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Malicious Prosecution Law
Roger Fountain v. The State of Texas

On July 9, 2011, Fountain and his family hosted a birthday party for
Fountain’s daughter at Hawaiian Falls waterpark in The Colony. Evan Barnett,
the regional manager of Hawaiian Falls, testified that near the end of the day on
July 9, 2011, a “guest concern” was brought to his attention: a guest was
treating a Hawaiian Falls “birthday host” in a derogatory manner. Barnett <... More...
   $0 (07-31-2016 - TX)

Arnold Ray Lamotte v. The State of Texas

Appellant Arnold Ray Lamotte, Jr., was charged with theft-by-check in the
amount of $20 or more but less than $500, a Class B misdemeanor.1 A jury found
Lamotte guilty and assessed his punishment at 180 days in jail and a $2,000 fine.
On appeal, Lamotte contends in nine issues that (1) insufficient evidence supports
his conviction, (2) the trial court erroneously instructed t... More...
   $0 (07-30-2016 - TX)

United States of America v. Martin Ray Lewis

Anchorage, AK - Anchorage Man Sentenced to 96 Months in Prison for Role in Drug Trafficking Conspiracy and Felon in Possession of Firearms

Martin Ray Lewis, 49, of Anchorage, was sentenced to serve 96 months in prison for his role in a drug trafficking and money laundering conspiracy, followed by five years of supervised release. Lewis was also sentenced to 70 months in prison for being... More...
   $0 (07-29-2016 - AK)


This case comes before us after the United States Supreme Court vacated our decision in State v. Cheever, 295 Kan. 229, 284 P.3d 1007 (2012), vacated and remanded 571 U.S. ___, 134 S. Ct. 596, 187 L. Ed. 2d 519 (2013), and remanded for further proceedings.

In our decision, we had held that defendant Scott D. Cheever did not waive his privilege against self-incrimination under the Fi... More...
   $0 (07-29-2016 - KS)

Josip Milos - Registered Sex Offender State of Nebraska v. Josip Milos

On March 17, 2014, at some point after 9 p.m., three law enforcement officers in plain clothes and an undercover vehicle were in the area of a carwash that was known for drug transactions. They were not investigating any report of criminal activity at that time, but, rather, were patrolling usual spots where drug transactions had occurred in the past. The officers turned into the carwash and obser... More...   $0 (07-29-2016 - NE)


Minnehaha County Deputy Sheriff Adam Zishka arrested Emily Lou
Smith on September 30, 2014. She was later indicted for several offenses, including
three counts of simple assault against a law enforcement officer. In October 2014,
Smith served a subpoena duces tecum on Minnehaha County Sheriff Mike Milstead
requesting production of “[a]ll disciplinary records/reprimands/compla... More...
   $0 (07-29-2016 - SD)


On April 30, 2014, Minnehaha County Detectives Joe Bosman, Craig
Butler, and Ryan Qualseth arrested Joseph Patrick Johnson on a misdemeanor
child-support warrant. He was later indicted for several offenses, including two
counts of simple assault against a law enforcement officer (Detective Qualseth).
Detective Qualseth was the only detective involved in the physical altercati... More...
   $0 (07-29-2016 - SD)

United States of America v. Richard Anthony Root

Richard Anthony Root, 52, of Granger, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on July 22, 2016, for being a felon in possession of a firearm. Root was arrested in Granger, Wyoming. He received 38 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Sweetwater... More...   $0 (07-28-2016 - WY)

State of North Dakota v. Karl Horning

The State moved under N.D.C.C. §§ 29-31.1-08, 09 for Karl Horning to forfeit $16,420 seized in a traffic stop. The State filed the motion to forfeit before trial but the district court did not rule on it at that time. At trial the jury found Horning guilty of possession of marijuana, possession of marijuana paraphernalia and possession of methamphetamine paraphernalia, but not guilty of possession... More...   $16420 (07-28-2016 - ND)

State of North Dakota v. Curtis Vernon Francis

Francis and another man, Michael Dax, were collecting signatures near the Jamestown Civic Center, a designated polling place, on voting day. They were doing so in an effort to get an initiated measure regarding environmental concerns placed on the next ballot. While they were collecting signatures, it began to rain. They moved under a canopy covering an entrance to the polling place. They continue... More...   $0 (07-28-2016 - ND)

Douglas Craig Lemley v. The State of Wyoming

On December 17, 2014, a housekeeper employed by the Holiday Inn of Cheyenne1 called the front desk to report that a man was harassing the hotel staff on the fifth floor. The housekeeper believed he was in Room 527. Front desk employees reviewed their records and found that Room 527 was registered to a woman who appeared to have already checked out. The hotel’s branch office manager called Room 52... More...   $0 (07-28-2016 - WY)


The record discloses the following facts and procedural
history. The prosecutor called the victim, D.H., and several
other witnesses to testify in its case. Defendant did not
present any witnesses and he did not testify on his own behalf.
In 2006, defendant was a tennis instructor at the Murray
Hill Health and Racquet Club (MHHRC). He taught group tennis
classes f... More...
   $0 (07-27-2016 - NJ)

Malcolm Jamal Husband a/k/a Malcolm Husband a/k/a Jamal Husband v. State of Mississippi

On November 14, 2013, Husband and his twelve-year-old stepson, Tylen Peters,
visited Husband’s elderly aunt and uncle, the McGowans, at their duplex apartment in
Columbia, Mississippi. The McGowans’ neighbors, Phylicia Stokes and Forester Crenshaw,
were sitting outside on the shared porch, celebrating Crenshaw’s birthday with a cookout and
drinks. Stokes lived at the duplex with ... More...
   $0 (07-27-2016 - MS)

