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Malicious Prosecution Law
 
Christopher David Scott v. The State of Texas TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

The victim N.H. testified that Scott, with whom she had a non-exclusive dating
relationship, asked her to pick him up from a residence to give him a ride. She stated that after she
arrived, Scott asked for help getting some things from the residence. Once inside the hallway of the
house, N.H. noticed a sex toy on the floor and said “gross.” N.H. testified that Scott then “freakedMore...
   $0 (06-24-2017 - TX)

Matthew Devere Warfield v. The State of Texas TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

The instant charges arose out of a roadway encounter between two drivers going
northbound on Interstate 35 between San Marcos and Austin, near Kyle. Jack Drewien, driving a
red truck, was driving in the left of the three highway lanes. As he began to approach an 18-wheeler
truck driving in the center lane, he saw a white car in his rearview mirror. As he passed the truck,
he not... More...
   $0 (06-23-2017 - TX)

James Gregory Beall v. The State of Texas TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

The jury heard evidence that, around 7:00 p.m. on March 12, 2015, appellant was
pulled over by police officers with the Texas State University Police Department in Hays County for
failing to stop at a stop sign. One of the officers was being trained by the other officer in the
Department’s field training program. The trainee officer approached appellant’s vehicle on the
passenger... More...
   $0 (06-23-2017 - TX)

Herman Florez Jr. v. The State of Texas

Florez and his wife Jennifer moved in with her mother in August or
September 2014 while their new home was being built. While they lived with
Jennifer’s mother, they kept all of their jewelry in a safe in her mother’s house
because, according to Jennifer, it “[j]ust felt like a safe place to keep it because
[they] knew [they] were going to move.” Florez and Jennifer moved to ... More...
   $0 (06-23-2017 - TX)

CHARLES LEE MOSIER SR. V. THE STATE OF TEXAS COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

In 2003, four-year old Alex and one-year old Amy2 were placed in the care
of Wendy, their mother’s aunt, and Appellant, Wendy’s husband, while Child
Protective Services (CPS) conducted an investigation of abandonment and
neglect allegations against their mother, Macy.3 Although the record is unclear, it
appears that at some point the siblings were permanently placed there, and... More...
   $0 (06-23-2017 - TX)

Lindemann Properties, LTD. v. Ward A. Campbell

Appellant Lindemann Properties, Ltd. filed a motion for rehearing and a motion for en banc reconsideration of our opinion that issued on December 8, 2016. We deny both motions, withdraw our opinion and judgment dated December 8, 2016, and substitute the following.
2
I. INTRODUCTION
Lindemann sued Appellee Ward A. Campbell for a declaration that Campbell’s radio-transmission-tower easem... More...
   $0 (06-23-2017 - TX)

Marilyn Pickaree-Champagne v. The Metropolitan Transit Authority of Harris County

In this slip-and-fall premises liability case, appellant Marilyn Pickaree-Champagne appeals a summary judgment entered in favor of appellee, Metropolitan Transit Authority of Harris County, Texas (“METRO”). Pickaree-Champagne argues that the trial court erred by granting summary judgment based on her deemed
admissions and by failing to rule on her motion for spoliation of evidence. We reverse ... More...
   $0 (06-23-2017 - )

David Richard Wilson v. The State of Texas Houston sicko who raped 23-month-old niece and 14-year-old girl and infected them with HIV sentenced to life in prison

When Jane1 was in middle school and appellant was 32, she began a sexual
relationship with him. Jane knew appellant as her little brother’s father, and he had
lived with her family on and off through the years. Jane had an on-going sexual
relationship with appellant, which continued even after he separated from her
mother. When Jane became pregnant, her grandmother suspected t... More...
   $0 (06-22-2017 - TX)

STATE OF KANSAS v. JEREMIAS OGDEN Kansas Judicial Center

In January 2014, Ogden placed an ad on Craigslist seeking a sexual relationship. The ad caught the attention of Detective Jennifer Wright of the Wichita Police
2

