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Intent Law
United States of America v. Benny Dennis

WICHITA FALLS, TX — A Wilbarger County man, who possessed methamphetamine with the intent to distribute it, was sentenced by U.S. District Judge Reed C. O’Connor to a lengthy federal prison term. Benny Dennis, 54, of Electra, Texas, was sentenced to 40 years in federal prison at a sentencing hearing held yesterday in federal court in Wichita Falls, Texas. Dennis pleaded guilty on September 30,... More...   $0 (04-14-2015 - TX)

United States of America v. Shakira Wells

DALLAS — A 31-year-old woman, who stole nearly $65,000 from several federal programs, and in some instances, stole others’ identities to commit the thefts, was sentenced today, announced Acting U.S. Attorney John R. Parker of the Northern District of Texas.

Shakira Wells, who was a Dallas resident when she committed many of the offenses, was sentenced by U.S. District Judge Sam A. Lin... More...
   $0 (04-14-2015 - TX)


Appellants, the Ysleta Independent School District (“Yselta”) and the
Commissioner of Education (the “Commissioner”), appeal the trial court’s judgment
reversing the Commissioner’s decision that Yselta’s requirements for teacher’s lesson
plans do not violate section 11.164 of the Texas Education Code. See TEX. EDUC. CODE
ANN. § 11.164 (West, Westlaw through 2... More...
   $0 (04-13-2015 - TX)

United States of America v. Peter Barclay

ROCHESTER, N.Y. – U.S. Attorney William J. Hochul announced today that Peter Barclay, 31, of Rochester, NY, who was convicted of possession of heroin with intent to distribute and being a convicted felon in possession of a firearm, was sentenced to 78 months in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated t... More...
   $0 (04-13-2015 - NY)

United States of America v. José Avilés-Vega

This case presents an unusual twist
on the not uncommon question of whether to suppress the results of
a search based on information of a firearms sighting provided by an
individual unknown to the police who provides no self-identifying
Acting on information provided by an anonymous caller,
police officers frisked José Avilés-Vega after ordering him to getMore...
   $0 (04-13-2015 - PR)

In re: Tung Thanh Nguyen; Pamela S. Nguyen

Chapter 7 bankruptcy trustee Carl Davis appeals from a decision by the U.S.
Bankruptcy Court for the District of Kansas (Bankruptcy Court), which was affirmed
by the U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP). Davis sought to
avoid, as a fraudulent conveyance, debtor Tung Nguyen’s transfer to his sister of his
interest in a piece of real property. Both the Bankrup... More...
   $0 (04-13-2015 - KS)

Idiris Sharif Hassan v. Robert L. Rock

In this personal injury case, appellant Idiris Sharif Hassan appeals from the trial court’s
judgment awarding him $212,136.64 in damages along with pre-judgment and post-judgment
interest and court costs. In two issues on appeal, Hassan challenges the trial court’s decision to reduce
the damages award by Hassan’s percentage of responsibility. We will affirm the trial court’s ju... More...
   $0 (04-10-2015 - TX)

Daniel Enrique Guevara-Vilca v. State of Florida

Daniel Guevara-Vilca appeals his convictions for possession of child
pornography. Owing to a discovery violation by the State, we reverse and remand for a
new trial.
- 2 -
Evidence at Guevara-Vilca's jury trial reflected that in early 2010, a
detective with the Collier County Sheriff's Office was investigating the dissemination of
child pornography through Internet peer-to-... More...
   $0 (04-10-2015 - FL)

Michael E. Siluk, Jr. v. Catherine Merwin

We are asked to interpret provisions of the Prison Litigation Reform Act (“PLRA”) requiring federal prisons to withdraw certain amounts from prisoner trust accounts to pay
1 The attorneys for the appellant are appearing pro bono following a prior order granting appellant’s motion to proceed in forma pauperis. The judges of this court express our gratitude to those attorneys for accepting... More...
   $0 (04-10-2015 - PA)

Adoption of Emilio G., a minor (Oscar G. v. Andrew L.)

Andrew L. (Andrew) is the biological father of Emilio G. who was born in July 2013. Katherine O. (Katherine) is Emilio’s biological mother. Andrew and Katherine never married. Katherine became pregnant with Emilio a few months after she and Andrew began dating in August 2012. Their relationship was not smooth. By April 2013, Andrew and Katherine had broken up, with Andrew confirming the break up... More...   $0 (04-10-2015 - CA)

United States of America v. Ruben Sahagun-Gallegos aka Ruben Gallegos Sahagun, aka Ruben Sahungun-Gallegos

We consider in this case whether, consistent with
Descamps v. United States, 133 S. Ct. 2276 (2013), a
sentencing court conducting the modified categorical
approach may rely on a defense attorney’s statement of the
factual basis for a guilty plea and use the process of
elimination to determine which subsection of a divisible
statute the defendant pleaded guilty to violati... More...
   $0 (04-10-2015 - AZ)

Quinton Lee Amey v. Robert Patton

Quinton Lee Amey was convicted in Oklahoma state court of feloniously
pointing a firearm and possessing a firearm after a former felony conviction. His
28 U.S.C. § 2254 habeas petition was denied by the district court. Proceeding pro se
and wanting to appeal from the denial, he requests a certificate of appealability
(COA) to appeal. We deny the request and dismiss this matter.More...
   $0 (04-10-2015 - OK)

Jeremy Alan Williams v. Anita Trammell

In this habeas case, Jeremy Alan Williams challenges his Oklahoma conviction for
first-degree murder and his accompanying sentence of death. The district court denied
- 2 -
relief but issued a certificate of appealability, giving Williams the ability to appeal his
claims of ineffective assistance of counsel. In addition, this court also agreed to hear
Williams’s sufficiency-o... More...
   $0 (04-10-2015 - OK)

