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Real Estate Law
 
STATE OF IOWA vs. DONALD BENJAMIN EARL REED

In this appeal, we review a twenty-seven-year-old defendant’schallenges to his sentence of up to 100 years for drug dealing, child endangerment, and possession of firearms. The jury found the defendant guilty on those offenses, which he committed as an adult. The firearm conviction automatically doubled the sentence for his cocaine offense from twenty-five to fifty years. The district court had... More...   $0 (02-26-2016 - IA)

STATE OF LOUISIANA VERSUS ROBERT GLEN COLEMAN

During the early evening hours of January 1, 2003, 70-year-old retired minister,
Julian Brandon, and his 68-year-old wife, Alice Brandon, were attacked in their home.
Crime scene investigators determined that the perpetrators shoved their way into the
Brandon home through the front door and that Mr. Brandon was forced into his dining
room where he was shot through the chin at conta... More...
   $0 (02-26-2016 - LA)

APACHE DEEPWATER, LLC, v. MCDANIEL PARTNERS, LTD

At issue in this case is how to calculate a production payment reserved in the assignment of
four oil and gas leaseholds. The four leases were assigned in one instrument. After two of the leases
terminated, a dispute arose over the production payment’s calculation. The payor asserted the
production payment should be reduced to reflect the loss of the underlying mineral-lease interes... More...
   $0 (02-26-2016 - TX)

Waldron v. Roark

The parties’ characterizations of the facts of this case differ substantially, but in reviewing orders granting summary judgment, we consider the facts in the light most favorable to the nonmoving party.1 Consequently, the following facts are set forth in a light most favorable to Waldron: On the evening of February 22, 2012, Roark and May went to Waldron’s home to serve an arrest warrant on Coppl... More...   $0 (02-26-2016 - NE)

Sstate of Nebraska v. Eric M. Henry

On December 20, 2013, Henry was charged by amended information with four counts. Count I alleged that he committed the first degree murder of Jorgensen “in the perpetration of or attempt to perpetrate a robbery.” Count II charged use of a deadly weapon to commit a felony. Count III charged possession of a deadly weapon (brass or iron knuckles) by a prohibited person. Count IV charged criminal cons... More...   $0 (02-26-2016 - NE)

STATE OF NEW MEXICO v. ANTHONY HOLT

Anthony Holt had partially removed a window screen from a residential
4 dwelling when he was detected by the homeowner and fled. In the process of
5 removing the screen, he placed his fingers behind the screen and inside the outer
6 boundary of the home. Holt was subsequently arrested and charged with breaking and
7 entering, in violation of NMSA 1978, Section 30-14-8 (1981). An “u... More...
   $0 (02-26-2016 - NM)

United States of America v. Prado

Martinez and Ortega were members of La Mara Salvatrucha, also known 9
as MS‐13, which is a violent international street gang. Martinez was the leader of 10
the Coronados Locos Salvatruchas (“CLS”), a clique, or subgroup, of MS‐13 that 11
controlled the Brentwood area of Long Island. Ortega belonged to an MS‐13 12
clique called Sitios Locos Salvatruchas (“STLS”... More...
   $0 (02-26-2016 - )

Kirk Lory v. Concord Equity Group Advisors, LLC

This action's relevant procedural history is not complex.
One month after Loury's nearly two-year employment as a Concord
executive ended, he filed a four-count complaint against
Concord. Three of the counts were dismissed for failure to
state a claim upon which relief could be granted. The surviving
count alleged Concord breached the parties' employment
agreement.... More...
   $0 (02-26-2016 - NJ)

STATE OF NEW JERSEY VS. TREMAYNE A. RODRIGUEZ

The Camden County grand jury returned Indictment No. 11-08
1761, charging defendant Tremayne Rodriguez with first-degree
murder, N.J.S.A. 2C:11-3a(1) and (2); two counts of second
degree possession of a firearm for an unlawful purpose, N.J.S.A.
two counts of second-degree unlawful possession of a
handgun, N.J.S.A. 2C:39-5b; and two counts of second-degree
certain person... More...
   $0 (02-25-2016 - nj)

Adrian Fridman v. Safeco Insurance Company of Illinois

The conflict issue in this case is whether an insured is entitled to a
determination of liability and the full extent of his or her damages by first bringing
an uninsured/underinsured motorist (UM) action before litigating a first-party bad
faith cause of action under section 624.155, Florida Statutes (2007). The related
issues we address are whether that determination of dam... More...
   $0 (02-25-2016 - FL)

Lamar Tennessee, LLC DBA Lamar Advertising of Knoxville v. City of Knoxville, Tennessee, Et Al.

Lamar has owned and operated many billboards in the Knoxville area for several years. Two of these billboards are central to the present case, i.e., one located at 6739 Kingston Pike and the other at 406B North Peters Road. When they were originally constructed, they were vinyl and non-electronic. Both were properly permitted by the City. In addition, each was a free standing structure, which ... More...   $0 (02-25-2016 - TN)

United States of America v. Laurance H. Freed

Chicago, IL - Chicago Real Estate Developer Convicted on Federal Fraud Charges for Swindling Banks and the City out of Millions of Dollars in Loans

A federal jury convicted the president of a Chicago real estate firm on fraud charges relating to a $105 million line of credit for city and suburban properties, including a former Goldblatt’s Department Store on the North Side and the Streets... More...
   $0 (02-25-2016 - IL)