Department due to the fact Ogden said he was open to "any age or race." Detective Wright responded to Ogden's ad posing as a fictitious 15-year-old girl, Miranda Wright, and told him she was new to the Wichita area. Over t... More...
   $0 (06-21-2017 - KS)

STATE OF KANSAS v. JASON HACHMEISTER Case Video

In September 2011, Topeka police began investigating the death of Hachmeister's mother, whose body was found at her home where Hachmeister also lived. The police obtained six search warrants as the inquiry unfolded. The first five were for the homicide investigation and the sixth was to search Hachmeister's computers for child pornography. Officers recovered more than 100 pornographic images of ch... More...   $0 (06-21-2017 - KS)

State of Nebraska v. Henry O. Salvador Rodriguez Nebraska Supreme Court

Henry O. Salvador Rodriguez was charged with one count of
possession of methamphetamine with intent to deliver and one
count of possession of a defaced firearm, both on or about July
30, 2014. A jury found Salvador Rodriguez guilty of possessing
methamphetamine, in an amount of over 10 grams, with
intent to deliver. The jury found Salvador Rodriguez not guilty
of possession... More...
   $0 (06-21-2017 - NE)

State of Nebraska v. Michael L. Ross Nebraska Supreme Court

The facts of the underlying crimes are fully set forth in Ross’ direct appeal.2 As relevant here, Ross argues the district court erred in denying an evidentiary hearing on his motion for postconviction relief. His arguments are premised on the constitutionality of § 28-1212.04, which at the time of his crime prohibited
[a]ny person, within the territorial boundaries of any city, incorporated v... More...
   $0 (06-21-2017 - NE)

Vladek Filler v. Mary Kellett, et al. United States Court of Appeals for the First Circuit Boston, Massachusetts

This appeal arises out of the
state prosecution of Vladek Filler in 2009. He was initially
indicted on five counts of gross sexual assault and two counts of
assault of his then-wife Ligia Arguetta Filler. After two trials
-- and two appeals to the Maine Law Court -- he was convicted only
of one misdemeanor assault count, which he is still challenging.
In the wake of these e... More...
   $0 (06-21-2017 - ME)

American Humanist Association, Inc. v. Douglas County School District RE-1 United States Court of Appeals for the Tenth Circuit Denver, Colorado

Plaintiffs, families with children enrolled in the Douglas County School
District RE-1 (“DCSD”) and the American Humanist Association (“AHA”), filed this
action challenging various DCSD practices as violations of the Establishment Clause
and the Equal Access Act (“EAA”). They contend that DCSD has engaged in a
pattern and practice of promoting Christian fundraising efforts and perm... More...
   $0 (06-20-2017 - KS)

Deborah Lee Nicholls v. The People of the State of Colorado Colorado Supreme Court

On the night of March 6, 2003, Nicholls’ husband, Tim, set fire to their home
while she was at their business, the Tailgate Bar. The fire killed their three children,
ages eleven, five, and three. After the fire consumed the house, Nicholls returned from
the Tailgate Bar and claimed to have left candles burning inside the house. She showed
little concern for the children and... More...
   $0 (06-20-2017 - CO)

The People of the State of Colorado v. Darren Roman Colorado Supreme Court

Darren Roman was charged with attempted first degree murder and first degree
assault, as the result of an incident in which the mother of his child suffered a knife
wound to her neck and substantial cuts to her hands. He was convicted of first degree
assault and sentenced to imprisonment for fifteen years.
¶4 The uncontested evidence at trial indicated that on June 7, 2009, th... More...
   $0 (06-20-2017 - WY)

Shaun Kenneth Hamilton v. The State of Wyoming Casper man accused of raping two girls

There are two victims in this case, JP and KB. Mr. Hamilton is KB’s stepfather, and lived with KB andher mother. KB testified that in 2015, when she was fourteen, Mr. Hamilton sexually assaulted her in her bedroom. The following day, KB went to school and told a friend about the incident, and the friend reported it to the school principal. The principal called the Wyoming Department of Family... More...   $0 (06-20-2017 - )

