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Invasion of Privacy Law
 
STATE OF NEW JERSEY VS. ROCCO C. AGRESTA

We briefly summarize the evidence presented at trial. In
January 2013, B.K. saw an advertisement for cabinets and a
countertop on Craigslist, which he thought might be appropriate
for his kitchen.1 The advertisement did not mention labor or
installation, and it did not describe defendant as a contractor.
B.K. thought if he purchased the items for sale he would be getting <... More...
   $0 (02-18-2017 - NJ)

STATE OF NEW JERSEY VS. ERIC LUNSFORD

Defendant, Eric Lunsford, appeals from the March 23, 2015
Law Division order denying of his petition for post-conviction
relief (PCR) without a hearing. Tried to a jury, defendant was
convicted of aggravated manslaughter, aggravated assault,
assault with a firearm, and related weapons charges stemming
from an attempted home invasion that left one person dead and
anot... More...
   $0 (02-18-2017 - NJ)

United States v. Halliburton Company

Under the Logistics Civil Augmentation Program (“LOGCAP”), the U.S. Army contracts with private companies to provide a wide range of logistical services. In 2001, the Army awarded KBR the third contract issued under the LOGCAP program, known as “LOGCAP III.”1 LOGCAP III 1 We refer to Appellees collectively but note that Kellogg Brown & Root Servic... More...   $0 (02-17-2017 - DC)

DGABRIEL BRIAN NOCK v. STATE OF FLORIDA

The defendant appeals his conviction and sentence for first degree murder while engaged in the commission of a robbery, and tampering with physical evidence. He raises three issues. We find no merit in any of them, but write to discuss the third issue concerning the detective’s testimony regarding the defendant’s statement. We affirm.

The evidence revealed that the victim, a sixty ei... More...
   $0 (02-17-2017 - FL)

State of Tennessee v. Christopher Minor

This appeal arises as a result of the murder and aggravated burglary of deceased victim Rico Swift, and the aggravated robbery and aggravated assault of female victim Julie Frye. The jury trial began on September 22, 2015. At trial, the parties presented the facts summarized below.

The afternoon of June 8, 2014, Terron Kinnie called the defendant and asked that the defendant and Fredd... More...
   $0 (02-16-2017 - TN)

State of Minnesota vs. Leona Rose deLottinville

This case presents the question of whether police, having obtained an arrest warrant,
are required by the United States Constitution or the Minnesota Constitution to obtain a
search warrant to enter a third party’s home to arrest the subject of the arrest warrant.
Because we conclude that a search warrant is not required, we affirm.
In 2015, appellant Leona Rose deLottinville ... More...
   $0 (02-15-2017 - MN)

STATE OF MISSOURI v. JERRY J. SWARTZ

On March 21, 2014 around 11:50 p.m., Sergeant Nicholas Berry ("Sergeant Berry")
of the Missouri State Highway Patrol was on patrol on Highway M in Moberly, Missouri.
Just before midnight, Sergeant Berry viewed Swartz driving in the middle of the roadway
on an extension of Highway M known as Urbandale. The stretch of Urbandale where this
occurred is a two-lane blacktop road wi... More...
   $0 (02-15-2017 - )

DANIEL GERARD LACEY v. STATE OF MONTANA

Lacey pled guilty to four counts of felony Sexual Intercourse Without Consent and
two counts of felony Sexual Assault. The facts related to these convictions are set forth
in State v. Lacey, 2009 MT 62, 349 Mont. 371, 204 P.3d 1192, wherein we affirmed
Lacey’s convictions, and werestate only those facts applicable to the issues raised here.
¶3 In February 2005, Lacey and his ... More...
   $0 (02-13-2017 - MT)

SUNDUS SALEH V. GEORGE BUSH

Plaintiff Sundus Shaker Saleh sues several individuals who served as high-ranking officials in the administration of President George W. Bush. Plaintiff claims that the former officials conspired to engage in, and did engage in, a war of aggression against Iraq and that, in doing so, they violated the “law of nations” within the meaning of the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350. The di... More...   $0 (02-13-2017 - CA)

JORGE MORLAS vs STATE OF FLORIDA

Appellant, along with two other men, made plans to burglarize a home at random. After casing a particular location and determining that no one was home, they returned to perform the crime. Appellant and one of his accomplices walked from the car to a cemented area in front of the home, characterized by the State as an “attached porch.” The evidence at trial revealed markings consistent with the... More...   $0 (02-12-2017 - FL)

VICTOR GUERRA vs STATE OF FLORIDA

We reverse appellant’s sentence of 45 years for solicitation to commit murder, armed home invasion robbery, and refusal to submit a DNA sample, because the trial judge erred in forcing appellant to be sworn during his allocution at the sentencing hearing and subjecting him to cross-examination. We remand for resentencing before a different judge.

Appellant entered an open plea to the c... More...
   $0 (02-12-2017 - FL)

Sudus Shaker Saleh v. George W. Bush, et al.

Plaintiff Sundus Shaker Saleh sues several individuals
who served as high-ranking officials in the administration of
President George W. Bush. Plaintiff claims that the former
officials conspired to engage in, and did engage in, a war of
aggression against Iraq and that, in doing so, they violated the
“law of nations” within the meaning of the Alien Tort Statute
(“ATS”), 28... More...
   $0 (02-12-2017 - CA)

STATE OF WASHINGTON V. DONALD J. TRUMP

On January 27, 2017, the President issued Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Executive Order”). 82 Fed. Reg. 8,977. Citing the terrorist attacks of September 11, 2001, and stating that “numerous foreign-born individuals have been convicted or implicated in terrorismrelated crimes” since then, the Executive Order declares that ... More...   $0 (02-09-2017 - WA)

STATE OF KANSAS v. BILLY SARTIN, aka Paul Ware, aka Billy Ivy

On April 4, 1995, a Sedgwick County jury found Sartin guilty of aggravated kidnapping, aggravated criminal sodomy, aggravated robbery, robbery, and aggravated sexual battery, all committed on January 21, 1995. The district court imposed sentence on June 8, 1995.

