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Interlocutory Appeal Law
 
Rodney Joe Garrett v. The State of Texas

On February 11, 2014, Derek Branning was driving north on Interstate 35 when he
recognized a white semi-truck that had been stolen from his workplace several weeks earlier.
Branning called 9-1-1 and continued to follow the truck until law enforcement officers arrived.
Bexar County Sheriff’s Office (“BCSO”) Deputy Derrick Crawford had been working
patrol in his marked police... More...
   $0 (05-19-2016 - TX)

The State of Texas v. Timothy Lynn Simon

Simon was charged with the offense of driving while intoxicated. Simon filed a motion to
suppress evidence and statements he made to the police. At the suppression hearing, the State
called two San Antonio Police Officers, William Dains and Kevin Dorsey, to testify. In addition,
the trial court viewed videotapes from cameras mounted in the officers’ patrol cars.
The evidence p... More...
   $0 (05-19-2016 - TX)

Joe Anthony Lara v. The State of Texas

Appellant Joe Anthony Lara was convicted by a jury of one count of continuous sexual assault, two counts of sexual assault, and four counts of indecency with a child.1 On appeal, Lara
contends the trial court erred in (1) denying his motion for new trial, which asserted the trial court
erred by denying his motion to admit evidence of the victim’s past sexual behavior pursuant to
Ru... More...
   $0 (05-19-2016 - )

Clayton Vincen Hale v. The State of Texas

Appellant Clayton Vincen Hale pleaded guilty to two counts of aggravated sexual
assault, see Tex. Penal Code § 22.021, and waived his right to a trial by jury. The trial court
convicted appellant and sentenced him to fifty years’ confinement in the Texas Department of
Criminal Justice, Institutional Division, for each count, with the sentences to run concurrently.
Appellant’s cour... More...
   $0 (05-19-2016 - TX)

Jack Hamilton Carr v. The State of Texas

Appellant Carshaolyn M. Briscoe filed a notice of appeal from a judgment of
conviction for driving while intoxicated. See Tex. Penal Code § 49.04. However, the trial court
certified that this is a plea bargain case and Briscoe has no right of appeal.
... More...
   $0 (05-19-2016 - TX)

Amber Rae Thornton v. The State of Texas

Appellant, Amber Rae Thornton, pleaded guilty to aggravated robbery
without an agreed punishment recommendation from the State. The trial court sentenced appellant to 50 years
in prison. See id. § 12.32(a), (b) (West 2011). Appellant filed a timely notice of
appeal. Appellant’s appointed counsel on appeal has filed a motion to withdraw, along
with a brief stating that the rec... More...
   $0 (05-19-2016 - TX)

Emilio Ledesma, Jr. v. The State of Texas

In 1991, Emilio Ledesma was convicted of robbery and sexual assault. He
was sentenced to thirty years’ imprisonment for the sexual assault and
subsequently was released on parole. Upon release from an intermediate sanction
facility (ISF) where he had been serving time for a parole violation, a parole officer
admonished Ledesma about his parole reporting requirements, includin... More...
   $0 (05-19-2016 - TX)

AMERICAN BIOMEDICAL GROUP, INC. v. TECHTROL, INC.

This legal battle began in 2006 when American Biomedical Group, Inc. (ABGI) and ABG Cattletraq, LLC (Cattletraq) filed a petition in the district court against Techtrol, Inc. and William Ardrey (Defendants); Defendants then filed a counterclaim. ABGI and Cattletraq dismissed their claims and causes of action against Defendants (without prejudice), leaving Defendants' counterclaim pending. Two year... More...   $0 (05-19-2016 - OK)

STATE OF NEBRASKA V. DWAN D. HARDEN

On May 9, 2014, Harden and the victim in this case, M.P., began communicating on a social media website. After going out drinking with her friends that night, M.P. returned home around midnight and noticed that Harden was online. They agreed to get together to smoke marijuana, and Harden picked M.P. up at her residence in a sport utility vehicle (SUV). They drove to a gas station, and afterwards, ... More...   $0 (05-19-2016 - NE)

