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Real Property Law
 
CADDELL CONSTRUCTION COMPANY v. USA

This post-award bid protest comes before the Court on the parties’ cross-motions for judgment on the Administrative Record (“AR”). Plaintiff, Caddell Construction Company (“Caddell”), challenges the Department of State, Bureau of Overseas Building Operations’ (“DOS”) award of a contract to Framaco International, Inc. (“Framaco”) for the construction of an embassy compound at Port Moresby, Papua N... More...   $0 (02-18-2016 - NY)

Clarence G. Oliver, et al. v. John Hofmeister, et al.

¶1 Oklahoma taxpayers filed a declaratory judgment action seeking a permanent injunction against Defendants, Joy Hofmeister, the State Superintendent of Public Instruction, the Oklahoma State Department of Education; and the Oklahoma State Board of Education, (the "State") 1 to enjoin the payment of tuition to private sectarian schools alleging the "Lindsey Nicole Henry Scholarships for Students w... More...   $0 (02-17-2016 - OK)

United States of America v. Stewart Mark Twayne Harris

Baltimore, MD - Silver Spring Man Sentenced to Prison for $1.6 Million SBA Fraud Scheme

Defendant Used Identities of Others and False Financial Information to Obtain a Small Business Loan, and Then Used Some of the Loan Proceeds to Buy a House Instead

U.S. District Judge J. Frederick Motz sentenced Stewart Mark Twayne Harris, age 39, of Silver Spring, Maryland, to two years in p... More...
   $0 (02-17-2016 - MD)

STATE OF NEW JERSEY v. LAWRENCE MOODY

Tried by a jury, defendant Lawrence Moody was convicted of
third-degree possession of a controlled dangerous substance,
heroin, N.J.S.A. 2C:35-10(a)(1) (count one); third-degree
possession of heroin with the intent to distribute, N.J.S.A.
February 17, 2016 A-5908-12T4 2
2C:35-5(a)(1) and 2C:35-5(b)(3) (count two); and third-degree
possession of heroin with intent to d... More...
   $0 (02-17-2016 - NJ)

Joseph C. Thomas, et al v. The Standard Fire Insurance Company, et al

On March 14, 2006, The Standard Fire Insurance Company (“Standard”), a subsidiary of The Travelers Property Casualty Companies (“Travelers”) (collectively, “Insurer”), issued a homeowners insurance policy to the plaintiffs, Joseph C. Thomas and Grace C. Daniell (“Homeowners”) for their residence located at 2967 Folts Circle, Chattanooga, Tennessee. The policy went into effect on March 14, 2006, a... More...   $0 (02-17-2016 - TN)

Michael P. McCoy v. State of Indiana

On November 20, 2014, officers with the Anderson Police Department were
dispatched to a local elementary school to assist the Department of Child
Services. Arriving officers were given information that an eleven-year-old child
(the Child) was alleged to have been molested or forced to perform oral sex on
her biological father, McCoy. The Child was transported to the ASPIRE More...
   $0 (02-17-2016 - IN)

Wayzata Nissan, LLC. vs. Nissan North America, Inc.

In May 2014, motor vehicle manufacturer Nissan North America, Inc. (Nissan)
and prospective Nissan dealer Stephen McDaniels1 sought to relocate a Nissan dealership
from Bloomington to a location 7.6 miles from a dealership operated by appellant
Wayzata Nissan, LLC (Wayzata). Wayzata challenged the relocation under the
Minnesota Motor Vehicle Sale and Distribution Act (MVSDA), ... More...
   $0 (02-17-2016 - MN)

Brian J. Guidry v. The State of Texas

A jury found Brian J. Guidry (Guidry) guilty of burglary of a building. Tex.
Penal Code Ann. § 30.02(a)(1) (West 2011). Guidry pleaded true to the
enhancement paragraphs for two prior felonies. The jury assessed a sentence of
two years of confinement in state jail and assessed a $4500 fine. On appeal, Guidry
challenges the sufficiency of the evidence supporting his conviction a... More...
   $0 (02-17-2016 - TX)