State of Oklahoma v. Hillard Andrew Fulgham aka Hilly

Tulsa, OK - The State of Oklahoma charged Hillard Andrew Fulgham aka Hilly with two counts of first-degree murder in violation of 21 O.S. 701.7. The information filed by the States alleged the following:

21 0.5. 701.7
HILLIAItD A. FULGIIAM H, on or between 1/1/2004 and 1/4/2004, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the... More...
   $0 (04-10-2015 - OK)

In the Interest of E.L., M.R., and H.R., Children

Appellant, R.R., contends by seven issues that the evidence was insufficient to
support the trial court’s judgment involuntarily terminating his parental rights with respect
to M.R. and H.R.1 We affirm.
1 We refer to appellant and the children by their initials in accordance with rule of appellate
procedure 9.8. See TEX. R. APP. P. 9.8(b)(2) (providing that, in an appeal arising ... More...
   $0 (04-09-2015 - TX)

United States of America v. Ryan Edward Lee

BILLINGS, MT – In a hearing in Billings today, U.S. District Judge Susan Watters sentenced Ryan Edward Lee, 32, of Fairview, to 270 months in prison followed by 5 years supervised release in connection to his November 2014 guilty plea to conspiracy to possess with the intent to distribute methamphetamine and carrying a firearm during and in relation to a drug trafficking offense.

In ple... More...
   $0 (04-09-2015 - MT)

In Re Commitment of Joel Lopez

The State of Texas filed a petition to civilly commit Joel Lopez as a sexually violent predator. See Tex. Health & Safety Code Ann. §§ 841.001-.151 (West 2010 & Supp. 2014) (“the SVP statute”). A jury found that Lopez is a sexually violent predator, and the trial court rendered a final judgment and an order of civil commitment. In five appellate issues, Lopez contends the State’s original ... More...   $0 (04-09-2015 - TX)

In the Matter of the Compensation of Gary D. Sather, Claimant v. Saif Corporation

The decision of the Court of Appeals is reversed, and the
case is remanded to that court for a determination of the
merits of the petition for judicial review.
* Judicial review from Amended Opinion and Order from Workers’ Compensation
Board dated January 20, 2011. 262 Or App 597, 325 P3d 819 (2014).
Cite as 357 Or 122 (2015) 123
The personal representa... More...
   $0 (04-09-2015 - OR)

R.D. Tips, Inc. v. Virginia Jett

R.D. Tips, Inc. appeals the trial court’s order granting summary judgment in favor
of Virginia Jett on Jett’s claim for breach of a guaranty. In two issues, Tips contends that (1) the
trial court erred by granting summary judgment because there was a genuine issue of material fact
regarding its affirmative defense that it was fraudulently induced into executing the guaranty
and... More...
   $0 (04-09-2015 - TX)

United States of America v. Rafaiel Ivey

ABINGDON, VIRGINIA – Acting United States Attorney Anthony P. Giorno announced today that two federal inmates currently serving federal prison sentences have been sentenced to serve additional federal time after they conspired to possess with the intent to distribute heroin while housed at the United States Penitentiary Lee.

Rafaiel Ivey, 38, and Trent Antwine, 50, were sentenced in th... More...
   $0 (04-09-2015 - VA)

United States of America v. Fernando Glenn

ABINGDON, VIRGINIA – Acting United States Attorney Anthony P. Giorno announced today that two federal inmates have been sentenced to serve additional federal jail time after they possessed and attempted to possess cell phones and tobacco while housed at the United States Penitentiary Lee and the adjoining Satellite Prison Camp.

Fernando Glenn, 32, and Robert Wilson, 40, were sentenced ... More...
   $0 (04-09-2015 - VA)

R.J. Reynolds Tobacco Company v. Lyantie Townsend

The Appellant, R. J. Reynolds Tobacco Company, appeals an order entered by the trial court that denied its motion to determine the interest rate payable on judgment. The Appellant argued that the 2011 amendment to section 55.03 applied to any post-judgment interest accrued after the date the 2011 amendment became effective. The trial court disagreed and found that the 2010 version of section 55.03... More...   $0 (04-09-2015 - FL)

Evelina Cuenca v. Nova Southeastern University and New York Rick Services Group, Inc.

In this workers’ compensation case, Claimant argues that the Judge of Compensation Claims (JCC) erred in failing to approve a stipulation whereby the Employer/Servicing Agent (E/SA) would pay Claimant’s attorney a $1,500
attorney’s fee, under section 440.34(3)(a) and (7), Florida Statutes (2013), and reimburse costs in the amount of $275. Because the record does not support the JCC’s r... More...
   $0 (04-09-2015 - FL)

Ram's Gate Winery, LLC v. Joseph G. Roche

Appellant Ram’s Gate Winery, LLC (Ram’s Gate) bought a property in Sonoma County from respondents Joseph G. and Genevieve Roche (the Roches) upon which it intended to build a new winery. The sellers had agreed in the “Purchase and Sale Agreement” (Purchase Agreement) to disclose facts having a “material effect on the value of the ownership or use of the Property,” including geological ... More...   $0 (04-09-2015 - CA)

Stephen Paul v. Richard Patton

The decedent, Gilbert Paul, retained attorney Richard Patton to draft an amendment to his revocable living trust. The decedent signed the “Trust Amendment,” which, as drafted by Patton, named the decedent’s wife, Helen, and his children, Stephen Paul, David Paul, Alan Paul, and Nancy Dybdahl as beneficiaries. Stephen and David Paul also are the successor trustees of the trust. Following the ... More...   $0 (04-09-2015 - CA)

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