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Interlocutory Appeal Law
 
STATE OF LOUISIANA V. KWAN ANDERSON

On March 10, 2015, the state filed a bill of information charging the defendant, Kwan Anderson, with obscenity, a violation of La.R.S. 14:106(A)(1). On August 3, the defendant pled guilty to the charge, and the district court ordered a pre-sentence investigation (PSI) report.1 At the guilty plea hearing, it was simply stated that the defendant “exposed [him]self in a public place.” On November 19,... More...   $0 (06-09-2016 - LA)

STATE OF LOUISIANA V. DARRELL KENNEDY MALLETTE

The Defendant was convicted of molestation of a juvenile under the age of thirteen for acts committed against his step-granddaughter E.H.3
ERRORS PATENT
In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for errors patent on the face of the record. After reviewing the record, we find that there are three errors patent that render Defendant’s sentence for molestation of a... More...
   $0 (06-09-2016 - LA)

Mario Dunn v. The State of Texas

The magistrate issued a Magistrate’s Order for Emergency Protection under article 17.292 of the Code of Criminal Procedure (hereinafter the “Order”). Under the Order, appellant was prohibited from going to or near the residence of the protected individual, the complainant, or a member of the family or household, and that residence was specifically described in the Order. Five days later, Deputy ... More...   $0 (06-08-2016 - TX)

Marquis Diamond v. The State of Texas

The complainant, Steven Ogden, and his brother moved from a nursing home to an apartment complex. There, they met another resident, Tommie Lee Nicholson. Nicholson offered to drive Ogden to a social security office and then to a check-cashing establishment so that Ogden could retrieve his social security check and get cash for it. The next morning, Ogden left with Nicholson and two of Nicholson... More...   $0 (06-08-2016 - TX)

Timothy Lovington v. The State of Texas

Appellant Timothy Lovington appeals his conviction for evading arrest using a
motor vehicle. The appellate record was originally due on March 28, 2016. The clerk’s
record was filed on March 23, 2016. On March 28, 2016, the court reporter moved for
an extension of time to file the reporter’s record on the grounds that she was unable to
complete the record due to her case load... More...
   $0 (06-08-2016 - TX)

Robert Duncan v. The State of Texas

After appellant plead guilty to the indicted offense of aggravated assault with a
deadly weapon in June 2013, the trial court deferred a finding of guilt and placed
appellant on deferred adjudication community supervision for a term of six years. It also
assessed a fine of $1,500.
The State filed a motion to proceed with adjudication of guilt in July 2015 and
filed an amen... More...
   $0 (06-08-2016 - TX)

Casey Austin Jones v. The State of Texas

After pleading guilty to three counts of sexual assault of a child, Casey Austin Jones
appeals, raising seven points of error. On review of the case presented to us, we find that (1) the
evidence was sufficient to support the indictment’s allegations, (2) Jones was not placed in double
jeopardy, (3) Jones was not entitled to credit against his sentence for pretrial time spent on bo... More...
   $0 (06-08-2016 - TX)

Tommy Ray Dillard v. The State of Texas

Tommy Ray Dillard pled guilty to possession of less than one gram of a Penalty Group 1
controlled substance1 pursuant to a plea agreement. In accordance with the sentencing
recommendations included in the plea agreement, the trial court sentenced Dillard on May 18,
2015, to two years’ incarceration, suspended that sentence, and placed Dillard on three years’
community supervis... More...
   $0 (06-08-2016 - TX)

Fred Wright, Jr. v. The State of Texas

Fred Wright, Jr., entered an open plea of guilty and was convicted of two counts of sexual
assault. After a bench trial on punishment, Wright was sentenced to twelve years’ imprisonment.
On appeal, Wright argues that the evidence is insufficient to support his plea of guilt. Because we
find that Wright’s judicial confession and written stipulation of evidence constituted sufficie... More...
   $0 (06-08-2016 - TX)

Delbert Sisemore v. The State of Texas

In September 2014, Delbert Sisemore pled not guilty to charges of possession of a
controlled substance of less than one gram, burglary of a habitation, and aggravated robbery with
an affirmative finding of a deadly weapon.1 Less than a year later, Sisemore entered guilty pleas
to the charges of possession and burglary of a habitation. Sisemore elected to have a jury decide
hi... More...
   $0 (06-08-2016 - TX)

Jasmine Jamiel Simmons v. The State of Texas

Appellant’s attorney filed a brief in support of her motion to withdraw in which she
concludes the appeal is wholly frivolous and without merit under the standards of Anders v.
California, 386 U.S. 738, 744 (1967). But in the brief, appellant’s attorney states that “[i]t
appears that as a threshold matter, this Court lacks jurisdiction over this appeal because sentence
was not... More...
   $0 (06-08-2016 - TX)

David Allen Fronek v. The State of Texas

In August 2014, appellant was tried for continuous-sexual-abuse of a child. At least
thirty days before trial, the State notified appellant that it intended to introduce evidence of
sexual offenses appellant committed against a male identified by the initials F.B. The notice
provided the nature of the offenses, the time frame during which the offenses occurred, and
identified... More...
   $0 (06-08-2016 - TX)

Joshua Paul Briseno v. The State of Texas

Briseno was charged with possession of marijuana, five to fifty pounds. Prior to trial,
Briseno filed a motion to suppress, seeking to suppress the marijuana discovered as a result of his
arrest and subsequent search of his vehicle. At the suppression hearing, the trial court heard
testimony from two San Antonio Police Department officers — Detective Christopher Muniz and
Off... More...
   $0 (06-08-2016 - TX)