SW Loan A, L.P. v. Anibal J. Duarte-Viera, Antonio P. Pardo and Edward M. Reiss

In April 2008, 1946 Property LLC borrowed ten million dollars ($10,000,000.00) from
Stillwater National Bank and Trust Company. The purpose of the loan was to refinance an existing
debt on an apartment project in San Antonio, Texas. 1946 Property signed a series of documents
in connection with the loan, including a loan agreement, a promissory note, and a deed of trust.
Additio... More...
   $0 (02-17-2016 - TX)

Auto-Owners Insurance Company v. Vanessa Holland, et al.

This appeal involves the scope of coverage of a commercial general liability insurance policy issued by Auto-Owners Insurance Company (“Auto-Owners”) to Jarred Boles d/b/a Jarred Boles Lawn Ranger (collectively “Jarred Boles”), a lawn care business located at 111 Alabama St., Huntland, Tennessee. The business address was also the home address of Jarred Boles, where he lived with his parents, Mark... More...   $0 (02-16-2016 - TN)

Frantz Jerry Sainvil v. State of Indiana

At 1:15 a.m. on December 23, 2014, Officers Todd Allan Mattingly (“Officer
Mattingly”) and Sarah Gibson (“Officer Gibson”) with the Evansville Police
Department were working the third shift motor patrol for the police department
when they encountered a vehicle with an extremely dark window tint.
Believing that the tint was dark enough to constitute a violation, the officers More...
   $0 (02-16-2016 - IN)

Kevin Graham v. State of Indiana

In May 2012, Graham pled guilty to two counts of class C felony forgery and
one count of class D felony receiving stolen property. The trial court sentenced
Graham to concurrent seven-year sentences for the class C felonies and a
consecutive term of two years for the class D felony. Graham was sentenced to
nine years in the Department of Correction, with four years suspended ... More...
   $0 (02-16-2016 - IN)

David A. McNeal vs. State of Missouri

As mentioned, Movant’s convictions stem from his theft of a drill from an apartment.
Movant acknowledged stealing the drill, but denied entering the apartment with intent to steal, as
charged in the indictment. Rather, he maintains that he did not decide to steal the drill until he
was already in the apartment and saw the drill. He thus contends his conduct was consistent with More...
   $0 (02-16-2016 - MO)

RAMON B. TRUJILLO V. STATE OF ARKANSAS

On June 1, 2015, appellant, Ramon Ballesteros Trujillo, was arrested in Benton
County, Arkansas, and ultimately charged with two counts of aggravated assault, one count
of second-degree domestic battery, one count of third-degree domestic battery, and
enhanced penalty for an offense committed in the presence of children. The affidavit of
probable cause for Trujillo’s arrest provide... More...
   $0 (02-16-2016 - AR)

Heather A. Harada v. The State of Wyoming

In February 2010, while Ms. Harada was an employee of Cheyenne Transitional Center, a community correctional facility, she had a sexual relationship with an inmate at the facility. On January 7, 2011, the State filed an information charging Ms. Harada with one count of second degree sexual assault, in violation of Wyo. Stat. Ann. §6-2303(a)(vii), which prohibits a correctional employee from havi... More...   $0 (02-16-2016 - WY)

STATE OF NEW MEXICO v. HARRISON HARVEY

On May 16, 2013, the magistrate court entered a judgment and sentence7
adjudging Defendant guilty of DWI and driving with a suspended or revoked license8
and sentencing him to about a year in jail. The magistrate court suspended9
Defendant’s jail sentence and ordered five years of supervised probation under the10
following conditions relevant to this appeal:11
Defendant shall h... More...
   $0 (02-16-2016 - NM)