United States of America v. Matthew Martinez

Albuquerque, NM - Espanola Man Sentenced to Prison for Violating Federal Narcotics Trafficking Laws

Matthew Martinez, 38, of Espanola, N.M., was sentenced to 70 months in prison followed by three years of supervised release for his conviction on a heroin trafficking charge. Martinez also was ordered to pay $500 in community restitution and to pay a $2,000 money judgment to the United St... More...
   $0 (07-26-2016 - NM)

United States of America v. Ruben Cantu

Las Crucez, NM - Felon from Hobbs Sentenced to 100 Months for Unlawfully Possessing Firearm and Ammunition

Ruben Cantu, 43, of Hobbs, N.M., was sentenced to 100 months in prison for being a felon in possession of a firearm and ammunition. He will be on supervised release for two years after completing his prison sentence.

U.S. Attorney Damon P. Martinez said that Cantu, who has ... More...
   $0 (07-26-2016 - NM)

Richard White a/k/a Toney Buck a/k/a Richard Delaine White v. State of Mississippi

[Newell and Johanna Inman lived] in Lambert, Mississippi, . . . in Quitman County. On Sunday, January 29, 2012, Newell and Johanna drove to Okolona, Mississippi, to visit a sick relative in the hospital. It was dark when they arrived home a little after 7 p.m. Newell was driving, and Johanna was in the front passenger’s seat. As they approached their home, Newell and Johanna both noticed that a... More...   $0 (07-26-2016 - MS)

United States of America v. Veronica Cantu

Boise, ID - Nampa Woman Sentenced for Selling Methamphetamine

Veronica Cantu, 27, of Nampa, Idaho, was sentenced for distributing methamphetamine. Chief U.S. District Judge B. Lynn Winmill sentenced Cantu to 38 months in prison and three years of supervised release.

According to the plea agreement, the co-defendant, Tara Rivera, 30, of Nampa, Idaho, arranged to distribute meth... More...
   $0 (07-25-2016 - ID)

United States of America v. Domingo Valdovinos a/k/a Junior

Spokane, WA - Pasco Man Sentenced to Life Imprisonment following Jury Conviction for Murder in Connection with a Drug Trafficking Crime

Domingo Valdovinos (a.k.a. Junior), age 28, of Pasco, Washington, was sentenced to a life term in federal prison after a jury found him guilty of murder in connection with a drug-trafficking conspiracy. Senior United States District Judge W. Fremming Niel... More...
   $0 (07-25-2016 - WA)

State of Tennessee v. David Leo Pipes

This appeal stems from the theft of a diamond ring. The defendant was charged with one count of theft of property over $1000 but less than $10,000, a Class D felony. Following trial, a jury found the defendant guilty. Based on two prior felony convictions, the trial court sentenced the defendant as a Range II, multiple offender, to six years with a
thirty-five percent release classification. ... More...
   $0 (07-25-2016 - TN)

State of Tennessee v. Jason Gonzalez

The chain of events giving rise to this appeal began on March 24, 2013, with the defendant‟s warrantless arrest on charges of driving under the influence (“DUI”), possession of drug paraphernalia, failure to comply with the financial responsibility law, illegal lane change, and improper use of automobile registration papers. The affidavit of complaint document shows that Sullivan County She... More...   $0 (07-25-2016 - TN)

State of Tennessee v. Aaron Reinsburg

The victim testified that on January 19, 2013, at approximately 10:00 p.m., she drove her friend to Beale Street to celebrate her friend‟s twenty-first birthday. While the victim was stopped at a traffic light, she saw Defendant, who was a police officer. She asked Defendant if Sammie Wicks, another police officer with whom the victim was
friends, was working that night. The victim a... More...
   $0 (07-25-2016 - TN)

Arthur Ray Turner v. State of Tennessee

A Davidson County Criminal Court jury convicted the petitioner of especially aggravated kidnapping, aggravated robbery, four counts of aggravated rape, and one count of attempted aggravated rape, and the trial court imposed a 70-year sentence. This court affirmed the convictions on direct appeal but remanded the case to modify the especially aggravated kidnapping conviction to reflect the appropr... More...   $0 (07-25-2016 - TN)


In the early morning hours on February 2, 2009, appellant, accompanied
by two women, went to a known drug house. Shortly thereafter, Jecedric Bell
and Alex Howard arrived, and Howard sold cocaine to the women. Appellant
became extremely angry with Howard, apparently because he did not believe
Howard should have been selling drugs in someone else’s drug house.
Appellant repea... More...
   $0 (07-25-2016 - GA)

United States of America v. Christian Lancaster

Oakland, CA - Former San Francisco Unified School District Teacher Charged With Possession Of Child Pornography

Christian Lancaster appeared in court today and was arraigned on charges he possessed child pornography, announced United States Attorney Brian Stretch and Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin... More...
   $0 (07-24-2016 - CA)

David Anthony Jordan v. State of Indiana

The relevant procedural facts follow. On August 14, 2001, the State charged
Jordan with: Count I, Class B felony burglary; Count II, Class C felony
stalking; Count III, Class B misdemeanor invasion of privacy; and Count IV,
Class B misdemeanor criminal mischief. The cause was assigned to Circuit
Court #3 and the Honorable Thomas Newman, Jr. (“Judge Newman”).
[4] On Ja... More...
   $0 (07-23-2016 - IN)

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