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Post Conviction Relief Law
 
Paul Chmielewski, et al. v. The City of St. Pete Beach Middle District of Florida Federal Courthouse - Tampa, Florida

In this appeal of an inverse condemnation action, Defendant-Appellant the City of St. Pete Beach (“the City”) challenges a jury verdict in favor of Plaintiffs Katherine A. Chmielewski and Paul Chmielewski, as personal representative of the estate of Chester Chmielewski (“the Chmielewskis”). The underlying dispute involves a beachfront parcel, owned by the Chmielewskis, which experienced significan... More...   $0 (05-21-2018 - FL)

Linda M. Marshall v. Bryan S. Marshall

Linda Marshall appeals from the judgment on reserved issues following the
dissolution of her marriage to Bryan S. Marshall.1
Linda challenges two specific aspects
of the family court’s division of marital property. She contends the court erred declaring
a 2006 capital gains tax liability to be a community debt, notwithstanding the fact she had
obtained an “innocent spouse” det... More...
   $0 (05-21-2018 - CA)

STATE OF Ohio v. DWAYNE D. COLEMAN COURT OF APPEALS OF OHIO

Dwayne D. Coleman appeals from a judgment of the Dayton Municipal Court,
which found him guilty of assault, a misdemeanor. The trial court sentenced him to 180
days in jail; he received jail time credit of 12 days, and the balance of the sentence was
suspended. The court placed him on non-reporting community control and ordered him
not to return to the store where the inciden... More...
   $0 (05-20-2018 - OH)

STATE OF OHIO v. CHONTAY LUMFORD

This matter comes before us on two consolidated appeals by defendant
Chontay Lumford. In appellate case number 2017-CA-71, Lumford appeals from her
conviction and sentence following a guilty plea to one count of having a weapon while
under disability. In appellate number 2017-CA-72, she appeals from the trial court’s
revocation of community control and its imposition of prison ... More...
   $0 (05-20-2018 - )

STATE OF OHIO v. ANDREW MELMS

This matter is before the Court on the August 8, 2017 Notice of Appeal of
Andrew Melms. Melms appeals from the trial court’s July 28, 2017 Judgment Entry of
Conviction, following a no contest plea to one count of aggravated possession of drugs,
namely fentanyl, in violation of R.C. 2925.11(A), a felony of the fifth degree. His appeal
is specifically addressed to the trial co... More...
   $0 (05-20-2018 - OH)

RICK POIRIER v. PROCESS EQUIPMENT CO. OF TIPP CITY

On June 8, 2016, Poirier filed a complaint against PECo for monetary
damages and equitable relief, based on PECo’s alleged breach of Poirier’s
manufacturer’s representative agreement. The complaint alleged four causes of action
against PECo: breach of contract; conversion of fees paid by Poirier’s clients; violation of
the statutory duty in R.C. 1335.11 when PECo failed to pay... More...
   $0 (05-20-2018 - OH)

THE STATE OF OHIO v. MYERS

The case was tried to a jury. Much of the account of what happened came from Myers’s friend and codefendant Timothy Mosley. According to Mosley, he and Myers began to concoct their scheme on January 27, 2014. That morning, Myers, who had just slept through the start of a new job, woke up Mosley
and asked him if he “wanted to make some money.” When Mosley said he did, Myers suggested that ... More...
   $0 (05-20-2018 - OH)

Susanna Conlin v. State of Indiana Indiana Court Of Appeals

Susanna Conlin appeals from her conviction of operating a vehicle while intoxicated endangering a person,1 a Class A misdemeanor. She argues the trial
court erred by misapplying a statutory presumption in favor of the State and by
abusing its discretion in the admission of evidence.
[2] The following issues are presented for our review:
1. Did the trial court misapply a stat... More...
   $0 (05-20-2018 - IN)

Duncan E. Prince v. Invensure Insurance Brokers, Inc. v. Erm Insurance Brokers, Inc., Cross-defendant and Appellant

