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Habeas Corpus Law
 
Ex parte Carlos Huerta MoreLaw Performance Marketing If It Does Not Work, It Is Free!

On November 28, 2017, Huerta was arrested for an alleged Class C misdemeanor
theft offense and detained in the Lubbock County jail. Bail was not posted. On November
29, the United States Immigration and Customs Enforcement (ICE) lodged an immigration
detainer, against Huerta.1 A Department of Homeland Security administrative “warrant
for arrest of alien” also was signed. More...
   $0 (07-24-2018 - TX)

Fabian Pancho Tankesly v. The State of Texas MoreLaw Receptionist Services Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

Pursuant to a plea bargain, Appellant, Fabian Pancho Tankesly, was convicted of
theft of service,1 alleged to have been committed on or about June 6, 2014, in an amount
greater than $1,500 but less than $20,000, a state jail felony.2 Appellant’s range of
punishment was enhanced to that of a third degree felony by two prior state jail felony
convictions3 and he was sentenced to... More...
   $0 (07-24-2018 - TX)

Mark Kutch v. The State of Texas MoreLaw Suites - The Best Place In Tulsa To Practice Law

Officer Gary Jones was off-duty and riding with his wife and children in Johnson County
when Kutch’s truck approached on a cross street and nearly ran the stop sign. Jones’s wife swerved
their vehicle, and Jones noticed that Kutch had a blank stare on his face and appeared intoxicated.
The Joneses continued driving and stopped at a red light. Kutch’s truck hit their van in the ba... More...
   $0 (07-24-2018 - TX)

Ex Parte Noah Espada

This appeal addresses the trial court’s denial of Espada’s application for pre-trial writ of
habeas corpus. During the habeas proceeding, Espada alleged the trial court’s grant of a new
punishment hearing on his capital murder conviction was barred by double jeopardy.

Because the facts developed in the guilt-innocence and original punishment phase provide
necessary ba... More...
   $0 (07-23-2018 - TX)

Ex parte Jose Luis Nassar Rodriguez Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

According to his application, appellant pleaded guilty to burglary of a building
on March 15, 2017, and the trial court sentenced him to community supervision.2
On November 13, 2017, appellant filed an application for writ of habeas corpus
challenging the voluntariness of his guilty plea based on allegedly ineffective
assistance of counsel. Appellant argued that his trial att... More...
   $0 (07-23-2018 - TX)

Billy Gaston Young v. The State of Texas

When a Cricket Wireless employee began transferring files on Jamaul
Langham’s phone, she saw images of the apparent sexual assault of a minor by an
adult male. Jamaul allowed the employee to copy the images onto a USB drive and
call the police, but he kept the cell phone. After Sergeant Jones was assigned the
case, she viewed the files on the USB drive, which showed an adult ma... More...
   $0 (07-22-2018 - TX)

BRIAN C. BAILEY v. STATE OF KANSAS

The sentences in Wyandotte County cases 87CR1856 and 88CR586 were ordered to run concurrent with each other but consecutive to the sentence in Wyandotte County case 81CR13. The sentences in Counts I and II in Wyandotte County case 88CR586 were ordered to run concurrent with each other.

The sentences in Johnson County case K53262 were ordered to run consecutive to the Wyandotte County c... More...
   $0 (07-22-2018 - KS)

MILO A. ROSE vs. STATE OF FLORIDA

In 1985, this Court affirmed Rose’s conviction for first-degree murder and
his death sentence. Rose v. State (Rose I), 472 So. 2d 1155, 1156 (Fla. 1985). In
so doing, we explained the facts as follows:
At approximately 10 p.m. on October 18, 1982, several witnesses were talking together outside one of their residences. Testimony at trial revealed that they saw two men walking down... More...
   $0 (07-21-2018 - FL)

OMAR BLANCO vs. STATE OF FLORIDA

Omar Blanco, a prisoner under sentence of death, appeals the circuit court’s
orders summarily denying his fifth motion for postconviction relief, which was
filed under Florida Rules of Criminal Procedure 3.851 and 3.203. We have
jurisdiction. See art. V, § 3(b)(1), Fla. Const.
In 1982, a jury convicted Blanco of first-degree murder and armed burglary.
We affirmed Blanc... More...
   $0 (07-21-2018 - FL)

