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Interlocutory Appeal Law
 
Larry Littlejohn v. Costco Wholesale Corporation

Plaintiff Larry Littlejohn appeals from a ruling sustaining a demurrer to his third
amended complaint (complaint) without leave to amend. Littlejohn sought to sue Costco
Wholesale Corporation and Costco Wholesale Membership, Inc. (Costco), the California
Board of Equalization (Board) and Abbott Laboratories, Inc. (Abbott) to recover amounts
he paid in sales tax reimbursement on pur... More...
   $0 (07-16-2018 - CA)

STATE OF SOUTH DAKOTA v. GENE R. KALINE

In the early morning hours of September 22, 2016, a homeowner in Pennington County contacted the Rapid City Police Department and asked that officers remove her son and a woman named Kasey Sybert from her home. The homeowner asserted that there was an active warrant for Sybert’s arrest. The homeowner did not indicate how many people were in the home at the time, but responding officers understoo... More...   $0 (07-15-2018 - SD)

LARRY M. SLUSSER v. UNITED STATES OF AMERICA UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Slusser pleaded guilty in 2011 to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). As part of his plea agreement, Slusser waived his right to “file any motions or pleadings pursuant to 28 U.S.C. § 2255 or to collaterally attack [his] conviction[] and/or resulting sentence,” except challenges involving ineffective assistance of counsel or prosecutorial misconduct. The... More...   $0 (07-15-2018 - )

UNITED STATES OF AMERICA v. JOHN TIMOTHY CANNON, a/k/a Mr JT,

Cannon argues that the district court abused its discretion in denying his pretrial motion for a reliability hearing. Cannon’s opening brief merely incorporates by reference his district court pleadings, a tactic of which we have disapproved. See Fed. R. App. P. 28(a)(8)(A); Wahi v. Charleston Area Med. Ctr., Inc., 562 F.3d 599, 607 (4th Cir. 2009); McCarver v. Lee, 221 F.3d 583, 588 n.1 (4t... More...   $0 (07-15-2018 - Nc)

UNITED STATES OF AMERICA v. DAYVON BRYAN RILEY

In 2013, Riley pleaded guilty to aggravated identity theft, among other charges,
and was sentenced to 156 months’ imprisonment. On direct appeal, we affirmed the
validity of Riley’s guilty plea and dismissed his sentencing claims based on the appeal
waiver contained in his written plea agreement. United States v. Riley, 581 F. App’x 206
(4th Cir. 2014). In his pro se § 2255 ... More...
   $0 (07-15-2018 - NC)

UNITED STATES OF AMERICA v. ALEX LENARD MCCOY

In November 2015, a federal grand jury indicted Alex McCoy on four related drug charges. Count one charged McCoy with participating in a crack-cocaine trafficking conspiracy centered around Gaston County, North Carolina in violation of 21 U.S.C. §§ 841(a)(1) and 846, while the remaining three counts charged McCoy with distribution and possession of crack cocaine in violation of 21 U.S.C. § 84... More...   $0 (07-15-2018 - NC)

Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds, ex rel State of Iowa and Iowa Board of Medicine SUPREME COURT OF IOWA

In this appeal, we must decide if the constitutional right of women to choose to terminate a pregnancy is unreasonably restricted by a statute that prohibits the exercise of the right for a period of seventy-two hours after going to a doctor. In making this decision, we recognize the continuing debate in society over abortion and acknowledge the right of government to reasonably regulate the const... More...   $0 (07-15-2018 - IA)

UNITED STATES OF AMERICA - v - EDWIN HERNANDEZ, AKA Scooby, AKA Masacre

The present prosecution arises out of shootings on October 23, 2011, in 3 Central Islip, New York, in which Robert Faber and Curtis Williams were injured. 4 The operative indictment charged Hernandez in six counts, three with respect to each 5 victim. Counts Four and Five alleged that Hernandez, for the purpose of gaining 6 entrance to, and maintaining or increasing his position in, MS-13, atte... More...   $0 (07-15-2018 - NY)

UNITED STATES OF AMERICA v. JOSE JIMENEZ

On June 3, 2015, Jose Jimenez was arrested in unlawful possession of a 2 bullet retrieved from his person following an attempted undercover firearms 3 purchase. Jimenez had agreed to drive Oscar Sanchez to the parking lot of a fast 4 food restaurant in the Bronx on June 3, 2015 in exchange for $40. Sanchez had 5 arranged to sell 20 handguns to a person who was, in fact, an undercover 6 detect... More...   $0 (07-15-2018 - )

BURGESS MASSEY v. UNITED STATES OF AMERICA

After the Supreme Court denied his petition for a writ  of certiorari, Massey v. United States, 549 U.S. 1136 (2007),  Massey filed his first motion for relief pursuant to 28 U.S.C.  § 2255, Massey v. United States, 08‐924, 2009 WL 1285991  (S.D.N.Y.  Apr.  23,  2009).  The  District  Court  denied  his  motion  and  did  not  issue  a  certificate  of  appealability,  finding that his three... More...   $0 (07-15-2018 - )

UNITED STATES OF AMERICA -v-ALVAUN THOMPSON, AKA LP, AKA Legit Pimp, AKA AT

Because Thompson appeals from a judgment of conviction entered after a jury  trial, we “draw the facts from the evidence presented at trial, viewed in the light most  favorable to the government.” United States v. Allen, 864 F.3d 63, 69 n.8 (2d Cir. 2017)  (internal quotation marks omitted).  Thompson began his relationship with the two minor female victims of concern  here—identified as M1 and M2... More...   $0 (07-15-2018 - )

JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma... More...   $0 (07-15-2018 - NH)

R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor v. LOCAL UNION 26, UNITE HERE

