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Invasion of Privacy Law
 
STATE OF OHIO vs. JULIO E. COLON

In February 2015, Colon was indicted on seven counts of rape and
two counts of kidnapping, all with sexually violent predator specifications, in connection
with allegations that he and codefendant Philip Gordon molested two mentally disabled
brothers. In April 2015, the trial court granted the defendant’s motion for an
independent psychiatric assessment of the brothers. The r... More...
   $0 (11-11-2017 - OH)

Ace Michaels v. State of Indiana Indiana Supreme Court

Michaels moved in with L.L. and L.L.’s three-year-old grandson in May of
2016 in exchange for some him completing work around her house. On May
10, 2016, L.L. became angry because Michaels returned to the house very
intoxicated. When L.L.’s anger became evident, Michaels responded by
running towards L.L. screaming and cursing. App. Vol. II, p. 17. L.L.
attempted to lea... More...
   $0 (11-11-2017 - IN)

Doyle Burton v. State of Indiana Indiana Supreme Court

On October 17, 2016, the State charged Burton with Class A misdemeanor
operating a vehicle while intoxicated, Class B misdemeanor operating a vehicle
while intoxicated endangering a person, and Class C misdemeanor operating a
motor vehicle without ever receiving a license. On November 28, 2016, Burton
moved to suppress evidence obtained pursuant to a warrantless search of his ... More...
   $0 (11-11-2017 - IN)

United States of America v. Thomas Wallace District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Member of Lawrence Kidnapping Crew Sentenced to 13 Years in Prison

A member of a Lawrence-based kidnapping crew was sentenced on November 9, 2017 in federal court in Boston for his role in a 2012 kidnapping.

Thomas Wallace, 29, of Raymond, N.H., was sentenced by U.S. District Court Judge Richard G. Stearns to 13 years in prison and three years of supervised release. ... More...
   $0 (11-11-2017 - MA)

Osbaldo Padron v. Watchtower Bible and Tract Society of New York, Inc.

This case presents the issue whether a superior court can impose a hefty daily
monetary sanction on a party who steadfastly refuses to comply with a discovery order.
Here, the court ordered Watchtower Bible and Tract Society of New York, Inc.
(Watchtower) to produce documents responsive to a specific request for production. Per
2
the court's order, the documents would be redac... More...
   $0 (11-11-2017 - CA)

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. 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)

STATE OF NEW MEXICO v. LARRY BYROM New Mexico Court of Appeals

The facts are taken from the testimony at the suppression hearing held on June
18 11, 2015, unless otherwise noted. New Mexico State Police Sergeant James R.
19 Foreman responded to a call from dispatch on February 2, 2015 around 3:30 p.m.
2
1 concerning a man “slumped over the steering wheel” of his vehicle in the parking lot
2 of Dino’s Mini-Mart in Farmington, New Mexico. Th... More...
   $0 (11-08-2017 - NM)

Lamonte Brewer v. Superior Court of Contra Costa County, The People of the State of California

Defendant Lamonte Brewer seeks a writ of mandate directing the trial court to
grant his motion to set aside an information charging him with three gun possession
crimes. Defendant argues that the magistrate conducting the preliminary hearing should
have suppressed evidence of a gun that police found during a search of a car, and that
absent the gun evidence, the charges were not su... More...
   $0 (11-08-2017 - CA)

State of Washington v. Evergreen Freedom Foundation, d/b/a Freedom Foundation Thurston County Courthouse - Olympia, Washington

The State of Washington appeals the CR 12(b)(6) dismissal of its regulatory enforcement action against the Evergreen Freedom Foundation (the Foundation). The State filed suit after learning from a citizen complaint that the Foundation had provided pro bono legal services in support of local initiatives in Sequim, Chelan, and Shelton without reporting the value of those services to the Public Discl... More...   $0 (11-07-2017 - WA)

State of Tennessee v. Zachary Michael Johnson Nashville rape suspect arrested in Lauderdale-by-the-Sea

This case stems from sexual activity that occurred between the Defendant and the victim, S. K.,1 who had met online, on the evening of May 27-28, 2014, during their first and only in-person date. After drinking together at a bar, the Defendant and the victim went to the Defendant’s condominium, where they drank more alcohol together before engaging in sexual contact that began with consensual kis... More...   $0 (11-07-2017 - TN)

State of Tennessee v. Antonio Henderson Tennessee Supreme Court

The Defendant and his co-defendant, Marvin Dickerson, were jointly indicted for one count of especially aggravated robbery and one count of attempt to commit second degree murder as to victim Shabaka Reed; one count of attempt to commit aggravated robbery as to victim Nathan Cannon; one count of attempt to commit aggravated robbery and one count of aggravated assault as to victim Tiffany Fleming; ... More...   $0 (11-07-2017 - TN)

THE PEOPLE OF THE STATE OF ILLINOIS v. WILLIS REESE

The primary issue in this appeal is whether the offense of aggravated vehicular hijacking (720 ILCS 5/18-4(a)(3) (West 2006)) requires proof that the defendant took actual physical possession of a vehicle from the driver. We hold that the offense encompasses taking actual physical possession of a vehicle but may also be
committed when a defendant exercises control of the vehicle by use of for... More...
   $0 (11-05-2017 - IL)

