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Interlocutory Appeal Law
 
Robert Cor'Darius Taylor v. The State of Texas

The complainant is B.C.3 Taylor is B.C.’s paternal uncle.4 The charges of
aggravated sexual assault of a child arose out of two separate incidents which
occurred in the summer of 2007 at B.C.’s paternal grandmother’s home in
Montgomery County, Texas, when B.C. was approximately seven years old. B.C.
testified that these were not the only two incidents. B.C. could not recall whe... More...
   $0 (05-17-2018 - TX)

Rodney Sanchez Lopez v. The State of Texas Texas Eighth District Court of Appeals

Lopez was charged with possession with intent to deliver heroin (four grams or more, but
less than 200 grams).1 A jury found him guilty and Lopez was sentenced to fifteen years’
imprisonment. Lopez appeals his conviction based on the trial court’s denial of his (1) motion for
continuance of the trial, and (2) motion to suppress.
The Stop
On July 19, 2013, Trooper John Da... More...
   $0 (05-17-2018 - TX)

Edward Tobey v. Brenda Chibucos and Mary Stanton Northern District of Illinois Courthouse - Chicago, Illinois

One man’s extradition is another
man’s “kidnapping.” Edward Tobey, the plaintiff here, has
three state-court convictions (one in Illinois and two in Florida)
for possession of child pornography. Tobey also has a penchant
for resisting the conditions of probation placed upon him
2 Nos. 16-3927 & 16-4037
by courts and by his probation officer. In 2013, his tussles with
th... More...
   $0 (05-17-2018 - IL)

Charles E. Yeager v. Peter Holt

Defendants Peter Holt, Holt Law Firm, and Bethany Holt (collectively Holt,
except as noted) appeal from an order denying their special motion to strike (also known
as an anti-SLAPP--Strategic Lawsuit Against Public Participation--motion).1
Peter Holt
and his law firm briefly represented Charles E. and Victoria Yeager (collectively Yeager,
except as noted) and successfully sued... More...
   $0 (05-17-2018 - CA)

Orlando Bell v. The State of Texas Texas Court of Appeals, Seventh District

Appellant, Orlando Bell, was convicted by a jury of failure to comply with sex
offender registration requirements, enhanced by two prior felonies,1 and sentenced to fifty
years confinement. The appellate record has been filed and Appellant’s brief is due to be
filed on or before June 1, 2018. Appellant is represented by court-appointed counsel.
Pending before this court is Ap... More...
   $0 (05-16-2018 - TX)

Aaron Michael Franks v. The State of Texas

Appellant Aaron Michael Franks appeals his conviction for driving while
intoxicated, second offense. The clerk’s record and reporter’s record were due on April
4, 2018. On March 23, 2018, the clerk notified us that appellant had not made payment
arrangements for the clerk’s record. By letter of March 27, 2018, we directed appellant
to make acceptable payment arrangements for... More...
   $0 (05-16-2018 - TX)

Carlos Alfonso Dominguez v. The State of Texas Texas Sixth District Court of Appeals

Carlos Alfonso Dominguez committed the unauthorized practice of law. The evidence at
trial demonstrated that while claiming to be an “Assistant to Attorney” at an immigration law
office, Dominguez himself collected payment for immigration work he was unqualified to
perform.1 Dominguez’ “clients” testified that they paid Dominguez large sums of money for work
he never complete... More...
   $0 (05-16-2018 - TX)

Dairies Dontay Phillips v. The State of Texas Fifth Court of Appeals - Texas Courts

Dairies Dontay Phillips has filed motions to dismiss these appeals. Both appellant and his
attorney have signed the motions. We grant the motions. TEX. R. APP. P. 42.2(a). Appellant has
not filed a motion to dismiss cause number 05-18-00155-CR, and that appeal remains pending. ... More...
   $0 (05-16-2018 - TX)

Allan McDowell v. The State of Texas Fifth Court of Appeals - Texas Courts

At trial, the State offered appellant’s written and signed plea of true and stipulation of
evidence to the allegations in the State’s motion to proceed to an adjudication of guilt on the first
robbery as well as appellant’s written and signed judicial confession and stipulation of evidence
to the second robbery allegation. The State asked the trial court to take judicial notice of ... More...
   $0 (05-16-2018 - TX)

Jaime Antonio Alvarenga v. The State of Texas Fifth Court of Appeals - Texas Courts

Appellant Jaime Antonio Alvarenga pleaded guilty to three separate offenses involving the
same victim: (1) indecency with child by contact (trial court cause no. F-1126734-V); (2)
aggravated sexual assault (trial court cause no. F-1126736-V); and (3) indecency with a child by
contact (trial court cause no. F-1126739-V). The trial court sentenced him to five years’
imprisonment... More...
   $0 (05-16-2018 - TX)

Robert Wayne Meckel v. The State of Texas Fourth Court of Appeals

On April 25, 2018, this court issued an order stating this appeal would be dismissed
pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant has the
right of appeal was made part of the appellate record within thirty days of the order. See TEX. R.
APP. P. 25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App.—San Antonio
2... More...
   $0 (05-16-2018 - TX)

Remigio A. Martinez III v. The State of Texas Fourth Court of Appeals

Appellant Remigio A. Martinez III was charged with the offense of arson of a habitation,
and the State sought a finding of habitual offender and an affirmative finding of deadly weapon.
Martinez pled nolo contendere to the offense as charged. The trial court sentenced Martinez to
confinement for thirty-five years in the Institutional Division of the Texas Department of Criminal More...
   $0 (05-16-2018 - )