The presentence investigation (PSI) report showed Sartin had five prior felony convictions, all in the state of Illinois. Four... More...
   $0 (02-06-2017 - KS)

STATE OF KANSAS v. REX WILLIAM ALLEN MILLS

On May 5, 2015, the State charged Mills with breach of privacy. The complaint alleged Mills installed or used a camera to videotape, film, photograph, or record B.R.H. and L.H. in a state of undress without their consent or knowledge with the intent to invade their privacy. According to the probable cause affidavit, B.R.H. located a spy camera in the bathroom of the residence he and his wife, L.H.... More...   $0 (02-06-2017 - KS)

State of Florida v. Christopher Markus

The factual events of the incident began in the early evening of Saturday,
April 17, 2010, at the home of Justin McCumbers, Brandon Junk, and Eric Blair.
At the time, Christopher Markus had an agreement under which he would live in
the home for two to four nights per week in a spare bedroom and pay $400 rent per
month. McCumbers testified that Markus was staying overnight on ... More...
   $0 (02-03-2017 - FL)

State of Tennessee v. Corey Forest

This case arises from the stop of the Defendant’s vehicle on April 8, 2014, and the subsequent search of the Defendant’s vehicle during which law enforcement officers
2

found cocaine, marijuana, and a handgun.

Before trial, the Defendant filed a motion to suppress, contending, among oter things, that the City of Columbia police officer lacked jurisdiction to act outside ... More...
   $0 (02-03-2017 - TN)

The State of New Hampshire v. Robert Grimpson Smith

The pertinent facts are as follows. On August 2, 2014, Officer Alden responded to a report that a woman, later identified as Kerry St. Lawrence, had collapsed on the lawn outside 14 Bank Street in Lebanon. When Alden arrived, he saw St. Lawrence sitting bent over on the lawn, approximately six feet from the entrance of the rooming house located at that address. Alden called out to her, but she ... More...   $0 (02-02-2017 - NH)

STATE OF KANSAS v. JOHN T. BAUMANN

On April 15, 2014, the Sedgwick County District Court entered a protective order restricting Baumann from having any contact with his former girlfriend, Sara Beard. The order specifically prohibited "personal contact, contact by telephone, written correspondence, including electronic mail [e-mail] and/or instant messaging." That same
day, the State charged Baumann with one count each of burgl... More...
   $0 (02-01-2017 - KS)

Demitres Coleman v. The State of Texas

At Demitres Coleman’s trial on one count of indecency with a child, Beth Green,1 by sexual
contact and two counts of aggravated sexual assault of Green, the jury heard evidence from two
other alleged victims of extraneous sexual offenses that had never been prosecuted. Both of
Coleman’s points of error on appeal of his convictions and sentences2 involve those extraneous
offens... More...
   $0 (01-29-2017 - TX)

STATE OF NEW JERSEY v. JAMES MCDOWELL, a/k/a SISA BUTU

A jury convicted defendant James McDowell of eight crimes
related to sexual assaults of a female victim. On two of the
convictions he was sentenced to consecutive terms of eighteen and
ten years in prison. All of the other convictions were either
merged or the sentences were run concurrently. The consecutive
prison terms were subject to the No Early Release Act (NERA), ... More...
   $0 (01-27-2017 - NJ)

STATE OF NEW JERSEY VS. GEORGE SANCHEZ

Defendant George Sanchez was charged with brutally assaulting
his girlfriend, K.M.1 A jury acquitted defendant of several first
degree charges, but convicted defendant of the following offenses:
fourth-degree false imprisonment, N.J.S.A. 2C:13-3; third-degree
aggravated criminal sexual contact while the victim was physically
helpless, N.J.S.A. 2C:14-3; second-degree attemp... More...
   $0 (01-27-2017 - NJ)

TAVARES DAVID CALLOWAY vs. STATE OF FLORIDA

On January 21, 1997, eighteen-year-old Anthony Strachan was at home in
his family’s apartment on 580 Northwest 64th Street in Miami, cutting a friend’s
hair. Strachan went into the kitchen and, through the kitchen window, saw one of
his neighbors, “Shorty,” standing outside on 64th Street with two unknown men.
One man, who wore a skull cap and a heavy brown coat that resemble... More...
   $0 (01-27-2017 - FL)

Matthew B. Bakewell v. State of Indiana

On June 6, 2014, Elkhart County Sheriff’s Deputy Bob Smith (Officer Smith)
received a tip from an unidentified member of the Drug Unit that someone was
manufacturing methamphetamine in room 124 of the Day Lite Inn, located in
Elkhart County, Indiana. Officer Smith, together with his trainee Elkhart
County Sheriff’s Deputy Eric Dilley (Officer Dilley), responded to the tip. More...
   $0 (01-26-2017 - IN)

STATE OF IOWA vs. KEVIN LEROY BAUDLER

On January 7, 2015, Assistance Chief Terry Miller, Deputy Gary Davis,
and Officer Todd Halverson executed a search warrant for an outbuilding and a
fifth-wheel camper located on a property in Winterset, Iowa. The search warrant
sought a 2009 Yamaha Rhino utility task vehicle (UTV) and a CAT skid loader
believed to be stolen, and sought permission to search the camper for
... More...
   $0 (01-25-2017 - IA)

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