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Intent Law
The People v. Gene Estel McCurdy

A jury convicted defendant Gene Estel McCurdy of the first degree murder (Pen. Code, § 187, subd. (a)),1 kidnapping (§ 207, subd. (a)), and kidnapping with the purpose to commit a lewd act on a child under 14 years old (§ 207, subd. (b)) of Maria Piceno. The jury found true the special circumstance allegation of kidnapping murder. (§ 190.2, subd. (a)(17)(B).) The jury returned a verdict of dea... More...   $0 (08-14-2014 - CA)

The People v. Kelvyn Rondell Banks

Defendant Kelvyn Rondell Banks was convicted by a jury in 1998 of two counts of first degree murder (Pen. Code, § 187; all further statutory references are to the Penal Code unless otherwise indicated), one count of attempted murder (§§ 187, subd. (a), 664), one count of forcible rape (§ 261, subd. (a)(2)), one count of forcible oral copulation (§ 288a, subd. (c)), one count of first degree r... More...   $0 (08-14-2014 - CA)

The People v. Richard Tom

On a clear evening in February 2007, defendant Richard Tom broadsided at high speed a vehicle driven by Loraine Wong, who was making a left turn from Santa Clara Avenue onto Woodside Road in Redwood City. Wong‘s younger daughter, Sydney Ng, eight, was killed; her older daughter, Kendall Ng, 10, sustained serious injuries. The evidence at trial showed that defendant did not brake prior to the cra... More...   $0 (08-14-2014 - CA)

Scott Carlton v. Dr. Pepper Snapple Group, Inc.

In a second amended complaint (SAC), plaintiff and appellant Scott Carlton (Carlton) sued defendants and respondents (1) Dr. Pepper Snapple Group, Inc. (Dr. Pepper); (2) Mott’s LP (Mott’s); (3) Larry D. Young (Young); (4) Caesar Vargas (Vargas); and (5) Graham Bailey (Bailey). The causes of action included (a) wrongful termination against Dr. Pepper and Mott’s; (b) sex discrimination against... More...   $0 (08-14-2014 - CA)

The People v. John Gilbert Deluca

Defendant, John Gilbert Deluca, appeals from his conviction for violating Penal Code section 290.011, subdivision (b).1 The trial court found true prior conviction allegations within the meaning of sections 667, subdivisions (b) through (i), 667.5, subdivision (b) and 1170.12. Defendant was sentenced to seven years, eight months in state prison. We affirm the judgment.
A transient sex offender... More...
   $0 (08-14-2014 - CA)

In re M.G., a Person Coming Under the Juvenile Court Law.

A petition under Welfare and Institutions Code section 602 charged appellant M.G. with felony carrying of a concealed firearm on his person. Following the juvenile court’s denial of his motion to suppress evidence, appellant entered an admission he committed the charged offense, but declined to stipulate the offense was a felony rather than a wobbler. The trial court found otherwise, declared a ... More...   $0 (08-14-2014 - CA)

Leif James Putnam v. Mary F. Iverson and Gregory W. Abbott

Appellant Leif James Putnam appeals the grant of the appellees’ plea to the jurisdiction and the dismissal of his claims with prejudice. Because Putnam’s claims against appellees Mary Iverson and Attorney General Gregory W. Abbott in their official capacities1 are either moot or precluded by sovereign immunity, we
1 Appellee Iverson was sued in her official capacity as an “Authorized Age... More...
   $0 (08-14-2014 - TX)

United States of America v. Joshua Ray Higgins

Muskogee, OK - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that JOSHUA RAY HIGGINS, age 27, of Muskogee, Oklahoma, was sentenced to 60 months imprisonment, followed by 4 years of supervised release for Possession with Intent to Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B).

The charge... More...
   $0 (08-14-2014 - OK)

United States of America v. Daniel Ray Johnson

Muskogee, OK - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that DANIEL RAY JOHNSON, age 32, of McAlester, Oklahoma, was sentenced to 168 months imprisonment, followed by 5 years of supervised release for Possession with Intent to Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A).

