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Malicious Prosecution Law
 
United States of America v. Rodrigo Ramirez and Irwin Camacho

Boise, ID - Arizona Men Sentenced to Prison After Transporting Five Pounds of Heroin to Nampa, Idaho

Rodrigo Ramirez, 22, and Irwin Camacho, 19, both of Phoenix, Arizona, were sentenced for possession with intent to distribute heroin. Ramirez was sentenced by Chief U.S. District Judge B. Lynn Winmill to serve 70 months imprisonment to be followed by five years of supervised release. Ca... More...
   $0 (12-28-2016 - ID)

MARLIN D. WILLIAMS v. STATE OF KANSAS Sex Trafficking

On September 22, 2008, a jury convicted Williams of aggravated trafficking of a person under 18 years of age, a severity level 1 person felony, in violation of K.S.A. 213447(a)(2). On January 16, 2009, the district court sentenced Williams to a downward durational departure sentence of 246 months' imprisonment.

Williams filed a direct appeal contending that K.S.A. 21-3447(a)(2) is uncon... More...
   $0 (12-27-2016 - KS)

STATE OF KANSAS v. COREY MONTGOMERY

This matter returns to our court upon a remand order by the Supreme Court. On January 31, 2014, our court issued a memorandum opinion in this case affirming Corey Montgomery's conviction for aggravated burglary in violation of K.S.A. 2011 Supp. 21-5807(b). See State v. Montgomery, No. 108,164, 2014 WL 349558 (Kan. App. 2014) (unpublished opinion), rev. granted and remanded 304 Kan. 1020 (2016). <... More...   $0 (12-27-2016 - KS)

KEITH LUMRY v. STATE OF KANSAS, KANSAS BUREAU OF INVESTIGATION, CLINT HAWKINS, KELLY RALSTON, and ROBERT BLECHA

Due to the procedural posture, all facts and inferences that may be reasonably drawn from the evidence are resolved in Lumry's favor because the district court decided this case against him on summary judgment. Thoroughbred Assocs. v. Kansas City Royalty Co., 297 Kan. 1193, 1204, 308 P.3d 1238 (2013); O'Brien v. Leegin Creative Leather Products, Inc., 294 Kan. 318, 330, 277 P.3d 1062 (2012). Our f... More...   $0 (12-27-2016 - KS)

STATE OF MONTANA v. JEFFREY DAVID BEAVER

On August 12, 2014, an officer of the Motor Carrier Services Division, Montana
Department of Transportation (MDT), stopped Beaver’s commercial freightliner vehicle
in Teton County. After making the stop the officer detected the odor of alcohol and
believed that Beaver was driving under the influence. He used a portable breath test
(PBT) device and it showed that Beaver’s breat... More...
   $0 (12-27-2016 - MT)

LAWRENCE EUGENE SHAW v. UNITED STATES

A federal statute makes it a crime “knowingly [to] execut[e] a scheme . . . to defraud a financial institution,” 18 U. S. C. §1344(1), for example, a federally insured bank, 18 U. S. C. §20. The petitioner, Lawrence Shaw, was convicted of violating this provision. He argues here that the provision does not apply to him because he intended to cheat only a bank depositor, not a bank. We do not ac... More...   $0 (12-26-2016 - DC)

State of Tennessee v. Jakeil Malik Waller

This case arises out of a fight between two young men, which ended when the Defendant and his brother fired multiple shots into a crowd of people who were watching the fight—killing Shomari Peterson and injuring Thomas Reid, Jr. At trial, Jessica Spencer testified that she was living at Parkway East Apartments in Jackson on July 27, 2014. On that day, Ms. Spencer saw a crowd gathering in a grass... More...   $0 (12-26-2016 - TN)

State of Tennessee v. Timothy Andrew Bishop

The Defendant was charged with child abuse after his son, the five-year-old victim, arrived at school after the 2012 Thanksgiving break with a variety of bruises and other injuries covering his face. The victim lived with the Defendant and with his paternal grandmother. At the time of the charged offenses, the victim‟s mother had been deceased for several years. The victim, who was descri... More...   $0 (12-26-2016 - TN)

United States of America v. Davis Kiryakoz

San Jose, CA - Modesto Resident Pleads Guilty To Conspiracy To Transport Stolen Wine

