kidnapping.” Edward Tobey, the plaintiff here, has
three state-court convictions (one in Illinois and two in Florida)
for possession of child pornography. Tobey also has a penchant
for resisting the conditions of probation placed upon him
2 Nos. 16-3927 & 16-4037
by courts and by his probation officer. In 2013, his tussles with
th... More...
   $0 (05-17-2018 - IL)

Ex parte John Phillip Devine III

John Phillip Devine III filed this interlocutory appeal challenging the district court’s
order denying a combination motion to quash his indictment and pretrial application for writ of
habeas corpus. In the underlying prosecution, Appellant is charged with five felony offenses: three
counts of sexual assault of a child, one count of indecency with a child by contact, and one count of<... More...
   $0 (05-16-2018 - TX)

Samson Moses Billiot aka Samson M Billiot v. The State of Texas

Appellant Samson Moses Billiot appeals from his conviction for arson of a
habitation and forty-year sentence. See Tex. Penal Code Ann. § 28.02(a)(2),
(d)(2) (West 2011). Billiot argues that the trial court erred by denying him the
right to represent himself and that the evidence was insufficient to show he
started the fire by igniting a flammable or combustible liquid. Becau... More...
   $0 (05-15-2018 - TX)

Brian Thomas Spinks v. The State of Texas

Brazoria County Sheriff’s Department (“BCSD”) Deputy B. Harper, the
complainant, testified that while he was on patrol on April 9, 2016, he was
dispatched to investigate a “suspicious person” walking around a construction site
adjacent to the volunteer fire department and the surrounding neighborhood on
Demi-John Island in Brazoria County, Texas. When Harper arrived at the sce... More...
   $0 (05-15-2018 - TX)

United States of America v. Fred Aaron Corona Southern District of Texas Federal Courthouse - Corpus Christi, Texas

Corpus Christi, TX - Another Local Man Sent to Prison for Firearms Violation

A 25-year-old Corpus Christi man has been ordered to federal prison following his conviction of being a felon in possession of a firearm.

Senior U.S. District Judge John D. Rainey sentenced Corona to 37 months imprisonment to be immediately followed by 2 years of supervised release.

In February... More...
   $0 (05-15-2018 - TX)

United States of America v. Cody Anthony Hernandez Southern District of Texas Federal Courthouse - Corpus Christi, Texas

Corpus Christi, TX - Local Man Gets More Than Eight Years for Illegally Possessing Firearm

A 27-year-old Corpus Christi man has been ordered to federal prison following his conviction of being a felon in possession of a firearm. Cody Anthony Hernandez pleaded guilty Feb. 20, 2018.

Senior U.S. District Judge John D. Rainey sentenced Hernandez to 102 months imprisonment to be follo... More...
   $0 (05-14-2018 - TX)

State of Ohio v. Michael J. Gates

On December 29, 2016, appellant was indicted on one count of rape in
violation of R.C. 2907.02(A)(1)(b), a felony of the first degree. The indictment stemmed
from an incident that occurred in September 2016, in which appellant engaged in fellatio
and masturbation with a juvenile who was two years old at the time. Appellant had
previously confessed to committing these acts dur... More...
   $0 (05-14-2018 - OH)

David Grantham v. The State of Texas Tenth Court-Appeals

David Grantham appeals from a conviction for the offense of engaging in
organized criminal activity, for which he was sentenced to twenty-seven (27) years in
prison after pleading true to two enhancements. TEX. PENAL CODE ANN. §§ 71.02, 12.42(d)
(West 2011). Grantham complains that his plea was not voluntary because he was not
properly admonished on the appropriate range of p... More...
   $0 (05-11-2018 - TX)

Daniel Davila Martinez v. The State of Texas Daniel Davila Martinez - Registered Sex Offender

In his first three issues, Martinez contends that the trial court abused its discretion
by admitting the testimony of former Child Protective Services investigator Valerie Perez,
Martinez v. State Page 2

Child Safe forensic interviewer Andrea Aguirre, and child-abuse pediatrician Jennifer
Clarke, M.D., as outcry witnesses. With regard to these witnesses, Martinez argues ... More...
   $0 (05-11-2018 - TX)

Christopher Ryan Wall v. The State of Texas

Rita Deysarkar was critically injured on February 6, 2015 in a collision involving appellant.
Appellant was travelling at a speed of more than 110 mph in a 40 mph speed zone when he hit
Deysarkar’s vehicle near the driver’s side door as she was driving through an intersection. Four
hours after the crash, appellant’s blood-alcohol content was .11.
Several witnesses testified a... More...
   $0 (05-10-2018 - TX)