ADAM JAMES BROUSSARD v. THE STATE OF WYOMING Supreme Court of Wyoming

On May 23, 2015, Mr. Broussard and Keevin Ware went to Kayla Walker’s apartment. According to Ms. Walker, Mr. Broussard was upset with her because she did not give him a ride the previous evening. Angered by their discussion, Mr.Broussard pulled out a gun, put it to Ms. Walker’s head, and demanded that she give him money. Ms. Walker told him that her money was in her car. Mr. Broussard preceded... More...   $0 (06-20-2017 - WY)

United States of America v. Chere Juarez and Leo Lopez Federal Courthouse - Albuquerque, New Mexico

Albuquerque, NM - One Albuquerque Resident Pleads Guilty and One More Sentenced on Federal Methamphetamine Trafficking Charges

Defendants Two of 104 Individuals Federally Charged as the Result of ATF-Led Investigation Pursued in Support of Federal “Worst of the Worst” Anti-Violence Initiative

One Albuquerque resident pled guilty and one was sentenced in federal court in Albuquerq... More...
   $0 (06-20-2017 - OK)

United States of America v. Rodney Bernoid Smith

East St. Louis, IL - Houston Man Sentenced To Federal Prison For Drug Trafficking Following $1.2 Million Dollar Cash Seizure

A drug trafficker was sentenced to over 12 years in prison for conspiracy to distribute cocaine in the St. Louis metropolitan area.

Defendant Rodney Bernoid Smith, 43, of Houston, Texas, was sentenced to 147 months in prison, five years of supervised releas... More...
   $0 (06-19-2017 - IL)

H. Brooke Paige v. State of Vermont, Secretary of State James Condos, Attorney General William Sorrell, Rafael Edward Cruz and Marco Antonio Rubio

Appellant’s case began on December 9, 2015, when he filed a declaratory judgment
action against the State, the Secretary of State, and the Attorney General. This action sought, in
relevant part: (1) a declaration of “the precise meaning of the phrase ‘natural-born Citizen’ ”;
(2) an order requiring the Secretary of State to determine the qualifications of presidential
candidat... More...
   $0 (06-19-2017 - MS)

Timothy Nelson Evans a/k/a Timothy N. Evans a/k/a Timothy Evans a/k/a Tim Evans v. State of Mississippi

Evidence adduced at trial revealed that in the spring of 2009, Evans moved into
Holling’s home as her tenant. The two previously had been romantically involved, but that
relationship had ceased before Evans moved in with seventy-year-old Holling. On the
morning of January 2, 2010, fifty-two-year-old Evans and his friend, Joe Thomas, were on
the way to perform a carpet-cleaning job ... More...
   $0 (06-19-2017 - SC)

The State v. Demario Monte Thompson South Carolina COURT OF APPEALS

A Lancaster County grand jury indicted Thompson for first-degree burglary and attempted murder based on allegations he broke into Keasia Drafton's apartment and tried to kill her on July 2, 2014.1 Before trial, Thompson moved to suppress a trespass notice letter stating he was banned from the apartment complex where Drafton lived. Thompson argued (1) the letter was irrelevant, (2) the letter pres... More...   $0 (06-19-2017 - FL)

Florzell Antonio Dewayne Faulk vs State of Florida

Appellant, who was convicted of burglary with a battery, raises a number of
issues on appeal. We find one to be dispositive: appellant alleges the trial court’s
failure to instruct the jury on his affirmative defense of consent to enter the
2

victim’s vehicle amounted to fundamental error. We agree with appellant and
reverse and remand for a new trial.
The prose... More...
   $0 (06-19-2017 - FL)

HARREL FRANKLIN BRADDY vs. STATE OF FLORIDA HARREL FRANKLIN BRADDY vs. JULIE L. JONES, etc.

In 2007, Braddy was convicted of first-degree murder, attempted first-degree
murder, two counts of kidnapping, burglary of a structure with an assault or battery
therein, child neglect causing great bodily harm, and attempted escape. Braddy v.
State, 111 So. 3d 810, 826 (Fla. 2012). On appeal, this Court set out the facts of
the crimes:
The evidence presented at Braddy’s... More...
   $0 (06-18-2017 - FL)

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