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Probable Cause Law
 
Keysha Keyyor Tugler v. The State of Texas Fifth Court of Appeals of Texas

At a convenience store at 1:20 a.m. on June 18, 2016, a night manager had just finished
with a transaction involving a female customer. A delivery driver was also present making a
delivery. At that moment, two individuals ran into the store brandishing guns. Both gunmen had
their faces covered, one with black-and-white fabric and the other with a mask. The assailants
took t... More...
   $0 (07-17-2018 - TX)

Theresa Mason-Funk v. City of Neenah, et al. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Brian Flatoff’s decision to take individuals hostage at a
motorcycle shop in Neenah, Wisconsin,
had tragic consequences for Michael Funk. After managing
to escape from Flatoff, Funk was shot and killed in the alleyway
behind the shop by two officers of the Neenah Police
2 No. 17‐3380
Department (NPD), Craig Hoffer and Robert Ross. Unfortunately,
they mistakenly b... More...
   $0 (07-17-2018 - WI)

L.G. v. M.B.

Defendant M.B. appeals from the trial court’s denial of her
motion to dismiss under the “anti-SLAPP” statute (Code Civ.
Proc., § 425.16).1 Plaintiff and respondent L.G. is the former
nanny for M.B. and M.B.’s ex-husband, S.B.2 Respondent filed
this action against Appellant for defamation, invasion of privacy,
and intentional infliction of emotional distress based upon
state... More...
   $0 (07-17-2018 - CA)

STATE OF KANSAS v. CODY A. RIECHERS

On January 22, 2016, Riechers came to the dispatch window at the Clay County Law Enforcement Center just before 4 a.m. and spoke with the dispatcher, Officer Keith Myers, asking if law enforcement were looking for him. Myers noted that Riechers appeared intoxicated as he was making nonsensical statements, he smelled heavily of alcohol, and he was leaning against the counter. Myers called the on-du... More...   $0 (07-16-2018 - KS)

In the Matter of the Care and Treatment of CHARLES D. KEARNEY

We will begin by summarizing Kearney's adult criminal history. In the summer of 2000, when Kearney was 18 years old, he attempted to make an illegal gun sale, but things did not go as planned. The purchaser tried to steal the gun from Kearney and a struggle ensued. During the struggle, the gun went off, killing the purchaser. Kearney pled guilty to involuntary manslaughter and unlawful possession ... More...   $0 (07-16-2018 - KS)

STATE OF SOUTH DAKOTA v. GENE R. KALINE

In the early morning hours of September 22, 2016, a homeowner in Pennington County contacted the Rapid City Police Department and asked that officers remove her son and a woman named Kasey Sybert from her home. The homeowner asserted that there was an active warrant for Sybert’s arrest. The homeowner did not indicate how many people were in the home at the time, but responding officers understoo... More...   $0 (07-15-2018 - SD)

UNITED STATES OF AMERICA - v - EDWIN HERNANDEZ, AKA Scooby, AKA Masacre

The present prosecution arises out of shootings on October 23, 2011, in 3 Central Islip, New York, in which Robert Faber and Curtis Williams were injured. 4 The operative indictment charged Hernandez in six counts, three with respect to each 5 victim. Counts Four and Five alleged that Hernandez, for the purpose of gaining 6 entrance to, and maintaining or increasing his position in, MS-13, atte... More...   $0 (07-15-2018 - NY)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

Angela Belfiore-Braman v. D. Daniel Rotenberg, M.D. Glass Office Floor Mats

Plaintiffs and appellants Angela Belfiore-Braman and Stephen Braman
(sometimes together Plaintiff) appeal a defense judgment entered on a jury verdict, in
their medical malpractice action against defendant and respondent D. Daniel Rotenberg,
M.D. (Defendant), an orthopedic surgeon. The jury found Defendant was not negligent
in the care and treatment of Ms. Belfiore-Braman during t... More...
   $0 (07-15-2018 - CA)

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-14-2018 - TN)

Stephanie Ann Cole v. State of Tennessee

The Petitioner was indicted for and pled guilty to the first degree premeditated murder of the victim, Louis Tammaro, receiving a life sentence. At the plea hearing, the
State proffered the factual basis for the Petitioner’s guilty plea. The State asserted, through the testimony of Agent Dan Friel of the Tennessee Bureau of Investigation, that on June 20, 2014, the Petitioner’s neighbor wen... More...
   $0 (07-14-2018 - TN)

State of Tennessee v. Johnny Lorenzo Wade

The victims, Johnny Shivers; his wife, Chermaine Owens Shivers; their then sixteen-year-old son, Jonathan Shivers; and Ms. Shivers’s twenty-one-year-old son, Markel Owens, lived on Walker Road in Jackson, Tennessee.2 Around 9:30 p.m. on January 15, 2014, their neighbor, Joseph Mosely, was returning home with his family from church when he “saw some guys” standing around a white car. As he was wa... More...   $0 (07-14-2018 - TN)

COMMONWEALTH vs. JOHN FREDETTE

In 2014, a Superior Court jury convicted the defendant, John Fredette, of murder in the first degree on a theory of felony-murder, with aggravated kidnapping as the 2 predicate felony.1 The jury based their finding of aggravated kidnapping on the third paragraph of the current version of the kidnapping statute, which punishes a kidnapping committed "while armed with a dangerous weapon... More...   $0 (07-14-2018 - MA)

STATE OF OHIO - vs - DEAN B. WEAVER

On August 24, 2016, at approximately 10:45 p.m., Deputies Matthew Johns and Brian Sterrick, of the Ashtabula County Sheriff’s Office, arrived at appellant’s residence to execute an arrest warrant. The warrant was premised upon appellant’s failure to appear on a minor misdemeanor “failure to wear a seat belt” offense. The deputies parked their cruiser away from the residence and approached th... More...   $0 (07-13-2018 - OH)

