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Malicious Prosecution Law
 
State of Tennessee v. Zachary David Strickland

Defendant was indicted in December of 2014 for initiation of a process intended to result in the manufacture of methamphetamine, in violation of Tennessee Code Annotated section 39-17-435. The charges arose after Deputy Garcia Jordan of the Bedford County Sheriff‟s Department went to the home of Teresa Lawson Leverette to
speak with Defendant about an active warrant out of Rutherford C... More...
   $0 (09-28-2016 - TN)

Tina Garrett v. State of Tennessee

This appeal arises from the dismissal of a petition for post-conviction relief, challenging the Petitioner‟s Fentress County conviction for first degree murder in connection with the death of her former husband, Jonathan Garrett (“the victim”). On October 28, 2011, the Petitioner called Fentress County 911 to report that an unknown intruder had entered the victim‟s home and assaulted ... More...   $0 (09-28-2016 - TN)

State of Tennessee v. Timothy Lewayne Morton

The Defendant, Timothy LeWayne Morton, pled guilty on August 13, 2014, to one count of telephone harassment and one count of solicitation to bribe a witness. He received a sentence of eleven months and twenty-nine days for the telephone harassment conviction and a sentence of two years for the solicitation to bribe a witness conviction. The trial court ordered the Defendant to serve both sentenc... More...   $0 (09-28-2016 - TN)

State of Tennessee v. James Shettles

This case relates to a June 6, 2013 incident between the Defendant and Ladeia Boyd. The Defendant believed that Ms. Boyd‟s son had stolen the Defendant‟s lighter on an earlier date.
At the trial, the victim testified that the Defendant lived two houses away from her mother. She said that on June 6, 2013, she and her mother drove to her mother‟s house, that the Defendant ... More...
   $0 (09-28-2016 - TN)

State of Tennessee v. Jeremy Jones

The defendant was indicted for attempted first degree murder, aggravated assault, employment of a firearm during the commission of a dangerous felony, and convicted felon in possession of a firearm as a result of his shooting Marques Black, the victim, on July 31, 2012, in an alley behind a neighborhood corner store.
At trial, Yolanda Barbee testified that on July 31, 2012, she was visiting ... More...
   $0 (09-28-2016 - TN)

State of Tennessee v. James Walter Morgan

This case arises from the Defendant‟s refusal to return Gervasio Monterosas Sanchez‟s stolen truck to the place from which the Defendant towed it unless the victim paid him a sum of money, as well as from the Defendant‟s having the truck declared abandoned and selling it to another person.
At the trial, Morristown Police Detective Al Herrera testified that in August 2013, ... More...
   $0 (09-28-2016 - TN)

State of Oklahoma v. Christina Renee Simmons

Tulsa, OK - Defendant Sentenced to 20 Years In Prion For Child Neglect.

The State of Oklahoma charged Christina Renee Simmons, age 32, with child neglect in violation of 21 O.S. 843.5 for failing to provide proper supervision and medical care for Charity Simmons after she sustained injuries that led to her death on June 26, 2015.

21 O.S. Section 843.5 provides:

A. Any pa... More...
   $0 (09-28-2016 - OK)

State of Tennessee v. Michael D. Hernandez

In March 2013, the appellant was tried for four counts of rape of a child that allegedly occurred “on or about” March 7, March 14, March 21, and March 28, 2009. At trial, the then thirteen-year-old victim testified that she was nine years old in 2009. Her grandmother was married to the appellant, and the victim had known him since she was a baby. The victim lived with her grandmother; the appel... More...   $0 (09-27-2016 - TN)

STATE OF TENNESSEE v. JOHNNY MALCOLM VINSON

This case stems from the defendant’s violation of an order of protection entered against him by his estranged wife, Angel Pack. On November 27, 2013, Ms. Pack obtained an order of protection against the defendant. The order prohibited the defendant from contacting, abusing, or threatening Ms. Pack. At the time the order was obtained, Ms. Pack ran a concession stand at Gibbs Auction House in Nashvi... More...   $0 (09-27-2016 - TN)