The parties appeal and cross-appeal a judgment after a jury trial in this
business dispute. Plaintiff and cross-defendant Duncan E. Prince obtained a judgment of
$647,706.48 against defendant and cross-complainant Invensure Insurance Brokers, Inc.
(Invensure). Invensure took nothing on its cross-complaint against Prince and his related
business entity, cross-defendant ERM Insurance... More...
   $0 (05-20-2018 - CA)

State of Wisconsin v. Shaun M. Sanders

Sanders raises a single issue for our review: do
circuit courts possess statutory competency3 to proceed in
criminal matters when the adult defendant was charged for
conduct he committed before his tenth birthday?
¶3 We hold that circuit courts possess statutory
competency to proceed in criminal matters when the adult
defendant was charged for conduct he committed ... More...
   $0 (05-19-2018 - WI)

State of Wisconsin v. DeAnthony K. Muldrow

A defendant who enters a
guilty plea waives numerous constitutional rights. State v.
Bangert, 131 Wis. 2d 246, 270, 389 N.W.2d 12 (1986).
Accordingly, "[u]nder the Due Process Clause of the Fourteenth
Amendment to the United States Constitution,[1] a defendant's
1 The Due Process Clause of the Fourteenth Amendment to the U... More...
   $0 (05-19-2018 - WI)

State of Wisconsin v. Lamont Donnell Sholar

In late September 2011, Sholar and his life-long
friend, Shawnrell Simmons, were arrested after two victims, E.C.
and S.G., separately reported to police that they had been
victims of sex trafficking by Sholar (and that other girls had
been trafficked by Simmons) out of several motel rooms near the
Milwaukee airport, including the Econolodge on 13th Street. The
State... More...
   $0 (05-19-2018 - WI)

State of Minnesota vs. Scott Ross Hunn, Minnesota Supreme Court

On February 21, 2016, appellant Scott Ross Hunn was pulled over by a Mower
County sheriff’s deputy for rolling through a stop sign. Hunn told the deputy that he had
consumed one beer. The deputy observed that Hunn “spoke in a rapid fashion, struggled
to stay on topic in conversation, had dilated pupils and seemed very nervous.” These
observations led the deputy to suspect th... More...
   $0 (05-19-2018 - MN)

DAVEONE RASHAD BROWN vs. STATE OF IOWA Iowa Judicial Building

Daveone Brown was convicted of second-degree robbery for taking $1277
from the victim while his codefendant threatened the victim. On appeal, we found
substantial evidence supported the conviction. State v. Brown, No. 14-0055, 2015
WL 2393440, at *2 (Iowa Ct. App. May 20, 2015) (noting the victim “reported Brown
and Andrew Buchanan had robbed her of $1277” and “stated a gun w... More...
   $0 (05-19-2018 - IA)

STATE OF IOWA vs. RYAN BARNHARDT Barnhardt Sentenced to 205 Years in Prison

Ryan Barnhardt appeals from the judgment and sentence entered following
his convictions on ten counts of sexual abuse, which the State brought against him
after five children alleged that Barnhardt had engaged in sex acts with them.
I. Expert Witness Testimony.
Barnhardt first contends the district court erred by allowing testimony from
the State’s expert witness tha... More...
   $0 (05-19-2018 - IA)

STATE OF IOWA vs. BRANDON CHRISTIAN ELLIOTT

Brandon Elliott pleaded guilty to assault causing bodily injury, in violation of
Iowa Code section 708.2A(5) (2015). Elliott timely filed a motion in arrest of
judgment, seeking to withdraw his guilty plea on the ground his guilty plea was not
voluntary and lacked a factual basis. Specifically, Elliott contended he felt pressure
to plead guilty because he was going to be arre... More...
   $0 (05-19-2018 - IA)

STATE OF IOWA vs. JOSEPH ANTHONY SPENCER COURT OF APPEALS OF IOWA

At approximately 11:50 p.m. on April 29, 2016, Des Moines Police Officers
Danner and Harden observed a white Buick drive past them with a non-functioning
rear left license plate lamp. The officers followed the vehicle. While the Buick was
stopped for a red light, the officers turned off their patrol vehicle’s lights to verify
the license plate light was not functioning. Afte... More...
   $0 (05-19-2018 - IA)

