M ORE L AW
LEXAPEDIA
Salus Populi Suprema Lex Esto

Information
About MoreLaw
Contact MoreLaw

Intervening Cause Law
 
State of Vermont v. Tyler Heffernan Vermont Supreme Court

Following a jury trial, defendant appeals his convictions for simple
assault and disorderly conduct stemming from a late-night brawl in downtown Burlington. First,
he argues that the court abused its discretion and denied him his rights to present a defense, to
compulsory process, and to due process when it denied his motion to continue the trial despite the
unavailability of... More...
   $0 (12-03-2017 - VT)

The People of the State of New York v. Stan XuHui Li Pain Clinic Doctor Is Sentenced in Overdose Deaths of 2 Patients

Defendant was a physician specializing in pain management. In 2004, he opened a pain management clinic in Queens. According to the People, the clinic was nothing more than a "pill mill" catering to people who were hopelessly addicted to pain medicine, primarily opioids. The People's evidence showed that, despite having been trained in the wide variety of methods for identifying legitimate pain and... More...   $0 (12-02-2017 - NY)

United States of America v. James Keith Beirle District of Wyoming Federal Courthouse - Cheyenne, Wyoming

In February 2014, James Keith Beierle was convicted of being a felon in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). At his first sentencing
hearing, the district court reviewed Beierle’s criminal history from the 1980s, which
included state felony convictions for burglary, robbery, and possession of a weapon
by a prisoner. The court determined that these three c... More...
   $0 (11-30-2017 - WY)

STATE OF MONTANA v. ROBERT LYSLE ROSE Jury finds Rose guilty of assaults, kidnapping

On June 6, 2003, following the conclusion of a four-day trial, a jury convicted
Rose of aggravated kidnapping, assault with a weapon, and assault on a peace officer.
Rose’s convictions stem from a January 2002 incident wherein Rose, high on
methamphetamine, kidnapped his co-worker in Kalispell and forced him, at knifepoint, to
drive Rose south for several hours towards Stevens... More...
   $0 (11-29-2017 - MT)

JOSE MENDEZ v. THE UNITED STATES

Plaintiff seeks compensation for work performed as a confidential informant and his suit is founded on allegations of the existence of a contract for the provision of those services. According to plaintiff, the United States agreed to “make a good faith best efforts [sic] to compensate Plaintiff for his services and assistance to the Government.” Am. Compl., ECF No. 57 ¶ 79. Plaintiff contends ... More...   $0 (11-29-2017 - NJ)

United States of America v. Joseph David Robertson Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Between October 2013 and October 2014, Joseph David Robertson excavated and constructed a series of ponds on National Forest System Lands and on the privately owned Manhattan Lode mining claim. In the process of creating these ponds, Robertson discharged dredged and fill material into the surrounding wetlands and an adjacent tributary, which flows to Cataract Creek. Cataract Creek is a tributary o... More...   $0 (11-29-2017 - MT)

Rickey Darrell Miller v. State of Texas Court of Appeals Fifth District of Texas at Dallas

Miller’s eight-year-old granddaughter, N.S., made an outcry to her school counselor that
Miller had sexually abused her. N.S. provided more details of two assaults in a subsequent
forensic interview at the Dallas Children’s Advocacy Center. N.S., who was ten years old at the
time of trial, testified about two incidents during which Miller sexually abused her. Miller also
tes... More...
   $0 (11-26-2017 - TX)

Dufort v. City of New York, et al. 


Plaintiff-appellant Ryan Dufort appeals from a memorandum and order of the United States District Court for the Eastern District of New York (Steven M. Gold, M.J.)2 granting summary judgment to the defendants, the City of New York and New York City police officers Joseph Marotta, Jae Shim, Thomas Conforti, and William Schmittgall (collectively, “Defendants”), on Dufort's claims under 42 U.S.C... More...
   $0 (11-24-2017 - NY)

Rebeca D. Balderas-Ramirez v. Anthony Carl Felder Travis County Courthouse - Austin, Texas

