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Loretta T. Elliott v. American States Insurance Company Middle District of North Carolina Federal Courthouse - Greensboro, North Carolina

Loretta Elliott filed this claim against her insurance company, American States Insurance Company (“ASIC”), alleging that its conduct in handling her insurance claim constitutes an unfair claims settlement practice in violation of N.C. Gen. Stat. § 58-63-15(11), and, as a matter of law, an unfair and deceptive trade practice in violation of N.C. Gen. Stat. § 75-1.1. On appeal, Elliott asserts that... More...   $0 (02-24-2018 - NC)

United States of America v. DAniel Colby, Jr.

Following a two-day jury trial,
Defendant Daniel Colby, Jr. was convicted of a single count of
possession of a firearm by a prohibited person in violation of 18
U.S.C. § 922(g)(1). In calculating Colby's sentence, the district
court applied a two-level enhancement for possession of a stolen
gun, a four-level enhancement for using a gun in connection with
another felony, and... More...
   $0 (02-22-2018 - ME)

United States of America v. Mark Cowden Northern District of West Virginia Federal Courthouse - Wheeling, West Virginia

Mark Cowden, a former lieutenant with the Hancock County Sheriff’s Office (HCSO) in West Virginia, was charged with deprivation of rights under color of law, in violation of 18 U.S.C. § 242, and knowingly making a false statement to impede a federal investigation, in violation of 18 U.S.C. § 1519. In a jury trial, the evidence showed that in the course of his police duties, Cowden assaulted Ryan H... More...   $0 (02-16-2018 - WV)

Linde, et al. v. Arab Bank, P.C. Eastern District of New York Courthouse - Brooklyn, New York

The sixteen named plaintiffs on this consolidated appeal are
victims, or the relatives of victims, of three terrorist attacks
perpetrated in Israel by Hamas between March 2002 and June 2003.
Together with hundreds of other alleged victims and the surviving
relatives of victims of alleged Hamas attacks, the named plaintiffs
commenced actions in the United States District Court f... More...
   $0 (02-13-2018 - NY)

Julie Peffer and Jesse Peffer v. Mike Stephens Western District of Michigan Federal Courthouse - Grand Rapids, Michigan

This appeal requires us to determine the extent of the
Fourth Amendment’s requirements for an affidavit supporting a warrant to search the residence
of an individual suspected of committing a crime involving the use of a computer.
That issue figures prominently in Plaintiffs Julie and Jesse Peffer’s appeal of the district
court’s grant of summary judgment in favor of Defendant Mike... More...
   $0 (01-26-2018 - MI)

Myron Earl Canady v. The State of Texas Myron Earl Canady - Registered Sex Offender

At trial, Dallas Police Officer Alexander Shirley testified that on April 23, 2016, he was on
patrol at 5 a.m. On a public street, he came into contact with someone he later learned was
appellant. The officer testified that appellant was driving an ATV, or four-wheeler, on a sidewalk.
The ATV was designed for one person, but appellant had a passenger with him. In addition,
... More...
   $0 (01-25-2018 - TX)

United States of America v. Lindsey Johnson Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

In this appeal, Defendant Lindsey Johnson raises several challenges to his conviction and sentence for carjacking and two related firearm offenses. We affirm in full but remand for the district court to correct a clerical error in its judgment.
I.
On the afternoon of August 2, 2015, Johnson encountered Jeremy McNeal at an apartment complex in Jackson, Mississippi. The two men’s accounts of... More...
   $0 (01-25-2018 - MS)

James Earl Love v. The State of Texas Waco man gets life in prison for continuous sexual abuse of child

A McLennan County grand jury returned an indictment alleging that Love, during
a period that was thirty days or more in duration—specifically, from on or about January
1, 2010 to September 1, 2013—committed two or more acts of sexual abuse against Z.L.,
Love’s grandson, who was then under the age of fourteen. See id.
Prior to trial, Love filed a “Motion to Declare Continuous S... More...
   $0 (01-20-2018 - TX)