Davis Kiryakoz pleaded guilty to conspiracy to transport stolen goods. The plea agreement, accepted by the Honorable Beth Labson Freeman, U.S. District Judge, identifies the stolen goods as wines valued at over $870,000, more than $370,000 of which defendant arranged to have shipped in interstate commer... More...
   $0 (12-26-2016 - CA)

United States of America v. Andrew Cervantes, aka “Mad Dog,” Henry Cervantes, a/k/a “Happy,” Alberto Larez, 48, aka “Bird,” Jaime Cervantes, a/k/a “Hennessy”

Oakland, CA - Top Nuestra Familia Leader And Three Other Gang Members Sentenced For Murder, Racketeering

Four members of the Nuestra Familia criminal organization – including the top gang leader – were sentenced to federal prison for racketeering, murders, robberies, drug offenses, and related acts.

“..., four additional members of the Nuestra Familia gang were sentenced for the ... More...
   $0 (12-26-2016 - CA)

State of Tennessee v. Daniel McCaig

Amber Brimm, a loss prevention employee of Walmart in Dyersburg, testified that she was working on March 19, 2014. She knew Defendant prior to that date. She saw Defendant walk past her, and he was holding two packages of Ear Pro earplugs. She testified that Defendant “had them like tucked under, like trying to hide them.” Ms. Brimm watched Defendant walk to the drink aisle, select a drink, an... More...   $0 (12-25-2016 - TN)

State of Tennessee v. Travis Dewayne Melton

This appeal involves the shooting death of Donnie Wayne Tayes (“the victim”) following an incident at the Defendant‟s home in the early morning hours of September 17, 2012, involving the Defendant, the victim, and the victim‟s wife, Angel Tayes. Based upon the events of that morning, the Overton County Grand Jury indicted the Defendant for the following offenses:
Count Offense Vi... More...
   $0 (12-25-2016 - TN)

United States of America v. Jimmy Alex Barela, Jr.

Las Cruces, NM - Las Cruces Man Pleads Guilty to Federal Narcotics Trafficking Charges - Defendant Prosecuted as Part of HOPE Initiative Which Seeks to Reduce the Number of Opioid-Related Deaths in New Mexico

Jimmy Alex Barela, Jr., 38, of Las Cruces, N.M., pled guilty to methamphetamine and heroin trafficking charges. The guilty plea was entered without the benefit of a plea agreement.<... More...
   $0 (12-25-2016 - NM)

United States of America v. Amber Kay Otero

Albuquerque, NM - Former Pharmacy Technician from Carlsbad Pleads Guilty to Misdemeanor Crime for Unlawful Possession of Oxycodone - Defendant Prosecuted Under HOPE Initiative which Seeks to Reduce Opioid-Related Deaths in New Mexico

Amber Kay Otero, 31, of Carlsbad, N.M., pled guilty to the misdemeanor offense of unlawfully possessing a controlled substance.

Otero was arrested ... More...
   $0 (12-25-2016 - NM)

State of Tennessee v. Kathy Bell Noble

Officer Matthew Smalley of the Franklin Police Department Traffic Unit testified that on the night of September 6, 2013, he was travelling southbound on Mallory Lane when he came to the intersection with Liberty Pike. He said:

And my light, at that time of night the traffic light is flashing red in my direction. And also for traffic coming across the street from North Royal Oaks Boule... More...
   $0 (12-24-2016 - TN)

STATE OF IOWA vs. KATIE JO BENNETT

Katie Jo Bennett challenges her conviction for assault causing bodily
injury following a nonjury trial. After hearing two prosecution witnesses and two
defense witnesses, the district court decided the State proved beyond a
reasonable doubt that Bennett punched Deanna Dunning in the eye, causing
swelling and bruising. Bennett denies leveling the blow and faults the district <... More...
   $0 (12-23-2016 - IA)

United States of America v. Donnie Lee Phillips, II

Wilmington, NC - Pitt County Medicaid Biller Sentenced to 9 Years in Federal Prison for Participation in Medicaid Fraud Conspiracy

