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Interlocutory Appeal Law
 
RASHARD D. MOFFETT V. THE STATE OF TEXAS Court of Appeals For The First District of Texas

Appellant, Rashard D. Moffett, pleaded guilty to the felony offense of
aggravated robbery with a deadly weapon.1 The trial court found appellant guilty
and assessed his punishment at confinement for fifteen years. The appeal of this case
was abated and the case was remanded to the trial court. The State has filed motions
to reinstate and dismiss the appeal. We grant the motions... More...
   $0 (05-04-2017 - TX)

ERIK CATORCE MADRID v. THE STATE OF TEXAS Court of Appeals For The First District of Texas

At trial, Officer R. Carter of the Houston Police Department (“HPD”) testified
that he encountered Madrid driving his truck on the highway while en route to HPD’s
central intoxication facility (“central intox”) with another person Carter had just
arrested for driving while intoxicated. Carter followed Madrid’s truck in the
highway’s left lane and pulled Madrid over after pacin... More...
   $0 (05-04-2017 - TX)

STATE OF KANSAS v. JAMES SCOTT LOMON

On April 24, 2014, the State filed burglary and criminal damage charges against Lomon in Morris County District Court. At that time, Lomon was in KDOC custody at HCF. Lomon became aware of the pending charges and submitted a written request to file a 180-day writ with his Unit Team at HCF. HCF officials did not send Lomon's request to the Morris County Attorney or district court.

When H... More...
   $0 (05-04-2017 - KS)

STATE OF KANSAS v. SKYLER LEE BROOK Sex Offender

Skyler Brook was charged with electronic solicitation of a child and sexual exploitation of a child from an incident that occurred sometime between May 6 and May 20, 2013. Brook and the State agreed to a plea deal in which the State would drop the electronic solicitation charge in exchange for pleading guilty or no contest to the sexual exploitation charge. In addition to dropping the charges the ... More...   $0 (05-04-2017 - KS)

STATE OF KANSAS V. JUSTIN GIBBONS

In one Sedgwick County case, No. 14CR1793, Gibbons pled guilty to criminal possession of a firearm by a convicted felon and felony theft. In a second Sedgwick County case, No. 14CR2785, Gibbons pled guilty to possession of methamphetamine. The court consolidated these cases.

The district court granted Gibbons' motion for a downward dispositional departure to probation, citing the age ... More...
   $0 (05-04-2017 - KS)

Jacobo G. Garcia v. American Golf Corporation

In this opinion, we hold that the trail immunity in
Government Code section 831.41 does not immunize a dangerous
condition of a commercially operated, revenue generating public
golf course that causes injury to pedestrians on an adjacent trail.
Consequently, we reverse the summary judgment entered in
favor of City of Pasadena (City) on the claims by Jacobo G. Garcia
(Jacobo... More...
   $0 (05-04-2017 - )

STATE OF KANSAS v. BRIAN DIXON

On August 19, 2015, Dixon pled guilty to aggravated escape from custody, a severity level 8 nonperson felony. A presentence investigation (PSI) report prepared before sentencing indicated that Dixon's criminal history score was C based in part on a prior 2000 second-degree burglary conviction in Missouri, which was classified as a person felony. Dixon filed a motion for durational departure.
... More...
   $0 (05-03-2017 - KS)

Katia Julian v. Mission Community Hospital

This action arises out of a series of events that began at a
Los Angeles middle school, where Katia Julian taught
mathematics, and ended at Mission Community Hospital, where
Julian was involuntarily detained for mental health evaluation
and treatment. After her release, Julian sued the Los Angeles
Unified School District (LAUSD), the Los Angeles Unified School
Police (LAUSP... More...
   $0 (05-03-2017 - )

STATE OF KANSAS v. JEFFREY WADE CHAPMAN

On November 12, 2011, hunters driving along a rural road in Barton County discovered Damon Galyardt's body lying in a ditch with a bullet wound to the chest. The police investigation led to Chapman, who knew Galyardt through a mutual friend. Chapman did not deny killing Galyardt.

Chapman testified at trial that he went to Galyardt's residence the night before the body was discovered. Ch... More...
   $0 (05-02-2017 - KS)

STATE OF KANSAS v. MAURICE ORLANDO STEWART

The events leading to Stewart's convictions began to unfold on June 27, 2010, when Cook checked into room 221 at the Econo Lodge in Olathe. Cook worked as a supervisor of a company that was pressure testing a pipe system close by in Kansas City, Missouri. Stewart; his girlfriend, Stephanie Laguna; and her son were staying in room 223, next door to Cook.

The next day, sometime around la... More...
   $0 (05-02-2017 - KS)

STATE OF MONTANA v. ZACHARY JORDAN KLUNDT

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
Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana
Reports.
¶2 Zach Klundt ap... More...
   $0 (05-02-2017 - MT)

The People of the State of Colorado v. Michelle L. ZadraThe People of the State of Colorado v. Cornell L. Adams

We begin by discussing the pertinent facts and procedural histories of the two
cases now before us.

