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Malicious Prosecution Law
 
STATE OF IOWA vs. ISAIAH RICHARD SWEET

On May 11, 2012, seventeen-year-old Isaiah Sweet shot and killed Richard and Janet Sweet. Richard and Janet had cared for Sweet since he was four years old, as his biological mother was unable to do so. Richard was Sweet’s biological grandfather. Richard and Janet had been married for thirty years. Sweet was arrested three days after the murder. After being given Miranda warnings, Sweet desc... More...   $0 (05-27-2016 - IA)

STATE OF IOWA vs. JOSE GUERRA-FLORES

Jose Guerra-Flores appeals his conviction for assault with intent to commit
sexual abuse. He argues insufficient evidence supports his conviction and the
district court erred in denying his motion to exclude evidence of the complaining
witness’s prior sexual history. While Guerra-Flores did not preserve error on his
insufficiency-of-the-evidence claim, we choose to address th... More...
   $0 (05-26-2016 - IA)

JUSTIN JENTZ vs. STATE OF IOWA

In February 2011, Justin Jentz was charged with operating while
intoxicated and possession of a controlled substance, the latter of which was
subject to an enhancement based on previous drug convictions. Jentz was
found guilty of both charges in June 2012. The district court sentenced Jentz to
180 days for the operating-while-intoxicated charge and up to five years
impri... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. EARL ANTONIO DUNN

At trial, the jury could have found the following facts. Dunn and the victim,
Kelon Tucker, had known each other since 2008, and they remained on good
terms until approximately June 2014, when Dunn began dating Tucker’s ex
girlfriend, Qiana Saunders.
On the evening of July 28, 2014, after drinking, Tucker, his new girlfriend,
and another female friend went to a gas stat... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. JERRY RAY MATTHEWS

In 2008, Matthews and Natalie Baylark met and became romantically
involved. Over the next few years, Matthews and Baylark had two children
together and continued an on-again-off-again relationship. In the summer of
2013, Matthew and Baylark ended their relationship. In late December 2013,
Baylark allowed Matthews to stay in her apartment with the children for a week.
Ar... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. BENNIE JAMES LENOIR

In the summer of 2013, White was approached by officers from the
Burlington Police Department who were investigating a homicide. Although
White was not a suspect, the officers believed he might have some knowledge
useful to their investigation. During their meeting with White, the officers
discovered he was in possession of crack cocaine. Subsequently, they recruited
Wh... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. BRENNA LYN BETTS

On December 12, 2012, Betts was observed speeding by Officer Rafe
Albers. By the time Officer Albers was able to catch up to her vehicle, Betts had
parked her car in the parking lot of her apartment complex and exited her vehicle.
When the officer told her that she had been speeding and he needed her
identification, Betts argued that he could not cite her for speeding because... More...
   $0 (05-26-2016 - IA)

STATE OF LOUISIANA Vs. JEFFERY WASHINGTON & MYRON JACKSON

On January 17, 2013, Mr. Washington and Mr. Jackson were jointly charged
by a grand jury indictment with second degree murder, a violation of La. R.S.
14:30.1, and attempted second degree murder, a violation of La. R.S. 14:27,
14:30.1. On January 24, 2013, Mr. Washington and Mr. Jackson were arraigned
and both pleaded not guilty.
In January 2015, a five-day jury trial was... More...
   $0 (05-25-2016 - LA)

STATE OF LOUISIANA Vs. DARON LUNDY

The defendant, Daron Lundy (“Defendant”), timely appeals his conviction of
one count of armed robbery with a firearm, in violation of La. R.S. 14:64.3. In his
sole assignment of error, Defendant asserts that the district court erred in denying
his motion to suppress statement. After a thorough review of the record and the
relevant jurisprudence, we find that the district court ... More...
   $0 (05-25-2016 - LA)

STATE OF LOUISIANA Vs. SHERMAN SINGLETON

The district judge appointed the Orleans Public Defenders Office and
Derwyn Bunton, who is the District Defender, to act as counsel to Sherman
Singleton, a prisoner, in his pending post-conviction proceedings. Mr. Bunton
objected to the appointments on numerous grounds, filed a motion to withdraw,
and ultimately applied to us to exercise our supervisory jurisdiction to review ... More...
   $0 (05-25-2016 - LA)

STATE OF LOUISIANA Vs. LEROY A. LODGE

Leroy A. Lodge has three prior appeals with this court stemming from his
original conviction in 1983 for forcible rape, a violation of La. R.S. 14:42.1, which
was affirmed in State v. Lodge, 447 So.2d 88 (La. App. 4th Cir. 1984). The most
recent opinion, State v. Lodge, 15-0539 (La. App. 4 Cir. 9/23/15), 176 So.3d 612,
was rendered while this appeal was pending.1 This opinion... More...
   $0 (05-25-2016 - LA)

STATE OF LOUISIANA V. SKYLAR FRANK

Thomas Buxton discovered Defendant, then an Oakdale police officer, in his fifteen-year-old niece’s bedroom with his shirttail out and his pants-belt undone, hiding behind a door. Frank’s gun-belt was on the floor in the living room. The victim testified that Defendant asked her to lie about why he was on the premises. Specifically, she was to state that he was there to make his cousin Hesikiah Ha... More...   $0 (05-25-2016 - LA)

State of Louisiana v. Joseph Butler

In the late afternoon hours of December 21, 2012, Shreveport police
were dispatched to the Shreveport home of Carolyn Butler. When police
entered the home, they found the lifeless body of Butler’s boyfriend, Larry
Patterson, in the bedroom of Butler’s 36-year-old son, Joseph. Patterson
had been shot twice, including a fatal shot to the head. Carolyn Butler had
witnessed Patt... More...
   $0 (05-25-2016 - LA)