DONNIE LEE PHILLIPS, II, 37, of Greenville, North Carolina, was sentenced to 108 months in federal prison and 3 years of supervised release following his prior guilty plea to Health Care Fraud Conspiracy and Aggravated Identity Theft. PHILLIPS was also ordere... More...
   $0 (12-23-2016 - NC)

United States of America v. Amancio Jushua Venegas

Columbia, SC - “Real Time”: Felon Who Attempted to Evade Officers Sentenced to 10 Years in Federal Prison for Firearms Possession

Expedited for prosecution by the ATF, Venegas had only been out of jail 47 days prior to chase

Amancio Joshua Venegas, age 32, of Gaffney, was sentenced to ten years in federal prison following a guilty plea to federal gun charges. United States Distr... More...
   $0 (12-23-2016 - SC)

STATE OF IOWA vs. JERRY WAYNE CUNNINGHAM JR

The district court found Jerry Cunningham Jr. guilty of possession of
methamphetamine, second offense. On appeal, Cunningham challenges (1) the
court’s denial of his motion to dismiss the prosecution based on a speedy trial
violation and (2) the court’s denial of his motion to suppress evidence arguably
gained pursuant to a statutory nurse-patient privilege.
I. Dismiss... More...
   $0 (12-23-2016 - IA)

United States of America v. Anthony Cosica

Lexington, KY - Last Defendant In $48 Million Dollar Cigarette Tax Fraud Scheme Sentenced - The case involved untaxed cigarettes sold in all 50 States and was the first prosecution in the nation under federal PACT Act.

The last defendant in a domestic and international, multimillion-dollar cigarette tax fraud scheme has been sentenced.

On Thursday, U.S. District Judge David L. Bu... More...
   $0 (12-23-2016 - KY)

Securities and Exchange Commission v. Teva Pharmaceutical Industries Ltd. (Teva)

Miami, FL - TEVA PHARMACEUTICAL INDUSTRIES LTD. AGREES TO PAY MORE THAN $283 MILLION TO RESOLVE FOREIGN CORRUPT PRACTICES ACT CHARGES

Companies Agree to Pay Nearly $520 Million to U.S. Criminal and Regulatory Authorities, Representing the Largest Criminal Fine Imposed Against a Pharmaceutical Company for Violations of the FCPA

Teva Pharmaceutical Industries Ltd. (Teva), the world... More...
   $283000000 (12-22-2016 - FL)

United States of America v. Steven Raymond Foster

Anchorage, AK - Juneau Man Sentenced to Federal Prison for Distributing Child Pornography

A Juneau man was sentenced to federal prison for the distribution of child pornography.

Steven Raymond Foster, 55, of Juneau, Alaska, was sentenced by Chief U.S. District Judge Timothy M. Burgess to 78 months in prison for a single count of distribution of child pornography. Upon the compl... More...
   $0 (12-22-2016 - AK)

United States of America v. Teva, L.L.C. (Russia)

Miami, FL - Teva Pharmaceutical Industries Ltd. Agrees to Pay More Than $283 Million to Resolve Foreign Corrupt Practices Act Charges - Companies Agree to Pay Nearly $520 Million to U.S. Criminal and Regulatory Authorities, Representing the Largest Criminal Fine Imposed Against a Pharmaceutical Company for Violations of the FCPA

Teva Pharmaceutical Industries Ltd. (Teva), the world’s larg... More...
   $520000000 (12-22-2016 - FL)

DANNY WAYNE RANKINS vs. STATE OF IOWA

There was an armed robbery at an Arby’s restaurant in Des Moines on
January 18, 2006. Rankins was identified as the driver of the getaway car by two
witnesses. One of those witnesses was Rick Knutson. The getaway car was
stopped by police, but the other occupant of the car was able to get out and
escape on foot. A loaded revolver found in the car was later identified as the... More...
   $0 (12-21-2016 - IA)

STATE OF IOWA vs. NAPOLEON MBONYUNKIZA

D.B., a mentally and physically incapacitated woman living at a Des
Moines-area group home, was treated at Mercy Hospital for weight loss, gagging,
and digestive issues. It was discovered D.B. was twenty weeks pregnant. The
pregnancy was terminated per the direction of D.B.’s guardian. Police sought
DNA samples of all males with access to D.B., including Mbonyunkiza, a
... More...
   $0 (12-21-2016 - IA)

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