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Intentional Law
 
State of Tennessee v. Mario Donte Keene Mario Keene Sentenced To Life In Prison

Amanda Harris, who was charged with felony murder for her participation in the victim’s death, testified at trial that, prior to her participation in the offenses at issue, she was addicted to crack cocaine and Xanax. She stated that she had taken drugs since she was in the eighth grade and that she had previously been convicted of theft, domestic violence, and reckless endangerment with the use ... More...   $0 (01-13-2018 - TN)

State of Wisconsin v. Michael L. Washington Wisconsin Supreme Court

The petitioner, Michael L. Washington ("Washington"), seeks review of a published court of
appeals decision affirming his judgment of conviction and the
circuit court's order denying his postconviction motion.1 He
asserts that the court of appeals erred in determining that, by his conduct, he waived his statutory right to be present at trial.

Washington specifically cont... More...
   $0 (01-13-2018 - WI)

Jered Sasen v. Richard V. Spencer District of Massachusetts Federal Courthouse - Boston, Massachusetts

This case, which pits a retired
petty officer against the United States Navy, is awash with novel
legal questions concerning the application and operation of
Article 31 of the Uniform Code of Military Justice (UCMJ). These
questions center on Article 31(b), which requires that a sailor
suspected of an offense be warned both that he need not make any
statement regarding that... More...
   $0 (01-12-2018 - MA)

STATE OF SOUTH DAKOTA v. RUSSELL RAY BERTRAM

To escape abject poverty, Leonila Stickney came to the United States from the Philippines in 2004 as the 22-year-old, mail-order bride of 73-year-old David Stickney (“Stickney”). In October of the same year, Stickney and Leonila had a son. The three lived together in Bridgewater, where Leonila worked at a nursing home. Every month, Leonila sent $300 of her earnings to help support her family st... More...   $0 (01-11-2018 - )

Evertee Simmons and Dontell Stephens v. Ric Bradshaw, Palm Beach Sheriff Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during
an encounter in West Palm Beach, Florida, on September 13, 2013. As a result,
Stephens now suffers from permanent paralysis.
In an action brought against Deputy Lin as an individual and Sheriff Ric
Bradshaw in his official capacity as the sheriff of Palm Beach County, the district
court granted summary jud... More...
   $0 (01-11-2018 - FL)

Leapers, Inc. v. SMTS, LLC and Sun OPtics, USA Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiff Leapers, Inc. appeals the district court’s entry of
summary judgment for Defendant Sun Optics USA in Plaintiff’s case alleging trade dress
infringement under the Lanham Act, 15 U.S.C. § 1051, et seq. For the reasons set forth below,
we VACATE the district court’s judgment and REMAND the case for further proceedings.
BACKGROUND
Plaintiff Leapers, Inc. makes adjustable ... More...
   $0 (01-10-2018 - MI)

STATE OF NORTH CAROLINA v. JONATHAN KEITH MALLOY Fatal hit and run suspect arrested

Where the essential elements of hit and run resulting in death necessarily
include the essential elements of hit and run resulting in injury, the trial court did
not err by submitting to the jury and entering judgment upon conviction for felonious
hit and run resulting in injury.
On 1 January 2010, defendant Jonathan Keith Malloy called his girlfriend,
Sandra Hoover, to le... More...
   $0 (01-10-2018 - NC)

State of Tennessee v. Trevial Moss Jury Convicts Man in Aggravated Robbery Case

The Defendant’s trial began on February 29, 2016, and continued through March 2, 2016. Phillip Finney, the victim, testified that on August 7, 2014, he was “assaulted and pistol whipped and robbed by two individuals.” The victim was walking down the street and encountered a woman named “Latonya” or “Tonya” whom he had previously seen arguing with two men. He asked the woman where he could purchas... More...   $0 (01-10-2018 - TN)

State of Tennessee v. Jeffrey Wayne Hughes

On October 24, 2016, the defendant pled guilty to one count of theft over $250,000 from victim Lawrence County Fire and Rescue, Inc. (“Lawrence County Fire and Rescue”), one count of theft between $10,000 and $60,000 from victim Crossroads Volunteer Fire Department (“Crossroads”), and six counts of money laundering. The State agreed to dismiss eighty-one additional counts of money laundering as p... More...   $0 (01-10-2018 - TN)

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

STATE OF NEW MEXICO v. JOSHUA MAESTAS New Mexico Supreme Court

Following the altercation with Defendant, Barela received treatment for a
10 concussion at Presbyterian Medical Center and her doctor reported a domestic
11 incident to the police. While at the hospital, Deputy Metzgar of the Bernalillo County
12 Sheriff’s Department recorded his interview with Barela, who alleged that on
13 December 2, 2009, Defendant had physically abused her a... More...
   $0 (01-09-2018 - NM)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

State of Tennessee v. Jerica Elizabeth Taylor COURT OF CRIMINAL APPEALS OF TENNESSEE

This case relates to the December14, 2014 robbery of William Majano. At the trial, the victim, a native of El Salvador, testified with the aid of a certified court interpreter that he had lived in Davidson County for eleven or twelve years. The victim said that he had known the Defendantas Jessica and for about three months at the time of the robbery. He said that they met in September 2014, wh... More...   $0 (01-08-2018 - TN)

State of Tennessee v. Joshua Michael Stewart Child rapist to serve 33-year prison term

