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Intent Law
United States of America v. Michael Sean Crist

BOISE, ID – Michael Sean Crist, 46, of Boise, Idaho, was sentenced in United States District Court to 44 months in prison followed by three years of supervised release for unlawfully possessing ammunition, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Crist to forfeit the firearm and ammunition involved in the offense.

According to the plea agr... More...
   $0 (07-14-2014 - ID)

Maria G. Flores v. County of Los Angeles and Lee Baca

Plaintiff Maria Flores alleges that after she received a
traffic ticket, she drove to a Los Angeles County vehicle
inspection site to clear the ticket. There, she alleges, she was
sexually assaulted by a deputy sheriff, who is to date
unidentified. She now sues the County and its sheriff Lee
Baca, claiming the assault was a proximate result of their
failure properly to trai... More...
   $0 (07-14-2014 - CA)

Lynette Wilson v. City of Chicago

This case arises out of the fatal shooting of Raul Barriera by a Chicago police officer. Barri-era’s mother, Lynette Wilson, filed suit on behalf of herself and Barriera’s estate against the City of Chicago and the of-ficers who were present at the scene: Andrew Hurman, Da-vid Cummens, and Donald Jerome. Wilson ultimately as-serted the following claims at trial: (1) a claim against the po-lice... More...   $0 (07-14-2014 - IL)

United States of America v. Malcolm Garrett, Jr.

After entering into a Rule 11(c)(1)(C) plea agreement with the
government, Malcolm Garrett pleaded guilty to one count of conspiracy to distribute more than
50 grams of crack cocaine, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A)(iii). The district
court sentenced Garrett to 151 months of imprisonment, which was the bottom end of his
guideline range as calculated in his PSR a... More...
   $0 (07-14-2014 - MI)

Tobia Romero Quitanilla v. Eric H. Holder, Jr.

Petitioner Tobia Romero Quitanilla, a native of El Salvador, sought discretionary relief from removal by way of a special rule cancellation under the Nicaraguan Adjustment and Central American Relief Act of 1997 (the “NACARA”).1 An Immigration Judge (the “IJ”) denied Quitanilla’s request, ruling that he was ineligible for relief because of the “persecutor bar,” codified at 8 U.S.C. ... More...   $0 (07-14-2014 - VA)

United States of America v. Torrance Jones a/k/a Tube

Torrance Jones was convicted in 1996 on federal cocaine trafficking charges and sentenced to 360 months’ imprisonment. His sentence was enhanced by, among other things, two prior Florida state court convictions. Following his sentencing and appeal, Jones filed a motion under 28 U.S.C. § 2255 in October 2000 for post-conviction relief, which the district court denied. We dismissed Jones’s subs... More...   $0 (07-14-2014 - NC)

Frederick M> Abrams v. Department of Public Safety, State of Connecticut

On appeal, Plaintiff‐Appellant Frederick M. Abrams (“Abrams”)
challenges a March 31, 2012 order of the United States District Court for the
District of Connecticut (Robert N. Chatigny, Judge) and a December 5, 2012 jury
verdict (Charles B. Kornmann, Judge). Abrams brought claims under 42 U.S.C.
§ 1983 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.... More...
   $0 (07-14-2014 - NY)

Friends of Merrymeeting Bay and Environment Maine v. Hydro Kennebec, LLC

Two conservation groups, Friends
of Merrymeeting Bay and Environment Maine (collectively,
"Plaintiffs"), brought two citizen enforcement suits containing
claims under the Endangered Species Act ("ESA"), 16 U.S.C.
§§ 1531–1544, and the Clean Water Act ("CWA"), 33 U.S.C.
§§ 1251–1387, against Hydro Kennebec, LLC, Brookfield Power US
Asset Management, LLC, Merimil Limi... More...
   $0 (07-14-2014 - ME)

R. Wayne Klein v. King & King & Jones

R. Wayne Klein (“Mr. Klein” or “Receiver”), the court-appointed receiver for
Winsome Investment Trust (“Winsome”), filed this action to recover funds paid from
Winsome to King & King & Jones, P.C. (“KKJ”). The district court granted
summary judgment in favor of the Receiver. KKJ appeals, and we affirm.
* After examining the briefs and appellate record, this panel ha... More...
   $0 (07-14-2014 - UT)

Theresa Huck v. Wyeth, Inc. d/b/a Schwarz Pharma,Inc. and PLIVA, Inc.

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain... More...   $0 (07-11-2014 - IA)

The People v. Derrick Myers

Derrick Myers appeals from a judgment entered following a jury trial in which he was convicted of second degree robbery of a motel, contending evidence of a prior robbery was inadmissible to prove common plan or design, intent, or absence of mistake under Evidence Code section 1101, subdivision (b). Myers also contends oral testimony of the contents of a surveillance video showing the robbery cons... More...   $0 (07-11-2014 - CA)

The People v. Randy Thanh Huynh

The issue in this case is simply, what does “previously convicted” in
Penal Code section 667.61, subdivision (d)(1), mean (all further statutory references are to the Penal Code)? The Orange County District Attorney argues “previously convicted” means a defendant was convicted of a qualifying offense but it is immaterial whether the qualifying offense occurred before or after the... More...
   $0 (07-11-2014 - CA)

The People v. Eric Dayshawn Speight

Eric Dayshawn Speight appeals from a judgment after a jury convicted him of two counts of premeditated, willful, and deliberate attempted murder and found true various enhancements. Speight argues the following: (1) the prosecutor committed prejudicial misconduct when she misstated the law concerning homicide and the error was compounded by the trial court’s statements and omission of an instruc... More...   $0 (07-11-2014 - CA)

Cindy Lee Garcia v. Google, Inc.