STATE OF NEW MEXICO v. JAMES SIMPSON

There was no trial below, and the record is mostly devoid of any factual13
background, but a few details were elicited at the plea hearing. Had the case gone to14
trial, Officer Austin Barnes of the Taos Police Department would have testified that15
Defendant crashed into his patrol car after “fail[ing] to yield,” causing over $1000 in16
damages. Officer Victor Flores of the New M... More...
   $0 (02-16-2016 - NM)

State of North Dakota v. Donald Michael Bear

On November 23, 2013, while patrolling on an alleged section line in a state vehicle, Greg Hastings, a state game warden, followed hunters northwest of Jamestown and struck a large rock, damaging the vehicle. After observing the accident, the hunters approached Hastings, and based on their conversation, Hastings learned Bear had allegedly put the rock in that location. While the vehicle was being ... More...   $0 (02-16-2016 - ND)

State of North Dakota v. Jamie Albert Apland

Based on information from a confidential informant, the Ward County Narcotics Task Force ("officers") were investigating a suspect involved in selling and distributing methamphetamine. While accompanying the suspect during several drug transactions, the informant observed a Cadillac Escalade and a motorcycle with Colorado license plates at drug purchase and distribution locations. The officers fol... More...   $0 (02-16-2016 - ND)

State of North Dakota v. Rodney Brossart

Brossart is a Nelson County landowner and farmer. On June 22, 2011, two of Brossart's adult children observed three cow-calf pairs loose on or near Brossart's property and they determined the cattle did not belong to Brossart. The cattle were secured in a fenced "missile site" Brossart leases. One of Brossart's children told him about the cattle after the cattle were secured.

[¶3] On June... More...
   $0 (02-16-2016 - SD)

Shey Elan Bruce v. The State of Wyoming

Charles Darrell Laster and Lavena Laster were originally married in 1996, divorced in 2004, remarried in 2007, and separated again, though not divorced, in 2010. In 2010, the Lasters were living in Shoshoni, Wyoming, and when they separated, Mrs. Laster moved to Mesa, Arizona. Mrs. Laster lived in Arizona until March 2013, when Mr. Laster bought her a bus ticket so she could return to Shoshoni. ... More...   $0 (02-16-2016 - WY)

Triangle Cross Ranch, Inc., Gerald E. Schneider and Michaeleen Schneider v. State of Wyoming, Wyoming Department of Family Services

Appellant Gerald Schneider has owned the property now operated as the Triangle Cross Ranch since 1973. Mr. Schneider and his wife, Appellant Michaeleen Schneider, founded Mount Carmel Youth Ranch (Mount Carmel), a Wyoming nonprofit corporation, which operated at the same location to provide group home licensed services to troubled youths. When the Mount Carmel board of directors decided to clos... More...   $0 (02-16-2016 - WY)

The State of New Hampshire v. Tyler Boyer

The State appeals an order of the Circuit Court (Rappa, J.) granting the motion of the defendant, Tyler Boyer, to suppress evidence obtained when, without a warrant, the police entered the apartment that he shared with his girlfriend and arrested him. The trial court found that the defendant had standing to object to the search despite the fact that, at the time of the search, he was present wi... More...   $0 (02-15-2016 - NH)

Amos Thompson v. State of Indiana

On February 18, 2015, Thompson went inside a Marsh Supermarket store in
Indianapolis and placed twenty or thirty retail items from the health and beauty
section of the store inside his pants. While placing the items in his pants,
Thompson was confronted by store manager Michael Bratton. Thompson
looked at Bratton, continued placing items in his pants, and walked toward
Br... More...
   $0 (02-15-2016 - IN)

Takesha Lashawn Sanders v. State of Indiana

In January 2013, Sanders was living with Gregory Cole (“Cole”), their son, and
Sanders’s son from another relationship in a residence on Tennessee Street in
Gary, Indiana. Cole’s friend, Charles Hampton (“Hampton”), was also living
in the residence. At approximately 5:00 p.m. on January 8, 2013, Cole and
Sanders began drinking and continued to drink throughout the night. Ham... More...
   $0 (02-15-2016 - IN)

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