In this case, the Defendant was indicted for rape of a child and two counts of aggravated sexual battery. The victimwas ages seven and eightat thetime of the incidents and was the Defendant’s stepsister.
01/04/2018
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The victim testified that her birthday was December 12, 2000, that she was age fifteen at the time of the trial, and that she was in the tenth grade. She said that sh... More...
   $0 (01-08-2018 - TN)

Mark Boswell, et al. v. Panera Bread Company, et al. Eighth Circuit Courthouse - St. Louis, Missouri

The central issue in this contracts case is whether certain at-will employees can
hold their employer, Panera, LLC, to its promise to pay them a bonus. The district
court thought so and granted summary 1 judgment to the employees. We agree and
affirm.
In an effort to recruit and retain general managers for its restaurants, Panera
created a program under which qualifying manager... More...
   $0 (01-08-2018 - MO)

State of Nebraska v. Greg A. Glass

In 1999, Glass was convicted of second degree murder
and use of a firearm to commit a felony. The charges arose
from the July 1998 shooting death of Glass’ former employer,
Adolph Fentress, Sr. Fentress was shot in the head while working
at an automobile detailing shop, Downtown Auto Sales
(Downtown Auto), which he co-owned. The facts for which
we find support in the record... More...
   $0 (01-06-2018 - NE)

Karl Dean Stahmann v. The State of Texas State of Texas Court of Appeals, 13th District

This case arises from a two-vehicle collision on State Highway 46 outside of New
Braunfels. Norberto Gonzalez testified that he was driving his SUV with his wife and son
as passengers, on July 1, 2012 at around 4:30 p.m., when he saw a van approaching
from the opposite direction. Gonzalez testified that he saw the van “starting to turn toward
us, and I’m thinking maybe he see... More...
   $0 (01-06-2018 - TX)

Elise Hilton v. Catherine Mish Sixth Circuit Court of Appeals for the Sixth Circuit

Elise and Ed Hilton, individually, and as next friends of their
developmentally-disabled daughter, EH (collectively, the “Hiltons”), appeal the district court’s
dismissal of their complaint. They argue that the district court erred in three respects. They
allege that Catherine Mish, City Attorney for Grand Rapids, was acting under color of state law
when she sent two emails from he... More...
   $0 (01-05-2018 - MI)

Todd M. Babin v. Quality Energy Services, Inc. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Todd M. Babin worked for Quality Energy Services, Inc., until he became disabled in 2012. He applied for short-term disability benefits through Quality Energy’s employee benefit plan. His application was denied in February 2013. In February 2014, he requested documents regarding both the short- and long-term disability plans, but he alleges that Quality Energy never sent those documents to him. Ba... More...   $0 (01-04-2018 - LA)

STATE OF OHIO - vs - CHAD A. MURRAY

On July 8, 2016, appellant was indicted for possession of heroin, a felony
of the fourth degree with a forfeiture specification – contraband (heroin). Appellant pled
not guilty. Subsequently, he filed a motion to suppress evidence, and the trial court held
a suppression hearing.
{¶3} The evidence revealed that on May 20, 2016, at about 10:00 a.m., Mentor
Police Officer B... More...
   $0 (01-04-2018 - OH)

David M. Cox v. Provident Life & Accident Insurance Company Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

David Cox challenges a summary judgment in favor of Provident Life & Accident Insurance Company (“Provident”) on breach-of-contract and tortious-breach-of-contract claims stemming from two disability insurance policies that Provident issued to Cox. Under the policies, Cox is entitled to receive disability benefits for life if, and only if, his disability resulted from injury rather sick-ness. The ... More...   $0 (01-01-2018 - MS)

Carlos Morales v. David Barnes Dallas County Courthouse - Dallas, Texas

Appellant Carlos Morales asserts that the trial court erred in denying his motion to dismiss pursuant to chapter 27 of the Texas Civil Practice & Remedies Code. Morales also asserts that the trial court abused its discretion in granting appellee David Barnes’s motion to disregard Morales’s reply to Barnes’s response to motion to dismiss. We affirm in part and reverse in part.
BACKGROUND
Ba... More...
   $0 (12-31-2017 - )

Kristen Elizabeth Wagner vs State of Florida

On the night of July 26, 2014, Appellant and her husband got into an argument
that turned violent. Appellant had been drinking (she said she had two rum-and
cokes; he said she had as many as five), and the husband claimed that she was the
aggressor. However, the husband admitted that during the argument, he held
Appellant down on the bed, pushed her to the floor, and took her ... More...
   $0 (12-31-2017 - FL)

UNITED STATES OF AMERICA v. JOSE RIOS-MORALES

The drug conspiracy at issue in this case involved Defendant, his brother Omar,
and co-defendant Felipe Sifuentes. Mr. Sifuentes, who entered into a plea agreement with
the government, was a key witness at Defendant’s trial. He testified that he began selling
methamphetamine around 2011 or 2012. In 2013 or 2014, Mr. Sifuentes stopped selling
methamphetamine for a period of time ... More...
   $0 (12-30-2017 - KS)

UNITED STATES OF AMERICA v. BRAYAN GOMEZ United States Court of Appeals 2nd Circuit

In March 2014, Hartford police detective James Campbell and 10
Drug Enforcement Administration (“DEA”) special agent Michael 11
Schatz––members of a DEA task force––were investigating a large‐12
scale  heroin‐trafficking  organization  operating  out  of  Hartford.
Based  on  information  from  a  wiretap  and  cooperating  sources, 1
Campbell and Schatz suspect... More...
   $0 (12-30-2017 - CT)

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