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Habeas Corpus Law
 
Dale A. Wilkerson v. University of North Texas, et al. Eastern District of Texas Federal Courthouse - Beaumont, Texas

A Texas university declined to renew a lecturer’s contract. After several extensive but unsuccessful administrative appeals, that lecturer sued the school and its administrators, alleging a deprivation of his property interest in his job without due process and tortious interference with his employment con-tract. The district court denied summary judgment to the administrators on their immunity de... More...   $0 (12-25-2017 - )

Lyda Swinerton Builders, Inc. v. Oklahoma Surety Company Southern District of Texas Courthouse - Houston, Texas

This case involves several issues of Texas law relating to an insurer’s duty to defend and the damages that an insured may recover when an insurer breaches that duty. The district court, after disposing of much of the case through a series of partial summary judgment rulings and conducting a bench trial on one remaining claim, issued a final judgment that largely (though not entirely) favored the ... More...   $0 (12-25-2017 - TX)

In the Interest of H.C.C, a Child

In nineteen issues, appellant, R.C.C., Jr. (Father), is appealing a final judgment naming him and appellee, W.J.M.C. (Mother), as their child’s joint managing conservators and granting Mother the exclusive right to determine the child’s primary residence. We modify Father’s child support obligation and affirm the trial court’s order as modified.
2
Background
Mother and Father were divo... More...
   $0 (12-21-2017 - TX)

UNITED STATES OF AMERICA v. LEONARD OLIVER UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Leonard Oliver pleaded guilty to attempt to possess with intent to distribute 500
grams or more of cocaine and was sentenced to ten years in prison, the mandatory minimum
sentence for the offense given his criminal record. See 21 U.S.C. §§ 841(b)(1)(B), 846.1
The district court entered its judgment on September 30, 2011. The following year, Oliver
filed a tLeonard Oliver ple... More...
   $0 (12-20-2017 - SC)

In re Patti J. Wagner, as Guardian of Jenny Wagner, an Incapacitated Adult

Real parties in interest, Four J’s Community Living Center, Inc. (“Four J’s) and Anthonia Uduma (“Uduma”), have filed motions for rehearing and for en banc reconsideration of our April 27, 2017 opinion. We deny the motion for rehearing, but withdraw our opinion and issue the following opinion in its stead. Because we issue a new opinion in connection with the denial of rehearing, the motion for en... More...   $0 (12-18-2017 - TX)

Chima Okorie v. The State of Texas Cadena Reeves Justice Center - San Antonio Court of Appeals

When a trial court is determining whether probable cause exists to support the issuance of
a search warrant, the trial court does not make any credibility determinations but is constrained to
the four corners of the affidavit. State v. McLain, 337 S.W.3d 268, 271 (Tex. Crim. App. 2011);
State v. Evans, 486 S.W.3d 636, 638 (Tex. App.—San Antonio 2016, pet. ref’d). “Accordingly, More...
   $0 (12-17-2017 - TX)

Jacob Rhodes v. The State of Texas First Court of Appeals - Texas Courts

Early one morning, a resident of a neighborhood subdivision heard a “loud
noise” coming from the park that “sounded like a male and female fighting.” The
resident called the police, and Deputies R. Lindsay and Q. Sneed of the Harris
County Sheriff’s Office were dispatched to the scene.
When Lindsay and Sneed arrived, they found Rhodes and his friend, David
Keuhn, standin... More...
   $0 (12-16-2017 - TX)

Rolando E. Hernandez v. The State of Texas First Court of Appeals - Texas Courts

Hernandez was ensnared in a sting operation run by a multi-agency law
enforcement taskforce in which Special Agent R. Guerra of the Federal Bureau of
Investigation posed online as a 15-year-old girl seeking male company. Hernandez
was arrested after he arrived at the girl’s ostensible residence to have sex.
In his post-arrest interview, which was videotaped and played for the j... More...
   $0 (12-16-2017 - TX)

Jeremiah J. Asay and James E. Fulmer v. SMB Corporation d/b/a Jiffy Lube, Nick Sample and Mark (Scoop) Scott Ti Amo Ristorante Italiano 219 South Cheyenne

Tulsa, OK - Jeremiah J. Asay and James E. Fulmer sued SMB Corporation d/b/a Jiffy Lube, Nick Sample and Mark (Scoop) Scott on a wrongful termination theory.

