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Imputed Fault Law
 
UNITED STATES OF AMERICA - v - EDWIN HERNANDEZ, AKA Scooby, AKA Masacre

The present prosecution arises out of shootings on October 23, 2011, in 3 Central Islip, New York, in which Robert Faber and Curtis Williams were injured. 4 The operative indictment charged Hernandez in six counts, three with respect to each 5 victim. Counts Four and Five alleged that Hernandez, for the purpose of gaining 6 entrance to, and maintaining or increasing his position in, MS-13, atte... More...   $0 (07-15-2018 - NY)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

STATE OF OHIO v. DAVONTE S. BRACY

On July 18, 2016, four-year old M.E. suffered second degree burns from being
exposed to hot water in a bathtub. In August 2016, in relation to the foregoing incident, Bracy,
who was M.E.’s mother’s boyfriend and who was home with M.E. at the time of the incident,
was indicted on two counts of endangering children, one in violation of R.C. 2919.22(B)(1), and
one in violation o... More...
   $0 (07-13-2018 - OH)

State v. Michael Patino

A little after five o’clock in the evening on Sunday, October 4, 2009, a six-year-old boy
named Marco Nieves was pronounced dead at Hasbro Children’s Hospital. According to the
autopsy performed by then-Chief Medical Examiner of the State of Rhode Island, Thomas
Gilson, M.D., the cause of death was peritonitis, which is a medical term that describes
- 2 -
inflammation aro... More...
   $0 (07-09-2018 - RI)

ROGER LEE JACKSON a/k/a ROGER JACKSON a/k/a ROGER L. JACKSON v. STATE OF MISSISSIPPI

In the early morning hours on November 11, 2014, two men were shot near Roach
Street in Jackson, Mississippi. One of the victims, Quincy McGowan, died. His body was
discovered in a nearby vacant lot by a passerby shortly after noon on November 11. Police
found ten 9 mm shell casings near the body, and a 9 mm projectile was recovered from
McGowan’s body during autopsy.
¶3. T... More...
   $0 (07-09-2018 - MS)

SPECIALTYCARE IOM SERVICES, LLC v. MEDSURANT HOLDINGS, LLC, ET AL.

SpecialtyCare IOM Services, LLC (“SpecialtyCare,” or “Appellee”) and Medsurant Holdings, LLC (“Holdings”) and Medsurant, LLC (together with Holdings, “Medsurant,” or “Appellants”) are direct competitors in the intraoperative
neurophysiologic monitoring services(“IOM”)industry. IOM services are typically used for patients undergoing operations related to the nervous system, or procedures that... More...
   $0 (07-09-2018 - TN)

Manmett S. Padda v. The Superior Court of Riverside County, GI Excellence, Inc., Real Parties in Interest

In this matter, we have reviewed the petition, its exhibits, and the letter response
filed by real parties in interest (hereafter real parties). We have determined that
resolution of the matter involves the application of settled principles of law, and that the
equities favor petitioners. We conclude that issuance of a peremptory writ in the first
instance is therefore appropriate.... More...
   $0 (07-09-2018 - CA)

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)

Jose Mario Trevino v. The State of Texas

At trial, Trevino’s granddaughter “Child A”1 testified that under a custody arrangement,
she and her brother stayed at her maternal grandparents’ home every two weeks so that they could
visit their mother. According to Child A, during these visits, she and her much younger half-sister
slept in the same bed as her maternal grandfather, Trevino—with Child A sleeping in the middle
... More...
   $0 (07-07-2018 - TX)

STEPHEN DOUGLAS WHITE v. STATE OF KANSAS

White pleaded no contest to a charge of rape of a child under age 14. In exchange for his plea, the State dismissed two additional counts of the same charge. The State agreed to a departure sentence from a hard 25 life sentence to a sentence for a specified term of months, as defined in an agreed-upon sentencing guidelines grid box. The State's agreement was contingent on White presenting, and the... More...   $0 (07-06-2018 - KS)

STATE OF MONTANA v. SLADE ALLEN CLAWSON

On May 5, 2014, Clawson was charged in DC 14-239 with one felony and three
misdemeanor offenses. He pled not guilty on May 15, 2014, and was ultimately released
on bond on August 27, 2014. He subsequently failed to report to a court-ordered Sobriety
and Accountability Program resulting in revocation of his bond and issuance of a warrant
for his arrest. He was re-arrested Se... More...
   $0 (07-06-2018 - MT)

State of Tennessee v. Darrell Wayne Smith

A Roane County Grand Jury indicted the defendantfordriving under the influence and violation of the financial responsibility law as a result of a car accident. The defendant was charged based on his interactions with the state trooper at the scene and the results of ablood test indicatingnarcotics levelssufficient to cause impairment.

At the outset of the defendant’s trial, the trial cou... More...
   $0 (07-05-2018 - TN)

State of Tennessee v. Lee Harold Cromwell

After a fireworks show on July 4, 2015, in Oak Ridge, Tennessee, the defendant reversed his truck through a crowded parking lot, killing one victim and injuring eight others. An Anderson County Grand Jury indicted the defendant for seventeen crimes, including one count each of vehicular homicide, criminally negligent homicide, reckless homicide, reckless endangerment with a deadly weapon, and dri... More...   $0 (07-05-2018 - TN)

GREGORY BALDWIN vs. CITY OF ESTHERVILLE, IOWA; MATT REINEKE, Individually and in his Official Capacity as an officer of the Estherville Police Department; and MATT HELLICKSON, Individually and in his Official Capacity as an officer of the Estherville Police Department

When we answer a certified question, we rely upon the facts provided with the certified question. See Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors, 890 N.W.2d 50, 53 (Iowa 2017); Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa 2013). Accordingly, we restate the facts as set forth by the federal district court:
The incidents giving rise to ... More...
   $0 (07-04-2018 - IA)

United States of America v. Jesus Gerardo Ledezma-Cepeda Northern District of Texas Federal Courthouse - Dallas, Texas

Jesus Ledezma-Cepeda (“Ledezma”) and Jose Cepeda-Cortes (“Cepeda”) appeal their convictions of interstate stalking and conspiracy to commit mur-der for hire. Cepeda appeals his conviction of tampering with documents or proceedings. Cepeda
2

to sever his case for trial, and Ledezma objects to evidentiary rulings. Discern-ing no error, we affirm.