David Wilbanks v. The State of Texas The Colony resident sentenced to 60 years for child molestation

When she was fourteen years old, Gloria3––who had lived with Wilbanks
from time to time while he financially and emotionally supported her family––told
her best friend’s mother that Wilbanks had repeatedly performed sexual acts with
her, beginning with fondling when she was six years old and continuing until the
time of her outcry. At the urging of her friend’s mother, Gloria ... More...
   $0 (01-20-2018 - TX)

Demico Stanley v. The State of Texas Stanley sentenced to 75 years for Lewisville murder

In 2015, Richard Myles lived in a small, one-bedroom apartment on the
second floor of a building in the Hampton Bay apartment complex with his
fiancée, Laura, and their 23-month-old son, David.2 While Laura worked two
jobs, Myles cared for David. He also sold marijuana to earn extra money.
Whenever he left the apartment, he carried his marijuana stash with him in a
gree... More...
   $0 (01-16-2018 - TX)

STATE OF NEW MEXICO v. GAVINO LUNA COURT OF APPEALS OF THE STATE OF NEW MEXICO

Defendant’s convictions stem from events that occurred the afternoon of May
16 3, 2013, when Defendant was looking after J.C. (Child), a nine-year-old boy, and
17 Child’s twelve-year-old sister because Child’s mother was hospitalized. Defendant
18 lived with Child’s grandmother. According to Child, Defendant showed Child “ugly”
19 movies that showed photographs of women “showing th... More...
   $0 (01-09-2018 - NM)

Kathleen D. McBride, as Trustee, etc. v. Byron C. Smith

Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for
violating McBride’s rights with respect to a recorded easement over the Smiths’ property.
After sustaining demurrers to several versions of McBride’s complaint, the last without
leave to amend, the trial court entered judgment in favor of the Smiths. On appeal, we
conclude that McBride stated causes of action f... More...
   $0 (01-04-2018 - CA)

J. Brent Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Plaintiff and appellant, J. Brent Arave, brought several claims under the California
Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his
former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of
America (BoA), his supervisor Joseph Holsinger, and a human resources supervisor,
Katherine Anderson (collectively, defendants). He ... More...
   $0 (01-04-2018 - CA)

Richard Paul Kay v. The State of Texas

Appellant was charged by indictment with aggravated assault on a public servant and evading arrest or detention. An enhancement paragraph alleged a prior felony conviction. Appellant pleaded “not guilty” to aggravated assault on a public servant and “guilty” to evading arrest or detention. After hearing evidence and arguments, a jury found Appellant “not guilty” of aggravated assault on a public... More...   $0 (12-29-2017 - TX)

William Ellis Shimp v. The State of Texas

Appellant presents three issues for our review.1 In his first issue, Appellant argues that the trial court violated his Sixth Amendment right to confrontation when it refused to allow him to cross-examine the complainant or to make a record regarding her prior sexual misconduct. Appellant argues in his second issue that the trial court erred when it denied his challenges for cause and his reques... More...   $0 (12-28-2017 - TX)

Kristen Westfall Maddox v. The State of Texas Jury finds Tyler County woman guilty in double-murder case

Deputy Tony Reynolds of the Tyler County Sheriff’s Office testified that on
January 18, 2014, he responded to a call about shots being fired at Mount Carmel
Baptist Church. On arriving, Reynolds found a deceased male and female. Reynolds
testified that he recognized the male as Nathan Maddox, and he knew that Nathan
had been in a prior altercation with Paul and Letha Westfall (... More...
   $0 (12-28-2017 - TX)

Gustavo Wahlenberg v. The State of Texas Jury convicts Montgomery County man, 73, of murder in self-defense trial