Date Code Description Count Party Amount
09-03-2014 TEXT

CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
1
09-03-2014 TERMINATE

WRONGFUL TERMINATION

09-03-2014 DMFE
... More...
   $0 (12-15-2017 - OK)

F. R. and J. R. v. Texas Department of Family and Protective Services

Appellants F.R. (“Felix”) and J.R. (“Jane”) appeal from the trial court’s order
terminating their parental rights regarding two children, J.R. (“Tiffany”) and J.R. (“Erin”).1
Appellants challenge the order claiming trial-court procedural errors, ineffective assistance of trial
counsel, legal and factual insufficiency of the evidence, and denial of due process. For the reasons
that ... More...
   $0 (12-15-2017 - TX)

STATE OF KANSAS v. VERNON J. AMOS

In 2013, the Kansas Legislature held a special session in response to the United States Supreme Court's decision in Alleyne v. United States, 570 U.S. 99, Ct. 2151, 186 L. Ed. 2d 314 (2013), and enacted provisions requiring jury findings before an enhanced mandatory minimum sentence can be imposed for persons convicted of premeditated first-degree murder. L. 2013, ch. 1 (now codified at K.S.A. 20... More...   $0 (12-15-2017 - KS)

Houston Methodist Willowbrook Hospital v. Mary Lou Ramirez

This is an accelerated appeal from the denial of a motion to dismiss a health
care liability claim. Mary Lou Ramirez alleges that Houston Methodist
Willowbrook Hospital is liable for her personal injuries stemming from her slip
and fall inside a hospital building. The hospital contends that Ramirez’s sole cause
2
of action is a health care liability claim, yet she failed to ser... More...
   $0 (12-14-2017 - TX)

State of Florida v. Ana Maria Cardona Miami-Dade County Courthouse - Miami, Florida

Miami, FL - Jury Convicts Woman of Killing Her Son For Third Time

The State of Florida charged Maria Cardona with first-degree murder for killing her 3-year-old son, Lazaro Figueroa, in November 1990. The State claimed that the child, who only weighed 18 pounds, was abused and neglected by his mother. He was knows as Baby Lollipops by the press from the T-shirt that he was wearing when f... More...
   $0 (12-14-2017 - FL)

Pasadera Builders, LP v. Todd Hughes

Pasadera Builders, LP appeals the trial court’s order granting Todd Hughes’s motion to confirm an arbitration award and denying Pasadera’s motion to vacate a portion of the arbitration award. Pasadera contends the trial court erred in refusing to vacate the portion of the arbitration award finding neither party was a prevailing party entitled to attorney’s fees, expenses, and arbitration costs und... More...   $0 (12-13-2017 - TX)

Cody A. Waters v. Beth T. Waters

Cody A. Waters appeals a final decree of divorce appointing Beth T. Waters as the sole
managing conservator of their children B.W. and T.W. Cody asserts the trial court erred by: (1)
refusing to rule on his motions; (2) appointing Beth as sole managing conservator; (3) allowing
the children’s counselor to determine whether Cody should have any possession of and access to
the childr... More...
   $0 (12-13-2017 - TX)

United States of America v. Robert C. Cordaro Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

Harrisburg, PA - Public Corruption Convictions For Former Lackawanna County Commissioner Robert C. Cordaro Upheld

United States District Court Judge A. Richard Caputo denied former Lackawanna County Commissioner Robert C. Cordaro’s latest appeal regarding his 2011 conviction on multiple public corruption charges. Specifically, Judge Caputo adopted the Report and Recommendation of Magis... More...
   $0 (12-12-2017 - PA)

Justin Levi Burns v. The State of Texas Montgomery County man gets life in prison for sex abuse of autistic child

