Judgment Law
 
United States of America v. Jeffrey Charles Zander

Jeffrey Zander appeals from the district court’s amended judgment correcting
his sentence after our previous remand. Exercising jurisdiction under 28 U.S.C.
§ 1291 and 18 U.S.C. § 3742(a), we again reverse and remand for resentencing, but
affirm the district court’s refusal to consider certain sentencing issues that lie beyond
the scope of our prior mandate.
* After examining t

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Patrick Dwayne Murphy v. Terry Royal, Warden, Oklahoma State Penitentirary United States Court of Appeals for the Tenth Circuit Denver, Colorado

Patrick Dwayne Murphy asserts he was tried in the wrong court. He
challenges the jurisdiction of the Oklahoma state court in which he was convicted of
murder and sentenced to death. He contends he should have been tried in federal
court because he is an Indian and the offense occurred in Indian country. We agree
and remand to the district court to issue a writ of habeas corpus vaca

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Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
1
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
beach.
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent

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In the Interest of M.R., a Child

Appellant L.S. (Mother) appeals the trial court’s termination of her parentchild
relationship with her son M.R. In two issues, she contends that (1) the trial
court committed fundamental error by not providing statutorily-required warnings
(“statutory warnings”) at the status and permanency hearings and (2) the
evidence is legally and factually insufficient to support the trial cou

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City of Bedford, Texas v. Apartment Association of Tarrant County, Inc.

The Apartment Association of Tarrant County, Inc. is a trade association
whose members include multifamily-property owners in Bedford, Texas. In this
suit, the Association is representing and advocating for its members’ interests by
seeking to protect them from what it alleges are excessive fees, too-frequent
1See Tex. R. App. P. 47.4.
2
inspections, and unlawful taxes impo

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M&M Joint Venture AND Ledford E. White and Ledford E. White, P.C. v. Gwendolyn Gene Layton and Troylynn Ann Layton

Appellees Gwendolyn Gene Layton (Gwen) and Troylynn Ann Layton, husband and wife, sued appellants Ledford E. White and Ledford E. White, P.C. (White P.C.) (collectively the White Appellants) and appellant M&M Joint Venture
1See Tex. R. App. P. 47.4.
2
when they were not repaid funds they had provided, at White’s suggestion, to White’s friends. After a jury trial, the trial court render

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Lover Compton v. Lance Jue, D.D.S, and Lance Jue, D.D.S. d/b/a Beautifiul Smile at Lake Pointe

Appellant, Lover Compton, challenges the trial court’s rendition of summary judgment in favor of appellees, Lance Jue, D.D.S. and Lance Jue, D.D.S. doing
2
business as A Beautiful Smile at Lake Pointe1 (collectively, “Dr. Jue”), in her suit against Dr. Jue for dental malpractice, negligence, breach of warranty, lack of informed consent, medical battery, promissory estoppel, fraud, and viol

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Westwood Dental Management, Inc. v. Darby Dental Supply, LLC

Appellant Westwood Dental Management, Inc. appeals the trial court’s summary judgment in favor of appellee Darby Dental Supply, LLC in its suit on a contract. In three issues, Westwood contends that the trial court erred by granting summary judgment.
2
Because Darby failed to prove all elements of its cause of action as a matter of law, we reverse the summary judgment and remand for furthe

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Robert Holmes v. Craig Cassel

Appellant Robert Holmes appeals from the trial court’s grant of summary judgment in favor of appellee Craig Cassel. This suit began as a condemnation suit against Holmes, Cassel, and others regarding a tract of land in Houston. Proceeds from the condemnation sale were deposited into the registry of the court. Holmes
2
and Cassel filed cross-claims against each other, with each arguing that

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Levco Construction, Inc. v. Cleveland Construction, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.

Levco Construction, Inc. (“Levco”) sued Cleveland Construction, Inc. (“CCI”) and Whole Foods Market Rocky Mountain/Southwest L.P. (“Whole Foods”) for claims arising out of its role as a subcontractor on a construction project to build a Whole Foods store in Houston, Texas (“the Project”). CCI and Whole Foods also asserted claims against each other and Levco. Following a bench trial, the trial cour

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BC Ranch II, L.P. a/k/a Bosque Canyon Ranch II, L.P.; BC Ranch I, Inc., Tax Matter Partners v. Commissioner of Internal Revenue Fifth Circuit Court of Appeals - New Orleans, Louisiana

Petitioners-Appellants, BC Ranch I, L.P. (“BCR I”), and B.C. Ranch II, L.P. (“BCR II”), (collectively the “BCR Partnerships” or “Appellants”), claim that Respondent-Appellee, the Commissioner of Internal Revenue (the “Commissioner”), wrongfully disallowed their charitable deductions for two conservation easements. Appellants contend that in ruling for the Commission, the Tax Court wrongfully class

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Joseph Montano v. State of Texas Fifth Circuit Court of Appeals - New Orleans, Louisiana

Joseph Montano’s felony trial was terminated when the state trial judge declared a mistrial after a witness invoked his Fifth Amendment right against self-incrimination while testifying at trial. After Texas determined to retry him, Montano unsuccessfully sought relief in Texas court, arguing that a retrial would violate his rights under the Fifth Amendment’s Double Jeopardy Clause. Montano then f

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Curci Investments, LLC v. James P. Baldwin

Respondent James P. Baldwin (Baldwin), a prominent real estate developer,
is no stranger to the complicated world of business entity structuring. Over the course of
his lifetime, he has formed and held interest in hundreds of corporations, partnerships and
limited liability companies. This appeal concerns one of those limited liability
companies, JPB Investments LLC (JPBI).
App

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David Mueller v. Taylor Swift, Andrea Swift, Frank Bell and Scott Swift

Denver, CO - Jury Awards Taylor Swift $1

David Mueller sued Taylor Swift, Andrea Swift, Frank Bell and Scott Swift on tortious interference theories claiming that he was fired from his $150,000 a year job at KYGO radio in Denver after he was wrongfully was accused of groping Ms. Swift during a pre-concert photo session in 2013.

