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Native American Law
 
STATE OF KANSAS v. DAVID DARREL WILLIAMS

About dusk on September 13, 2012, KBI Special Agent Michael Lind met with a confidential informant to set up a purchase of methamphetamine from Williams. The informant arranged a meeting with Williams during a telephone call in which Williams gave the informant directions to his location. After the call, Lind drove with the informant to meet Williams.

As Lind and the informant reached ... More...
   $0 (04-24-2017 - KS)

JUAN DAVID RODRIGUEZ vs. STATE OF FLORIDA

The instant case is Juan David Rodriguez’s second successive
postconviction appeal. “Juan David Rodriguez was convicted of first-degree
murder, armed robbery, conspiracy to commit a felony, attempted armed robbery,
armed burglary with an assault, aggravated assault, and attempted first-degree


- 2 -
murder.” Rodriguez v. State (Rodriguez I), 609 So. 2d 493, 49... More...
   $0 (04-23-2017 - FL)

Nautilus, Inc. v. Chao Chen Yang

INTRODUCTION
Nautilus, Inc. (Nautilus), obtained a judgment against Stanley Kuo Hua
Yang, and recorded an abstract of judgment against real property on which Stanley and
his brother, Peter Chun Hua Yang, held title.1
Stanley and Peter transferred title on the
property to their father, Chao Chen Yang, who obtained a reverse mortgage loan on the
property from Security One Le... More...
   $0 (04-22-2017 - )

JAMES E. WRIGHT, JR. vs. STATE OF IOWA Judge Overturns Murder Conviction in 2000 Iowa Pub Shooting

In State v. Heemstra, 721 N.W.2d 549, 558 (Iowa 2006), the supreme
court held willful injury cannot serve as the predicate felony for felony murder “if
the act causing willful injury is the same act that causes the victim’s death.” The
court limited application of this new rule “only to the present case and those
cases not finally resolved on direct appeal in which the issue h... More...
   $0 (04-21-2017 - IA)

Citizens For Beach Rights v. City of San Diego

In 2006, the City of San Diego (City) obtained a Site Development Permit (SDP)
to construct a new lifeguard station on Mission Beach. The SDP stated that failure to
2
utilize the permit within 36 months of its issuance would automatically void the permit.
Over the ensuing years, the City worked to secure a permit from the California Coastal
Commission (Commission) and to obtai... More...
   $0 (04-21-2017 - )

STATE OF LOUISIANA V. MARLON FRANK THOMAS

On October 18, 2011, two masked men entered the Lake Charles, Louisiana, apartment of the victim, Bradford Jacobs, demanding money. A fight ensued, and the victim was shot in the back. The victim survived but was unable to identify the perpetrators.1 DNA evidence retrieved from a glove found at the scene linked Defendant to the crime.
PROCEDURAL HISTORY
Defendant was charged by grand jury ... More...
   $0 (04-20-2017 - LA)

STATE OF LOUISIANA V. JOSHUA X. GRIFFIN

Around 9:00 p.m. on April 13, 2011, Andre Porter (Porter), Dontrez Banks (Banks), and Defendant met at Paul’s Truck Stop in Leesville, Louisiana. Sometime around then, the three men discussed going to Perry’s residence north of Rosepine initially for the purpose of stealing some marijuana. All three men then proceeded down Highway 171 (Hwy 171) towards Perry’s residence in Porter’s vehicle. At som... More...   $0 (04-20-2017 - LA)

United States of America v. Robert S. Rosebrock Federal Courthouse - Los Angeles

Los Angeles, CA - Army Vet Found Not Guilty On Federal Misdemeanor Charge

The United States of America charged Robert S. Rosbrock with hanging an American flag on the fence of a VA facility in Los Angeles.

A VA statute bans people from posting “placards” or other materials on a VA property, except when authorized by the head of the facility.

Rosebrock served in the Army... More...
   $0 (04-20-2017 - LA)

United States of America v. Marlin Caceres-Guerrero Federal Courthouse - New Orleans, Louisiana

New Orleans, LA - Honduran National Pleads Guilty to Illegal Reentry

Marlin Caceres-Guerrero, age 26, a native of Honduras, pled guilty to a one-count Indictment charging him with illegal entry of a removed alien.

