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Malicious Prosecution Law
 
Cherrity Weatherford v. City of San Rafael

In California, concerns about improper government expenditures can give
rise to more than just criticism in the public sphere or complaints to elected
officials. Under Code of Civil Procedure section 526a,
1
certain individuals and
corporations also have a right to pursue legal actions enjoining wasteful or illegal
expenditures by government entities. Whether someone can us... More...
   $0 (06-11-2017 - CA)

STATE OF KANSAS v. DAVID MARTINEZ MORENO

In September 2014, Moreno pled no contest to one count of possession of methamphetamine and one count of driving with a suspended license. At sentencing, the district court granted Moreno's request for a downward dispositional departure, meaning the court agreed to place him on probation instead of sending him to prison. Accordingly, the court sentenced Moreno to 18 months' probation, but if he fa... More...   $0 (06-10-2017 - KS)

STATE OF KANSAS v. CHRISTOPHER M. MCGUIRE

In 2009, Christopher M. McGuire pleaded guilty to two counts of felony aggravated battery in case 09 CR 1935. The assistant district attorney who prosecuted him was S.W., who is also the victim in this case. The district court granted a defense motion for dispositional departure and sentenced McGuire to probation. In 2010, McGuire admitted to having violated his probation and was sent to Larned St... More...   $0 (06-10-2017 - KS)

STATE OF KANSAS v. BASIL SCOTT MCNELLY Sex Offender

On October 6, 2014, McNelly was charged in a seven count complaint or information. That complaint or information was amended on April 6, 2015, and again on July 10, 2015. In its final form, the complaint or information contained 16 counts—one count of rape; eight counts of aggravated indecent liberties with a child; two counts of aggravated criminal sodomy; three counts of aggravated indecent soli... More...   $0 (06-10-2017 - KS)

STATE OF KANSAS v. SCOT E. BACON II Commercial sexual exploitation of a child

The State charged Scot E. Bacon II with two counts of commercial sexual exploitation of a child. Following a jury trial, Bacon was found guilty of one count but acquitted of the other. Bacon raises eight issues in his direct appeal: (1) that his statutory speedy trial rights were violated; (2) that the trial court erred by allowing the State to amend its complaint; (3) that the trial court erred b... More...   $0 (06-10-2017 - KS)

United States of America v. Jason Michael Hayden Federal Courthouse - Gulfport, Mississippi

Gulfport, MS - Felon Pleads Guilty to Possession of Firearm

Jason Michael Hayden, 37, of Picayune, entered a guilty plea before U.S. District Judge Sul Ozerden on June 8, 2017, to possession of a firearm by a convicted felon, announced Acting U. S. Attorney Harold Brittain.

Hayden faces a maximum penalty of 10 years in prison and a $250,000 fine.

The case was investigate... More...
   $0 (06-09-2017 - MS)

STATE OF KANSAS v. BERNIE JUNIOR CANTU

Because this appeal involves Cantu's challenge to revocation of his probation in two different cases, we find it helpful to set forth the intertwined procedural history of both cases in table form instead of the more traditional narrative form. At the August 20, 2015, hearing, the State called Carlos Murillo, Cantu's Intensive Supervision Officer (ISO), and Kathy Frick, Cantu's outpatient treatmen... More...   $0 (06-09-2017 - KS)

STATE OF KANSAS v. ALAN KINGSLEY

A jury convicted Kingsley of four 1991 crimes: first-degree murder on the alternative theories of both premeditated and felony murder, aggravated robbery, aggravated arson, and forgery. As part of the proceedings, the jury found three aggravating circumstances: (1) Kingsley committed the crime for pecuniary gain; (2) he committed the crime to avoid or prevent arrest or prosecution; and (3) he co... More...   $0 (06-09-2017 - KS)

STATE OF NEBRASKA V. LEANGELO COOK

At approximately 2:48 a.m. on April 13, 2014, 911 dispatch received a call from a man named Jeremy who stated that he was being followed by a black SUV and the occupants of the SUV were waving a handgun at him. Jeremy reported that he was driving a green Ford Expedition
- 2 -
and was northbound on 24th Street. He then provided an update to dispatch that he was westbound at 30th Street an... More...
   $0 (06-09-2017 - NE)