The char... More...
   $0 (08-14-2014 - OK)

In the Interest of K.N.D., a Child

Appellant A.D. appealed the trial court’s decree terminating her parental rights to her daughter, K.N.D. In three issues, A.D. argued that the evidence was insufficient to support the termination of her parental rights and the appointment of the Texas Department of Family and Protective Services as sole managing conservator.
Following prior precedents of this court, we previously held ... More...
   $0 (08-14-2014 - TX)

STATE OF IOWA, Plaintiff-Appellee, vs. KENDALL LEE WARE, Defendant-Appellant.

Kendall Lee Ware appeals his conviction for homicide by vehicle by operating while intoxicated, in violation of Iowa Code sections 321J.2 and 707.6A(1) (2011). Ware claims the district court erred in refusing to instruct on homicide by vehicle by reckless driving as a lesser included offense. See Iowa Code §§ 321.277, 707.6A(2)(a). We find homicide by vehicle by reckless driving is not a lesser ... More...   $0 (08-14-2014 - IA)

United States of America v. Steven Lee Gill

PORTLAND, OR - U. S. District Judge Marco A. Hernandez sentenced Portland-area man, Steven Lee Gill, to 188 months in federal prison on August 13, 2014. In January 2014, Gill pleaded guilty to possession with intent to distribute methamphetamine. His sentence was increased because he was found to be a “career offender,” under federal sentencing law, based on his lengthy criminal history that... More...   $0 (08-13-2014 - OR)

V.L.M. v. Kevin Lee Miley

2 Respondent appeals from a judgment entering a permanent stalking
3 protective order (SPO) against him. He contests the sufficiency of the evidence
supporting the SPO.1 4 Because this is not an "exceptional case" warranting de novo
5 review, we review the trial court's factual findings for "any evidence" and its legal
6 conclusions for errors of law. Travis v. Strubel, 238 Or App ... More...
   $0 (08-13-2014 - OR)

Kevin Rains v. Stayton Builders Mart, Inc.

2 Plaintiffs Kevin and Mitzi Rains filed an action against several parties
3 seeking damages for injuries sustained by Kevin when a board on which he was standing
4 broke, causing him to fall 16 feet to the ground. Kevin, who was working as a
5 subcontractor on a construction project, sustained a thoracic T12 vertebrae burst fracture
6 that resulted in paraplegia. Kevin brought cla... More...
   $0 (08-13-2014 - OR)

Christopher Joel Davey v. Margarett Jordan Royalties, Inc., et al

Christopher Joel Davey appeals from an adverse summary judgment rendered in his suit against numerous oil companies in an attempt to recover land that once belonged to his deceased father. In five issues, Davey contends that the orders rendered in the temporary administration of his father’s estate are void for want of jurisdiction, the deeds purportedly conveying property to Margarett Jordan Ro... More...   $0 (08-13-2014 - TX)

In the Estate of Edythe A. Miller

Richard Miller appeals the trial court’s denial of his amended claim in the probate proceeding of his mother, Edythe A. Miller. Richard’s siblings, Mary Margaret Miller and Joseph Michael Miller, are the appellees. In two issues, Richard contends the trial court’s letter ruling precluded his opportunity to request further findings of fact and conclusions of law and the trial court erred in d... More...   $0 (08-13-2014 - TX)

Whataburger Restaurants LLC v. Yvonne Cardwell

Whataburger Restaurants LLC, Appellant, brings this interlocutory appeal of the trial court’s order denying Whataburger’s motion to compel arbitration and motion to dismiss Yvonne Cardwell’s personal injury suit. We reverse the trial court’s order and remand with instructions.
As a condition of employment, Whataburger employees are subject to the arbitration “policy”... More...
   $0 (08-13-2014 - TX)

United States of America v. Kenneth Wayde Elkins

Muskogee, OK - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that KENNETH WAYDE ELKINS, age 56, of McAlester, Oklahoma, was sentenced to 10 months imprisonment, followed by 1 year of supervised release, a fine of $10,000.00 per count, $393.23 in restitution and is required to register as a sex offender for three counts of Video Voyeurism, in violation of Tit... More...   $0 (08-13-2014 - OK)

Carlo Bazan and Denise Bazan individually and d/b/a Vamp Ultra Lounge & Cafe, LLC v. Luis A. Munoz Jr.