According to the court documents, CACERES-GUERRERO was previously removed from the United States on May 3, 2013. He was later found in the Eastern District of Louisiana... More...
   $0 (04-20-2017 - LA)

UNITED STATES OF AMERICA, Appellee, v. WILFREDO RODRÍGUEZ-ROSADO, a/k/a La Gorda, a/k/a Mogoyo, a/k/a Pitin, a/k/a Mogo United States Court of Appeals For the First Circuit

In May 2010, Rodríguez pled guilty to participating in
a conspiracy to possess with intent to distribute between fifteen
and fifty kilograms of cocaine. See 21 U.S.C. §§ 841(a)(1),
841(b)(1)(A)(ii), 846. Rodríguez, who was an American Airlines
employee at the time, utilized commercial flights to transport
large amounts of cocaine from Puerto Rico to the continental Unite... More...
   $0 (04-19-2017 - PR)

McDermott Will & Emery, LLP v. Richard P. Hausman, Sr.

In this original proceeding, we consider several issues relating to a
confidential attorney-client communication, including (1) whether the client waived the
attorney-client privilege by disclosing the communication to third parties, and
(2) whether the trial court erred in disqualifying the law firm that represented one of
those third parties because its attorneys failed to notify... More...
   $0 (04-19-2017 - )

San Angelo Community Medical Center v. Kelly Nelson San Angelo Community Medical Center

Nelson sued SACMC contending that an ultrasound technician inappropriately
exposed and touched her during an ultrasound examination of her lower extremities. To support her
negligence claims against SACMC and to satisfy Chapter 74’s expert-report requirement, Nelson 2
submitted reports from a hospital administrator and a psychiatrist. SACMC filed objections to
Nelson’s expert rep... More...
   $0 (04-18-2017 - TX)

United States of America v. Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza, Inc., and AEP Properties, L.L.C. Federal Courthouse - Lincoln, Nebraska

Lincoln, NE - Lincoln Mother and Son Convicted of Conspiracy to Distribute Misbranded Substances, Drug Paraphernalia, and Related Financial Crimes

Allen E. Peithman, Jr., Sharon A. Elder, and their corporations, Cornerstone Plaza, Inc., and AEP Properties, L.L.C., were each convicted of at least one crime after a three-week-long jury trial. Peithman, his mother, Elder, and their respectiv... More...
   $0 (04-18-2017 - NE)

United States of America v. Eric M. Galanti Federal Courthouse - Seattle, Washington

Seattle, WA - Former Seattle Bar Owner Sentenced to Prison for Tax Evasion

Failed to File Personal or Business Tax Returns for Six Years While Enjoying Lavish Lifestyle

The former owner of three bars and restaurants in the Seattle area was sentenced to eight months in prison, one year of supervised release and $800,000 in restitution for multiple misdemeanor counts of failing to ... More...
   $0 (04-17-2017 - WA)

United States of America v. Petter Magnus Karlsson Federal Courthouse - Dan Diego, California

San Diego, CA - International Businessman Pleads Guilty to Financing Racketeering Enterprise in San Diego Card Room

Swedish businessman Petter Magnus Karlsson, who had recently been living in Asia, pleaded guilty to engaging in an international racketeering conspiracy that used the Lucky Lady Casino and Card Room in El Cajon as a legitimate front for illegal sports bookmaking and related ... More...
   $0 (04-17-2017 - CA)

STATE OF MONTANA v. RYLAN TALKSABOUT

In August 2013, the State filed an information in the District Court charging
Talksabout with one count of sexual intercourse without consent. The State filed
the information directly in the District Court pursuant to § 41-5-206(2), MCA, because
of the nature of the charge and because Talksabout was seventeen when the offense
occurred. The charge arose out of Talksabout’s non-c... More...
   $0 (04-16-2017 - MT)

UNITED STATES OF AMERICA v. JONATHAN JAVIER CARMONA, a/k/a Samuel Carrasquillo Rodriguez