A. Zadra

¶3 The People charged Michelle L. Zadra with, among other things, nine perjury
counts related to testimony that she provided in connection with her role as a captain in
the Gunnison County Sheriff’s Office with supervisory aut... More...
   $0 (05-02-2017 - CO)

William Costello Scott v. The People of the State of Colorado

The People charged Scott with several counts arising from a robbery. Among
those counts were one count of aggravated robbery-menaced victim and one count of
menacing. Scott did not object to these counts pursuant to Crim. P. 12(b)(2), which
provides, as pertinent here, that objections based on defects in the charging document
may be raised only by motion and that the failure ... More...
   $0 (05-02-2017 - CO)

Farouk Nagi v. The People of the State of Colorado

Farouk Nagi was charged with one count of sexual assault on a child by one in a
position of trust, committed as part of a pattern of abusing his stepdaughter, beginning
when she was thirteen years old and continuing until the abuse was reported when she
was fifteen years old. The jury convicted him as charged, and he was sentenced to an
indeterminate term of twelve years to li... More...
   $0 (05-02-2017 - CO)

Julio Venalonzo, a/k/a Melvin Manzanares(z) v. The People of the State of Colorado

Seven-year-old A.M. and eight-year-old C.O. told their respective parents that a
man called them over to him while the children were playing in the hallway of their
apartment complex and then touched A.M. sexually. Later that day, the two girls both
made statements to the police, and, as a result of those statements, police arrested
Venalonzo. During the course of the investi... More...
   $0 (05-02-2017 - CO)

Benjamin John Romero v. The People of the State of Colorado Sex Offender

The defendant, Benjamin Romero, began living with friends in 2009. During the
summer, he spent time with his friends’ fifteen-year-old daughters, C.T. and J.W. On
one occasion, C.T. accused Romero of putting his hand down her pants and touching
her over her underwear while she was sleeping. On another occasion, C.T. and J.W.
1... More...
   $0 (05-02-2017 - CO)

James Raymond Clary, as Personal Representative v. City of Crescent City

John Diehl, while a resident of Washington State, owned eight vacant lots in
Crescent City, California (City).
1
Diehl appeals from the superior court‘s denial of his
petition for a writ of administrative mandate, brought under Code of Civil Procedure
section 1094.5. Diehl‘s writ petition challenged the City‘s determinations that the
overgrown weeds and rubbish on his lots... More...
   $0 (05-02-2017 - )

STATE OF NEW MEXICO v. ASHLEY LE MIER

Le Mier unsuccessfully attempted to smuggle illegal substances into the
17 Roosevelt County Detention Center (RCDC) by concealing them within a body
18 cavity. The contraband was discovered during a strip search, Le Mier was charged
2
1 with three minor criminal offenses, she was arraigned on June 18, 2012, and pled not
2 guilty. Trial was initially set for mid-January 2013 ... More...
   $0 (05-01-2017 - NJ)

STATE OF NEW JERSEY v. WALLACE GASKINS, a/k/a WALLACE N. GASKINS, WALLACE MICHAEL, WALLACE MILLER, WALLACE N. MILLER and WALLACE N. MOORE

Defendant Wallace Gaskins appeals from a September 30, 2015
Law Division order denying his petition for post-conviction relief
(PCR). We affirm, substantially for the reasons expressed by
Judge Michael A. Petrolle in his oral opinion of the same date.
The facts underlying defendant's conviction are gleaned from
the evidence adduced at trial, which we summarized in our More...
   $0 (05-01-2017 - NJ)

STATE OF NEW JERSEY v. YERO C. BAILEY, a/k/a BAILEY C. YERO

Defendant Yero C. Bailey appeals from an August 1, 2014
judgment of conviction for two weapons offenses and resisting
arrest, crimes for which a judge sentenced him to an aggregate six
and one-half year custodial term. On appeal, defendant argues:
POINT I

DEFENDANT WAS DEPRIVED OF A FAIR TRIAL WHEN THE PROSECUTOR INDICATED DURING HIS OPENING AND CLOSING STATEMENTS ... More...
   $0 (05-01-2017 - NJ)

STATE OF NEW JERSEY v. DION E. ROBINSON (a/k/a QUANTAE MASON ALBERT MITCHELL)

Under federal and New Jersey search-and-seizure
jurisprudence, a police officer’s warrantless search of the
passenger compartment of a vehicle, following a lawful traffic
stop, is a constitutional protective sweep when the
circumstances give rise to a reasonable suspicion that a driver
or passenger “is dangerous and may gain immediate access to
weapons.” State v. Gam... More...
   $0 (05-01-2017 - NJ)

GLENROY BLACKWOOD v. STATE OF FLORIDA

Glenroy Blackwood appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief after an evidentiary hearing. Blackwood, a Jamaican citizen legally present in the United States, alleged that his trial counsel failed to warn him that he would be subject to automatic deportation as a result of entering a plea to aggravated assault with a deadly weapon and that ... More...   $0 (05-01-2017 - FL)

METRO BUTNER v. STATE OF FLORIDA

Mr. Butner was charged in a three-count information. A jury convicted Mr.
Butner on count one, attempted second-degree murder, section 782.04, Florida
Statutes (2012); on count two, aggravated assault with a firearm, section 784.021,
Florida Statutes (2012); and on count three, shooting within a building, section 790.19,
Florida Statutes (2012). The trial court adjudged him t... More...
   $0 (05-01-2017 - FL)

RANDY W. TUNDIDOR vs. STATE OF FLORIDA

Randy W. Tundidor was convicted of first-degree murder of Joseph
Morrissey (Count I), two counts of attempted first-degree murder and two counts
of attempted felony murder of Linda Morrissey and Patrick Morrissey (Counts II–
V), two counts of armed kidnapping of Joseph Morrissey and Linda Morrissey
(Counts VI–VII), armed burglary (Count VIII), armed robbery of Joseph Morrissey <... More...
   $0 (05-01-2017 - FL)

Fox factory, Inc. v. The Superior Court of Santa Clara County, Peter Isherwood, Real Party in Interest

Petitioner Fox Factory, Inc., doing business as Fox Racing Shox (Fox), is the
defendant in an action for personal injuries brought in Santa Clara County by plaintiff
and real party in interest Peter Isherwood. Fox moved to dismiss or stay plaintiff’s
lawsuit under the doctrine of forum non conveniens, but the superior court denied the
motion, citing authority requiring California t... More...
   $0 (05-01-2017 - )

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