This case arises out of a denial of a motion for an award of attorney fees under the Lanham Act, 15 U.S.C. § 1117(a), which allows a court to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” For the reasons that follow, we hold that a prevailing party need only prove an exceptional case by a preponderance of the evidence, rather than by clear and convincing evidence... More...   $0 (05-29-2018 - VA)

Timothy J. Hill, a prisoner in the Oklahoma Department of Corrections,
petitions for a Certificate of Appealability (COA), seeking to challenge the district
court’s denial of his 28 U.S.C. § 2254 petition. We deny the COA.
I
Around March 2012, Hill’s then-girlfriend, Stacie Lewis, gave birth to a girl,
T.H. On June 5, 2012, when T.H. was three months old, Lewis walked into the<... More...   $0 (05-29-2018 - OK)

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. Plaintiffs Damian Stinnie, Demetrice Moore, Robert Taylor, and Neil Russo owe court debts and, because of their inability to pay, have had their licenses suspended. They all... More...   $0 (05-24-2018 - VA)

Tulsa, OK - Judge Sentenced To 34-Years For Domestic Abuse

The State of Oklahoma charged Brent Allen Morris, age 34, with:

Count # 1. Count as Filed: ABDOM, DOMESTIC ASSAULT AND BATTERY - 2ND OFFENSE, in violation of 21 O.S. 644
Date of Offense: 07/17/2016
Party Name Disposition Information
MORRIS, BRENT ALLEN Disposed: DISMISSED, 05/14/2018. Dismissed- Request o... More...   $0 (05-24-2018 - OK)

Minneapolis, MN - New Mexico Man Sentenced to 15 Years in Prison for Directing Computer Attacks Against Websites of Dozens of Victims and Felon-In-Possession Charges

A New Mexico man was sentenced today in St. Paul, Minnesota, for directing computer attacks against the websites of his prior employers, business competitors and public services, and felon-in-possession of a firearm charges. ... More...   $0 (05-18-2018 - MN)

One man’s extradition is another
man’s “kidnapping.” Edward Tobey, the plaintiff here, has
three state-court convictions (one in Illinois and two in Florida)
for possession of child pornography. Tobey also has a penchant
for resisting the conditions of probation placed upon him
2 Nos. 16-3927 & 16-4037
by courts and by his probation officer. In 2013, his tussles with
th... More...   $0 (05-17-2018 - IL)

Richmond, VA - Cyber-Criminal Residing in Latvia Convicted for Role in Operation of Counter Antivirus Service “Scan4you”
Criminal Service Helped Hackers Evade Defenses of U.S. Businesses

A federal jury on May 16, 2018 convicted a Latvian “non-citizen,” meaning a citizen of the former USSR who had been residing in Riga, Latvia, of three counts related to his operation of “Scan4you,” a... More...   $0 (05-17-2018 - VA)

Defendants Peter Holt, Holt Law Firm, and Bethany Holt (collectively Holt,
except as noted) appeal from an order denying their special motion to strike (also known
as an anti-SLAPP--Strategic Lawsuit Against Public Participation--motion).1
Peter Holt
and his law firm briefly represented Charles E. and Victoria Yeager (collectively Yeager,
except as noted) and successfully sued... More...   $0 (05-17-2018 - CA)

Snapp worked for BNSF from 1971 through 1999. He rose through the ranks, becoming a Division Trainmaster in 1986. Due to tiredness and low energy, he went to a doctor in 1994. He was diagnosed with sleep apnea and had surgeries in 1996 and 1998 in unsuccessful attempts to correct his condition. In 1999, BNSF received a report from Snapp’s physician. Snapp’s supervisor told Snapp he did not bel... More...   $0 (05-12-2018 - WA)

On January 20, 2017, Prenderville and his ex-wife, Mary Pimental (Pimental),
were celebrating Prenderville’s birthday at a bar in Lake County, Indiana.
Prenderville became intoxicated and “obnoxious and began harassing
[Pimental] and belittling her” by “calling her stupid and a dumb bitch, and
using other profanities.” (Appellant’s App. Vol. II, p. 7). At around 2:30 a.m., <... More...   $0 (05-09-2018 - IN)

The facts of this tragic case, which arises out of events that transpired more than forty years ago, are set forth in considerable detail in the habeas court’s memorandum of decision and in this court’s decision on the petitioner’s direct appeal.2 See State v. Skakel, supra, 276 Conn. 640–53. For present purposes, we focus our attention on those facts and procedural history that are most relevant ... More...   $0 (05-05-2018 - FL)

Charolottesville, VA - Jury Convicts Defendant of Malicious Wounding

The Commonwealth of Virginia charged Alex Michael Ramos, age 34, of malicious wounding for hitting DeAndre Harris' head during during an altercation inside the Market Street Parking Garage in Charlottesville, Virginia on August 12, 2017. Daniel Patrick Borden and Tyler Watkins Davis and Jacob Scott Goodwin were also char... More...   $0 (05-04-2018 - VA)