Carlo Bazan and Denise Bazan, who are married, went into business with their long-time friend, Luis Muñoz. The Bazans and Muñoz opened a restaurant and bar in Laredo, Texas, called Vamp Ultra Lounge & CafĂ©. Two years later, Muñoz sued the Bazans, alleging they had wrongfully taken money from the business. A jury found in favor of Muñoz on his claims for breach of contract, breach of fiduciary... More...   $0 (08-13-2014 - TX)

STATE OF IOWA, Plaintiff-Appellee, vs. RICARLESS L. LIPSEY, Defendant-Appellant.

Ricarless Lipsey appeals his judgment and sentence for possession of marijuana with intent to distribute, as a second and habitual offender, and eluding as an habitual offender. He contends (1) there was insufficient evidence to support the jury’s finding that he possessed marijuana with the intent to deliver; (2) the district court abused its discretion in allowing the State to amend its trial ... More...   $0 (08-13-2014 - IA)

STATE OF IOWA, Plaintiff-Appellee, vs. JUSTIN DONALD HUFFMAN, Defendant-Appellant.

Justin Huffman appeals his conviction and sentence for theft in the second degree, pursuant to Iowa Code sections 714.1(1) and 714.2(2) (2011). Huffman maintains there was insufficient evidence to support the guilty verdict. He also maintains the district court erred by accepting inconsistent verdicts. Because we find substantial evidence supports Huffman’s conviction and the verdicts were not l... More...   $0 (08-13-2014 - IA)

IN RE THE MARRIAGE OF AMY L. SCHMADEKE AND THOMAS Z. SCHMADEKE Upon the Petition of AMY L. SCHMADEKE, Petitioner-Appellant, And Concerning THOMAS Z. SCHMADEKE, Respondent-Appellee.

Thomas and Amy Schmadeke married in 1994. Four children and eighteen years later, in October 2012, Amy filed her petition for dissolution of marriage, requesting, among other things, child support, an award of spousal support, and an award of attorney’s fees. The district court awarded Amy child support in the amount of $1162 per month, spousal support in the amount of $1000 for sixty months, an... More...   $0 (08-13-2014 - IA)

STATE OF IOWA, Plaintiff-Appellee, vs. KENNETH DONJUARE ALFONZO MAY, Defendant-Appellant.

Kenneth Donjuare Alfonzo May appeals his sentences imposed by the district court.1 He contends the district court abused its discretion by failing to recite adequate reasons. Because we find the district court properly exercised its discretion and provided sufficient reasons for the sentence, we affirm.
I. Background Facts and Proceedings.
On June 28, 2013, May was charged with eight count... More...
   $0 (08-13-2014 - IA)

IN THE INTEREST OF J.D. AND E.D., Minor Children, Z.D., Father, Appellant.

The father appeals the termination of his parental rights to his children, J.D. and E.D. He asserts that, because the State did not petition that his rights should be terminated under Iowa Code section 232.116(1)(h) (2013), the juvenile court improperly found termination warranted on that paragraph. He further argues that the requirements for termination were not met, because the children were nev... More...   $0 (08-13-2014 - IA)

In the Interest of A.M.M.

A mother appeals from the order terminating her parental rights. She contends the evidence failed to prove she abandoned the child or that termination is in the best interest of the child. We conclude the district court properly terminated the mother’s parental rights on the ground of abandonment under Iowa Code section 600A.8(3)(b) (2011). We conclude termination of the mother’s parental righ... More...   $0 (08-13-2014 - IA)

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