STATE OF SOUTH DAKOTA vs. SHELLY D. STANLEY South Dakota Supreme Court

On August 3, 2015, the Sturgis Motorcycle Rally was underway in Sturgis, South Dakota. Shortly before 1:00 a.m., Sturgis Police Officers Mike Varilek and Tom Strickland (collectively, “the Officers”) received a report from another police officer that a male and female had entered a single-occupancy, portable toilet located in the middle of 2nd Street. Officer Varilek testified that such an event... More...   $0 (06-09-2017 - SD)

United States of America v. Julio Ivan Cartagena, Jr. Federal Courthouse - Chicago, Illinois

Chicago, IL - East Chicago Man Sentenced for Gang-Related Shooting

An East Chicago, Indiana man was sentenced to 10 years in prison on a firearms charge related to the activity of a street gang known as the Two Six Nation.

Julio Ivan Cartagena Jr, 22, pleaded guilty on March 22, to Use of a Firearm During and in Relation to a Crime of Violence for his role in a car chase and sho... More...
   $0 (06-08-2017 - IN)

State of North Dakota v. Harold Dean Shick

On May 23, 2015, Skyler Seimears and Rusian Volochanskiy went to Shick's residence with a trailer to retrieve furniture and other equipment that belonged to Aster Electric. At that time, Seimears and Volochanskiy were employees of Aster Electric. Seimears and Volochanskiy drove a company truck to Shick's residence. Shick was home when Seimears and Volochanskiy arrived at his residence. According t... More...   $0 (06-08-2017 - ND)

STATE OF MONTANA v. JEFFREY BRUCE LACKMAN

Partelow and Lackman got in a fight when Lackman went to Partelow’s home to
pick up some personal belongings. Partelow punched Lackman two or three times before
Lackman pulled out his gun and shot him. Lackman fled the scene with his girlfriend and
another friend, Juan Jose Romero. Lackman wiped the gun down and Romero hid the gun
north of Butte. Everyone involved had been... More...
   $0 (06-08-2017 - MT)

Cherrity Weatherford v. City of San Rafael

In California, concerns about improper government expenditures can give
rise to more than just criticism in the public sphere or complaints to elected
officials. Under Code of Civil Procedure section 526a,
1
certain individuals and
corporations also have a right to pursue legal actions enjoining wasteful or illegal
expenditures by government entities. Whether someone can us... More...
   $0 (06-08-2017 - CA)

Erik Garcia v. John M. Harding and Jane E. Harding-Aguirre, Individually and as Heirs of Mildred Harding, deceased

This appeal raises the question of whether a trial court can, without some type of proper notice, issue a judgment to enforce a “Rule 11” agreement which settles a case. Under the facts presented here, we conclude that a trial court cannot issue do so and reverse and remand the case for further proceedings.
FACTUAL AND PROCEDURAL SUMMARY
John and Jane Harding, individually and on behalf of... More...
   $0 (06-07-2017 - TX)

Safe Streets Alliance v. John W. Hickenlooper Tenth Circuit Court of Appeals - Denver, Colorado

These three appeals arise from two cases that concern the passage,
implementation, and alleged effects of Amendment 64 to the Colorado Constitution,
Colo. Const. art. XVIII, § 16. Amendment 64 repealed many of the State’s criminal and
civil proscriptions on “recreational marijuana,”1 and created a regulatory regime designed
to ensure that marijuana is unadulterated and taxed, and t... More...
   $0 (06-07-2017 - CO)

United States of America v. Joseph Valerio Federal Courthouse - New York, New York

Central Islip, NY - Ameet B. Kabrawala and Allen L. Bode

Joseph Valerio, of Smithtown, New York, was sentenced at the federal courthouse in Central Islip, to 60 years’ imprisonment for the production, transportation, receipt and possession of child pornography. The sentencing proceeding was held before United States District Judge Joseph F. Bianco, who also ordered Valerio to serve a lif... More...
   $0 (06-07-2017 - )

Ignacio Ray Rael v. The People of the State of Colorado Judge sentences Cortez man to maximum term

