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Interlocutory Appeal Law
Commonwealth v. Grady

A jury in the Superior Court convicted the
defendant of operation of a motor vehicle while under the
influence of liquor (OUI), in violation of G. L. c. 90, § 24 (1)
(a) (1); possession with intent to distribute a class B
substance, in violation of G. L. c. 94C, § 32A (c); and
possession with intent to distribute a class B substance in a
school zone, in violation of G... More...
   $0 (07-13-2016 - MA)

Commonwealth v. Gibson

The principal issue in this appeal is whether a
Superior Court judge properly ordered the forfeiture of the
defendant's right to counsel in a probation revocation hearing.
The judge, faced with a defendant who admittedly engaged in a
pattern of quarrelsome, confrontational, hostile, and
threatening conduct toward a succession of nine different court
appointed attorney... More...
   $0 (07-13-2016 - MA)

Kore Buchanan v. State of Indiana

Sixteen-year-old Buchanan1 and seventeen-year-old C.W. were friends since
childhood. On May 17, 2014, Buchanan became very angry at C.W. after
being told about an alleged incident between C.W. and another mutual friend.
Later that night, Buchanan and Deandre Plant met up with Michael Pruitt,
David Maish, and Maish’s girlfriend at Pruitt’s house. Buchanan started
talking... More...
   $0 (07-13-2016 - IN)

Marcus T. Conner v. State of Indiana

On September 19, 2012, Conner was arrested after he sold cocaine to two
confidential informants during three separate controlled buys arranged by the
Elkhart Police Department. Conner sold the cocaine from his home, which
was located within 1000 feet of a youth program center. On September 24,
2012, the State charged Conner with three counts of Dealing in Cocaine, as
Cla... More...
   $0 (07-13-2016 - IN)

Lamont Escoe v. State of Indiana

On April 4, 2014, Anna Pfau (“Pfau”), a Department of Child Services
(“DCS”) caseworker, visited Escoe and his family to look into a report of
potential neglect of the three Escoe children. (Tr. at 36-37) When she knocked
on the door, Elizabeth Escoe (“Elizabeth”), Escoe’s wife, narrowly opened the
door. (Tr. at 37) While Pfau identified herself, she was able to see and sme... More...
   $0 (07-13-2016 - IN)

Amanda N. Gonzales v. State of Indiana

At the time relevant to this appeal, Gonzales lived with her boyfriend, Ronnie
Westbrook (“Westbrook”), at a hotel on the east side of Indianapolis.
Westbrook rented several rooms in the hotel. The victim in this case, twenty
eight-year-old Katrina Miller (“Miller”), stayed in one of the other rooms rented
by Westbrook. On July 19, 2014, Westbrook spent the night in one of these... More...
   $0 (07-13-2016 - IN)

Kelvin Ezell v. State of Indiana

On September 18, 2015, Ezell was walking westbound on the shoulder of 30th
Street toward Post Road in Indianapolis. (Tr. at 10) Responding to a dispatch,
Officer Jay Akers (“Officer Akers”) pulled behind Ezell without Ezell’s
awareness. (Tr. at 12) After getting Ezell’s attention, Officer Akers noted that
Ezell had red, glassy eyes; lacked balance; smelled of alcohol; and s... More...
   $0 (07-13-2016 - IN)

Paul S. Freeman v. State of Indiana

On November 13, 2014, Freeman pleaded guilty to Level 6 felony theft. As
part of his plea agreement, Freeman received a sentence of 1 year and 183 days,
fully suspended to probation. Among the terms of Freeman’s probation was a
requirement that he “behave well and report for supervision as instructed.”
Appellant’s App. p. 25. On August 11, 2015, Freeman failed to report for... More...
   $0 (07-13-2016 - IN)

Jason L. Forshee v. State of Indiana

In March 2014, Forshee resided in a home in Greensburg, Indiana with his
fiancée, Amy (“Amy”), and their two children, six-year-old son A.F. and seven
year-old daughter N.F. Amy’s older son, C.R., who was then age 13, also lived
at the home. In the early evening on March 11, all five of the family members
were at home and were getting ready to attend a school banquet in recogn... More...
   $0 (07-13-2016 - IN)

State of Wisconsin v. Patrick J. Lynch

This is a review of a
published decision of the court of appeals2 that affirmed the
Dodge County Circuit Court's3 findings that (1) Patrick Lynch
("Lynch"), the defendant, made an adequate showing for an in
camera review of the complainant's privileged mental health
treatment records and (2) the complainant's testimony must be
excluded at trial because the complaina... More...
   $0 (07-13-2016 - WI)

State of Wisconsin ex rel. Aman Singh v. Paul Kemper, Warden, Racine Correctional Institution

We are presented with both a
petition and a cross-petition for review involving the
constitutionality of legislation that repealed and modified a
law, 2009 Wis. Act 28, that allowed inmates the opportunity to
No. 2013AP1724
earn "positive adjustment time," by which inmates could obtain
early release from prison.1
¶2 The constitutionality of two provis... More...
   $0 (07-13-2016 - WI)

State of Wisconsin v. Eric L. Loomis

In 2007, the Conference of
Chief Justices adopted a resolution entitled "In Support of
Sentencing Practices that Promote Public Safety and Reduce
Recidivism."1 It emphasized that the judiciary "has a vital role
to play in ensuring that criminal justice systems work
1 Conference of Chief Justices, Conference of State Court ... More...
   $0 (07-13-2016 - WI)

Melvin Huffman v. State of Missouri

After a jury trial, Movant was convicted of one count of statutory sodomy in the first
degree. Movant's conviction and sentence were affirmed on appeal. See, generally, State v.
Huffman, 445 S.W.3d 76 (Mo. App. E.D. 2014). This court issued a mandate on October 30,
On January 27, 2015, Movant timely filed a pro se Rule 29.15 motion for post-conviction
relief. T... More...
   $0 (07-13-2016 - MO)

State of Missouri vs. Chad Daniel Terry Jr.

