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Native American Law
 
PatrIcia Bowers Edwards, individually and as guardian of Robert Drew Bowers v. Don Andrews, District Judge

Guardian of her disabled adult son petitions this Court to assume original jurisdiction and issue a writ prohibiting the trial court from exercising jurisdiction over the claims of two discharged domestic workers. Original jurisdiction is assumed. Let the Writ of Prohibition issue, directing Respondent Judge, or any other judge to whom case No. CJ-2014-2718 is assigned, to (1) vacate the Journal ... More...   $0 (10-24-2016 - Ok)

STATE OF KANSAS v. CLAYTON DEION WILMER

Following a preliminary hearing, Wilmer was bound over on charges of attempted first-degree murder, aggravated assault with a deadly weapon, child endangerment, and being a felon in possession of a firearm. All charges arose out of an incident where he allegedly shot Rudy Hall while Hall was a passenger in a car with Cruce, and Cruce and Wilmer's infant daughter. At the hearing, there was testimon... More...   $0 (10-24-2016 - KS)

STATE OF KANSAS v. DOUGLAS S. BELT

Belt's challenges to his convictions based on the sufficiency of the evidence to support them necessitate a thorough review of the grisly evidence in this case. The victim in this case, L.G., was a housekeeper at a Wichita apartment complex. She and her live-in boyfriend, Chris Branch, were acquainted with Belt as former neighbors. On the morning of June 25, 2002, a manager at the complex w... More...   $0 (10-23-2016 - KS)

CALPORTLAND COMPANY, INC. v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

“Congress adopted the Mine Act ‘to protect the health and safety of the Nation’s . . . miners,’” Thunder Basin Coal Co. v. Reich, 510 U.S. 200, 202 (1994) (quoting 30 U.S.C. § 801(g)), by “strengthen[ing] and streamlin[ing] health and safety enforcement requirements” at the Nation’s mines, id. at 211. To accomplish its goals, the Mine Act “charges two separate agencies with complementary policyma... More...   $0 (10-23-2016 - DC)

SUSANNE L. KUHAJDA vs. BORDEN DAIRY COMPANY OF ALABAMA INC., et al.,

In the case on review, Susanne L. Kuhajda served Borden Dairy Company
of Alabama, LLC, and Major O. Greenrock with identical offers of judgment
specifying that the offers included costs, interest, and all damages or monies
recoverable under the complaint and by law. Borden Dairy, 171 So. 3d at 242-43.
Ultimately, Kuhajda prevailed on her negligence claim against Borden Dairy ... More...
   $0 (10-21-2016 - FL)

STATE OF FLORIDA vs. JACOB JOHN DOUGAN, JR.

After a lengthy evidentiary hearing, the postconviction court, in a detailed,
239-page order, concluded that the murder conviction and sentence of death should
be vacated and a new trial granted on multiple grounds. A key finding was that the
State not only failed to disclose the full extent of its plea deal with William Hearn,
the State’s only eyewitness to the murder, but al... More...
   $0 (10-21-2016 - FL)

State of Minnesota v. David Lee Haywood

This case presents the question of whether an air-powered BB gun is a “firearm”
under the felon-in-possession statute, Minn. Stat. § 609.165 (2014). The State charged
appellant David Haywood with one count of Possession of a Firearm by an Ineligible
Person under Minn. Stat. § 609.165, subd. 1b. Haywood filed two motions to dismiss. In
the first motion, Haywood argued that th... More...
   $0 (10-20-2016 - MN)

United States of America v. Patrick Shawn Kelley

Panama City, FL - Construction Company Partner Pleads Guilty to Evading Taxes on More Than $1 Million

Patrick Shawn Kelley, 54, of Panama City Beach, has pled guilty to two counts of tax evasion.