STATE OF IOWA vs. PETER KELLY LONG Iowa Judicial Building

In 2010, a jury found Long guilty of sexual abuse in the third degree. Based
on prior convictions, Long qualified for a sentencing enhancement under Iowa
Code section 902.14(1)(c) (2010). Long was convicted of a class “A” felony and
sentenced to life in prison.
In January 2012, the State, through the Iowa Department of Corrections,
filed a restitution plan stating Lo... More...
   $0 (05-19-2018 - IA)

Tommy Dowdy and Sharon Morris-Dowdy v. Metropolitan Life Insurance Company Northern District of California Federal Courthouse - San Francisco

In 2014, Appellant Tommy Dowdy suffered a serious
injury to his left leg as the result of an automobile accident.
His leg was eventually amputated below the knee. Mr.
Dowdy and his wife, Sharon Morris-Dowdy, sought
accidental dismemberment benefits under an employee
welfare benefit plan governed by the Employee Retirement
Income Security Act of 1974 (“ERISA”). Appellee
... More...
   $0 (05-19-2018 - CA)

Michael Easley; Stephania Session v. City of Riverside; Sergio Diaz; Silvio Macias Central District of California Federal Courthouse - Riverside, California

On December 22, 2011, Michael Easley (“Easley”) was shot three times by Officer Silvio Macias (“Macias”) following a traffic stop. Based on his resulting injuries, which include permanent physical disability and paralysis, Easley filed this action alleging that Macias violated 42 U.S.C. § 1983 through the use of excessive force. The district court sua sponte ordered an evidentiary hearing regardin... More...   $0 (05-19-2018 - CA)

United States ex rel. John Simons and Lewis Cook v. Health and Palliative Services of the Treasure Coast, Inc. United States District Court for the Southern District of Florida - Miami, Florida

Miami, FL - Health and Palliative Services of the Treasure Coast, Inc., The Hospice of Martin and St. Lucie, Inc., and Hospice of the Treasure Coast, Inc. Paid $2.5 Million to Settle False Claims Allegations

Health and Palliative Services of the Treasure Coast, Inc., The Hospice of Martin and St. Lucie, Inc., and Hospice of the Treasure Coast, Inc. have paid $2.5 million to settle allega... More...
   $2500000 (05-19-2018 - FL)

ANTHONY DONTE RICHARDSON vs. STATE OF IOWA

Anthony Richardson appeals the denial of his application for postconviction
relief (PCR). In rejecting his claims of ineffective assistance of counsel, the district
court observed that Richardson received “a very beneficial plea” as a result of his
attorney’s negotiations with the prosecution. On appeal, Richardson insists his
attorney was ineffective in failing to secure Ric... More...
   $0 (05-18-2018 - IA)

STATE OF IOWA v.TIMOTHY ROGER SCHROEDER

At about 7:00 a.m. on January 9, 2015, Nicole Gray’s seventeen-year-old
neighbor entered Gray’s home to care for her pets while Gray and her children
were out of the country. The minor found Gray’s boyfriend, Dustin Wilder, lying
face down in a pool of blood in the kitchen and unresponsive.
Emergency response personnel were called and determined Wilder was
deceased. L... More...
   $0 (05-18-2018 - IA)

STATE OF IOWA vs. NORMAN WADSWORTH

Norman Wadsworth suffered from schizophrenia for decades and received
no treatment. He had a contentious relationship with the manager at his apartment
complex, Darlene Crook, who he believed was part of a government conspiracy to
kill him. Eventually, Wadsworth was evicted from his apartment. After being
homeless for several months, Wadsworth tried to take a bus to a motel.... More...
   $0 (05-18-2018 - IA)

JARMALL KELLEY V. STATE OF ARKANSAS

Appellant Jarmall Kelley appeals his conviction by a Jefferson County jury of residential burglary, aggravated assault, theft by receiving, and interference with custody. On appeal, Kelley argues that the circuit court erred in denying his motions for directed verdict because the State failed to present sufficient evidence to support his conviction for aggravated assault.
We cannot reach the m... More...
   $0 (05-18-2018 - AR)

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