On the evening of October 29, 2013, Erik Schwartz ("Schwartz") was in the
process of moving into his mother's residence in Independence, Missouri. He spent the
evening unloading his belongings from his SUV. At approximately 1:00 a.m. on October
30th, Schwartz's mother went outside her home and asked Schwartz to turn off his SUV
and come into the house. Schwartz responded tha... More...
   $0 (07-12-2016 - MO)

Milton Tyrone Dearborn v. The State of Texas

In March 2014, the Texas City Police Department was informed that drugs were being sold out of Apartment 711 at Heritage 9th Avenue Apartment Complex. Soon after receiving the tip, Officer Rhone began investigating the apartment. For approximately one month, Officer Rhone conducted early morning surveillance of the apartment two to three times per week for thirty to forty-five minutes each time.... More...   $0 (07-12-2016 - TX)

Monique Ann McGowan v. The State of Texas

On February 22, 2013, appellant entered a guilty plea to the offense of possession of a controlled substance. In accordance with a plea bargain agreement with the State, the trial court deferred adjudication of appellant’s guilt and placed her on two years’ deferred-adjudication community supervision. On January 15, 2015, the State filed a motion to adjudicate appellant’s guilt on the grounds that... More...   $0 (07-12-2016 - TX)

Orlando Robles v. The State of Texas

On May 16, 2016, this Court notified appellant’s counsel of the trial court’s
certification and ordered counsel to: (1) review the record; (2) determine whether
appellant has a right to appeal; and (3) forward to this Court, by letter, counsel’s findings
as to whether appellant has a right to appeal, or, alternatively, advise this Court as to the
existence of any amended certif... More...
   $0 (07-12-2016 - TX)

Ex Parte David K. Wills

Appellant, David Wills, a/k/a David K. Wills, has filed an unopposed motion to
dismiss his interlocutory appeals in appellate cause numbers 13-16-00081-CR and 13
16-00124-CR asserting that the appeals are moot because the trial court has granted the
State’s motion to dismiss the underlying indictment. In a signed attachment, appellant
states he agrees with the filing of the mot... More...
   $0 (07-12-2016 - TX)

The State of Texas v. Feliciano Villarreal Perez

On October 9, 2003, Perez pleaded guilty to possession of marijuana in an amount
of four ounces or less, but more than two ounces, a Class A misdemeanor. See TEX.
HEALTH & SAFETY CODE ANN. § 481.121(b)(2) (West, Westlaw through 2015 R.S.). Perez
elected to have the trial court assess his punishment. The trial court ordered that Perez
spend one-year imprisonment in the Hidalg... More...
   $0 (07-12-2016 - TX)

Dylan A. Tristani v. The State of Texas

In the early-morning hours of July 22, 2012, police officers received a call regarding
an unconscious driver stopped in the drive-through lane of the McDonald’s on Navarro
Street in Victoria. Officer Jeff Strauss responded first to the scene, and upon arriving,
observed Tristani in the driver’s seat of a stopped black pickup along with Michael Birdwell
and Trevor Tristani (“Tr... More...
   $0 (07-12-2016 - TX)

Brittany Michelle Barrett v. The State of Texas

Appellant was indicted for aggravated assault with a deadly weapon in three cases, and she pleaded guilty to each of them. The trial court placed her on deferred adjudication community supervision for ten years in each case. The State later moved to proceed to final adjudication in all three cases. At the hearing on the motion, Appellant pleaded true to the allegations in the motion. The court... More...   $0 (07-12-2016 - TX)

The State of Texas v. Baltazar Sanchez Urias

On the evening of March 13, 2013, DPS Trooper Colby Jones was patrolling a farm to
market road in Pecos County. He met up with Baltazar Urias, who was traveling in the opposite
direction. Urias failed to dim his pickup truck headlights, which caused Trooper Jones to
immediately make a U-turn and activate his overhead lights to initiate a traffic stop. Texas law
prohibits lea... More...
   $0 (07-12-2016 - TX)

Ramon Alvarado Chacon v. The State of Texas

Appellant’s court-appointed counsel has filed a brief in which he has concluded that the
appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), by presenting a professional
evaluation of the record demonstrating why, in effect, there are no arguable grounds to be
advanced. See... More...
   $0 (07-12-2016 - TX)

Michael Anthony Cole Phillips v. The State of Texas

After appellant pled guilty to the indicted charge and pled true to its enhancement
allegation, the jury heard punishment evidence.
The State’s evidence showed that in May 2014, appellant and another man broke
into a home owned by Mr. and Mrs. Harless. The Harlesses’ dogs alerted them and Mr.
Harless confronted the men with a gun. The men hit Mr. Harless and took his gun. More...
   $0 (07-12-2016 - TX)

Paul Scott Benedict v. The State of Texas

Appellant married SL’s mother when SL was ten years old. SL thought of appellant as
her step-father.
When SL was thirteen, appellant came into her bedroom while she was sleeping and
rubbed her back and legs. He then stuck his hand in her underwear, rubbed her clitoris, and
attempted to put his finger in her vagina.
When SL was fourteen, she made a statement to her dril... More...
   $0 (07-12-2016 - TX)

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