A grand jury indicted Burns for continuous sexual abuse of A.M., a
child. See Tex. Penal Code Ann. § 21.02(b) (West Supp. 2016).1 A.M. was nine
years old at the time of trial. Several witnesses testified that A.M. had autism. A.M.
testified that Burns is her uncle. A.M. testified that when she was at Burns’s house,
Burns forced her to go into his room and Burns “put his private... More...
   $0 (12-12-2017 - TX)

Michael Kelvin Swenson v. The State of Texas Online solicitation of a child

Michael Kelvin Swenson challenged his indictment for online solicitation of
a child by filing a pre-trial application for a writ of habeas corpus. The trial court
denied the application without a hearing. On the same day that the trial court denied
the habeas application, the trial court accepted Swenson’s guilty plea pursuant to a
plea bargain agreement and sentenced Swenson t... More...
   $0 (12-12-2017 - TX)

Donald Coleman v. The State of Texas Texas Sixth District Court of Appeals

Donald Coleman was originally indicted by a Bowie County grand jury for one count of
indecency with a child by sexual contact1 in cause number 16F0639-005, alleged to have been
committed on or about June 17, 2016, against Mary Thomas2 (the 2016 Offense). On
December 15, 2016, less than a month before cause number 16F0639-005 was scheduled for jury
trial, the grand jury issued ... More...
   $0 (12-11-2017 - TX)

Ricky Allen Dyise v. The State of Texas Texas Fifth Court of Appeals, Dallas Texas

Appellant is homeless and lives on the streets of Dallas. Police Sgt. Ross Stinson was
assigned to the Central Business District, an area of downtown Dallas with a homeless
population. Stinson was on patrol on April 23, 2016 when he saw appellant asleep on the
sidewalk and “jostled” his foot to awaken him. He asked if appellant was okay and told him to
go somewhere else to s... More...
   $0 (12-11-2017 - TX)

Juan Jose Sanchez v. The State of Texas Texas First District Court of Appeals

In separate indictments, the State alleged that Sanchez used the identifying
information of Kim Pham without her consent. Sanchez was tried for both of these
related offenses in a consolidated trial.
Kim Pham, her husband, Thai Pham, and Detective R. Fields of the Fort Bend
County Sherriff’s Office testified at trial. There were no other witnesses.
In 2014, the Phams dis... More...
   $0 (12-09-2017 - TX)

VIRGIL SYLVESTER BRADFORD v. STATE OF KANSAS Theft; Loss of greater than $500 less than $25,000

Bradford filed his pro se K.S.A. 60-1507 motion that is the subject of this appeal in October 2015. He made two claims. First, his convictions for aggravated burglary, aggravated robbery, and theft are multiplicitous with his conviction for capital murder and violate the Double Jeopardy Clause. He argued that "by proving the 3rd element of capital murder ('that the victims were killed as part of t... More...   $0 (12-09-2017 - KS)

United States of America v. Michael David Scott District of Massachusetts Federal Courthouse - Boston, Massachusetts

Michael David Scott appeals
from his conviction and sentence for wire fraud, bank fraud, and
money laundering, associated with a mortgage fraud scheme
perpetrated in the Boston area. His principal argument is that
the government unfairly procured his guilty plea by misusing
information he provided during proffer sessions. He also
challenges his sentence. For the following r... More...
   $0 (12-08-2017 - MA)

DANIEL P. PARKER v. STATE OF KANSAS Murder in the First Degree

A Riley County jury convicted Daniel Parker of felony murder; the underlying felony offense was criminal discharge of a firearm. Parker was sentenced to life in prison without the possibility of parole for 20 years. After his direct appeal was denied, he filed a habeas corpus claim alleging ineffective assistance of counsel. He claimed that his trial attorney's representation had been deficient be... More...   $0 (12-08-2017 - KS)

Milan James Brown v. Thomas J. Dart Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

 On July 19, 2013, Milan Brown was  sentenced to 300 days’ imprisonment for violating the terms  of his probation. At the sentencing hearing, the Illinois circuit  court specifically stated that Brown should be released in September 2013, after accounting for good‐time credit. However,  in August 2013, staff at the Cook County Jail informed Brown  that he would not be released until March. O... More...   $0 (12-07-2017 - IL)

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