Danny J. Howe v. State of Indiana COURT OF APPEALS OF INDIANA

Howe dated Jenifer Pickett off and on between December 2014 and April 2015.
Thereafter, the two remained friends, corresponding online and occasionally
spending time together. Howe continued to express interest in their friendship
developing into a romantic relationship, but Pickett was not interested. During
the summer of 2015, Howe began showing up at Pickett’s house at un... More...
   $0 (11-05-2017 - IN)

STATE OF NEW MEXICO v. LARESSA VARGAS SUPREME COURT OF THE STATE OF NEW MEXICO

On April 23, 2011 at approximately 1:00 a.m., Bernalillo County Deputy
2 Sheriff Patrick Rael was part of a force conducting a DWI checkpoint on Coors
3 Boulevard in Albuquerque when he encountered Vargas. As Vargas approached the
4 checkpoint, she stopped fifteen to twenty yards before she reached where Deputy
5 Rael was standing, and Deputy Rael waved his flashlight to get her a... More...
   $0 (11-03-2017 - NM)

Leonard Cottrell, et al. v. Alcon Laboratories, et al. Third Circuit Court of Appeals - Philadelphia, Pennsylvania

In this putative class action, consumers of prescription eye medication allege that manufacturers and distributors of the medication packaged it in such a way that forced them to waste it, violating the consumer protection statutes of their home states. The District Court dismissed the entire action for lack of jurisdiction, finding the consumers’ allegations of injury in fact insufficient to conf... More...   $0 (11-03-2017 - NJ)

FRANCISCO HENRY vs STATE OF FLORIDA

Four high school students (three males, one female) were playing cards and smoking marijuana in an abandoned house. A man (“the codefendant”) joined them in playing cards and texting until Appellant arrived. The co-defendant produced a gun and ordered the victims to put their possessions on a table. He ordered the female student to remove her pants, and he penetrated her vagina with a pencil. ... More...   $0 (11-02-2017 - FL)

Marla Gwen Hogue v. Jerry Dean Hogue

Plaintiff Marla Gwen Hogue sought a restraining order under the Domestic
Violence Prevention Act (Fam. Code, § 6200 et seq.) against her estranged husband,
defendant Jerry Dean Hogue, in February 2016 after moving back to California from
Georgia. In April 2016, defendant made a special appearance through counsel to move to
1
quash the action for lack of personal jurisdiction.1 ... More...
   $0 (10-30-2017 - CA)

United States of America v. Dan Calvert Wallen Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Dan Wallen appeals his conviction after a bench trial for
killing three grizzly bears in violation of the Endangered
Species Act. Although we reject Wallen’s argument that he
was entitled to a jury trial, we hold the magistrate judge, who
served as the trier of fact at trial, misconceived the selfdefense
element of the offense, and that error was not
harmless. We hold the “... More...
   $0 (10-29-2017 - MT)

The People of the State of New York v. Sean Garvin

In this case, we are asked to overrule our prior
decisions holding that a warrantless arrest of a suspect in the
threshold of a residence is permissible under the Fourth
Amendment, provided that the suspect has voluntarily answered the
door and the police have not crossed the threshold. We decline
to do so, and now reaffirm our longstanding rule.
I.
Defendant was convic... More...
   $0 (10-24-2017 - NY)

Dryden Oaks, LLC v. San Diego County Regional Airport Authority

In 2001, Michael Durkin used two limited liability companies—Dryden Oaks LLC
and Durkin-CAC Lot 24, LLC—to purchase two lots directly adjacent to the McClellan
Palomar Airport (Airport) in the City of Carlsbad, California (City). His development
plans for the two lots were initially successful despite determinations by the San Diego
County Regional Airport Authority (Authority) tha... More...
   $0 (10-23-2017 - CA)

Amal Eghnayem, et al. v. Boston Scientific Corporation Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this products liability suit, Boston Scientific Corporation (BSC) appeals from various orders and a final judgment in favor of the plaintiff, Amal Eghnayem. Eghnayem alleged substantial injuries caused by the Pinnacle Pelvic Floor Repair Kit, a transvaginal mesh prescription medical device manufactured and sold by BSC. She initially filed suit in the Southern District of West Virginia as part o... More...   $0 (10-21-2017 - FL)

State of Louisiana v. Avery Julien

Having found the search in this case did not comply with the
requirements of Article 895(A)(13)(a), we further hold the search
constituted an unreasonable search and invasion of Mr. Julien’s
privacy under Article I, §5 of the Louisiana Constitution for the
same reasons assigned this day in State v. Brignac, 17-448 (La. -
-/--/17), -- So. 3d. --. Thus, the evidence is properly e... More...
   $0 (10-18-2017 - LA)

State of Louisiana v. Kayla Brignac

La. C.Cr. P. art. 895(A)(13)(a) that a warrantless
search of a probationer’s residence be conducted by the probation
officer specifically assigned that probationer. The
determination of whether a probation officer is “assigned to” a
particular probationer is a factual finding to be made by the
district court. Based on the record in this case, we find no
error in the distric... More...
   $0 (10-18-2017 - LA)

In the Interest of L.G.D. and A.F.D., Children Hunt County Courthouse - Greenville, Texas

Mac’s and Meg’s long history of domestic abuse and drug use led to the removal of their two children, L.G.D. and A.F.D.,1 by the Texas Department of Family and Protective Services (TDFPS). After a jury trial, a Hunt County jury found that Mac’s and Meg’s parental rights to L.G.D. and A.F.D. should be terminated. Based on the jury’s verdict, the trial court terminated Mac’s and Meg’s parental right... More...   $0 (10-10-2017 - TX)

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