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Interlocutory Appeal Law
 
STATE OF OKLAHOMA v. THE DISTRICT COURT OF MAYES COUNTY, THE HONORABLE REBECCA GORE

On April 29, 2016, Petitioner, the State of Oklahoma, by and through Mayes County Assistant District Attorneys Kali Strain and Brian Surber, filed a Petition for Writ of Prohibition or, alternatively, a Writ of Mandamus in Mayes County Case No. CF-2015-248(A), styled State of Oklahoma v. Aaron McNulty. The State requests this Court order the District Court of Mayes County, the Honorable Rebecca Go... More...   $0 (09-24-2016 - OK)

TRACY WAY CHILDERS v. KELLY JOE CHILDERS

The Petitioner/Appellee, Tracey Childers (wife) and the Respondent/Appellant, Kelly Childers (husband) were married in Tulsa, Oklahoma, on May 13, 1996. They have two daughters, born in 1998, and 2001, respectively. The wife received her medical degree in 1994, and then completed a residency in ear, nose, and throat. Throughout their marriage, the couple started a number of businesses, most of whi... More...   $0 (09-24-2016 - Ok)

JHONHENRI JABRILLE LEE v. DIANA CATALINA SALGADO BUENO

On or about October 9, 2014, Plaintiff/Petitioner Jhonhenri Jabrille Lee (Lee) was involved in a motor vehicle collision with Defendant/Respondent Diana Catalina Salgado Bueno (Bueno). Lee was driving a vehicle that was struck from behind by a vehicle driven by Bueno at the intersection of NW Expressway and Blackwelder in Oklahoma City, Oklahoma. The collision pushed Lee's vehicle into the vehicle... More...   $0 (09-23-2016 - Ok)

STATE OF KANSAS v. ROBERT LEE BURTON

Robert Lee Burton appeals the district court's order establishing lifetime postrelease supervision. We granted Burton's motion for summary disposition in lieu of briefs under Supreme Court Rule 7.041A (2015 Kan. Ct. R. Annot. 67). The State did not file a response.
Burton pleaded no contest to one count of aggravated sexual battery that he committed in 2007. The district court found that he... More...
   $0 (09-23-2016 - KS)

STATE OF KANSAS v. ANTHONY MICHAEL ALEXANDER

Defendant Anthony Michael Alexander appeals from the verdict of a jury sitting in Johnson County District Court convicting him of misdemeanor driving under the influence, a violation of K.S.A. 2015 Supp. 8-1567. Alexander complains that the admission of a toxicology report was unfairly prejudicial, the trial evidence was insufficient to support the verdict, and a single misstatement in the prosecu... More...   $0 (09-23-2016 - KS)

STATE OF KANSAS v. TRESS MORGAN

Tress Morgan pled guilty to one count of attempted rape and one count of attempted robbery. The district court originally sentenced him to 36 months' postrelease supervision but later resentenced him to lifetime postrelease supervision. Morgan appeals his resentencing. He argues the court lacked jurisdiction to modify his sentence, and the invited error doctrine precluded the court from altering h... More...   $0 (09-23-2016 - KS)

CITY OF GARDNER v. VADIM BARCA

After appealing a municipal court conviction for misdemeanor theft, Barca was convicted of misdemeanor theft in district court. The district court imposed probation, supervised by the court services office, and ordered Barca to pay a $500 fine plus court costs. On appeal, Barca challenges the district court's authority to order the court services office to supervise his probation for a municipal ... More...   $0 (09-23-2016 - KS)

VICTOR ANZUA-TORRES v. STATE OF KANSAS

In 2006, a jury convicted Victor Anzua-Torres of second-degree reckless murder and several other offenses related to a fatal 2005 automobile collision in which Anzua-Torres was driving while intoxicated. His convictions and sentence were affirmed on direct appeal. He later filed a K.S.A. 60-1507 motion alleging, among other things, that his trial counsel was constitutionally ineffective for fail... More...   $0 (09-23-2016 - KS)

STATE OF KANSAS v. JOHN THOMAS GOOD

John Thomas Good appeals from the district court's decision denying his motion to correct an illegal sentence. Good maintains his sentence is illegal because the court extended his probation beyond the statutorily-allowed maximum probation period before it revoked his probation and ordered him to serve his prison sentence. We agree with Good.
On April 24, 2007, Good pled nolo contendere to... More...
   $0 (09-23-2016 - KS)

STATE OF KANSAS v. ROYALE C. SEBASTIAN-WALKER

On September 12, 2014, Sebastian-Walker pled guilty to one count of rape and one count of aggravated burglary. The crimes were committed when Sebastian-Walker was 16 years old. The district court sentenced Sebastian-Walker to 178 months in prison. Because he was convicted of rape, the court also sentenced Sebastian-Walker to mandatory lifetime postrelease supervision under K.S.A. 2015 Supp. 22-371... More...   $0 (09-23-2016 - KS)

STATE OF KANSAS v. MARQUATESZ R. REDMON

All parties in this case agree that the charges in this case arose out of horrible facts. On the evening of June 6, 2013, 76-year-old W.S.B., a widow who lived alone in her Wichita home, endured a horrendous ordeal after waking up when a strange man
2
came into her bedroom and jumped on top of her while holding a knife. W.S.B. was not wearing her glasses, so she could not see the man. Sh... More...
   $0 (09-23-2016 - KS)

RACHEL K. PLATT v. KANSAS STATE UNIVERSITY

At the outset, we acknowledge that when a district court has granted a motion to dismiss, "an appellate court must accept the facts alleged by the plaintiff as true, along with any inferences that can reasonably be drawn therefrom." Cohen v. Battaglia, 296 Kan. 542, 546, 293 P.3d 752 (2013). Accordingly, the following facts are those asserted by Platt in her district court petition.
Platt wa... More...
   $0 (09-23-2016 - KS)

