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Malicious Prosecution Law
 
The State of Texas v. Nathaniel Jay Kaplan

Testimony at the hearing on Kaplan’s motion to suppress showed that, on an
evening in January 2015, officers Coborn and McHugh of the Stratford, Texas police
department initiated a traffic stop of Kaplan’s vehicle. Coborn was the only witness to
testify at the suppression hearing. He told the court the officers were northbound on
U.S. Highway 287 in Stratford, met appellant’s... More...
   $0 (01-24-2017 - TX)

Raymond Bernard Mondy v. The State of Texas

During the course of a traffic stop on August 10, 2015 for a defective brake light on the car
driven by Mondy, Officer Larry Henderson of the Greenville Police Department discovered that
Mondy’s driver’s license had been suspended. Because Henderson determined that Mondy had a
prior conviction for driving with a suspended license, Mondy was arrested. At his trial for driving
... More...
   $0 (01-24-2017 - TX)

Reginald Donell Rice v. The State of Texas

On December 9, 2014, Rice knocked on the door to Room 332 at the Orange Extended
Stay Hotel. When McCoy, also known as Dee or Dee-Skeet, answered the door, Rice pulled out
a handgun. McCoy tried to shut the door and then turned to run toward the window. Because he
was in fear for his life, McCoy jumped from the third-story window. He suffered cuts from the
broken glass, bro... More...
   $0 (01-23-2017 - TX)

In The Court of Appeals Fifth District of Texas at Dallas

The information in this case alleged, in pertinent part, that on or about April 9, 2013,
appellant intentionally and knowingly damaged and destroyed his neighbor’s window by striking
it with a rock. As stated in his appellant’s brief, appellant’s defense theory at trial was that the
allegations against him were fabricated.
The complainant lived on the fourteenth floor of a dow... More...
   $0 (01-23-2017 - TX)

John Joseph Foster v. The State of Texas

The jury heard evidence that on the night of June 29, 2013, following a traffic stop,
Foster was arrested for driving while intoxicated. Evidence considered by the jury during trial
included the testimony of Deputy Grayson Kennedy of the Williamson County Sheriff’s Office,
who, while off-duty, claimed to have observed Foster’s vehicle commit multiple traffic violations;
Trooper Jo... More...
   $0 (01-23-2017 - TX)

Juan Francisco Herrera-Alfaro v. The State of Texas

Appellant Juan Francisco Herrera-Alfaro seeks to appeal his second
conviction for driving while intoxicated. See Tex. Penal Code Ann. §§ 49.04(a),
49.09(a) (West Supp. 2016). On December 8, 2016, we notified Appellant
through his retained counsel that the trial court clerk responsible for preparing the
clerk’s record had informed this court that payment arrangements had not b... More...
   $0 (01-23-2017 - TX)

Justin Daren Buxton v. The State of Texas

K.T. dated appellant for several years. She has four children: R.T., C.T., who
is the complainant in this case, J.T., and D.B. Her daughters, R.T., C.T., and J.T.,
all have different fathers, and appellant is the father of D.B. K.T. lived with her own
father during the time that she was dating appellant, and her daughters would spend
the night with her or with appellant, who... More...
   $0 (01-22-2017 - TX)

Timothy Dynell George v. The State of Texas

A grand jury indicted Appellant for the third-degree felony offense of
unlawful possession of a firearm by a felon. The indictment alleged,
TIMOTHY DYNELL GEORGE, hereafter styled the Defendant, . . . on or about June 6, 2014, did then and there unlawfully[,] intentionally and knowingly possess a firearm at a location other than the premises at which the Defendant lived, after being con... More...
   $0 (01-22-2017 - TX)

STATE OF KANSAS v. GIOSBEL PEREZ-MEDINA

On September 21, 2014, Perez-Medina and his wife, Yusimi, were having a party at their home in Dodge City. Ivan Valcarcel arrived during the party to talk with PerezMedina about a furniture rental application where Perez-Medina had used Valcarcel as a reference. Valcarcel, Perez-Medina, and two other friends left the party to get more beer and ice. After returning to the party, Perez-Medina, Va... More...   $0 (01-22-2017 - KS)

STATE OF KANSAS v. TROY LAMONT LOVE, II

The facts are tragic and disturbing. Love frequently cared for Robin Harrington's three children, including 18-month-old Bre'Elle. On April 1, 2012, Harrington noticed Bre'Elle's bloodshot eyes and bruising inside the left ear. Later that week, Bre'Elle could not turn her neck and had begun losing hair. On April 7, Harrington took the child to the emergency room where a physician, Venkata Katasani... More...   $0 (01-22-2017 - KS)

STATE OF KANSAS v. DANE C. DEWEESE

The State prosecuted DeWeese under the theory he and Joel Heil caused Kristen Tyler's death. The State essentially contended DeWeese initiated the events because he believed Tyler stole his money and drugs whereas Heil physically performed the lethal acts in DeWeese's presence. Heil extensively testified against DeWeese as part of a plea bargain with the State.

Tyler's murder

... More...
   $0 (01-22-2017 - KS)

STATE OF KANSAS v. ANTONIO M. BROWN, SR.,

We hold Brown reinitiated his interview with police after his unsuccessful attempt to contact a lawyer and in doing so knowingly and intelligently waived his previouslyinvoked right to counsel. Brown's subsequent inculpatory statements were freely and voluntarily given.

We hold further that the district court properly refused to give lesser included offense instructions for the felony-m... More...
   $0 (01-22-2017 - KS)

United States of America v. Melvin Ray Layman

Plano, TX - Dallas County Man Sentenced in Bank Fraud Conspiracy

A 64-year-old Grand Prairie, Texas man has been sentenced to federal prison for his role in a conspiracy to commit bank fraud and perjury.