We recount only the background necessary to understand
the issues, drawing the facts from the Presentence Investigation
Report ("PSR") and the transcript of the sentencing hearing. See
United States v. King, 741 F.3d 305, 306 (1st Cir. 2014).
Carmona, a native and citizen of the Dominican Republic,
was convicted twice in Massachusetts courts on drug-trafficking
charg... More...
   $0 (04-16-2017 - MA)

STATE OF NEW JERSEY v. KASSEY BENJAMIN

We must determine whether a defendant seeking a waiver of
the mandatory minimum sentence under the Graves Act is entitled
to discovery of the prosecutor’s files from cases in which other
defendants were granted waivers of the mandatory minimum
penalty.
The Graves Act prescribes a minimum term of incarceration
for certain firearm-related offenses. For some first-time ... More...
   $0 (04-15-2017 - NJ)

Michael J. Sumrall v. Modern Alloys, Inc.

I
INTRODUCTION
“In general, an employee is not acting within the scope of employment
while travelling to and from the workplace. But if the employee, while commuting, is on
an errand for the employer, then the employee’s conduct is within the scope of his or her
employment from the time the employee starts on the errand . . . .” (CACI No. 3724 [The
Going-and-Coming Rule—Bus... More...
   $0 (04-15-2017 - )

United State of America v. Jeffrey Allen Stevens Federal Courthouse - Tulsa, Oklahoma

Tulsa, OK - Man Sentenced to One Year and One Day For Making Death Threats

The United States of American charged Jeffrey Allen Stevens, age 59, of East Lymme, Connecticut,De with:

Count: 1-3 Citation: 18:875C.F Offense Level: 4
18:875(c) - INTERSTATE COMMUNICATIONS WITH INTENT TO INJURE
Count: 4-8 Citation: 18:875C.F Offense Level: 4
18:875(c) - ... More...
   $0 (04-14-2017 - OK)

HENRY LEE JONES, JR. vs STATE OF FLORIDA "

The relevant facts on appeal are as follows. During voir dire, Appellant’s attorney sought to question the prospective jurors about their attitudes regarding a black defendant who was accused of murdering a white victim. She began, “[s]o the one thing I didn’t mention, though, the other day was that the alleged victim in the case is—.” She was about to say “white,” but the prosecutor objected t... More...   $0 (04-14-2017 - FL)

STATE OF TENNESSEE v. ALEXANDER JOHNSON AND MICHAEL F. WILLIAMS Estes Kefauver Federal Building - Nashville, Tennessee

On February 12, 2015, the Knox County Grand Jury charged both of the defendants with two counts each of the November 2014 aggravated rape of C.C.1 As is relevant to this appeal, the presentment lists as witnesses C.C., Bridget Boland, and cellular telephone service providers New Cingular Wireless/AT&T Wireless and Sprint/Nextel Communications. Witnesses Anna Lawn and Natalie Tavares were later ad... More...   $0 (04-14-2017 - TN)

Mark Groba v. German American Farm Mutual Insurance Company Harris County Courthouse - Houston, Texas

This is an appeal from a take-nothing judgment in favor of German American Farm Mutual Insurance Company on Mark Groba’s claims for breach of contract, violation of the Deceptive Trade Practices Act, and unfair insurance settlement practices. On appeal, Groba challenges the legal and factual sufficiency
2
of the evidence to support the jury’s verdict that German American did not violate th... More...
   $0 (04-13-2017 - TX)

Eric Bledsoe v. State of Tennessee Sex Offender

On October 8, 2009, the Shelby County Grand Jury indicted the Petitioner of one count of aggravated rape, one count of aggravated burglary, and one count of theft of
04/13/2017
-2
property valued at $1,000 or more but less than $10,000. On April 16, 2012, the Petitioner’s case went to trial, and the jury convicted him as charged. At the subsequent sentencing hearing, the trial court... More...
   $0 (04-13-2017 - TN)

THOMAS v. THE STATE OF GEORGIA NIXON v. THE STATE OF GEORGIA

Appellants Julius Thomas and Desmond Nixon were tried jointly and
convicted of murder and related offenses in connection with a crime spree that
took place over three days in January 2013.1 Both men now appeal, arguing that
the evidence was insufficient to support their convictions and averring claims
of ineffective assistance of counsel. Though we find no merit to the ineffectiv... More...
   $0 (04-13-2017 - GA)

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