Mueller filed suit in the state district court in De

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Energy Insurance Mutual Limited v. Ace American Insurance Company

This insurance coverage dispute arises from a massive explosion that occurred
when an unmarked petroleum pipeline was struck by an excavator. Numerous lawsuits
were filed against a range of defendants, including the pipeline owner and the staffing
agency providing personnel to the pipeline. After settling the lawsuits against the
pipeline owner, an excess insurer for the pipeline s

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STATE OF OKLAHOMA V. ALICIA MERCEDES ANDERSON

Pawhuska, OK - STATE OF OKLAHOMA V. ALICIA MERCEDES ANDERSON

1. POSSESSION OF CONTROLLED DANGEROUS SUBSTANCE

2. UNLAWFUL POSSESSION OF DRUG PARAPHERNALIA, in violation of 63 OS 2-405

3. PUBLIC INTOXICATION, in violation of 37 OS 8, 537(A)(8)

Docket
Date Code Description Count Party Amount
02-11-2016

INFO CT1

Document

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The People v. Financial Casualty & Surety, Inc.

In this consolidated appeal, Financial Casualty & Surety, Inc. (FC Surety) appeals
two orders denying it relief from the forfeiture of a $150,000 bail bond. The trial court
denied FC Surety‘s bail agent‘s initial motion to vacate the forfeiture under Penal Code
section 980, subdivision (b).1
The trial court also denied FC Surety‘s motion to set aside
the summary judgment issue

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The People of the State of California v. William White and Victor Hernandez Victor Hernandez - Photo from Merced County Sheriff's Office

Merced, CA - Jury Convicts Two On Murder Charges

The People of the State of California charged William White, age 38, and Victor Hernandez, age 27, with first-degree murder and two counts of home invasion robbery with gun for robbing and killing Juan Carlos Alvarez, in 2014.

The State charged that White, Hernandez, Yepez and two other Hernandez brother went to the home of Juan Ca

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PGA West Residential Association, Inc. v. Hulven International, Inc.

In its lawsuit against Hulven International, Inc. (Hulven) and various other
defendants, PGA West Residential Association, Inc. (PGA West) alleged defendant
Dempsey Mork1 tried to fraudulently insulate the equity in his condominium from
creditors by naming Hulven, a sham corporation entirely owned and controlled by Mork,
as the beneficiary of a deed of trust and note, and by later

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Melony Light v. California Department of Parks and Recreation

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of parts III and V.

Kamala D. Harris, Attorney General, Chris A. Knudsen, Assistant Attorney
General, Christine Mersten and Jodi L. Cleesattle, Deputy Attorneys General, for
Defendant and Respondent California Department of Parks and Recreation.
Plaintiff Melo

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United States of America v. Firtz Blanchard

Following a jury trial in the United States District Court for the District of Maine, Fritz
Blanchard was convicted of one count of aiding and abetting the
interstate transportation of three victims for purposes of
prostitution, in violation of 18 U.S.C. §§ 2421 and 2422. On
appeal, Blanchard argues that the court erred by allowing
unauthenticated exhibits into evidence and tha

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Andrew March v. Janet T. Mills


This appeal concerns a
constitutional challenge brought by a protester who opposes
abortion. He seeks to enjoin the enforcement of a provision of
the Maine Civil Rights Act ("MCRA"), Me. Rev. Stat. Ann. tit. 5,
§ 4684-B(2), that, he contends, facially violates the First
Amendment's guarantee of the freedom of speech.1 The challenged
provision bars a person from making

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United States of America v. D. Anda Norbergs Federal Courthouse - Tampa, Florida

Tampa, FL - Palm Harbor Oncologist Sentenced To Nearly Six Years For Treating Patients With Unapproved Cancer Drugs

D. Anda Norbergs was sentenced to 5 years and 10 months in federal prison on August 7, 2017 for receipt and delivery of misbranded drugs, smuggling goods into the United States, health care fraud, and mail fraud. As part of her sentence, the Court also entered a money judgme

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Russell City Energy Company, LLC v. City of Hayward

The “Payments Clause” of an agreement between Russell City Energy Company,
LLC (Russell) and the City of Hayward (City) prohibited the City from imposing any
taxes on the “development, construction, ownership and operation” of Russell‟s power
plant except taxes tethered to ownership of real property. The question in this case is
whether Russell‟s interpretation of the P

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Christopher Ryan Peek v. The State of Texas

In November 2013, Appellant, Christopher Ryan Peek, was granted deferred adjudication community supervision for three years and assessed a $500 fine for the offense of possession of cocaine in an amount of one gram or more but less than four grams.1 Eight months later, the State moved to proceed with adjudication for multiple
1 TEX. HEALTH & SAFETY CODE ANN. § 481.115(c) (West 2017). The offen

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