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Intent Law
 
United States of America v. Tanisha Valero

Cheyenne, WY - Tanisha Valero, 43, of Cheyenne, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on February 17, 2015, for possession with intent to distribute 50 grams or more of methamphetamine. Valero was arrested in Cheyenne, Wyoming. She received 108 months imprisonment, to be followed by four years of supervised release, and was ordered to pay a $400.00 fine ... More...   $0 (02-19-2015 - WY)

The People v. Anthony A. Harris

In Missouri v. McNeely (2013) 569 U.S. ___ [133 S.Ct. 1552] (McNeely), the United States Supreme Court held that, before the police may conduct a nonconsensual blood test of a motorist who is arrested on suspicion of driving under the influence of alcohol (DUI), the police must either obtain a warrant from a detached magistrate or later show that exigent circumstances prevented them from timely ob... More...   $0 (02-19-2015 - CA)

Calvo Fisher & Jacob, L.L.P. v. David J. Lujan

This is the third in a series of appeals filed by appellant David Lujan in this case, the general background of which was described in our introduction in the earlier opinion: “A prominent Guam attorney [Lujan] was sued in two lawsuits in Hawaii, followed by a third lawsuit in California, the last of which, were it to succeed, could have cost the attorney millions of dollars, loss of his reputat... More...   $0 (02-19-2015 - CA)

National Lloyds Insurance Company v. Latosha A. Lewis

National Lloyds Insurance Company (“Lloyds”) appeals the trial court’s judgment in favor of Latosha A. Lewis following a jury trial. In seven appellate issues, Lloyds challenges (1) the legal sufficiency of the evidence supporting the jury’s findings regarding causation, damages for mental anguish, breach of contract, and breach of the DTPA, and exemplary damages, (2) the trial court’s i... More...   $0 (02-19-2015 - TX)

Hellen Bedgood v. Texas Education Agency

Hellen Bedgood appeals the trial court’s order granting summary judgment in favor
of the Texas Education Agency on Bedgood’s claims for employment discrimination and retaliation.
See Tex. Lab. Code §§ 21.051, .055. In her first and second issues, Bedgood contends that she
established a prima facie case of both her discrimination and retaliation claims. In her third issue,
Bed... More...
   $0 (02-19-2015 - TX)

Max Hudson v. The Honorable Ken Paxton, Attorney General of Texas; and Region 16 Education Services Center

Max Hudson appeals a trial court’s judgment denying his request for attorneys’
fees pursuant to the Texas Public Information Act (PIA). See Tex. Gov’t Code §§ 552.001-.353.
Hudson argues that he substantially prevailed in the proceedings below and that the trial court erred
in failing to award him attorneys’ fees under the PIA. Because we conclude that Hudson did not
subs... More...
   $0 (02-19-2015 - TX)

Charles R. Tips Family Trust, Hazel W. Tips Family Trust and Charles T. Watkins v. PB Commercial LLC

The parties to this appeal entered into a residential loan agreement and guaranty for the principal amount of “ONE MILLION SEVEN THOUSAND AND NO/100 ($1,700,000.00) DOLLARS.” The loan documentation thus identified the amount of the loan in two different ways, with one number favoring the
2
borrower—one million seven thousand—written out in words and a larger number favoring the ban... More...
   $0 (02-19-2015 - TX)

Clarence Stumhoffer, Heir of the Estate of Robert Brian Stumhoffer, Deceased v. Daniel Perales and Erin Perales

Appellees, Daniel and Erin Perales (collectively, “Perales”), sued the appellant, the independent administrator and heir of the Estate of Robert Brian Stumhoffer (“the Estate”), seeking to recover attorney’s fees and costs incurred in
2
defending an adverse claim to title on real property sold to Perales by Robert Stumhoffer, decedent. In a single issue, the Estate challenges the... More...
   $0 (02-19-2015 - )

Contender Farms, L.L.P. v. United States Department of Argriculture

Contender Farms, L.L.P. and Mike McGartland appeal the district court’s order granting summary judgment in favor of the United States Department of Agriculture (“USDA”). McGartland owns Contender Farms, and each actively participates in the Tennessee walking horse industry by buying, selling, and exhibiting horses. They challenge a USDA regulation (the “Regulation”) promulgated under the... More...   $0 (02-19-2015 - TX)

In re Welfare of A.W.

In 2010, the legislature enacted a new guardianship statute,
chapter 13.36 RCW (new statute), to create permanency for children in foster care
through the dismissal of dependency and the appointment of a guardian. RCW
13.36.010. This case involves whether the preponderance of the evidence standard
of proof satisfies due process and whether the record supports the trial court's
... More...
   $0 (02-19-2015 - WA)

United States of America v. Raymond Estrada

CORPUS CHRISTI, TX - Raymond Estrada, 35, of Corpus Christi, has been ordered to serve a significant sentence following his conviction of possession with intent to distribute crack cocaine and the court’s finding that he was a career offender, announced U.S. Attorney Kenneth Magidson today. He pleaded guilty Nov. 3, 2015.

Estrada was on serving a term of supervised release following a 2... More...
   $0 (02-18-2015 - TX)

United States of America v. Michael Olen

BOSTON, MA - The owner of a Norwood roofing company pleaded guilty to hiding thousands of dollars of his business income by intentionally filing false tax returns with the Internal Revenue Service.