Between 2009 and 2011, Kelley was a partner in American Construction Logistics and Services (ACLS), a construction company that performed work for the U.S. Government in Afghanistan. D... More...
   $0 (10-18-2016 - FL)

STATE OF KANSAS v. DEBRA LEA DAVENPORT

We begin with our standard of review. This court applies a bifurcated standard of review to a district court's ruling on a suppression motion. Factual findings are reviewed for substantial competent evidence. State v. Brittingham, 296 Kan. 597, 601, 294 P.3d 263 (2013). Substantial competent evidence is evidence a reasonable person might accept as sufficient to support a conclusion. State v. Jolly... More...   $0 (10-18-2016 - KS)

TIMOTHY LEE HURST v. STATE OF FLORIDA

The background and facts of this case were reiterated in our decision in
Hurst v. State in pertinent part as follows:
Hurst was convicted for the May 2, 1998, first-degree murder of Cynthia Harrison in a robbery at the Popeye’s restaurant where Hurst was employed in Escambia County, Florida. The victim, also an employee, had been bound and gagged and repeatedly cut and stabbed with a we... More...
   $0 (10-17-2016 - FL)

David Lynn Jordan v. State of Tennessee

The petitioner‟s convictions arose from a shooting on January 11, 2005, at the Tennessee Department of Transportation (TDOT) facility in Jackson, Tennessee, where the petitioner killed three people: Renee Jordan, his thirty-one-year-old wife who was employed at TDOT; Jerry Hopper, an employee of the Tennessee Division of Forestry who was at the TDOT office; and David Gordon, a motorist the ... More...   $0 (10-16-2016 - TN)

United States of America v. Ronald Jerome Boyd

Los Angeles, CA - Former Chief of Los Angeles Port Police Sentenced to Two Years in Federal Prison for False Statement and Tax Evasion Charges Related to Corruption Case

The former Port of Los Angeles Chief of Police was sentenced to two years in federal prison for tax evasion and for lying to FBI Agents who were investigating his acceptance of a bribe in connection with the development o... More...
   $0 (10-16-2016 - CA)

JOSEPH M. DOBBINS V. COMMONWEALTH OF KENTUCKY

The following facts are not in dispute. In April 2012, Dobbins traveled
with his then-girlfriend Edie Gray (Gray) from their home in Braxton County,
West Virginia, to Caldwell County, Kentucky, to attend the funeral of Gray's
grandmother. The day after the funeral, Dobbins and Gray went to the house
of the victim, Jane,' who was eleven years old at the time
While at Jane's... More...
   $0 (10-15-2016 - KY)

COMMONWEALTH OF KENTUCKY v. MOHAMUD ABUKAR

According to the evidence presented at trial, the victim and her boyfriend
left a Newport, Kentucky, nightclub under the influence of alcohol, and entered
a taxi where they passed out before telling the driver where to take them.
Several hours later, the victim awakened in the cab to find the taxi driver
forcibly raping her. As she awakened, the driver immediately got off of he... More...
   $0 (10-15-2016 - KY)

 State of Minnesota vs. Ryan Mark Thompson

The question presented in this case is whether Minn. Stat. § 169A.20, subd. 2 (2014)
(“test refusal statute”), is constitutional as applied to respondent Ryan Mark Thompson.
After Thompson was arrested on suspicion of driving while impaired and refused
warrantless blood and urine tests, he was charged with and convicted of test refusal.
3
Thompson moved to dismiss the t... More...
   $0 (10-14-2016 - MN)

JACK MAXAM vs. AMERICAN FAMILY MUTUAL INSURANCE COMPANY

The facts are undisputed. American Family issued a motor vehicle insurance policy to
Maxam for his 2000 Chevrolet Cavalier Z24, which included UIM coverage. While driving a
different vehicle that he owned, a 2003 Chevrolet Astro, Maxam was rear-ended. He settled for
the other driver’s policy limit and submitted a claim to American Family for UIM benefits under
the policy for hi... More...
   $0 (10-13-2016 - MO)

United States of America v. KTX Limited and KTX Properties, Inc.

Beaumont, TX - FOUR TEXAS COMPANIES AGREE TO PAY $3.5 MILLION FOR CRIMINAL VIOLATIONS OF THE CLEAN AIR ACT AT TWO OIL AND CHEMICAL PROCESSING FACILITIES

Four Texas companies pleaded guilty and agreed to pay a total of $3.5 million dollars for criminal violations of the Clean Air Act at two oil and chemical processing facilities in Texas.