State of Tennessee v. Christopher Demotto Linsey

On November 8, 2013, Deputy Daniel Gagnon of the Montgomery County Sheriff‟s Office observed the defendant driving without a seatbelt and initiated a traffic stop. When approaching the vehicle, Deputy Gagnon smelled burnt marijuana. Deputy Gagnon asked the defendant for his license and registration. The defendant could not produce a driver‟s license and instead gave the officer a Tenne... More...   $0 (09-27-2016 - TN)

RANDALL THOMAS HESTER V. COMMONWEALTH OF KENTUCKY

The testimony presented at trial included the following. On the evening
of November 10, 2011, Appellant and his girlfriend, Jessica Womack, gathered
with other drug-using acquaintances at Judy Seabolt's home in Warren
County. According to Seabolt, Womack and Appellant had an argument that
escalated to physical violence, with Appellant beating Womack and pointing a
pistol a... More...
   $0 (09-27-2016 - KY)

ROGER DALE EPPERSON V. COMMONWEALTH OF KENTUCKY

Because this Court has already discussed and decided several issues
that are nearly identical to those raised herein, we will rely, in part, on our
previous rulings in Epperson and Hodge. We summarized the mutual facts in
Epperson as follows:
On August 8, 1985, Donald Bartley and Hodge entered the home of the victim and her father posing as F.B.I. agents. Once inside, Hodge pro... More...
   $0 (09-27-2016 - KY)

CARLOS LAMONT ORDWAY V. COMMONWEALTH OF KENTUCKY

During a summer evening in 2007, Ordway was traveling in the front
passenger seat of a stolen car with two acquaintances. Rodriquez "Hot Rod"
Turner was the car's driver and Patrick "Lee Lee" Lewis was in the back
passenger seat directly behind Ordway. According to Ordway, the group was
traveling from Louisville to Lexington to traffic in narcotics. The plan was for
Ordway... More...
   $0 (09-27-2016 - KY)

COMMONWEALTH OF KENTUCKY v. MOHAMUD ABUKAR

According to the evidence presented at trial, the victim and her boyfriend
left a Newport, Kentucky, nightclub under the influence of alcohol, and entered
a taxi where they passed out before telling the driver where to take them.
Several hours later, the victim awakened in the cab to find the taxi driver
forcibly raping her. As she awakened, the driver immediately got off of he... More...
   $0 (09-26-2016 - KS)

GARY MARTIN V. STEPHEN O'DANIEL AND MIKE SAPP V. STEPHEN O'DANIEL AND BOBBY MOTLEY V. STEPHEN O'DANIEL

Stephen O'Daniel is a retired Kentucky State Police (KSP) officer. He was
employed by the Justice and Public Safety Cabinet as Executive Director of the
Office of Investigations when he purchased what was purportedly a 1974
Chevrolet Corvette. After discovering that the vehicle was actually a 1975
Corvette, O'Daniel sought the assistance of Detective Riley of KSP's stolen
... More...
   $0 (09-26-2016 - IN)

Christopher Hunt v. The State of Texas

Appellant Christopher Hunt and his co-defendant, David Hunt, were indicted and charged
with two counts of burglary of a habitation with intent to commit assault and burglary by committing or attempting to commit assault.1 A jury found Christopher guilty and assessed
punishment at ten years’ confinement in the Institutional Division of the Texas Department of
Criminal Justice, suspe... More...
   $0 (09-25-2016 - TX)

Jonathan Jose Guillen v. The State of Texas

In his first two issues, Guillen complains of an improper comment made by the prosecutor.
During the punishment phase of trial, Guillen presented evidence regarding his abusive childhood,
including the testimony of an expert witness regarding the effect of that abuse on Guillen. During
closing argument, defense counsel referred to this evidence. During the State’s closing argumen... More...
   $0 (09-25-2016 - TX)