Rebeca D. Balderas-Ramirez appeals a final summary judgment that she take nothing
on claims she had asserted against Anthony Carl Felder following an automobile collision. The
pivotal issues on appeal concern whether Balderas-Ramirez presented any competent evidence of
property damages—including several years’ worth of claimed loss-of-use damages—and whether
any such damages exceed... More...
   $0 (11-23-2017 - TX)

United States of America v. John Francis Ley Third Circuit Court of Appeals - Philadelphia, Pennsylvania

This case concerns the criminal history provisions of the
Sentencing Guidelines. A defendant’s criminal history is
calculated by assigning points for prior sentences. The
Guidelines instruct that prior sentences “always are counted
separately if the sentences were imposed for offenses that were
separated by an intervening arrest.” More...
   $0 (11-22-2017 - )

Joshua Brenner v. American Education Services Eighth Circuit Courthouse - St. Louis, Missouri

Joshua Seth Brenner sued American Education Services (AES), allegingviolations of the Telephone Consumer Protection Act, 47 U.S.C. § 227. Brenner appeals the district court’s adverse grant of summary judgment. Having jurisdiction
under 28 U.S.C. § 1291, this court affirms.
Reviewing the record de novo in the light most favorable to the non moving
party, this court concludes that summar... More...
   $0 (11-21-2017 - MO)

William Rumburg, et ux. v. Ferry County PUD #1, et al. Ferry County Courthouse - Republic, Washington

At issue is whether William and Carol Rumburg timely filed suit
under tolling and grace periods provided by RCW 4.96.020, the local government tort
claim filing statute. After serving a second notice of claim on local government
defendants and allowing 60 days for the defendants to respond, the Rumburgs relied on
the statutory 5-day grace period in filing suit. The respondents cont... More...
   $0 (11-20-2017 - WA)

Patricia Arellano v. Clark County Collection Service, LLC; Borg Law Group, LLC Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Can a debt collector avoid liability under the Federal Fair
Debt Collection Practices Act by obtaining the debtor’s
lawsuit through a writ of execution? We conclude that such
a procedure frustrates the Act’s purpose and is thus
preempted.

I

Patricia Arellano was overdue on a small amount of
medical debt—$371.89 to be precise. A private collection
agency, C... More...
   $0 (11-19-2017 - NV)

Aleksandr Vasilenko v. Grace Family Church

Plaintiff Aleksandr Vasilenko was struck by a car as he crossed a public
street between the main premises of defendant Grace Family Church (the Church)
and the Church’s overflow parking area. Vasilenko contends that the Church
owed him a duty of care to assist him in safely crossing the public street and that
the Church was negligent in failing to do so. The Church argues that it h... More...
   $0 (11-19-2017 - CA)

Bret Cornell v. City and County of San Francisco

Police officer trainee Bret Cornell, while off-duty and in street clothes, went for a
run one morning in Golden Gate Park, stopping for a brief rest on a knoll called Hippie
Hill. Two uniformed patrol officers in the area spotted him, thought he looked
“worried,” and grew suspicious because the bushes on Hippie Hill are known for illicit
drug activity. As the patrolmen began to app... More...
   $0 (11-17-2017 - CA)

Brian D. Williams v. United States of America Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

In this case the district court denied Brian Williams’ motion to
vacate his sentence under 28 U.S.C. § 2255. Williams received an enhanced sentence under the
Armed Career Criminal Act, 18 U.S.C. § 924(e) (“ACCA”), and he petitioned for relief in light
of the Supreme Court’s decision in United States v. Johnson, 135 S. Ct. 2551 (2015) (“Johnson
II”), which struck down the residual c... More...
   $0 (11-15-2017 - OH)

United States of America v. Kenroy Lloyd Benford Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

A jury convicted Kenroy Benford of being a felon in possession of a firearm in
violation of 18 U.S.C. § 922(g)(1) based on his constructive possession of a loaded
pistol that police seized from an apartment bedroom he shared with his girlfriend.
On appeal, Benford argues the district court erred in three ways: (1) it abused its
discretion by admitting evidence under Federal Rule of... More...
   $0 (11-14-2017 - KS)