STATE OF IOWA vs. ADYM RAY BARTH

Adym Barth was convicted for failure to comply with the sex offender
registry, an aggravated misdemeanor, in violation of Iowa Code sections
692A.104 and 692A.111 (2013). On appeal, Barth contends the district court
erred in denying his motion to suppress evidence allegedly obtained in violation
of his federal and state constitutional rights. We review de novo a ruling on a <... More...
   $0 (02-25-2016 - IA)

State of Missouri vs. Maurice D. Weaver

Weaver was charged in the Circuit Court of Cass County with one count of
robbery in the first degree and one count of armed criminal action. These charges arose
out of the robbery of a Sonic Drive-In restaurant in Raymore, Missouri, ("Raymore
Sonic") on the evening of January 12, 2012.
Prior to the crime, late in November of 2011, Weaver began a relationship with
Julie J... More...
   $0 (02-24-2016 - MO)

Cornell Manley vs. State of Missouri

Manley was convicted after a jury trial on one count of murder in the first degree, two
counts of assault in the first degree and three counts of armed criminal action. He was sentenced
to life without parole for the murder, fifteen years for each assault and life imprisonment for each
armed criminal action, all to run concurrently. The judgment on his convictions was affirmed on ... More...
   $0 (02-24-2016 - MO)

Kittleson v. Grynberg Petroleum Company,

In 1991, Grynberg Petroleum Company and Kittleson's predecessor in interest, Tyronne and Marilyn Kittleson, entered into an oil and gas lease. The parties also executed a separate rider that modified and amended the lease. The royalty clause of the lease provides in part:

Lessee [Grynberg] shall pay Lessor [Kittleson] the market value at the well for all gas (including all substances cont... More...
   $0 (02-24-2016 - ND)

CSC Group Holdings, LLC, v. Automation & Electronics, Inc.

Red Desert owned and operated a Sweetwater County facility for treatment and reclamation of water used for hydraulic fracturing in the petrochemical industry. In 2012, it engaged A&E to perform electrical work at the facility through an oral contract, and it also entered into a written credit agreement for materials with Consolidated Electric Distributors, Inc. (CE). All materials were delivered... More...   $0 (02-24-2016 - WY)

R.J. Reynolds Tobacco Company v. Phil J. Marotta

In this Engle progeny case,1 R.J. Reynolds Tobacco Company (“the defendant”) appeals a final judgment entered in favor of Phil J. Marotta, as Personal Representative of the Estate of Phil Felice Marotta (“the plaintiff”), arguing that federal law implicitly preempts state law tort claims of strict liability and negligence based on the sale of cigarettes and that the use of the Engle defect finding... More...   $0 (02-24-2016 - FL)

Maria Hernandez and Greg Gleason v. Brett Kaiser d/b/a Kaiser Motor Company

San Antonio, TX - Maria Hernandez, individually and on behalf of the Estate of Douglas Gleason, and Greg Gleason... More...   $0 (02-23-2016 - TX)

R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., Lorillard Tobacco Company and Liggett Group, LLC v. Marvine Calloway, as Personal Representative of the Estate of Johnnie Calloway

Tobacco defendants, R.J. Reynolds Tobacco Company (“RJ Reynolds”), Philip Morris USA Inc. (“Philip Morris”), Lorillard Tobacco Company (“Lorillard”),1 and Liggett Group LLC (“Liggett”), appeal a multi-million dollar final judgment. They raise several issues common to all and some individually.

They jointly argue the trial court erred in denying their motions for new trial based upon th... More...
   $0 (02-23-2016 - f)

State of Tennessee v. Bobby Joe Campbell

The Defendant and the victim, Cindy Mooneyham, were romantically involved and on December 27, 2012, they were in a physical altercation in Marshall County, Tennessee. As a result, on June 19, 2013, the Defendant was indicted for one count of aggravated assault by attempting to cause bodily injury by strangulation and one count of aggravated assault by causing serious bodily harm (Case No. 13-CR-1... More...   $0 (02-23-2016 - TN)

UNITED STATES OF AMERICA v. SHAWN HUGHES

On December 20, 2011 the district court sentenced Hughes to 30 days in prison and 24 months of supervised release. More importantly, the court’s sentencing judgment made Hughes and her co-defendant Douglas Brown, the owner of DB Training, jointly and severally liable for $442,330 in restitution. But, critically, the district court also expressed a clear intention that the actual restitution amou... More...   $0 (02-23-2016 - DC)

United States of America v. Brian A. Johnson

Baton Rouge, LA - A former systems administrator who hacked into the computer system of an industrial facility to disrupt and damage its operations was convicted.

Brian A. Johnson, age 44, of Baton Rouge, Louisiana, pled guilty to intentionally damaging a protected computer. JOHNSON faces possible imprisonment, fines, restitution orders, and a term of supervised release following impriso... More...
   $0 (02-22-2016 - LA)

United States of America v. Christian Parada-Renteria

Sacramento, CA - Loan Officer Pleads Guilty to Concealing Mortgage Fraud Conspiracy

Christian Parada-Renteria, 40, of Woodland, pleaded guilty to one count of concealing a widespread conspiracy to commit wire fraud and one count of concealing a mail fraud transaction in connection with a mortgage fraud scheme.

According to court documents, Parada-Renteria was a loan officer at De... More...
   $0 (02-22-2016 - CA)

Tony Fulton Wells v. State of Tennessee

At the petitioner‟s April 2, 2012 guilty plea hearing, the trial court engaged in a colloquy with the petitioner. The petitioner testified that he signed his guilty plea form after it was read to him and that he understood the terms of the form. He stated that no one had forced or threatened him to plead guilty or made any promises to induce his guilty plea. He agreed that he was pleading... More...   $0 (02-22-2016 - TN)

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