Todd Steckelberg v. Nebraska State Patrol

Steckelberg is employed by the State Patrol as a trooper.
He was an applicant for a lateral transfer to the position of
Executive Protection Trooper. Interviews were conducted on
March 26, 2015. Another applicant was awarded the position.
On April 5, 2015, Steckelberg requested that he be permitted
to review his score sheets and the comments and recommendations
from the hir... More...
   $0 (09-23-2016 - NE)

State of Nebraska v. Travis T. Mitchell

On June 6, 2014, after a vehicular pursuit in Lincoln,
Nebraska, police apprehended Mitchell in front of his residence.
The State charged Mitchell with DUI with refusal to
submit to a chemical test and with driving during revocation,
and the district court conducted a jury trial. Mitchell elected
not to testify.
Three different officers observed Mitchellís driving beforeMore...
   $0 (09-23-2016 - NE)

State of Nebraska v. Douglas Rothenberger

Just after midnight on June 19, 2013, a motorist called the
911 emergency dispatch service to report that a vehicle traveling
on Highway 92 near Scottsbluff, Nebraska, was swerving
from one edge of the highway to the other and fluctuating
between 20 and 60 m.p.h. The motorist followed the vehicle
until Deputy Sheriff Jared Shepard arrived.
Shepard followed the vehicle and s... More...
   $0 (09-23-2016 - NE)

State of North Dakota v. Deven James Schmidt

In March 2014, a law officer served a misdemeanor bench warrant on Devin Lavallie, Deven Schmidt's roommate. Schmidt answered the door and informed the officer that Lavallie was sleeping inside the residence. The officer followed Schmidt inside the residence to Lavallie's bedroom, while another officer remained at the door. Schmidt went into his bedroom and closed the door while the officer execut... More...   $0 (09-22-2016 - ND)

State of North Dakota v. Danny Birchfield

After being arrested for driving under the influence, Danny Birchfield refused to consent to a warrantless chemical blood test and was charged with refusal to submit to a chemical test in violation of N.D.C.C. ß 39-08-01. He moved to dismiss the criminal charge, contending N.D.C.C. ß 39-08-01, which criminalizes the refusal to submit to a chemical test, is unconstitutional under the Fourth Amendme... More...   $0 (09-22-2016 - )

State of North Dakota v.Steve Michael Beylund

Steve Michael Beylund was arrested for driving under the influence and consented to a warrantless blood test incident to his arrest. The district court denied his motion to suppress the results of the warrantless blood test and he conditionally pled guilty under N.D.R.Crim.P. 11(a)(2) to driving under the influence, reserving his right to appeal the court's order denying his motion to suppress.More...   $0 (09-22-2016 - ND)

State of North Dakota v. Kyle Lynn Baxter

A Stark County deputy sheriff stopped Kyle Baxter's vehicle after observing the vehicle with frost on the windshield weaving, being driven in the opposite lane of traffic, and almost hitting the curb. The deputy noticed a very strong odor of alcohol on Baxter and that he was lethargic and slow to respond to questions. After Baxter failed a field sobriety test, the officer read Baxter the implied c... More...   $0 (09-22-2016 - ND)

STATE OF MONTANA v. BRITNEY PORSCHE HOOPER

On June 26, 2014, Hooper knocked on the door of Mrs. Blazís home under the
guise of selling Mrs. Blaz magazine subscriptions. When Mrs. Blaz declined to give
Hooper any money, Hooper forced herself into Mrs. Blazís house and knocked the
84-year-old woman to the ground. Once in the home, Hooper grabbed and twisted Mrs.
Blazís wrist and threw her to the ground. Mrs. Blaz hit he... More...
   $0 (09-22-2016 - MT)

STATE OF MONTANA v. KURTIS LEE KILLSONTOP

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not
serve as precedent. Its case title, cause number, and disposition shall be included in this
Courtís quarterly list of noncitable cases published in the Pacific Reporter and Montana
Reports.
∂2 Kurtis Killsonto... More...
   $0 (09-22-2016 - MT)

STATE OF MONTANA v. DUEY DEAN HONKA

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not
serve as precedent. Its case title, cause number, and disposition shall be included in this
Courtís quarterly list of noncitable cases published in the Pacific Reporter and Montana
Reports.
∂2 Duey Dean Honka... More...
   $0 (09-22-2016 - MT)

STATE OF MONTANA v. RICHARD LEE GRIFFIN

In January 2014 the State charged Griffin with six felonies arising from his sexual
contact with two step-daughters. The evidence presented during the Stateís case-in-chief
showed that Griffin repeatedly engaged in sexual contact with the girls, in addition to
inflicting beatings, requiring them to do house work in the nude, and killing their pets.
Griffin did not present any... More...
   $0 (09-22-2016 - MT)

TODD LEE HARNDEN v. THE STATE OF WYOMING

On August 14, 2014, Todd Lee Harnden started drinking vodka around seven oíclock in the morning. That afternoon, he went with hismother to the Laramie Walmartto purchase propane for grilling. After paying for the propane inside, Harnden then waited outside for an employee to open the propane cage to exchange the empty propane tank for a full one. Harnden became impatient and went back inside th... More...   $0 (09-21-2016 - WY)

YASSIN MUHIDDIN AREF, ET AL. v. LORETTA E. LYNCH, ATTORNEY GENERAL OF THE UNITED STATES, ET AL.

Appellants are three federal prisoners who spent several years housed in specially designated Communication Management Units (CMUs), a classification that meant family visits and communications with the outside world were curtailed. Appellants contend their designation to CMUs violated their due process rights. One appellant also alleges his continued CMU placement was in retaliation for protect... More...   $0 (09-21-2016 - DC)

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