The State of Texas v. Charles Caves

Charles Caves was charged by information as follows:
on or about the 8th Day of April 2014, CHARLES CAVES, hereinafter referred to as defendant, while operating a vehicle that collided with and damaged an unattended vehicle, did intentionally and knowingly fail to immediately stop and locate the operator or owner of the unattended vehicle . . . and give the complainant the defendant’s name an... More...
   $0 (06-08-2016 - TX)

In re Gambling Devices and Proceeds

In February 2014, the Webb County Sheriff’s Office began an investigation of two
businesses (“Loop 20 Party Place” and “New Entertainment”) that were allegedly engaging in
gambling by paying their patrons cash payouts from electronic slot machines commonly known as
“eight liners.” During their investigation of these businesses, officers received cash payouts from
playing the ei... More...
   $0 (06-08-2016 - TX)

Enrique Mata v. The State of Texas

Enrique Mata pled nolo contendere to the charge of aggravated sexual assault of a child.
On February 13, 2014, the trial court signed an order of deferred adjudication and placed Mata on
community supervision for a period of ten years. Thereafter, the State moved to revoke Mata’s
community supervision, alleging Mata violated multiple terms of community supervision. At the
heari... More...
   $0 (06-08-2016 - TX)

The State of Texas v. Travis Lee Wickson

The only evidence before the trial court when it ruled on Wickson’s motion to
suppress was the testimony of Texas Department of Public Safety Trooper Mason Wilhite and a
visual and audio recording of Trooper Wilhite’s encounter with Wickson. This evidence showed
the following: Trooper Wilhite observed Wickson speeding and crossing over the white fog line
onto the improved shoulde... More...
   $0 (06-08-2016 - TX)

Benjamon Ray Stewart a/k/a Benjamon Todd Stewart v. The State of Texas

On July 23, 2013 from 6:30 p.m. until approximately 10:30 p.m., Stewart
played pool and drank three or four beers at a bar in Fort Worth. After leaving
the bar, Stewart made purchases at a nearby Walmart store, once at 11:31 p.m.
and again at 12:46 a.m. A Walmart employee, who helped Stewart load his
items into his truck after his second shopping trip, noticed that Stewart ha... More...
   $0 (06-08-2016 - TX)

Ex parte Jorge Luis Berber

Berber was charged in trial court cause number 1396263 with the offense of
aggravated robbery. On August 1, 2013, the trial court set bond at $30,000. On
November 3, 2013, Berber posted a $30,000 bond through Accredited Surety &
Casualty, Inc.
On February 22, 2016, acting pro se, Berber filed an application for pretrial
writ of habeas corpus to reduce bond and “for sho... More...
   $0 (06-08-2016 - TX)

Joe Eddie Alejandro v. The State of Texas

A grand jury indicted Alejandro for three offenses—continuous sexual abuse
of a child, aggravated sexual assault of a child, and indecency with a child by sexual
contact. See TEX. PENAL CODE §§ 21.02(b), 22.021(a)(1)(B), 21.11(a)(1). The
charges all concerned the same child, his daughter.
Alejandro applied for the appointment of counsel on the basis that he was
indigent.... More...
   $0 (06-08-2016 - TX)

STATE OF NEBRASKA V. EDWARD R. BURTON

Burton was charged with first degree sexual assault for actions alleged to have occurred during the evening of October 29 and early morning of October 30, 2014. On October 29, the victim, referred to as S.M., was asked by someone to purchase marijuana for that individual. S.M. agreed and arranged to get marijuana from a relative of Burton. After obtaining the marijuana and delivering it to the ind... More...   $0 (06-08-2016 - NE)

State of North Dakota v. Chili Carlene Musselman

According to testimony at the suppression hearing, in October 2013, Fargo Police Officer Matt Christensen received information from a department detective that Musselman would be traveling from Washington State to Fargo on an Amtrak train and that she would have drugs in her possession. The detective had obtained this information from a named informant in another case. Officer Christensen testifie... More...   $0 (06-08-2016 - MT)

Evans v. Dow et al

Steven D. Dow, Munson Radio, and Steven D. Dow, d/b/a KEIN-AM, appeal
from the Order of the Montana Eighth Judicial District Court, granting summary
judgment to Creed Miles Evans (“Evans”) and the final judgment determining that Dow
and Munson shall pay damages to Evans in the amount of $261,000 for wrongful
occupation and unlawful detainer of property. We affirm.
¶3 Evan... More...
   $261000 (06-08-2016 - MT)

CHRISTOPHER BRUNETTE v. STATE OF MONTANA

On April 11, 2015, Officer Brandon Brotnov was on patrol in Cut Bank, Montana.
At 12:54 a.m., the police department dispatch received a call from an unknown officer to
run a license plate check on Brunette’s vehicle, which was parked on Central Avenue.
Officer Robert Snyder also was on patrol that night and told Officer Brotnov about
Brunette’s vehicle.
¶4 Sometime l... More...
   $0 (06-07-2016 - MT)

Kelli Tyrrell v. BNSF Railway Company

The plaintiffs in these consolidated appeals, Robert Nelson and Kelli Tyrrell
(Tyrrell), as Special Administrator of the Estate of Brent Tyrrell (Brent), pled violations
of the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51 through 60, for injuries
allegedly sustained while Nelson and Brent were employed by BNSF Railway Company
in states other than Montana. Both act... More...
   $0 (06-07-2016 - MT)

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