STATE OF NEBRASKA V. BOBBY J. MOSS

On March 17, 2005, the State filed an amended information charging Moss with two counts of second degree murder, and two counts of use of a deadly weapon to commit a felony, arising out of acts occurring on approximately December 4, 2003, against victim Michelle Harlan and her unborn child. A bench trial commenced on May 31, 2005. The evidence established that on December 6, 2003, officers with t... More...   $0 (05-19-2016 - NE)

STATE OF SOUTH DAKOTA v. CLEVE ROBERT JANIS, JR.

The jury in this case heard evidence that Janis married Jamie Moreno
on August 23, 2013, in Hot Springs, South Dakota. J.E., the victim in this case, was
Moreno’s maid of honor. After the ceremony, J.E. consumed a large number of
alcoholic drinks at the reception. At approximately 1:00 a.m., J.E. received a ride to
the home of Janis and Moreno, where she was staying the nigh... More...
   $0 (05-19-2016 - SD)

Jeffery Allen Lafferty v The State of Wyoming

The saga began on November 2, 2012, when the State charged Mr. Lafferty with one count of first-degree sexual abuse of a minor and arrested him. The Information alleged that Mr. Lafferty, the minor T.L.’s guardian, inflicted sexual intrusion on her by digital penetration of her vagina sometime between January 1, 2010 and June 30, 2010.
[¶4] Mr. Lafferty’s preliminary hearing in circuit cour... More...
   $0 (05-19-2016 - WY)

Antonio Ribeiro v. The Rhode Island Eye Institute, et al

On August 24, 2004, Antonio Ribeiro, a forty-year-old tradesman, came to see Dr.
Newman at the Eye Institute because he had been experiencing blurred vision in his right eye for
the previous three to four weeks. Doctor Newman testified that he examined Ribeiro’s eye, and,
during the course of that exam, he employed five separate diagnostic tests to determine the cause
of Ribei... More...
   $0 (05-19-2016 - RI)

STATE OF NEW JERSEY VS. AMEIKA TASEIKA MULLINGS

On December 23, 2006, defendant was arrested for
shoplifting at a local shopping mall, striking a security guard
in the head with a cell phone, and attempting to flee the scene
by car. She was indicted on charges of first-degree robbery,
N.J.S.A. 2C:15-1(a)(1) (count one); third-degree aggravated
assault, N.J.S.A. 2C:12-1(b)(2) (count two); second-degree
eluding, N.J... More...
   $0 (05-19-2016 - NJ)

STATE OF NEW JERSEY VS. STEFANIE O. EL-ANSARI

Defendant Stefanie O. El-Ansari appeals from the October
10, 2014 Law Division order entered after she conditionally pled
guilty to refusing to provide a breath sample, N.J.S.A. 39:4
50.2. The Law Division judge suspended her driver's license for
seven months, ordered her to serve twelve hours in an
A-1480-14T2 2
intoxicated drivers resource center, fined her $406, an... More...
   $0 (05-19-2016 - NJ)

STATE OF NEW JERSEY VS. ROYAL J. BASKERVILLE

Subsequent to the denial of his suppression motion,
defendant Royal J. Baskerville entered a conditional guilty plea
to third-degree possession of a prohibited weapon, N.J.S.A.
2C:39-3(b); third-degree unlawful possession of a weapon,
N.J.S.A. 2C:39-5(c)(2); and second-degree certain persons not to
have weapons, N.J.S.A. 2C:39-7(b). He now appeals the denial of
the s... More...
   $0 (05-19-2016 - NJ)