Gerald Washington v. The State of Texas Fourth Court of Appeals San Antonio, Texas

Washington was indicted for continuous violence against the family. Before trial,
Washington signed a jury waiver. Although the form provided a space to be completed with
Washington’s plea, the space was not completed.
After the trial court called the case for trial, defense counsel requested an opportunity to
make a record in the trial judge’s absence. After the trial jud... More...
   $0 (05-10-2018 - TX)

Christopher James Fielder v. The State of Texas

A jury found Fielder guilty of one count of aggravated sexual assault, two
counts of assault of a family or household member by impeding breath or circulation,
and one count of assault of a family or household member with a previous
conviction. The trial court imposed separate sentences in open court and signed
separate judgments of conviction on each of these four counts on D... More...
   $0 (05-10-2018 - TX)

State of Oklahoma v. Michael John Bever Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - The State of Oklahoma charged Michael John Bever with:


Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 07/22/2015
Party Name Disposition Information
BEVER, ROBERT DAVIS Disposed: CONVICTION, 09/07/2016. Guilty Plea
Count as Disposed: MURDER - FIRST DEGREE(HM11)
Violation of 21 O.S. 701.7
... More...
   $0 (05-10-2018 - OK)

State of Tennessee v. Andrew Young Johnson Tennessee Court of Criminal Appeals

In 1998, a Sullivan County Criminal Court jury convicted the petitioner of one count of attempted first degree murder and one count of felony reckless endangerment. This court affirmed the convictions and accompanying 25-year sentence on direct appeal. State v. Andrew Young Johnson, No. E1999-00002-CCA-R3-CD, (Tenn. Crim. App., Knoxville, Apr. 18, 2000). The crimes in this case came on the tail... More...   $0 (05-09-2018 - TN)

State of Tennessee v. Joshua Thidor Cross

This case relates to the Defendant’s December 1, 2016 guilty plea to two counts of theft of property valued at more than $500 but less than $1000. See id. §§ 39-14-103; 39-14-105. The two counts merged into a single count of theft by operation of law.

Pursuant to the plea agreement, the trial court determined the length of the Defendant’s sentence at a sentencing hearing.
Guilty ... More...
   $0 (05-09-2018 - TN)

State of Tennessee v. Paul Flannigan Tennessee Court of Criminal Appeals

A Shelby County Criminal Court jury convicted the defendant of one count of attempted first degree murder, two counts of especially aggravated robbery, three counts of aggravated rape, and one count of aggravated burglary for his home invasion, robbery, and rape of the victims. State v. Paul Flannigan, No. W2001-00907-CCA-R3CD (Tenn. Crim. App., Jackson, Feb. 15, 2002), perm. app. denied (Tenn. S... More...   $0 (05-09-2018 - TN)

Jamie Lee Bledsoe v. The State of Texas MoreLaw Suites Legal Suites and Virtual Offices In Downtown Tulsa 406 South Boulder and 624 South Denver 918-582-3993 or Info@morelaw.com

After a jury found Jamie Lee Bledsoe guilty of burglary of a building and made findings
that he had two prior felony convictions, thus enhancing his range of punishment, the trial court
sentenced him to twenty years’ imprisonment. Bledsoe appeals, claiming improper sentence
enhancement based on insufficient notice and insufficient evidence and also claiming fundamental
error b... More...
   $0 (05-08-2018 - TX)

TIMOTHY LEE FLOYD v. STATE OF KANSAS Floyd Pled Guilty to 26 Counts of Exploitation of a Child

Floyd agreed to plead guilty to 26 counts of exploitation of a child in exchange for the State dismissing two counts of rape of a child under the age of 14, two counts of aggravated indecent liberties with a child under the age of 14, and one count of possession of marijuana. As part of this plea, Floyd explicitly waived the right to a direct appeal and the right to collaterally attack his convict... More...   $0 (05-08-2018 - KS)

JERRY SELLERS v. STATE OF KANSAS

A jury convicted Jerry Sellers of 38 counts of sexual exploitation of a child for possession of child pornography. The district court then sentenced him to life in prison without the possibility of parole. The facts underlying Sellers' convictions are more fully described in our court's opinion affirming his convictions. State v. Sellers, No. 107,203, 2013 WL 4404175, at *1-2 (Kan. App. 2013) (unp... More...   $0 (05-07-2018 - KS)

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