While answering a casting call for a low-budget amateur
film doesn’t often lead to stardom, it also rarely turns an
aspiring actress into the subject of a fatwa. But that’s exactly
what happened to Cindy Lee Garcia when she agreed to act
in a film with the working title “Desert Warrior.”
The film’s writer and producer, Mark Basseley
Youssef—who also goes by the ... More...
   $0 (07-11-2014 - CA)

Wallace Debes v. General Star Indemnity Company

Appellant Wallace Debes challenges the trial court’s summary judgment in
favor of appellee General Star Indemnity Company (“General Star”). In one issue,
Debes asserts that the trial court erred in granting summary judgment in favor of
General Star on Debes’s breach of contract claim because genuine issues of
material fact exist as to whether Debes was a third-party benefic... More...
   $0 (07-10-2014 - TX)

The People v. Darlene A. Vargas

We consider in this case whether two prior convictions arising out of a single act against a single victim can constitute two strikes under the Three Strikes law. We conclude they cannot.
The consequences in this state of repeated criminal conduct changed dramatically in 1994. First the Legislature,1 and then the electorate,2 introduced into this state‘s jurisprudence what i... More...
   $0 (07-10-2014 - CA)

The People v. Lance Lamont Jernigan

Defendant, Lance Lamont Jernigan, is subject to two concurrent 25-year-to-life sentences. Defendant seeks to have his indeterminate sentences recalled and be resentenced to a determinate term pursuant to Penal Code1 section 1170.126, subdivision (f). The trial court ruled defendant’s prior serious felony conviction for attempted forcible oral copulation disqualified him from seeking resentencing... More...   $0 (07-10-2014 - CA)

S.J. v. The State of Texas

In one issue, appellant S.J. appeals the trial court’s order denying his petition for expunction of records concerning his arrest for aggravated assault.1 On an issue of first impression in this court, we conclude that chapter 55 of the code of criminal procedure authorizes expunction of records concerning an arrest
1See Tex. Code Crim. Proc. Ann. arts. 55.01, .02, § 3(a) (West Supp. 2013).... More...
   $0 (07-10-2014 - TX)

Bruce I. Schimmel v. Gary McGregor, Teri McGregor, Kris Hall, Soledad Pineda, Larry Bishop, Cynthia Bishop, George Clark, Deborah Clark, and Carol Severance

In this interlocutory appeal, appellees Gary McGregor, Teri McGregor, Kris Hall, Soledad Pineda, Larry Bishop, Cynthia Bishop, George Clark, Deborah
Clark, and Carol Severance (collectively, “the Buy-Out Owners”), sued Bruce Schimmel, an attorney hired by The Sands of Kahala Beach HOA, Inc. (“SOKB”), the homeowners’ association for the subdivision in which the Buy-Out Owners li... More...
   $0 (07-10-2014 - UT)

Beau David Price v. Texas Alcoholic Beverage Commission, Alan Steen, Joel Moreno, Rod Venner, and Andy Pena

Beau David Price sued his former employer, the Texas Alcoholic Beverage Commission (“TABC”) and several officials, Alan Steen, Joel Moreno, Rod Venner, and Andy Pena (collectively “Appellees”), alleging that his termination
violated his constitutional rights of equal protection, free speech, and due course of law. The trial court granted Appellees’ plea to the jurisdiction, and... More...
   $0 (07-10-2014 - TX)

United States of America v. Arnoldo Lopez a/k/a “Looney”

San Antonio, TX - Arnoldo Lopez (a.k.a. “Looney”), age 25, a member of the Duffle Bag Mafia in San Antonio, was sentenced to 40 years in federal prison for various drug and firearms offenses announced United States Attorney Robert Pitman, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Robert Elder, Houston Division and Homeland Security Investigations (HSI) ... More...   $0 (07-09-2014 - TX)

United States of America v. Hui Hsiung, AKA Kuma

This criminal antitrust case stems from an international
conspiracy between Taiwanese and Korean electronics
manufacturers to fix prices for what is now ubiquitous
technology, Liquid Crystal Display panels known as “TFTLCDs.”
1 After five years of secret meetings in Taiwan, sales
worldwide including in the United States, and millions of
dollars in profits to the partici... More...
   $0 (07-09-2014 - CA)

Mickey Lee Dilts v. Penske Logistics, LLC

Plaintiffs, a certified class of drivers employed by
Defendants Penske Logistics, LLC, and Penske Truck
Leasing Co., L.P., appeal from a judgment dismissing their
claims under California’s meal and rest break laws. The
district court held on summary judgment that the Federal
Aviation Administration Authorization Act of 1994
(“FAAAA”) preempts those state laws as appli... More...
   $0 (07-09-2014 - CA)

In the Interest of N.M.D, R.I.D., and G.T.D.

Skye Dicker appeals the trial court’s order modifying the amount of his child support payment. After finding that Dicker was intentionally underemployed, the trial court increased the child support payment. We affirm the trial court’s order.
Skye and Diana Dicker were divorced in 2008. The divorce decree named Diana as primary joint managing conservator of their three childr... More...
   $0 (07-09-2014 - TX)

Kelly Walls v. Daniel Klein

Kelly Walls appeals the trial court’s judgment granting a permanent injunction in favor of Daniel Klein and awarding him damages for his breach of contract and defamation claims. On appeal, Walls contends: (1) Klein’s attorney engaged in incurable improper jury argument; (2) the trial court erred in admitting an exhibit that was not properly authenticated; (3) the injunction is unsupported by ... More...   $0 (07-09-2014 - TX)

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