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Malicious Prosecution Law
 
Dante Martin v. State Of Florida  

Dante Martin (the defendant) appeals his judgment and sentences, which were
entered by the trial court after a jury found him guilty of committing the crimes of
manslaughter,1 felony hazing resulting in death,2 and two counts of misdemeanor hazing.3
We affirm.
The defendant was a member of the percussion section of the Florida A&M
University's marching band, the "Marchin... More...
   $0 (11-22-2016 - FL)

United States of America v. Aaron C. Kreifels

Lincoln, NE - Grand Island Man Sentenced to Prison for Drug Trafficking

Aaron C. Kreifels was sentenced to 30 months imprisonment, to be followed by 3 years of supervised release, and he was ordered to pay a total of $300 in special assessments, following his convictions for possession with intent to distribute marijuana, possession with intent to distribute psilocybin mushrooms, and felo... More...
   $0 (11-21-2016 - NE)

William Thompson v. State of Florida

Thompson pled guilty to the March 30, 1976, brutal beating death of the victim, Sally Ivester. Thompson v. State, 389 So. 2d 197, 198 (Fla. 1980). In Thompson, this Court described the crimes, which occurred when William Lee Thompson was 24 years old:

The appellant Thompson, Rocco Surace, Barbara Savage, and the victim Sally Ivester were staying in a motel room. The girls were instruc... More...
   $0 (11-21-2016 - FL)

Leon Davis, Jr. v. State of Florida

STATEMENT OF FACTS AND PROCEDURAL HISTORY
The Events at Headley Insurance
The evidence introduced at Davis’s trial revealed the following. Around
3 p.m. on December 13, 2007, Davis entered the Lake Wales location of the
Headley Insurance Agency (Headley) with the intent to commit robbery. Davis
was armed with a loaded .357 magnum revolver and equipped with duct tape, a <... More...
   $0 (11-21-2016 - FL)

Brian Michael Robinson v. State of Florida

On July 20, 2012, Robinson Michael Robinson was charged in an information in
Count 1, a second-degree felony, with promoting sexual conduct by a child in
violation of section 827.071(3), Florida Statutes (2007), and Counts 2 through 10,
third-degree felonies, with possession of a photograph, motion picture, exhibition,
show, representation or other presentation, to-wit, video o... More...
   $0 (11-21-2016 - FL)

State of Tennessee v. Ytockie Fuller aka Yteikie Washington

On March 11, 2014, Aljernon Lloyd, Jr. died after being shot in the face by the defendant in Jackson, Tennessee. Prior to the shooting, the victim took his companion, Katherine Dickerson, and her daughter shopping in his car. The three ended the shopping trip at Ms. Dickerson‟s house in Jackson. Before arriving at the house, the victim received a telephone call from Steve McCorry. Becaus... More...   $0 (11-21-2016 - TN)

State of Tennessee v. Grace Ann Blair

The facts surrounding the Defendant‟s arrest were introduced by agreement of the parties in the form of the police reports summarizing her encounter with law enforcement. Acting on “complaints from private citizens … to 911” and on the observation of officers, law enforcement stopped the Defendant‟s vehicle around 10:30 p.m. on September 14, 2013. The Defendant brought her vehicle to... More...   $0 (11-21-2016 - TN)

Marvin Davis v. State of Tennessee

The Petitioner’s conviction pertains to the rape of his girlfriend’s six-year-old great-niece. The victim frequently stayed in the home the Petitioner and his girlfriend shared and slept in the same room with them. According to the trial proof, the Petitioner woke the victim while the Petitioner’s girlfriend slept, carried the victim upstairs, and sexually penetrated her vaginally and anally on ... More...   $0 (11-21-2016 - TN)

State of Tennessee v. Christopher Michael Ferrell

Eric Lee Beddingfield testified at trial that he was a “touring full-time musician” and that the victim, Wayne Mills, “was also a musician, songwriter” and “one of [his] best friends.” On the night of November 22, 2013, Mr. Beddingfield and Mr. Mills attended a “big tribute show” for George Jones1 at Bridgestone Arena in downtown Nashville. Mr. Beddingfield “was lucky enough to be playing that n... More...   $0 (11-20-2016 - TN)

State of Tennessee v. Ellis Johnson

The defendant was indicted for aggravated burglary with intent to commit theft and aggravated burglary with intent to commit assault as a result of his forceful entry into the victims‟ hotel room during the early morning hours of August 18, 2013. The jury acquitted him of aggravated burglary with intent to commit theft but convicted him of aggravated burglary with intent to commit assault. ... More...   $0 (11-20-2016 - TN)

The State of New Hampshire v. Thomas Milton

The relevant facts follow. The charges against the defendant stem from events occurring on July 26, 2010, at the New Hampshire State Prison where the defendant and the victim were then incarcerated. The defendant was a member of a prison gang known as the Brotherhood of White Warriors (BOWW), and had been ordered by Frankie Philbrook, a high-ranking member of BOWW, to assault the victim because ... More...   $0 (11-20-2016 - NH)

THE PEOPLE OF THE STATE OF ILLINOIS v. ONAFFIA McFADDEN

This case involves an appeal from a conviction for unlawful use of a weapon by a felon (UUW by a felon). 720 ILCS 5/24-1.1(a) (West 2008). The conviction was based on defendant Onaffia McFadden’s possession of a firearm at a time when he had been convicted of aggravated unlawful use of a weapon (AUUW). The appellate court vacated the conviction for UUW by a felon based on this court’s decision in ... More...   $0 (11-20-2016 - Il)