Perry Lee Penning v. The State of Texas

The instant charge arose out of a roadway encounter between two drivers on Highway
183 in Austin. Jerold Hill, driving a white Buick LaSabre, was driving in the right lane (of three
lanes), which merged into the center lane. Unable to successfully merge because the center lane
drivers would not let him in, Hill was forced to drive on the shoulder of the roadway. However, the
sho... More...
   $0 (09-24-2016 - TX)

Charles Newman Smith, Jr. v. The State of Texas

The indictment in this case alleged that “pursuant to a common scheme or continuing
course of conduct” and “with the intent to establish, maintain, or participate in a combination or in
the profits of a combination,” Smith collaborated to commit the offense of unlawfully delivering,
dispensing, or distributing methamphetamine in an amount between four and 200 grams. The
indictment... More...
   $0 (09-24-2016 - TX)

STATE OF OKLAHOMA v. THE DISTRICT COURT OF MAYES COUNTY, THE HONORABLE REBECCA GORE

On April 29, 2016, Petitioner, the State of Oklahoma, by and through Mayes County Assistant District Attorneys Kali Strain and Brian Surber, filed a Petition for Writ of Prohibition or, alternatively, a Writ of Mandamus in Mayes County Case No. CF-2015-248(A), styled State of Oklahoma v. Aaron McNulty. The State requests this Court order the District Court of Mayes County, the Honorable Rebecca Go... More...   $0 (09-24-2016 - OK)

STATE OF KANSAS v. MARQUATESZ R. REDMON

All parties in this case agree that the charges in this case arose out of horrible facts. On the evening of June 6, 2013, 76-year-old W.S.B., a widow who lived alone in her Wichita home, endured a horrendous ordeal after waking up when a strange man
2
came into her bedroom and jumped on top of her while holding a knife. W.S.B. was not wearing her glasses, so she could not see the man. Sh... More...
   $0 (09-23-2016 - KS)

RACHEL K. PLATT v. KANSAS STATE UNIVERSITY

At the outset, we acknowledge that when a district court has granted a motion to dismiss, "an appellate court must accept the facts alleged by the plaintiff as true, along with any inferences that can reasonably be drawn therefrom." Cohen v. Battaglia, 296 Kan. 542, 546, 293 P.3d 752 (2013). Accordingly, the following facts are those asserted by Platt in her district court petition.
Platt wa... More...
   $0 (09-23-2016 - KS)

STATE OF OKLAHOMA v. KERRY REDON SMITH, A/K/A KERRYE KREDON SMITH, A/K/A KERRYE REDON SMITH

TULSA, OK - THE STATE OF OKLAHOMA charged KERRY REDON SMITH, A/K/A KERRYE KREDON SMITH, A/K/A KERRYE REDON SMITH with:

Count # 1. Count as Filed: ABDOM, DOMESTIC ASSAULT & BATTERY RESULTING IN GREAT BODILY HARM, in violation of 21 O.S. 644 F
Date of Offense: 06/28/2012

Party Name

Disposition Information

SMITH, KERRY REDON Disposed: DISMISSED, 08/08/2014. ... More...
   $0 (09-23-2016 - )

State of Nebraska v. Travis T. Mitchell

On June 6, 2014, after a vehicular pursuit in Lincoln,
Nebraska, police apprehended Mitchell in front of his residence.
The State charged Mitchell with DUI with refusal to
submit to a chemical test and with driving during revocation,
and the district court conducted a jury trial. Mitchell elected
not to testify.
Three different officers observed Mitchell’s driving beforeMore...
   $0 (09-23-2016 - NE)

State of Nebraska v. Douglas Rothenberger

Just after midnight on June 19, 2013, a motorist called the
911 emergency dispatch service to report that a vehicle traveling
on Highway 92 near Scottsbluff, Nebraska, was swerving
from one edge of the highway to the other and fluctuating
between 20 and 60 m.p.h. The motorist followed the vehicle
until Deputy Sheriff Jared Shepard arrived.
Shepard followed the vehicle and s... More...
   $0 (09-23-2016 - NE)

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