STATE OF OHIO -vs- NORMAN L. PRYOR

On August 1, 2016 at approximately 5:30 a.m., nurse anesthetist student
B.A arrived at Aultman Hospital for her clinicals. As she walked toward the employee
entrance, she glanced over her shoulder and saw a man behind her wearing a dark
hoodie, a ski mask, and glasses. B.A screamed and began running toward the hospital,
but the man caught her, tackled her to the ground, and hel... More...
   $0 (07-13-2018 - OH)

Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger United States Court of Appeals for the Third Circuit

In Vanderklok v. United States, 868 F.3d 189 (3d Cir.
2017), we declined to imply a Bivens cause of action against
airport screeners employed by the Transportation Security
Administration (TSA) in part because they “typically are not
law enforcement officers and do not act as such.” Id. at 208.
We now must decide a related question that we anticipated, but
did not resolve, ... More...
   $0 (07-13-2018 - PA)

City of Columbus v. Stephanie Clifford d/b/a Stormy Daniels Franklin County Municipal Court - Columbus, Ohio

Columbus, OH - City of Columbus police officers arrested Stephanie Clifford d/b/a Stormy Daniesl on three counts of illegal sexually oriented activity.

Ms. Clifford was relased on $6,054 cash bail.

The New York Times reported that the Columbus Police Department had received reports of prostitution and drug activity at the Sirens Gentlemen's Club.

Columbus Police Chief Ki... More...
   $0 (07-13-2018 - OH)

STATE OF LOUISIANA VERSUS JUAN SALINAS Fifth Circuit Court of Appeal

Defendant, Juan Salinas, was arrested on February 1, 2015, along with
defendant, Lance Cowans. On March 12, 2015, the St. Charles Parish District
Attorney filed a bill of information charging defendant with possession with intent
to distribute marijuana in violation of La. R.S. 40:966(A)(2). On April 7, 2015,
defendant was arraigned and entered a plea of not guilty. On Febru... More...
   $0 (07-13-2018 - LA)

Seifullah Abdul-Salaam v. Secretary of Pennsylvania Depart of Corrections, et al. United States Court of Appeals for the Third Circuit

A jury found petitioner Seifullah Abdul-Salaam, Jr. (“Abdul-Salaam”) guilty of first-degree murder, robbery, and conspiracy after a six-day trial in March 1995 in the Court of Common Pleas of Cumberland County, Pennsylvania. After a one-day penalty phase hearing in which Abdul-Salaam’s counsel presented three mitigation witnesses, the jury sentenced Abdul-Salaam to death. Abdul-Salaam, after exhau... More...   $0 (07-12-2018 - PA)

STATE OF LOUISIANA VERSUS LANCE COWANS

Defendant, Lance Cowans, was arrested on February 1, 2015, along with
Juan Salinas. Defendant was charged with possession of more than sixty but less
than two thousand pounds of marijuana in violation of La. R.S. 40:966(F) (count
one), and possession of Schedule II controlled dangerous substances3 in violation
of La. R.S. 40:967(C) (count three).4 On April 7, 2015, defendant ... More...
   $0 (07-12-2018 - LA)

STATE OF LOUISIANA VERSUS NATASHA G. POIRIER

At the Gwen’s Law hearing, the State made argument to the trial court and
admitted several exhibits; it did not call witnesses. In its argument, the State asserted
that on the morning of April 25, 2018, Defendant hit her mother with a closed fist,
strangled her until she nearly asphyxiated, and then prohibited her from leaving the
residence. Four and a half hours after the in... More...
   $0 (07-12-2018 - LA)

Dennie Thurman Howell Jr v. The State of Texas

J.J. Rosabel, the complainant in this cause, was twelve years old at the time
of trial. Howell was J.J.’s neighbor and a friend of J.J.’s mother, T.H., who
occasionally cleaned Howell’s house. Howell had an open door policy, and J.J. and
T.H. came in and out of his home as they pleased. There were several occasions
where J.J. spent the night at Howell’s home at J.J.’s request. ... More...
   $0 (07-12-2018 - TX)

Enrique Arochi v. The State of Texas

Paulina Petrosky and the victim in this case, Christina Morris, were friends from Allen
High School. Petrosky graduated in 2010, one year after Morris, and the two had remained friends.
Petrosky, an account manager for an insurance company, lived in an apartment complex located
at the Shops at Legacy in Plano, Texas, a mixed-use residential and commercial property with
shops,... More...
   $0 (07-12-2018 - TX)

Dror Haim Goldberg v. The State of Texas

Appellant, Dror Haim Goldberg, was convicted of murder and sentenced to
48 years in prison. We affirmed the trial court’s judgment in a published opinion.
See Goldberg v. State, 95 S.W.3d 345 (Tex. App.—Houston [1st Dist.] 2002, pet.
ref’d). Appellant then filed a post-conviction motion for forensic DNA testing. See
TEX. CODE CRIM. PROC. ANN. art. 64.01(a-1). The trial cou... More...
   $0 (07-10-2018 - TX)

Silvan Warnick v. Bradford Cooley; Robin Wilkins; Ethan Rampton; Mark Knighton; Jeffrey Hall District of Utah Federal Courthouse - Salt Lake City, Utah

Silvan Warnick brings this 42 U.S.C. § 1983 malicious prosecution case
and a number of state law tort claims against several Salt Lake County
prosecutors and investigators. He claims he was falsely accused of tampering
with evidence that led to the filing of criminal charges against him that were later
dismissed.
The district court granted the defendants’ motion to dismiss, and... More...
   $0 (07-10-2018 - UT)

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