Leiroi Mickele Daniels v. The State of Texas

Appellant was indicted for the offense of misapplication of fiduciary property with a value over twenty thousand dollars and under one hundred thousand dollars. Tex. Penal Code Ann. § 32.45(b), (c)(5) (West 2010). The property at issue was a Mercedes-Benz automobile that was the subject of an asset forfeiture lawsuit in Harris County. The first paragraph of the indictment alleged that appellant... More...   $0 (05-25-2016 - TX)

Antonio Herrera v. The State of Texas

This aggravated child sexual abuse case involves two issues: (1) Did the trial court
erroneously deny appellant’s motion to dismiss for violating his right to a speedy trial because
the delay in arresting and prosecuting him caused an inability to obtain and present exculpatory
evidence, and (2) did the trial court erroneously quash appellant’s subpoena duces tecum served
on n... More...
   $0 (05-25-2016 - TX)

The State of Texas v. Michael A. Galofaro

The State of Texas appeals the trial court’s order granting Michael A. Galofaro’s double
jeopardy motion and barring the State from prosecuting him. In a single issue, the State argues
the trial court erred in ruling that Galofaro’s prior acquittal on one charge of indecency with a
child barred prosecution for two other acts of alleged indecency. We reverse the trial court’s
... More...
   $0 (05-25-2016 - TX)

Rafael Tellez Mendez v. The State of Texas

When D.R. was approximately five-years-old, her mother hired Mendez’s wife, Margarita
Mendez, to babysit D.R. while she worked in the evenings and early morning hours. One evening
D.R. told her mother that Mendez had “given her a massage” earlier that day, which she
demonstrated by rubbing her own genitals. After questioning D.R., D.R.’s mother believed
Mendez was sexually ab... More...
   $0 (05-25-2016 - TX)

UNITED STATES OF AMERICA v. FOKKER SERVICES B.V.

The Constitution allocates primacy in criminal charging decisions to the Executive Branch. The Executive’s charging authority embraces decisions about whether to initiate charges, whom to prosecute, which charges to bring, and whether to dismiss charges once brought. It has long been settled that the Judiciary generally lacks authority to second-guess those Executive determinations, much less to... More...   $0 (05-24-2016 - DC)

STATE OF NEW JERSEY VS. PETER RALLIS

The warrant was issued on April 30, 2012, based upon an
affidavit presented by Detective James Powers of the Monmouth
County Prosecutor's Office's Narcotics Strike Force. Powers
described a four-month narcotics investigation of a target known
as "Pete," and later identified as defendant. With the
assistance of a confidential informant and an undercover
officer, Powe... More...
   $0 (05-24-2016 - NJ)

STATE OF NEW JERSEY VS. ODELL M. ROY

In the early morning hours of March 14, 2012, two officers
from the Winslow Township Police Department responded to a
report of domestic violence at a residence in Sicklerville. The
victim advised she and her husband had argued, that he put his
hands around her neck and pushed her on the bed. The police
found defendant in the second-floor bedroom. He was on the
pho... More...
   $0 (05-24-2016 - NJ)

United States of America v. Javier Morales-Bautista

Pittsburgh, PA - Removed Alien Sentenced to 5 Months in Prison for Illegally Re-entering United States

A resident of Mexico was sentenced in federal court on his conviction of Illegal Reentry after Deportation.

Chief United States District Judge Joy Flowers Conti imposed the sentence on Javier Morales-Bautista, 35, of Mexico.

According to information presented to the cou... More...
   $0 (05-24-2016 - PA)

State of Oklahoma v. Candace Marie Stanley a/k/a Candace McGillivray

Tulsa, OK - Mother of Newborn Sentenced to 15-Years for Child Neglect

The State of Oklahoma charged Candace Marie Stanley a/k/a Candace McGillivray, age 23, with one count of child neglect in violation of 21 O.S. 843.5(C) for abusing several drugs before giving birth by exposing her unborn child to Xanaz, marijuana, methamphetamines and/or heroin. The State also alleged that Stanley fail... More...
   $0 (05-24-2016 - OK)

STATE OF NEW JERSEY VS. ANTHONY M. FERNANDEZ

A jury convicted defendant Anthony M. Fernandez of second
degree conspiracy to distribute cocaine, N.J.S.A. 2C:5-2,
2C:35-5(a)(1), and 2C:35-5(b)(1) (count one); first-degree
possession with intent to distribute cocaine, N.J.S.A. 2C:35
5(a)(1) and 2C:35-5(b)(1) (count three); third-degree possession
with intent to distribute marijuana, N.J.S.A. 2C:35-5(a)(1) and
2C:35-5... More...
   $0 (05-23-2016 - NJ)

STATE OF CONNECTICUT v. KEITH CHEMLEN

The defendant, Keith Chemlen, appeals from the judgment of conviction, rendered after a jury trial, of forgery in the second degree in violation of General Statutes § 53a-139 (a) (3), and larceny in the third degree in violation of General Statutes § 53a-124 (a) (2). The defendant subsequently pleaded guilty to being a persistent serious felony offender in violation of General Statutes § 53a-40 (c... More...   $0 (05-23-2016 - CT)

Douglas G. Deines v. Essex Corporation

In May 2013, Deines filed a complaint seeking to recover earned commissions from his former employer under the Nebraska Wage Payment and Collection Act.1 Essex filed an answer which, among other things, alleged Deines had been paid all commissions he was owed. After the case had been pending for approximately 15 months, the trial court issued a notice of intent to dismiss. The notice required the ... More...   $0 (05-23-2016 - NE)

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