STATE OF NEW JERSEY VS. ATOM MUHAMMED

Defendant Atom Muhammed appeals from a December 6, 2013
order denying his post-conviction relief (PCR) petition without
an evidentiary hearing. Defendant argues: the PCR judge erred
May 18, 2016 by finding his petition was procedurally barred; his conviction
should be reversed because the trial judge failed to voir dire a
sleeping juror; and the matter should be remanded ... More...
   $0 (05-19-2016 - NJ)

STATE OF NEW JERSEY VS. GIUSEPPE PAPARATTO

Defendant Giuseppe Paparatto appeals from the June 27, 2014
order denying his motion to vacate a guilty plea he entered in
2006. Defendant claims he presented a colorable claim of
innocence, the motion judge erred in failing to consider his
reasons for withdrawing his plea, and the State will not be
prejudiced if it had to try the ten-year-old charges. Finding
no me... More...
   $0 (05-19-2016 - NJ)

STATE OF NEW JERSEY VS. JOANNE OCCHIPINTI

Defendant appeals from the Law Division's order entered
after a de novo trial on the record. The Law Division judge
found her guilty of driving while intoxicated (DWI), N.J.S.A.
39:4-50, setting forth his reasons in a thorough oral opinion.
A-2285-14T3 2
After reviewing the record in light of the contentions advanced
on appeal and the applicable law, we affirm.
... More...
   $0 (05-19-2016 - NJ)

STATE OF NEW JERSEY v. BOBBY PERRY (a/k/a BOBBY PENNY

Defendant was charged with sexually and physically
assaulting a woman he had been casually dating. Prior to trial,
defendant filed a motion under the New Jersey Rape Shield Law,
N.J.S.A. 2C:14-7 (Rape Shield Law), to admit DNA evidence of an
unidentified semen stain, which did not belong to defendant,
found on the shorts that the victim was wearing on the night of
th... More...
   $0 (05-18-2016 - NJ)

STATE OF CONNECTICUT v. WILLIAM CASTILLO

The defendant, William Castillo, appealsfromthejudgmentofconviction,renderedafter a jury trial, of attempt to commit robbery in the first degree in violation of General Statutes §§ 53a-49 and 53a-134 (a) (3), and attempt to commit robbery in the second degree in violation of General Statutes §§ 53a49 and 53a-135 (a) (1) (A). The defendant, who was nearly seventeen years old at the time of his arr... More...   $0 (05-18-2016 - CT)

Ricky Lee Tate vs State of Florida

On April 29, 2002, the State filed a three-count amended information (“the
Information”) against Ricky Lee Tate. Count I charged him with lewd or lascivious
battery in violation of section 800.04(4), Florida Statutes. Counts II and III charged
him with lewd or lascivious molestation in violation of section 800.04(5)(d),
Florida Statutes.
On May 17, 2002, Tate entered ple... More...
   $0 (05-18-2016 - FL)

Ronald Gennaro Beermunder vs State of Florida

A question has arisen whether our panel can second-guess and deem
erroneous the parties’ stipulation that three defense motions are dispositive, thereby
justifying dismissal of this appeal on jurisdictional grounds.1 In the sentencing
recommendation and at the sentencing hearing, the prosecutor stipulated that the
resolution of the motions would be dispositive.2 In a footnote i... More...
   $0 (05-18-2016 - FL)

Tyler Darnell vs. The State of Florida

The defendant was charged with the second degree murder of Adan Castillo
Moreno and the attempted first degree murder of Frederico Hernandez, who were
stabbed in the side alley of a shopping center where Lili’s Cafeteria is located.
Prior to trial, the defendant moved to suppress the videotaped statement he gave to
law enforcement following his arrest in which he confessed to s... More...
   $0 (05-18-2016 - FL)

Raymond German v. State of Florida

Appellant was initially charged with stalking and simple battery. He pleaded no contest to both counts and was sentenced to a total of eighteen months of probation. As a condition of probation, Appellant was prohibited from contacting the victim of the initial charges. The day after his conviction, Appellant met with his probation officer and was instructed on all of the conditions of his proba... More...   $0 (05-18-2016 - FL)

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