The material facts may be stated briefly. Dimie Poweigha is a member of Local 26. The union has negotiated more than 40 CBAs, including one with Poweigha's employer. Poweigha was dissatisfied with the administration of Local 26, and asked the union to permit her to review 37 CBAs Local 26 had negotiated with employers other than her own. Eventually, once the Secretary of Labor got involv... More...   $0 (07-15-2018 - MA)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

Jerry Lynn Lofton a/k/a Gerry Lynn Lofton a/k/a Gerry Lofton a/k/a Jerry Loftin a/k/a Jerry Lofton v. State of Mississippi

Edroy James Ballard Jr. was shot and killed on June 3, 2014, in Horn Lake, Mississippi. A DeSoto County grand jury charged Lofton with Ballard’s murder. Lofton was deemed indigent, and Adam Emerson was appointed to represent him. Several months later, Emerson filed a motion to reconsider Lofton’s indigent status. Emerson informed the trial court that Lofton had refused to meet with him and wi... More...   $0 (07-15-2018 - FL)

Ricky Griffitts vs. Old Republic Insurance Company, BNSF Railway Company, and James M. Campbell Missouri Supreme Court - Jefferson City, Missouri

Appellant Ricky Lee Griffitts (“Griffitts”) was rear-ended by James Campbell (“Campbell”), an employee of BNSF Railway Company (“BNSF”), in Springfield, Missouri. Campbell was driving a BNSF company vehicle and was intoxicated at the time of the collision. Numerous lawsuits ensued, including the instant equitable garnishment action that Griffitts filed against BNSF and its insurer, Old Republic (c... More...   $0 (07-15-2018 - MO)

Laur B. v. Wade B. Third Judicial District Courthosue - Anchorage, Alaska

A father requested primary physical custody of his daughter, modifying the previous shared custody arrangement. The mother opposed the change, arguing there had not been a substantial change in circumstances. The superior court ordered a limited custody investigation to resolve a factual dispute related to the change in circumstances, promising a second hearing on the daughter’s best interests. Bu... More...   $0 (07-15-2018 - AK)

Tom Donovan Nicolos v. North Slope Borough North Slope Borough of Alaska

The North Slope Borough discharged employee Tom Donovan Nicolos after he made statements that Borough employees interpreted as threats. Nicolos appeals from the superior court’s order approving the Borough Personnel Board’s decision affirming his discharge. He claims that his statements did not constitute threats or other
misconduct under the Borough’s personnel rules and that the Borough fail... More...
   $0 (07-15-2018 - )

Angela Belfiore-Braman v. D. Daniel Rotenberg, M.D. Glass Office Floor Mats

Plaintiffs and appellants Angela Belfiore-Braman and Stephen Braman
(sometimes together Plaintiff) appeal a defense judgment entered on a jury verdict, in
their medical malpractice action against defendant and respondent D. Daniel Rotenberg,
M.D. (Defendant), an orthopedic surgeon. The jury found Defendant was not negligent
in the care and treatment of Ms. Belfiore-Braman during t... More...
   $0 (07-15-2018 - CA)

MICHAEL ROBBINS vs STATE OF FLORIDA

The state charged the defendant with aggravated battery with a firearm. The evidence showed that the defendant was involved in an argument with a man who was hanging out with a small group of people outside of a business. The defendant eventually got a gun from his nearby truck, fired two shots towards the group, and drove off. One of the shots struck a woman in the group.

Defendant ... More...
   $0 (07-14-2018 - FL)

DANIEL DUANE SLAUGHTER vs STATE OF FLORIDA

Daniel Duane Slaughter appeals his convictions and sentences for three charges involving the lewd or lascivious molestation of a child under the age of twelve. Appellant raises two points on appeal. First, Appellant argues that the trial court abused its discretion in overruling defense counsel’s objection to the prosecutor’s alleged misstatement of the law during closing argument. Second, Appe... More...   $0 (07-14-2018 - FL)

Milton Jackson vs. The State of Florida

On August 19, 2015, the victim was walking with a friend to a neighbor’s
house around the corner when Jackson pulled up in his car and called the victim
over to talk with him. Jackson and the victim had previously been in an on-again,
off-again relationship. The victim told Jackson that she would talk with him when
she returned from the neighbor’s house. When the victim retu... More...
   $0 (07-14-2018 - FL)

CALVIN LEWIS vs STATE OF FLORIDA

Lewis filed his motion to dismiss in the trial court on August 31, 2017. The court held an evidentiary hearing on the motion on November 3 and November 9, 2017. The court rendered its order denying the motion to dismiss on December 18, 2017. The jury trial in Lewis's first-degree murder case was then scheduled to begin on March 26, 2018. Thereafter, on February 1, 2018, Lewis filed a motion fo... More...   $0 (07-14-2018 - FL)

DAVID JOHN JONES vs STATE OF FLORIDA SECOND DISTRICT COURT OF APPEAL

In 2013 Jones entered a negotiated plea to traveling to seduce/solicit/entice a child to commit a sex act (count two), in violation of section 847.0135(4)(a), Florida Statutes (2012), and to transmission of material harmful to minors (count three), in violation of section 847.0138(2), Florida Statutes (2012). He was sentenced to 25.05 months' prison followed by six years' probation on both counts... More...   $0 (07-14-2018 - FL)

William G. Anderson vs State of Florida

In Appellant’s direct criminal appeal, his counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). We agree there are no meritorious issues for appeal, and affirm the judgment and sentence. However, Appellant correctly argues that the trial court erred in failing to give him notice and an opportunity to object to the fine imposed pursuant to section 775.083 of the Florida Stat... More...   $0 (07-14-2018 - FL)

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