THE PEOPLE OF THE STATE OF ILLINOIS v. VINCENT RIZZO

On September 17, 2013, defendant, Vincent Rizzo, was charged by uniform citation and complaint forms with (1) a violation of section 11-601.5(b) of the Vehicle Code (625 ILCS 5/11-601.5(b) (West 2012) (“A person who drives a vehicle *** at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit *** commits a Class A misdemeanor.”)) 2 in that he allegedly drove hi... More...   $0 (11-19-2016 - Il)

Carl Ray Adams v. The State Of Georgia

Viewed in a light most favorable to the jury’s verdicts, the evidence
adduced at trial established as follows. Adams is a Vietnam War veteran who
has been diagnosed and treated for Post-Traumatic Stress Disorder (PTSD); he
1 In January 2007, a Laurens County grand jury returned an indictment charging Adams with malice murder, felony murder (aggravated assault), and aggravated assault.... More...
   $0 (11-19-2016 - GA)

WELCH v. THE STATE OF GEORGIA

In the early morning hours on February 2, 2009, appellant, accompanied
1 The crimes occurred on February 2, 2009. On November 17, 2009, appellant was indicted by a Fulton County grand jury for malice murder, two counts of felony murder, aggravated assault with a deadly weapon, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. On Janu... More...
   $0 (11-19-2016 - GA)

Freddie L. Alcantar, Jr. v. State of Indiana

Alcantar and Erika were married. At the time of the murder, Alcantar was
unemployed. Erika’s mother Debra Jones financially supported the couple. Six
months prior to her murder, she banned Alcantar from entering her home
because “he was still not working [or] helping out.” Tr. p. 130.
[3] On August 29, 2013, the day before she was murdered, Ms. Jones met with
Alcantar... More...
   $0 (11-19-2016 - IN)

Kenneth W. Kee v. State of Indiana

In February 2015, Devan Philpott (“Philpott”) was arrested for possession of
methamphetamine by the Clarksville Police Department. Philpott asked to
become a confidential informant, and he was released from custody. On
February 23, 2015, he was interviewed by Indiana State Police Detective Barry
Brown (“Detective Brown”). Philpott identified Kee as his dealer, and
Detectiv... More...
   $0 (11-18-2016 - IN)

Jimmy Lee Bush v. State of Indiana

At the time relevant to this appeal, Bush was renting a home from Tanya
Wagner (“Wagner”). Bush occupied the front of the home, but someone else
lived in a smaller apartment in the rear of the home. Bush, as the tenant in the
greater portion of the home, was responsible for the utilities. Bush believed that
the other tenants were running up his utility bill, so he turned off th... More...
   $0 (11-18-2016 - IN)

State of Minnesota vs. Kristyn Nicole Schouweiler

In February 2015, Schouweiler issued a check in the amount of $1,969.07 to the
Wabasha County Auditor/Treasurer for past-due property taxes payable in 2014. The
check was not honored by Schouweiler’s bank, which returned it for insufficient funds.
The County Auditor/Treasurer mailed a notice to Schouweiler, informing her that she had
5 days to make a valid payment, but she fa... More...
   $0 (11-18-2016 - MN)

STATE OF MISSOURI ex rel. CRYSTAL BOLLINGER vs. THE HONORABLE SCOTT L. BERNSTEIN

Bollinger was cited for careless and imprudent driving involving an accident, a
class A misdemeanor (§ 304.012). That ticket was received by and filed with the court.
Bollinger was arraigned, entered a guilty plea that was accepted, was sentenced to pay

1 The pertinent facts are not in dispute. Statutory citations he... More...
   $0 (11-18-2016 - MO)

STATE OF MISSOURI vs. BRIAN KEITH MCBENGE

Over two decades after Victim’s murder, a DNA analysis linked Defendant and his brother Cecil McBenge1 to evidence found on or near Victim’s property shortly after she was killed. In separate underlying cases, Defendant and Cecil were each charged with and found guilty by a jury of first-degree murder based on accomplice liability.2 The State’s fourth
substitute information in lieu of indic... More...
   $0 (11-18-2016 - MO)

STATE OF MISSOURI vs. CECIL RUSSELL MCBENGE

Over two decades after Victim’s murder, a DNA analysis linked Defendant and his brother Brian McBenge1 to evidence found on or near Victim’s property shortly after she was killed. In separate underlying cases, Defendant and Brian were each charged with and found guilty by a jury of first-degree murder based on accomplice liability.2 The State’s third
substitute information in lieu of indict... More...
   $0 (11-17-2016 - MO)

STATE OF MISSOURI v. MARK LEE KILGORE

Appellant, 43, was charged with one count of third-degree assault, based on his conduct
in striking his tenant Dennis Vogt (Vogt), 63, who rented a basement room in Appellant’s house.
Appellant’s brother, Jason Kilgore (Jason), also rented from Appellant and lived in the basement,
but his room did not have a door; rather, his area was in the basement proper and his bed was
nea... More...
   $0 (11-17-2016 - MO)

GREGORY AARON KINSEY APPELLANT v. STATE OF ARKANSAS

On July 1, 2013, Kinsey was charged with two counts of capital murder in the June
26, 2013, deaths of Brandon Prince and Nathan Young. At trial, Nathan Maynard testified
that he lived next door to Prince and across the street from Young in Fort Smith. Maynard
testified that at around 9:00 p.m., Young knocked on his door and asked him if he wanted
to come outside and drink a beer. ... More...
   $0 (11-17-2016 - AR)

DARRELL NAPOLEON DENNIS V. STATE OF ARKANSAS

Our review of the record reflects that during the early morning hours of May 10,
2013, Forrest Abrams drove his red Chevrolet Tracker to the Golden Foods store located
at 12th and Woodrow Streets in Little Rock so that Tyler Hodges could purchase cigarettes.
On the parking lot, Hodges encountered a man whom he did not know and who asked
Hodges for money. After buying the ciga... More...
   $0 (11-17-2016 - AR)

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