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Malicious Prosecution Law
 
STATE OF NEW JERSEY VS. GARRY S. ZIGICH

Defendant Garry Zigich appeals from the denial of his petition
for post-conviction relief (PCR) following an evidentiary hearing.
For the reasons that follow, we affirm.
Defendant pled guilty to first-degree murder, N.J.S.A. 2C:11
3(a)(1), arising out of the strangulation death of his fifteen
year-old cousin. He was sentenced to a fifty-year custodial term
subject to ... More...
   $0 (08-23-2016 - NJ)

United States of America v. Sean Stewart

New York, NY - Managing Director Of Investment Bank Found Guilty Of Insider Trading Charges

Sean Stewart, a former Managing Director at an investment advisory firm headquartered in Manhattan, was found guilty of providing inside information to trade and cause another to trade in the securities of five different health care companies, the acquisitions of which were announced between 2011... More...
   $0 (08-23-2016 - NY)

United States of America v. Jared Galanis

New York, NY - Jared Galanis Pleads Guilty In Manhattan Federal Court To Misprision Of A Felony

Jared Galanis pled guilty to concealing a conspiracy to manipulate the market for Gerova Financial Group, Ltd. (“Gerova”), a publicly traded company listed on the New York Stock Exchange, and to defraud the shareholders of that company. GALANIS pled guilty to misprision of a felony before U.S.... More...
   $0 (08-23-2016 - NY)

Rolando Granados v. State of Florida

Convicted of multiple counts of sexual battery by a person eighteen years of age upon a person less than twelve years of age, namely his daughter, appellant appeals, raising three issues. First, he contends that the court erred in considering corroborating evidence in determining whether to admit the child’s out-of-court statement. The child also testified at trial. We find that the court did n... More...   $0 (08-22-2016 - FL)

State of Tennessee v. Charles Beaty

On February 12, 2013, the defendant was indicted for one count of rape of a child occurring between May 1, 2006, and September 1, 2006 in case number 13-00596. The defendant apparently filed a motion to dismiss some months after he was indicted, and the trial court held two hearings on the motion in November 2013, close to the time the case was set for trial.
During the hearings, the def... More...
   $0 (08-22-2016 - TN)

State of Tennessee v. Javonte Thomas

This case arises out of the February 8, 2014 shooting death of Quintin Fifer, which occurred in the parking lot of a Memphis hotel as the victim was sitting in the driver‟s seat of his vehicle with his girlfriend, their two-year-old son, and his brother as passengers. A tip led the police to the defendant, whose brother, Jeremy Thomas, had been involved in an earlier dispute with the victim.... More...   $0 (08-22-2016 - TN)

State of Tennessee v. Lance Elliott Falcon

In early 2010, the victim moved in with her mother and the defendant, who had been married for some three years, after having lived with her father since her parents‟ divorce. The three lived in a mobile home in Knox County. On July 4, 2010, the victim‟s mother went to work while the victim remained home with the defendant. At some point that evening, the victim fell asleep on the c... More...   $0 (08-22-2016 - TN)

State of Tennessee v. James K. Hudgins

This case arose after the defendant shot the unarmed victim five times at the victim‟s home. Sixteen years prior to the shooting, the defendant was in a romantic relationship with Laura Swaggerty. They had a daughter (“the daughter”), and Ms. Swaggerty ended the relationship with the defendant three months after giving birth. In December 2011, Ms. Swaggerty began dating the victim. At th... More...   $0 (08-22-2016 - TN)

State of Tennessee v. Sedrick Clayton

The evidence presented at trial established that on January 19, 2012, the Defendant shot and killed his girlfriend, Pashea Fisher, and Pashea‟s1 parents, Arithio and Patricia Fisher, at the victims‟ home. The Defendant also attempted to kill Pashea‟s brother, A‟Reco Fisher. The Defendant then fled the scene in Pashea‟s vehicle with his and Pashea‟s four-year-ol... More...   $0 (08-22-2016 - TN)

State of Tennessee v. Travis Dewayne Gipson

On June 2, 2014, the defendant entered pleas of guilty to two counts of the delivery of more than .5 grams of cocaine in a drug-free zone in exchange for concurrent sentences of 20 years, with 12 years to be served at 100 percent. As part of the plea agreement, the State agreed to dismiss a third charge of the delivery of more than .5 grams of cocaine in a drug-free zone, the sentence for which w... More...   $0 (08-21-2016 - TN)

COMMONWEALTH vs. LINDA MAYOTTE

A jury convicted the defendant, Linda Mayotte,
of rape of a child, G. L. c. 265, § 23 (three indictments);
indecent assault and battery on a child under the age of
fourteen, G. L. c. 265, § 13B (five indictments); indecent
assault and battery on a child over the age of fourteen, G. L.
c. 265, § 13H (five indictments); incest, G. L. c. 272, § 17;
reckless endangerment ... More...
   $0 (08-21-2016 - MA)

State of Minnesota vs. Latimothy Fleming

Appellant August Latimothy Fleming pleaded guilty to possession of a firearm by
an ineligible person and second-degree assault. The district court imposed an upward
durational sentencing departure for the possession conviction because Fleming fired the
gun six times in a park filled with children, thereby creating a greater-than-normal danger
to the safety of other people. Fl... More...
   $0 (08-21-2016 - MN)

United States of America v. Brent Justice

Houston, TX - Houston Man Sent to Federal Prison for Producing and Distributing Animal Crush Videos

The Houston man convicted of creating and distributing videos depicting the torture and killing of puppies, chickens and kittens has been ordered to federal prison. Brent Justice, 55, was found guilty on three counts of producing and one count of distributing what is referred to as “animal ... More...
   $0 (08-21-2016 - TX)

State of Wisconsin v. Rose M. Kuehni

Ellsworth, WI - Defendant Found Guilty of Hiding Boyfriend's Corpse

The State of Wisconsin charged Rose M. Kuehni, age 45, with first-degree intentional homicide in violation of 940.01(1)(a) and hiding a corpse in violation of 940.11(2) for shooting and killing her boyfriend, Douglas Bailey, age 51, on November 22, 2015.