Kenneth Lucero v. Wayne A. Early Fourth Circuit Court of Appeals - Richmond, Virginia

Kenneth Lucero (“Appellant”) was arrested in April 2010 after leafleting outside a
Baltimore arena during a performance of the Ringling Brothers and Barnum & Bailey
Circus (“Circus”). Specifically, he was arrested for failing to confine his leafleting to an
area designated for protest activities, as set forth in a protocol formulated by Baltimore’s
legal department in 2004 (“Protoc... More...
   $0 (11-14-2017 - MD)

STATE OF OHIO v. DESHANON HAYWOOD Akron man sentenced to 35 years to life in prison for quadruple murder

During the early morning hours of April 18, 2013, four people were murdered in
the basement of an apartment on Kimlyn Circle in Akron. R.R., one of the victims, resided at the
apartment and had received a sizeable amount of heroin the night before his murder. The three
other victims found alongside him were K.W., his girlfriend; M.N., a female friend of K.W.; and
K.D., a mal... More...
   $0 (11-12-2017 - OH)

JOHN K. CALVIN v. STATE OF KANSAS

The facts relevant to Calvin's convictions are set forth in this court's opinion in Calvin v. State, No. 109,947, 2014 WL 4080155, at *1 (Kan. App. 2014) (unpublished opinion) (Calvin III):

"On December 12, 2002, someone killed John Coates just outside the back door of his residence. Police determined that Calvin, Melvin White, and Benjamin Russell were attempting to rob Coates when one... More...
   $0 (11-10-2017 - KS)

State of Wisconsin v. Dan J. Dopp Milwaukee County Courthouse - Milwaukee, Wisconsin

Milwaukee, WI - Jury Finds Man Mentally Ill When He Committed Triple Murder

The State of Wisconsin charged Dan Popp with three counts of first-degree intentional homicide for killing Mai Vue and Phia Vue and Jesus Panso-Perez.

Popp claimed insanity as his defense.

Charge(s)
Count No.

1

940.01(1)(a)

1st-Degree Intentional Homicide
<... More...
   $0 (11-10-2017 - WI)

STATE OF KANSAS v. ASHLEY JEANETTE DAKE

Dake's convictions arose out of an incident in May 2014, which began when she called 911 and threatened to kill someone. The 911 operator dispatched sheriff deputies to Dake's home and informed them that there was an armed female who was threatening to kill someone. Dake then called back and reported that while she was armed with a
2

pistol, it was in a holster and she did not inte... More...
   $0 (11-09-2017 - KS)

STATE OF KANSAS v. DARRELL L. WILLIAMS

In February 2014, police officers responded to a report that Williams had become suicidal. Police officers arrested Williams based on an unrelated warrant. Williams initially cooperated with the police officers but became unruly after learning that his girlfriend was also being arrested pursuant to a warrant for her arrest. After "tussling" with Williams, two police officers restrained him by tasi... More...   $0 (11-09-2017 - KS)

HARABIA JABBAR JOHNSON V. STATE OF KANSAS

On February 7, 1991, Johnson pled guilty to aggravated battery in case No. 90 CR 1426; first-degree murder, aggravated burglary, aggravated battery, aggravated arson, rape, aggravated sodomy, and two counts of aggravated kidnapping in case No. 90 CR 1427; and aggravated arson in case No. 90 CR 1843. In the first two cases, Johnson was 17 years old at the time he committed the crimes. In the last c... More...   $0 (11-08-2017 - KS)

STATE OF NEW MEXICO v. KENNETH TIDEY New Mexico Court of Appeals

On March 17, 2012, Lieutenant Conrad Jacquez, with the Deming, New
7 Mexico Police Department, stopped Defendant’s vehicle in response to a tip advising
8 that a driver of a gray Ford Crown Victoria was driving erratically, indicating a
9 possible drunk or reckless driver. Lieutenant Jacquez requested Defendant’s driver’s
10 license, registration, and insurance. Defendant handed L... More...
   $0 (11-08-2017 - NM)

Next Page

 
 
Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2018 MoreLaw, Inc. - All rights reserved.