Steven Skinner v. State of Tennessee

In 1999, Petitioner was involved in the murder of two victims. State v. Steve Skinner (Skinner I), No. W2003-00887-CCA-R3-CD, 2005 WL 468322 at *1 (Tenn. Crim. App. Feb. 28, 2005), perm. app. denied (Tenn. June 27, 2005). During the course of the trial, the jury found that Petitioner, along with Marcus Boyd, Calvin Wardlow, Calvin Boyd, and Michael Brown, conspired to murder the victimsafter theyl... More...   $0 (07-21-2018 - TN)

STATE OF OHIO -vs- WALTER RENZ

In the summer of 2015, appellant and his girlfriend, Linda Buckner, were the
next-door neighbors of Patsy Hudson, who lived alone at 284 Spring Street in Mansfield,
Ohio. Hudson, then in her early sixties and on disability, was known to rescue and take
care of a large number of cats in or around her house. Her adult son, Lonnie Clevenger,
drove trucks for a living, but he peri... More...
   $0 (07-20-2018 - OH)

Paul Lee Navarro v. The State of Texas

By his first, second, and third issues, appellant contends that the evidence is insufficient to support his convictions of burglary of a habitation, unlawful possession of a firearm by a felon, and theft of a firearm. A. Standard of Review To determine whether the evidence is sufficient, we consider all the evidence in the light most favorable to the verdict and determine whether a rational fact f... More...   $0 (07-17-2018 - TX)

Ex parte Jesse Andrew Lopez

After appellant’s arrest on March 4, 2017, a Fort Bend County Grand Jury
issued a true bill of indictment, accusing appellant of committing the felony offenses
of aggravated sexual assault1 and burglary of a habitation.2 The trial court set
appellant’s bond at $50,000.00. On June 20, 2017, appellant filed an application for
a writ of habeas corpus, asserting that his confinem... More...
   $0 (07-16-2018 - TX)

LARNELL DYKES v. MARTIN SAUERS

Dykes was sentenced in August 1991 for aggravated kidnapping, aggravated robbery, rape, and aggravated burglary in Sedgwick County case No. 90CR2155. Dykes was sentenced in March 1993 for aggravated escape from custody in Leavenworth County case No. 91CR514. Dykes was sentenced in each case before the Kansas Sentencing Guidelines Act (KSGA) went into effect, and his sentences are not eligible for ... More...   $0 (07-16-2018 - KS)

STATE OF KANSAS v. DARRYL W. MANCO Indecent liberties with a child

Twenty five years after his 1992 convictions for indecent liberties with a child and aggravated criminal sodomy, inmate Darryl W. Manco filed a pro se motion to correct an illegal sentence under K.S.A. 22-3504. In this motion, Manco claims the prosecution failed to prove intent and failed to present evidence of sexual arousal on the part of himself or the victim in the indecent liberties count. Th... More...   $0 (07-16-2018 - KS)

In the Matter of the Care and Treatment of CHARLES D. KEARNEY

We will begin by summarizing Kearney's adult criminal history. In the summer of 2000, when Kearney was 18 years old, he attempted to make an illegal gun sale, but things did not go as planned. The purchaser tried to steal the gun from Kearney and a struggle ensued. During the struggle, the gun went off, killing the purchaser. Kearney pled guilty to involuntary manslaughter and unlawful possession ... More...   $0 (07-16-2018 - KS)

UNITED STATES OF AMERICA v. DAYVON BRYAN RILEY

In 2013, Riley pleaded guilty to aggravated identity theft, among other charges,
and was sentenced to 156 months’ imprisonment. On direct appeal, we affirmed the
validity of Riley’s guilty plea and dismissed his sentencing claims based on the appeal
waiver contained in his written plea agreement. United States v. Riley, 581 F. App’x 206
(4th Cir. 2014). In his pro se § 2255 ... More...
   $0 (07-15-2018 - NC)