I.

Ledezma was a memb... More...
   $0 (07-03-2018 - TX)

BRIAN K. ALLISON vs. STATE OF IOWA SUPREME COURT OF IOWA

A jury convicted Brian Allison of three counts of sexual abuse in the third degree in 2011. He appealed his conviction. In his direct appeal, Allison argued the district court erred in not granting him a new trial based upon the weight of the evidence under Iowa Rule of Criminal Procedure 2.24(2)(b)(6). Among other things, Allison noted the victim, his stepdaughter, initially denied the abuse, ... More...   $0 (07-03-2018 - IA)

STATE OF KANSAS v. DUSTIN D. WALKER

In the early morning hours of March 8, 2014, Michael Roberts awoke to banging on the front door of the apartment where he lived with his grandmother, Marilyn Howard; his father, Patrick Roberts; and his uncle, Wayne Roberts. Michael thought someone was kicking the door. As Michael got up, the front door swung open and two men entered the apartment—one in black clothing and one in light gray clothi... More...   $0 (07-02-2018 - KS)

In re the Marriage of William amd Diane Binette. William Binette, v. William Binette

APPEAL from the Superior Court of Riverside County. James T. Warren, Judge.
(Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art.
VI, § 6 of the Cal. Const.) Affirmed.
Westover Law Group, Andrew L. Westover and Morgan Cahill-Marsland for
Appellant.
Julie M. Clark for Respondent.
In this family law matter between William Binette (husband) ... More...
   $0 (07-02-2018 - CA)

STATE OF OHIO vs. WILLIAM ANTONIO SMITH

In the early evening of October 1, 2015, Smith left the Colerain
apartment of his girlfriend, Kirby Wynn. He traveled to the Evanston neighborhood
of Cincinnati. He visited Jackson at his apartment located at 3306 Fairfield Avenue.
Owens often shared Jackson’s apartment. Later that evening, Jackson’s daughter
entered the apartment and found Owens’ clothed, lifeless body lyin... More...
   $0 (07-01-2018 - OH)

Jake's Fireworks, Inc. v. R. Alexander Acosta, Secretary of Labor, United States Department of Labor District of Kansas Federal Courthouse - Wichita, Kansas

Jake’s Fireworks, Inc. (“Jake’s”), a fireworks importer and distributor, assigned
two employees to clean out its old facility. A fire broke out, injuring one employee and
killing the other. After an Occupational Safety and Health Administration (“OSHA”)
inspection, the Secretary of Labor (the “Secretary”) cited Jake’s for violating OSHA
safety and health standards. Jake’s contested... More...
   $0 (06-30-2018 - KS)

State of Nebraska v. Antonio Leon-Simaj, also known as Antonio Leon-Batz

Antonio Leon-Simaj, also known as Antonio Leon-Batz, was charged with one count of first degree sexual assault and two counts of possession of child pornography stemming from his relationship with E.Z. E.Z. was 14 years old at the time of trial and 13 years old at the time of the events in question.

.Z.’s Testimony
There are no pretrial motions in the record. Trial began with the test... More...
   $0 (06-28-2018 - NE)

Nick Pearson, et al. v. Target Corporation, NBTY, Inc. and Rexall Sundown, Inc. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Inequitable settlements are an unfortu-nate recurring bug in our system of class litigation. Federal Rule of Civil Procedure 23(e) is designed to minimize such
2 No. 17-2275
problems, but appeals by class members who object to a set-tlement indicate that the system still needs improvement. All too often, class counsel negotiate a settlement with substantial attorneys’ fees but meager benef... More...
   $0 (06-27-2018 - IL)

United States of America v. Richard E. Paulus, M.D. Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Mark Twain once quipped that “there are three kinds of
falsehood: lies, damnable lies, and statistics.” Dr. Paulus begs to differ and insists that certain
statistical estimations cannot be false. As a cardiologist, Paulus interpreted hundreds of
angiograms—specialized x-rays that approximate how severely a person’s arteries are blocked.
A federal jury convicted him of committing he... More...
   $0 (06-25-2018 - TN)

STATE OF IOWA vs. MARSEAN T. FENTON Iowa Court of Appeals

In November 2015, the State charged Fenton with burglary in the third
degree from a motor vehicle, an aggravated misdemeanor, in violation of Iowa
Code section 713.6A(2) (2015). Fenton entered a written guilty plea, allegedly
conditioned upon the court’s acceptance of the negotiated sentence including a
180-day suspended jail term. Fenton planned to request a deferred judgmen... More...
   $0 (06-25-2018 - IA)

STATE OF KANSAS v. JOHN B. KOOP

John B. Koop appeals his conviction and sentence for attempted second-degree murder. The parties are well acquainted with the events that led to this conviction so we need not recount them here. We move directly to Koop's three claims of error: (1) this charge should have been dismissed because the State violated his right to a speedy trial; (2) he should get a new trial because the district co... More...   $0 (06-23-2018 - KS)

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