Defendant claimed self-defense as justified for shooting a... More...
   $0 (08-21-2016 - WI)

Dan and Diane Volentine v. Raeford Farms of Louisiana, LLC, et al

Facts of this case can be found in our previous consideration of the
parties’ contract in Volentine I, supra. After remand, the case proceeded to a
bench trial. The following chronology and overview of facts are set forth
for purposes of the issues raised on appeal.
The Parties’ Entry into the Contract – 2004
In 1992, Dan Volentine (“Volentine”) gave his two children pro... More...
   $0 (08-20-2016 - LA)

Joshua Jacob Patterson v. The State of Texas

A grand jury indicted Patterson for the murder of Kristian Sullivan, who died
of multiple gunshot wounds in the front yard of his grandmother’s house. Patterson
filed a pre-trial motion to suppress any statement he had made to law enforcement
officers. In this motion, he asserted several bases for suppression, including that his
statements “were taken without the safeguards r... More...
   $0 (08-20-2016 - TX)

United States of America v. Juan Carlos Medina Cardenas

Miami, FL - Colombian Citizen Sentenced for his Participation in an International Money Laundering Conspiracy

A Colombian citizen was sentenced to 30 months in prison, to be followed by two years of supervised release for his participation in an international money laundering conspiracy.

Juan Carlos Medina Cardenas, 46, previously pled guilty to one count of conspiracy to commit ... More...
   $0 (08-19-2016 - FL)

Gary James Cox v. The State of Texas

Tom and Debbie B. were friends with Appellant when he became homeless.
Taking pity on him, they would occasionally pick him up and feed him or put him
in a hotel. During a family vacation in the summer of 2013, Tom and Debbie invited
Appellant to housesit for them in League City, Texas. By that August, their son had
reached the age of majority and moved out of their house. ... More...
   $0 (08-19-2016 - TX)

United States of America v. Vicky Egalite Pierre

Miami, FL - North Miami Beach Resident Pleads Guilty to Possessing 225 Stolen Identities

A North Miami Beach resident pled guilty to possessing 225 stolen identities.

Vicky Egalite Pierre, pled guilty to one count of possession of fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(3), and one count of aggravated identity the... More...
   $0 (08-18-2016 - FL)

Enrique Chavez Aguirre v. The State of Texas

Appellant Enrique Chavez Aguirre is a Mexican citizen. In 2003, he lived in
Houston with his girlfriend. Four children lived in the house with them: Aguirre’s
son, Enrique Jr., and his girlfriend’s three children, one of whom is the
complainant in this case. One day the complainant, who was 11 years old at the
time, reported to a friend and to a teacher that Aguirre had touched... More...
   $0 (08-18-2016 - TX)

STATE OF KANSAS v. TIMOTHY WEBB

In May 2012, the State charged Webb with first-degree murder and criminal possession of a firearm by a convicted felon. The case proceeded to jury trial, where the district court instructed the jury on first-degree murder and several lesser-included offenses, namely: two alternatives of second-degree murder, two alternatives of voluntary manslaughter, and involuntary manslaughter.
The jury... More...
   $0 (08-18-2016 - KS)

STATE OF KANSAS v. MICHAEL STATEN

Staten and Yvonne Williamson shared an apartment in Wyandotte County. In the early morning of July 22, 2011, the two engaged in an altercation that left Williamson severely injured. Witnesses disagreed on the circumstances leading up to the altercation, resulting in two distinct narratives, which we set out below.
Williamson and other witnesses recalled the following sequence of the events. ... More...
   $0 (08-18-2016 - KS)

STATE OF SOUTH DAKOTA v. TIMOTHY J. BARITEAU

In sixth grade, H.S. started attending youth group at Morningside
Abundant Life Church in Brookings, South Dakota. She met Bariteau, the Church’s
worship pastor. As part of his duties, Bariteau assisted with youth group and led
music at the Church. Bariteau and H.S. started communicating through Facebook
when H.S. was in seventh grade. H.S. was 14 years old during the relev... More...
   $0 (08-18-2016 - SD)

STATE OF MONTANA v. RODERICK LEE BUTTERFLY

On October 10, 2013, Butterfly failed to return to the Billings Pre-Release Center
as scheduled. He was charged with escape in violation of § 45-7-306, MCA, the
following day in Powell County. Butterfly was arrested in Glacier County and was
transferred to Montana State Prison (MSP). Butterfly objected to the Powell County
venue, asserting that he should have been charged in... More...
   $0 (08-17-2016 - MT)

United States of America v. Marlon Boyd

Memphis, TN - Memphis Man Who Murdered Associate Sentenced Federally for Felony Firearm Possession

A Memphis man who murdered a ntorney for the Western District of Tennessee, announced the sentence today.
neighborhood associate was sentenced to federal prison for felony firearm possession.

According to information presented in court, on May 23, 2014, Marlon Boyd, 46, of Memp... More...
   $0 (08-17-2016 - TN)

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