Appellant Adrian Clinkscale appeals from the Pulaski County Circuit Court’s
August 1, 2017 order and August 23, 2017 amended order, which denied his motion to
transfer to juvenile court. He argues that the circuit court’s denials of his motion to
transfer the case to juvenile court are clearly erroneous. We affirm.
On February 15, 2017, appellant was charged in the crimina... More...   $0 (05-03-2018 - AR)

Defendant-Appellant GranCare LLC (“GranCare”)
removed a diversity case to federal court, arguing that the
sole non-diverse defendant, nursing home administrator
Remy Rhodes, was fraudulently joined as a defendant in
order to defeat diversity and prevent removal. The district
court remanded the case and awarded costs and attorney’s
fees to Plaintiffs pursuant to 28 U.S.C. § ... More...   $0 (04-30-2018 - ca)

Shortly after 7 p.m. on January 9, 2013, Kevin Smith returned home from work to the apartment he shared with his fiancée, Demetria Hunter, in Wyandotte County. When Smith arrived, he discovered a vehicle parked in his spot. Hunter and Smith's neighbors had a history of parking in their stalls and making loud noises. Smith saw a white male— later identified as Clint Schierbaum—exiting the neighbori... More...   $0 (04-28-2018 - KS)

Over a period of several months,' Turner and Pomeroy had a tumultuous
courtship which ended with Pomeroy's death by stabbing on August 9, 2010.
Initially, Turner and Pomeroy lived in a residence with Pomeroy's parents, but
later the couple moved into an Owen County farmhouse owned by Turner's
family. Due to their turbulent relationship, Turner and Pomeroy briefly
stopped s... More...   $0 (04-26-2018 - KY)

Appellant was charged in the Sebastian County Circuit Court with one count of
murder in the first degree, a Class Y felony; two counts of aggravated robbery, a Class Y
felony; and one count of kidnapping, a Class Y felony. The charges arose from an event
that occurred on January 23, 2016, and the victim was identified as Kaleb Glenn Watson.
Bailey Smith testified that on Janua... More...   $0 (04-22-2018 - AR)

Though Odom's brief provides a limited sketch of the underlying facts, the circumstances prompting the State to charge Odom with four counts of rape and one count of aggravated indecent liberties with a child are immaterial for purposes of resolving Odom's issues on appeal. This court need only to address the procedural history of the case to provide a background for the legal challenges Odom rais... More...   $0 (04-21-2018 - KS)

Cross-defendants Leslie Gould and his wife Susan Gould
contend the trial court erred when it denied in part their antiSLAPP
(strategic lawsuit against public participation) motion.
The motion sought to strike certain allegations in a crosscomplaint
filed by Joel D. Kettler, alleging defamation and other
causes of action. The court denied the motion to the extent crosscomplainan... More...   $0 (04-21-2018 - CA)

Plaintiff and appellant All Green Electric, Inc. (All Green),
appeals from a grant of summary judgment in favor of its insurer,
defendant and respondent Security National Insurance Company
(SNIC). All Green requested that SNIC defend a lawsuit alleging
that All Green negligently installed electrical equipment for a
medical scanner. The trial court concluded that the lawsuit fel... More...   $0 (04-18-2018 - CA)

This appeal involves the distinction between claims of false arrest
and malicious prosecution. When someone is falsely arrested or
maliciously prosecuted, state actors face potential liability under 42 U.S.C.
§ 1983. But the two claims differ: The claim of malicious prosecution is
confined to seizures (for purposes of the Fourth Amendment) based on
“‘legal process’” like a warr... More...   $0 (04-17-2018 - CO)

A jury sitting in Lyon County District Court convicted Defendant Hershel A. Kemp of committing multiple sex crimes, including several off-grid felonies, against K.R., his wife's minor daughter. Kemp has appealed, claiming numerous errors in the eight-day trial. Although Kemp received something short of a perfect trial, we find he received a fair trial, and the law requires no more than that. See... More...   $0 (04-17-2018 - KS)

Todd Jordan (Jordan) appeals from the February 26, 2016 order of the Fourth
Judicial District Court, Missoula County, affirming the Missoula City Court’s Order
following a revocation hearingissued January 13, 2016. We reverse and remand.
¶3 On September 17, 2012, Jordan was charged with two counts of misdemeanor
criminal mischief and one count of misdemeanor conspiracy to commit... More...   $0 (04-17-2018 - MT)

The petitioner, John Michael Howell, appeals the portion of the Circuit Court of Wetzel County’s May 12, 2016, “Amended Entry of a Plea and Sentencing Order Amended” [sic] specifying that he will be eligible for parole consideration after serving a minimum of fifteen years in prison. He argues that pursuant to statute, he should be eligible for parole after ten years of incarceration. The State of... More...   $0 (04-16-2018 - MS)

Robert Richardson suffered a seizure two days after he was booked into the Montgomery
County Jail in Dayton, Ohio. Corrections officers and medical staff responded to the medical
call. Despite both a jail policy that prohibited placing restrained inmates in a prone position and
a medic’s appeal to handcuff Richardson in front, the officers handcuffed him behind his back
and restrai... More...   $0 (04-16-2018 - OH)