Michael Olen, 60, pleaded guilty to making and subscribing a materially false tax return after being charged via an Information in January 2015. U.S. District Court Senior Judge Rya W. Zobel s... More...
   $0 (02-18-2015 - MA)

Brian S. Fahey v. Massachusetts Department of Revenue

The four bankruptcy appeals
before us pose a single question of statutory interpretation:
whether a Massachusetts state income tax return filed after the
date by which Massachusetts requires such returns to be filed
constitutes a "return" under 11 U.S.C. § 523(a) such that unpaid
taxes due under the return can be discharged in bankruptcy. For
the reasons set forth below, w... More...
   $0 (02-18-2015 - MA)

Shirley B. Baker v. R.J. Reynolds Tobacco Company

Shirley Baker (“Plaintiff”) sued R.J. Reynolds Tobacco Co. (“Defendant”) for the death of her husband Elmer Baker (“Mr. Baker”) that was allegedly caused by smoking. In her lawsuit, Plaintiff asserted claims for negligence, strict liability, concealment, and conspiracy. After the jury found Defendant’s actions were not the legal cause of her husband’s death, she argued that under t... More...   $0 (02-18-2015 - FL)

Dale Norman v. State of Florida

The Second Amendment of the Constitution provides: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” U.S. Const. Amend. II. The Supreme Court has determined that this text confers “an individual right to keep and bear arms.” Dist. of Columbia v. Heller (Heller I), 554 U.S. 570, 577, 595 (2008)... More...   $0 (02-18-2015 - FL)

Joel De La Osa v. State of Florida

In a 90 page indictment filed in 2003, appellant Joel de la Osa, along with 17 other defendants, was charged with crimes arising from an elaborate scheme spearheaded by Michael Carlow to sell adulterated prescription drugs to wholesale distributors, thus ensuring the drugs’ placement on the retail market. The State’s theory of the case was that Michael Carlow organized a conspiracy in which he... More...   $0 (02-18-2015 - FL)

The People v. Earnest L. Andrews

Defendant Earnest L. Andrews was convicted by a jury of misdemeanor sexual battery of Elizabeth Doe (Pen. Code, §§ 242-243.4, subd. (e)(1); count 2).1 The jury also convicted defendant of three felonies (counts 3, 4 and 5) involving a second victim, Juanita Doe. But, as to the first victim (Elizabeth Doe), the jury acquitted defendant of rape (§ 261, subd. (a)(2); count 1) and the lesser-includ... More...   $0 (02-18-2015 - CA)

United States of America v. Jesse “Babe” Amaral, Jr.

SAN FRANCISCO, CA – Jesse “Babe” Amaral, Jr., owner of the now-defunct Petaluma slaughterhouse Rancho Feeding Corporation, pleaded guilty to conspiracy to distribute adulterated, misbranded, and uninspected meat, announced United States Attorney Melinda Haag and Lori Chan, Special Agent in Charge of the U.S. Department of Agriculture (USDA), Office of Inspector General, Investigations, Weste... More...   $0 (02-18-2015 - CA)

Rex Smith v. Kelly Davis and Amber Davis

Rex Smith and Nancy Smith appeal the trial court‘s judgment in favor of Kelly Davis and Amber Davis based on Texas Property Code Section 5.077. The Smiths raise fourteen issues on appeal. We affirm in part, reverse and render in part, and reverse and remand in part.
BACKGROUND
The Smiths own the Tall Oaks Estates Subdivision in Van Zandt County, Texas. In 2003, Rex Smith signed a contrac... More...
   $0 (02-18-2015 - TX)

In the Interest of A.T., a Child

For twelve years, Anthony1 was almost totally uninvolved in the life of his son, A.T. After A.T. was removed from his mother’s home for neglect and Anthony continued his years- long pattern of nonsupport and noninvolvement, he lost his parental rights to A.T. in a bench trial in Gregg County.2 On appeal, Anthony challenges the legal and factual sufficiency of the evidence to support the trial co... More...   $0 (02-18-2015 - TX)

United States of America v. Raymond Estrada

CORPUS CHRISTI, TX - Raymond Estrada, 35, of Corpus Christi, has been ordered to serve a significant sentence following his conviction of possession with intent to distribute crack cocaine and the court’s finding that he was a career offender. He pleaded guilty Nov. 3, 2014. Estrada was on serving a term of supervised release following a 2008 conviction at the time he committed the offense charg... More...   $0 (02-18-2015 - TX)

Mary Moczygemba v. Thomas J. Moczygemba and Harry Lee Moczygemba

Mary Moczygemba appeals the trial court’s granting of summary judgment in favor of her sons Thomas J. Moczygemba and Harry Lee Moczygemba. According to Mary, the trial court erred in determining that the statute of limitations barred her claims for breach of fiduciary duty. We affirm.
BACKGROUND
Appellant Mary Moczygemba (“Mary”) is the mother of Appellees Thomas J. Moczygemba and Ha... More...
   $0 (02-18-2015 - TX)

State of Washington v. Agyei Jumaane McDaniel

Agyei McDaniel appeals his convictions for second degree murder and
second degree unlawful possession of a firearm. He argues, among other things, that the felony
murder statute is ambiguous regarding whether assault is a predicate offense and therefore the
rule of lenity requires his conviction be reversed. In the published portion of this opinion, we
hold that the felony murder s... More...
   $0 (02-18-2015 - WA)

United States of America v. Joshua Hippler

TYLER, TX – A former employee of an East Texas hospital has been sentenced to federal prison for criminal HIPAA violations in the Eastern District of Texas. Joshua Hippler, 30, formerly of Longview, Texas, pleaded guilty on Aug. 28, 2014, to wrongful disclosure of individually identifiable health information and was sentenced to 18 months in federal prison today by U.S. District Judge Leonard Da... More...   $0 (02-17-2015 - TX)

United States of America v. Jeremy James Wimberly

BEAUMONT, TX – A 38-year-old Vinton, Louisiana man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas. Jeremy James Wimberly was found guilty by a jury on Sep. 5, 2014 of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, use of a firearm during a drug trafficking crime and bei... More...   $0 (02-17-2015 - TX)

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