BURGESS MASSEY v. UNITED STATES OF AMERICA

After the Supreme Court denied his petition for a writ  of certiorari, Massey v. United States, 549 U.S. 1136 (2007),  Massey filed his first motion for relief pursuant to 28 U.S.C.  § 2255, Massey v. United States, 08‐924, 2009 WL 1285991  (S.D.N.Y.  Apr.  23,  2009).  The  District  Court  denied  his  motion  and  did  not  issue  a  certificate  of  appealability,  finding that his three... More...   $0 (07-15-2018 - )

MICHAEL ROBBINS vs STATE OF FLORIDA

The state charged the defendant with aggravated battery with a firearm. The evidence showed that the defendant was involved in an argument with a man who was hanging out with a small group of people outside of a business. The defendant eventually got a gun from his nearby truck, fired two shots towards the group, and drove off. One of the shots struck a woman in the group.

Defendant ... More...
   $0 (07-14-2018 - FL)

State of Tennessee v. Grady Dewayne Carroll

On July 15, 2013, the Appellant pled guilty to Class E felony reckless endangerment and Class E felony evading arrest. He also pled guilty to reckless driving and driving on a suspended license, Class B misdemeanors. The Appellant received concurrent four-year sentences as a Range II, multiple offender for each felony conviction and six months for each misdemeanor conviction for a total effectiv... More...   $0 (07-14-2018 - TN)

STATE OF OHIO - vs - TROY D. RHYMER

On June 17, 2015, the Butler County Grand Jury returned an indictment
charging Rhymer with single counts of improperly handling a firearm in a motor vehicle and
criminal damaging or endangering. Approximately one month later, Rhymer pled guilty to
improperly handling a firearm in a motor vehicle charge in exchange for dismissal of the
criminal damaging or endangering charge. ... More...
   $0 (07-14-2018 - OH)

Seifullah Abdul-Salaam v. Secretary of Pennsylvania Depart of Corrections, et al. United States Court of Appeals for the Third Circuit

A jury found petitioner Seifullah Abdul-Salaam, Jr. (“Abdul-Salaam”) guilty of first-degree murder, robbery, and conspiracy after a six-day trial in March 1995 in the Court of Common Pleas of Cumberland County, Pennsylvania. After a one-day penalty phase hearing in which Abdul-Salaam’s counsel presented three mitigation witnesses, the jury sentenced Abdul-Salaam to death. Abdul-Salaam, after exhau... More...   $0 (07-12-2018 - PA)

Ex parte Lawrence Parrish

Appellant Lawrence Parrish appeals the trial court’s order denying his pretrial
application for writ of habeas corpus seeking a bail reduction. See Tex. Code Crim. Proc.
arts. 11.08, 11.24.
The record reflects that appellant is confined in the Travis County Jail awaiting trial
on a charge of aggravated assault against a public servant. On April 19, 2017, appellant filed a
mot... More...
   $0 (07-10-2018 - TX)

Rashad Rudolph v. The State of Texas

Rudolph was charged by indictment with three counts of committing aggravated assault with a deadly weapon and one count of tampering with or fabricating physical evidence. TEX. PENAL CODE ANN. §§ 22.02(a)(2), 37.09(a)(1) (West, Westlaw through 2017 1st C.S.). Rudolph waived his right to a trial by jury and pled guilty to three counts of aggravated assault in exchange for the State’s dismissal of... More...   $0 (07-07-2018 - TX)

Tiffanie Brooke Anderson v. The State of Texas

On the evening of April 25, 2013, Morey Schrader was the front seat passenger in a vehicle
driven by his wife in Plano, Collin County, Texas. Mr. Schrader’s daughter was a passenger in the
backseat. While the Schraders were stopped at a red light, appellant rear-ended their vehicle. None
of the Schraders were injured, but their vehicle was totaled. Mr. Schrader and appellant got out... More...
   $0 (07-07-2018 - TX)

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