Bert Villa v. The State of Texas Fourth Court of Appeals

On January 21, 2015, the trial court sentenced Villa to eight years’ imprisonment. The trial
court then suspended the sentence and placed Villa on community supervision for six years. On
March 22, 2018, over three years later, Villa filed a notice of appeal. It therefore appears that
because Villa did not file a timely notice of appeal, we lack jurisdiction over this appeal. See TEX... More...
   $0 (05-16-2018 - TX)

Joe Villegas v. The State of Texas

Villegas, who has a mild intellectual disability, was indicted for sexual assault of a child in
August 2010. The next month, the trial court ordered an evaluation on Villegas to determine
whether he was competent to stand trial. In November 2010, the trial court signed an agreed
04-17-00435-CR


- 2 -

judgment finding Villegas not competent to stand trial a... More...
   $0 (05-16-2018 - TX)

Benjamin Poehlmann v. The State of Texas

On December 25, 2014, San Antonio police officers responded to a 9-1-1 call, reporting a
shooting in progress at a home where Poehlmann, his girlfriend Roxann Sanchez, and his sister
Christina lived. Poehlmann and Roxann lived in an addition to the house, which was located next
to the kitchen of the main house and could only be accessed from the kitchen. The addition was
comp... More...
   $0 (05-16-2018 - TX)

Ex parte John Phillip Devine III

John Phillip Devine III filed this interlocutory appeal challenging the district court’s
order denying a combination motion to quash his indictment and pretrial application for writ of
habeas corpus. In the underlying prosecution, Appellant is charged with five felony offenses: three
counts of sexual assault of a child, one count of indecency with a child by contact, and one count of<... More...
   $0 (05-16-2018 - TX)

Brittany Rauntae Barnes v. The State of Texas

Appellant Brittany Rauntae Barnes pleaded guilty to state jail felony theft in
exchange for 24 months’ confinement and now attempts to appeal this
conviction. On April 2, 2018, we notified the parties that the trial court’s
certification of the right of appeal appeared to be defective because based on the
plea admonishments, it appeared that Appellant and the State entered int... More...
   $0 (05-16-2018 - TX)

Scott Greenberg v. The State of Texas COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

In exchange for a four-year prison sentence, Appellant pled guilty and
judicially confessed to possessing less than a gram of the controlled substance
25I-NBOMe, a state jail felony,2 and pled true to the enhancement allegations
elevating his sentence to that of a second-degree felony.3 See Tex. Health &
Safety Code Ann. §§ 481.1021, 481.1151(a)–(b)(1) (West 2017); Tex. Penal ... More...
   $0 (05-16-2018 - TX)

Elizabeth A. Clemons v. Norton Healthcare, Inc. Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This appeal is the latest installment in an ERISA litigation
saga that has spanned almost ten years. At the risk of oversimplifying their case, the Plaintiff–
Retirees claim that Defendant Norton Healthcare, Inc. Retirement Plan (“Norton”) underpaid
them under the terms of the plan. The district court found that the plan was unambiguous in the
Retirees’ favor. We agree with the dis... More...
   $0 (05-16-2018 - KY)

Matthew Gary Richardson v. United States of America Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Petitioner Matthew Richardson appeals the district
court’s denial of his 28 U.S.C. § 2255 motion to set aside his sentence, challenging his
>
No. 17-5517 Richardson v. United States Page 2
designation as an armed career criminal under 18 U.S.C. § 924(e), the Armed Career Criminal
Act (“ACCA”). We AFFIRM.
I. BACKGROUND
In 2012, after attempting to sell a sawed-off shotgu... More...
   $0 (05-16-2018 - TN)

Kerrie Reilly v. Marin Housing Authority

Kerrie Reilly lives with her severely disabled adult daughter in housing subsidized
by the Marin Housing Authority (MHA). The family participates in the Housing Choice
Voucher program, commonly known as Section 8, which MHA administers according to
the rules and regulations of the United States Department of Housing and Urban
Development (HUD). As a Section 8 participant, Kerrie Re... More...
   $0 (05-16-2018 - CA)

Samson Moses Billiot aka Samson M Billiot v. The State of Texas

Appellant Samson Moses Billiot appeals from his conviction for arson of a
habitation and forty-year sentence. See Tex. Penal Code Ann. § 28.02(a)(2),
(d)(2) (West 2011). Billiot argues that the trial court erred by denying him the
right to represent himself and that the evidence was insufficient to show he
started the fire by igniting a flammable or combustible liquid. Becau... More...
   $0 (05-15-2018 - TX)

Lorenzo Emanuel v. The State of Texas

Around 5:00 a.m. on February 28, 2016, an inmate-related disturbance in
the Denton County Jail’s Special Housing Unit delayed distribution of the
inmates’ breakfast trays.2 When inmate Emanuel eventually received his tray, he
complained that his breakfast was cold and requested a “Johnny Sack”—an
alternative inmate meal that is served in a brown paper bag, usually containing a ... More...
   $0 (05-15-2018 - TX)

Brian Thomas Spinks v. The State of Texas

Brazoria County Sheriff’s Department (“BCSD”) Deputy B. Harper, the
complainant, testified that while he was on patrol on April 9, 2016, he was
dispatched to investigate a “suspicious person” walking around a construction site
adjacent to the volunteer fire department and the surrounding neighborhood on
Demi-John Island in Brazoria County, Texas. When Harper arrived at the sce... More...
   $0 (05-15-2018 - TX)

DOMINO’S PIZZA, LLC. v. YVONNE WIEDERHOLD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD E. WIEDERHOLD

In January 2011, Richard Wiederhold swerved into the median to avoid a vehicle
that had pulled out in front of him. His vehicle drifted through the median and back across
the roadway, flipped over once or twice, and came to rest in a ditch. The collision
immediately rendered him a quadriplegic. The other vehicle was driven by Jeffrey Kidd,
who was delivering pizza for Domino... More...
   $0 (05-15-2018 - FL)

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