Wahlenberg was charged by indictment for killing Patrick Kelly by shooting
him with a firearm. Wahlenberg pleaded not guilty to the charge and the case was
tried to a jury, where Wahlenberg asserted self-defense and defense of a third party.
Wahlenberg lived with his disabled long-term girlfriend, Brenda1, in a mobile
home on a large rural tract of property in Montgomery Count... More...
   $0 (12-28-2017 - TX)

Ryan John Kelley v. The State of Texas Ryan Kelley found guilty of attempted capital murder of a peace officer

In the early hours of January 6, 2015, Jennifer Bentley and her live-in boyfriend,
appellant, got into an argument at their home in Pampa, Texas. A friend arrived and the
three smoked methamphetamine. The friend left, appellant went to sleep, and Bentley
began packing her daughters’ bags and preparing to leave. When Bentley’s two children
woke, she and the children left for ... More...
   $0 (12-27-2017 - TX)

STATE OF IOWA vs. MARK BERNARD RETTERATH

According to the prosecution’s theory, Retterath was reenacting a
murderous plotline from an episode of Breaking Bad1 as he solicited associates
Aaron Sellers and J.R. to exact revenge against C.L., the young man who accused
Retterath of sexual abuse. The accusations of sexual abuse surfaced in January 2015, but the events
dated back more than ten years. As a young teenager,... More...
   $0 (12-24-2017 - IA)

STATE OF IOWA vs. RICHARD GENE SHAWHAN Man jailed for busting head open with bat

On December 21, 2014, Shawhan did not return to the Fort Des Moines
residential correctional facility. At that time, Butts and Kimberly Goemaat-Clark
(Clark) were living together in an apartment and were allowing Brian Mabrier and
Nicole Martin to stay with them. While on escape status, Shawhan occasionally
stayed with Butts and Clark.
On December 26, Butts, Clark, Ma... More...
   $0 (12-24-2017 - IA)

Elizabeth Wairimu Gitau v. Jefferson B. Sessions, III District of Massachusetts Federal Courthouse - Boston, Massachusetts

Elizabeth Wairimu Gitau
petitions for review of a decision from the Board of Immigration
Appeals ("BIA") dismissing her appeal of an Immigration Judge's
("IJ") decision ordering her removal to Kenya. Having reviewed
the BIA's decision, including the decision of the IJ as adopted by
the BIA, see Guerrero v. Holder, 667 F.3d 74, 76 (1st Cir. 2012),
as well as the record and t... More...
   $0 (12-24-2017 - MA)

Joseph Strauch, et al. v. Computer Sciences Corp District of Connecticut Federal Courthouse - New Haven, Connecticut

New Haven, CT - Joseph Strauch and others sued Computer Sciences Corp on a Fair Labor Standards Act violation theory claiming that Computer Sciences willfully and intentionally failed and refused to pay overtime pay. The 1,000 or so plaintiff were granted class action status.

In the midst of the Great Depression, Congress enacted the FLSA to combat the “evils and dangers resulting from ... More...
   $0 (12-22-2017 - )

STATE OF NEW JERSEY v. WILLIAM BURKERT Supreme Court of New Jersey

On September 30, 2011, Halton filed three separate complaints, alleging that Burkert committed the petty disorderly persons offense of harassment on January 8, 9, and 11, 2011, in violation of N.J.S.A. 2C:33-4(c).1 A three-day trial was held in
1 A petty disorderly persons offense is punishable by up to thirty days in jail. N.J.S.A. 2C:43-8.
5
the Elizabeth ... More...
   $0 (12-21-2017 - CT)

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)

Robert Adrian Rendon v. The State of Texas Man who shot at officers during chase gets 2 life terms

Bradley Durst, an officer with the Fredericksburg Police Department, stopped a vehicle
based on his suspicion that the driver was intoxicated. During the course of the stop, the driver of
the vehicle shot Officer Durst and drove away from the scene. Approximately forty-five minutes
to an hour later, Jared Moore, a deputy with the Kendall County Sheriff’s Office, was dispatched
... More...
   $0 (12-17-2017 - TX)

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