Melvin Ray Layman pleaded guilty on July 20, 2016, to conspiracy to commit bank fraud and conspiracy t commit perjury and was sentenced to 51 months in federal prison on Jan. 11,... More...
   $0 (01-22-2017 - TX)

STATE OF MONTANA v. WILLIAM JAMES LAWRENCE

On April 8, 2014, Lawrence and his brother, Steven Dubois, arrived at Wayne
Miller Coins on Last Chance Gulch in Helena, Montana. Lawrence and Dubois entered
the shop after being buzzed in through the back door. Lawrence was in possession of
coins he wished to have appraised, something he had done previously at Miller Coins.
After Wayne Miller, the owner of the shop, informe... More...
   $0 (01-22-2017 - MT)

BRANDON JOE OVERSON v. THE STATE OF WYOMING

Mr. Overson’s challenge to the relevance of the evidence in question requires us to examine in detail the evidence admitted at trial. To understand the course of his trial, however, it is useful to take a step back and review the evidence submitted in the earlier hearing on Mr. Overson’s motion to suppress evidence. In his motion, Mr. Overson sought to suppress evidence resulting from a search ... More...   $0 (01-21-2017 - WY)

Jason W. Wagner vs. The State of Florida

The State filed a three-count information charging Reed with 1) attempted
second-degree murder of Dwight Lamar Murphy; 2) attempted second-degree
murder of Stephanie L. Jackson (“Jackson”); and 3) burglary of an occupied
dwelling accompanied by an assault or battery. Following trial, the jury found
Reed guilty of the lesser-included offense of aggravated battery as to Count 1 a... More...
   $0 (01-21-2017 - FL)

TODD WATSON v. STATE OF FLORIDA

At issue in this case is whether the trial court had jurisdiction when it resentenced appellant after he knowingly violated a sentencing agreement with the state. Because the court did not have jurisdiction to resentence appellant over 3 years after he was originally sentenced, we reverse.

Appellant Todd Watson faced charges of possession of oxycodone and driving under the influence in... More...
   $0 (01-21-2017 - FL)

State of Tennessee v. Anthony Miller

On November 22, 2014, Memphis Police Department officers executed a search warrant for a residence on Haywood Avenue. Shortly before the search, one of the officers witnessed the Defendant enter his car, which was parked in the home‟s driveway, and drive away. The Defendant was quickly pulled over for running a stop sign. The officer who stopped the Defendant smelled a strong odor of mari... More...   $0 (01-20-2017 - TN)

State of Tennessee v. Brandon Taliaferro

This case arose following the August 7, 2012 shooting death of the victim, Jernario Taylor. Thereafter, the Shelby County Grand Jury charged the Defendant with one count of first degree murder in the attempt to perpetrate a robbery and one count of attempted especially aggravated robbery. A trial was held in the Criminal Court for Shelby County in July 2015.
Mallorie Brown testified that o... More...
   $0 (01-20-2017 - TN)

United States of America v. Jason Galanis

New York, NY - California Man Pleads Guilty In Manhattan Federal Court To Defrauding A Native American Tribe And Investors Of Over $60 Million

Jason Galanis led guilty to defrauding a Native American tribal entity and the investing public of tens of millions of dollars in connection with the issuance of bonds by the tribal entity. GALANIS pled guilty to conspiracy to commit securities fra... More...
   $0 (01-20-2017 - NY)

SAMUEL HARTMAN v. STATE OF ARKANSAS

Samuel Hartman appeals from an order of the Franklin County Circuit Court
denying his petition for postconviction relief pursuant to Arkansas Rule of Criminal
Procedure 37.1 (2015) filed following his conviction for rape. Appellant argues on appeal
that the circuit court erred in denying his petition because (1) his trial counsel made
disparaging remarks about him during closi... More...
   $0 (01-19-2017 - AR)

STATE OF LOUISIANA Vs. KERMITT BERNHART

On February 21, 2013, the State indicted the defendant, Kermitt Bernhart,
for the second-degree murder of Christopher Lambert.1 The defendant entered a
plea of not guilty. The trial court denied defendant‟s motions to suppress the
evidence, identification, and statement. On August 20, 2015, at the end of a three
day jury trial, the defendant was convicted of manslaught... More...
   $0 (01-19-2017 - LA)

STATE OF LOUISIANA v. JAKEITH L. FRANCIS

On February 12, 2015, Francis was stopped for speeding by Officers
Joseph Bassett and Josh Owen of the Shreveport Police Department.
Francis’s girlfriend, Euradell Lewis, was a passenger in the car. Officer
Bassett smelled a strong odor of marijuana and removed Francis and Lewis
from the vehicle. One of the officers noticed a bulge in Lewis’s clothing.
She gave the off... More...
   $0 (01-19-2017 - LA)

Jerry Hartfield v. The State of Texas

Nearly four decades ago, a Wharton County jury convicted appellant Jerry Hartfield
of the capital murder of Eunice Lowe and assessed his punishment at death. On
automatic review, the Texas Court of Criminal Appeals found error related to the exclusion
of a potential juror, vacated Hartfield’s conviction, and ordered a new trial in its entirety.
In its motion for rehearing to ... More...
   $0 (01-19-2017 - TX)

United States of America v. Jamerio Clark a/k/a Merio

Detroit, MI - Brother of Vice Lord Member Sentenced to 48 Months in Prison for Obtaining and Disclosing Private Hospital Information of Victims and Their Families

An associate of the Vice Lords street gang was sentenced to 48 months in prison for witness tampering by obtaining and disclosing the private health information of Vice Lords shooting victims and victims’ family members to a m... More...
   $0 (01-19-2017 - MI)

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