The Information filed in federa... More...
   $3500000 (10-12-2016 - TX)

Larry Joe Jones v. The State of Texas

After Larry Joe Jones’ extremely brief flight from Texas Department of Public Safety
Trooper Kurt Kelm, in his motor vehicle in Brazos County,1 Jones’ vehicle violently collided with
another vehicle occupied by Britt and Shara Watson and the Watsons’ two-year-old child. Later,
after a brief jury trial, Jones was convicted of evading arrest with a vehicle, the offense was
enhan... More...
   $0 (10-12-2016 - TX)

SUPREME COURT OF THE UNITED STATES SHAUN MICHAEL BOSSE v. OKLAHOMA

In Booth v. Maryland, 482 U. S. 496 (1987), this Court held that “the Eighth Amendment prohibits a capital sentencing jury from considering victim impact evidence” that does not “relate directly to the circumstances of the crime.” Id., at 501–502, 507, n. 10. Four years later, in Payne v. Tennessee, 501 U. S. 808 (1991), the Court granted certiorari to reconsider that ban on “‘victim impact’ evide... More...   $0 (10-11-2016 - Ok)

STATE OF KANSAS v. ALICIA D. JACOBS

Claiming there is insufficient evidence to find her guilty, Alicia D. Jacobs asks us to overturn her felony convictions for theft and attempting to elude a police officer. She also contends there was no good reason for the police to stop her van and the subsequent search of her vehicle was illegal. In addition, Jacobs raises claims about the improper admission of some photographs and a pleading er... More...   $0 (10-11-2016 - KS)

United States of America v. Yarann Im, Mark Green, John Pinkham, Thomas Reno, Michael Bryant, Thomas Choi and George Anestis

Portland, ME - Seven Men Plead Guilty for Illegally Harvesting and Selling American Eels

Between the dates of October 4 and October 6, seven individuals pleaded guilty in Federal District Court in Portland, Maine, to trafficking more than $1.9 million worth of juvenile American eels, also known as “elvers,” in violation of the Lacey Act.

Yarann Im, Mark Green, John Pinkham, Thoma... More...
   $0 (10-09-2016 - ME)

LOCH HARBOUR GROUP, INC. v. THE UNITED STATES

In this pre-award bid protest matter, Loch Harbour Group, Inc. protests a decision by the United States Department of Veterans Affairs to award, on a sole-source basis, a contract for certain verification services to GCC Technologies, LLC, upon the grounds that the award violates the Competition in Contracting Act and that GCC is not eligible for award due to an organizational conflict of interest... More...   $0 (10-08-2016 - DC)

Kathy Johnson v. Omega Insurance Company

Section 627.428, Florida Statutes, outlines the provision under which an
insured may recover attorney’s fees incurred as a result of recovering on a valid
claim for insurance benefits. See § 627.428, Fla. Stat. (2015). Today we address
the interpretation of section 627.428, and we begin with a review of the actual text
of the statute:
(1) Upon the rendition of a judgmen... More...
   $0 (10-07-2016 - FL)

Ocoee Utility District Of Bradley And Polk Counties, Tennessee v. The Wildwood Company, Incorporated

Ocoee Utility District of Bradley and Polk Counties, Tennessee (“the Utility”) is a utility district that operates a water and sewer system in Bradley and Polk Counties. The Wildwood Company, Inc. (“Wildwood”) is a private fishing club with eleven memberstockholders. For decades, Wildwood owned about 120 acres of land in Bradley County, which included wetlands, a lake, and a nearby freshwater sp... More...   $0 (10-06-2016 - TN)

COMMONWEALTH vs. JOHN LACOY

We recite the facts as the jury could have
found them, noting facts that are disputed, and reserving
certain details for our analysis of the issues raised on appeal.
The defendant and the victim, Casey Taylor, met in a
homeless shelter. After the defendant found an apartment with
two other men, Taylor stayed with him overnight from time to
time. The landlord1 event... More...
   $0 (10-06-2016 - MA)

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