In October 2008, a man found his mother dead in the bedroom of her apartment.
She had been beaten to death. No one had seen or heard the attack, but witness
statements and physical evidence gathered in the ensuing investigation implicated Rael,
who had been the victim’s boyfriend. The People eventually charged him with
first-degree murder after deliberation. Rael pleaded no... More...
   $0 (06-07-2017 - co)

United States of America v. Michael Wood and Mary Wood

Newark, NJ - Husband and Wife Convicted for Roles in Alien Harboring Scheme Involving Labor Exploitation of Domestic Servant

On June 6, 2017, a federal jury in Camden, New Jersey, convicted defendants Michael Wood, 53, and Mary Wood, 45, of Mullica Hill, New Jersey, on charges arising from a scheme to smuggle a young Kenyan woman into the United States and harbor and exploit her for domes... More...
   $0 (06-07-2017 - NJ)

Parish Ramon Carter v. The People of the State of Colorado Parish Carter Linked To Javad Marshall-Fields, Vivian Wolfe Killing

Parish Carter was charged with two counts of first degree murder, bribing a
witness, conspiracy to commit first degree murder, intimidation of a witness, and
unlawful distribution of a controlled substance, all in connection with the drive-by
shooting deaths of Javad Marshall-Fields and his fiancée Vivian Wolfe, the week before
Marshall-Fields was to testify in a prosecution of... More...
   $0 (06-07-2017 - CO)

The People of the State of Colorado v. Priscilla Ann Rock Supreme Court of the State of Colorado

Priscilla Rock was charged with one count of second degree burglary, as
proscribed at section 18-4-203(1), C.R.S. (2016), and one count of theft, as proscribed at
section 18-4-401(1)(a), C.R.S. (2016), both arising from the same incident.1 She was
convicted on both counts and sentenced to concurrent two-year terms of probation.
¶4 The evidence at trial indicated that at some p... More...
   $0 (06-07-2017 - CO)

United States of America v. Brett J. Williamson

Brett Williamson was charged with and convicted of various child
pornography offenses. Prior to trial, it came to light that his defense counsel and
the prosecutor trying the case had a history together: they were divorced and
shared custody of their child. For that and numerous other reasons, Williamson
asked for new counsel, his third, but the district court denied his request. H... More...
   $0 (06-07-2017 - KS)

UNITED STATES OF AMERICA — v. — ROSS WILLIAM ULBRICHT, a/k/a DREAD PIRATE ROBERTS, a/k/a SILK ROAD, a/k/a SEALED DEFENDANT 1, a/k/a DPR Judges Question Ross Ulbricht’s Life Sentence in Silk Road Appeal

In February 2015, a jury convicted Ross William Ulbricht on seven counts
arising from his creation and operation of Silk Road under the username Dread
Pirate Roberts (“DPR”).1 Silk Road was a massive, anonymous criminal marketplace that operated using the Tor Network, which renders Internet traffic
through the Tor browser extremely difficult to trace.2 Silk Road users principally
b... More...
   $0 (06-06-2017 - NY)

UNITED STATES OF AMERICA - v. - DAVID DELVA, a/k/a Sealed Defendant 4

The present prosecution of Delva had its origin in the kidnapping and robbery of a2
woman and a man in the Bronx, New York, which began on Labor Day weekend in 2012. Those3
crimes were investigated by a joint task force of Federal Bureau of Investigation ("FBI") agents and4
New York City Police Department ("NYPD") detectives and officers (collectively or in combination,5
the "Offi... More...
   $0 (06-06-2017 - NY)

UNITED STATES OF AMERICA v. JOHNATHAN DELAURA, AKA Jon Dulak Yorktown sex offender sentenced to maximum in Putnam

In 2011 and 2012, DeLaura shared and downloaded violent child
pornography; he tricked two teenagers into sending him nude photos of
themselves and threatened to make the photos public if they refused to meet him
4
for sex; and he sexually abused one of them. Federal agents detected his child
pornography on a peer-to-peer site, and, at about the same time, the two
teenagers... More...
   $0 (06-06-2017 - NY)

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