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Real Property Law
 
Brenda Kay Holland a/k/a Brenda Kay Carpenter a/k/a Brenda Kay Green v. The State of Texas

On July 19, 2012, Officer Amanda Benson of the Early Police Department observed Appellant driving the wrong way on a divided highway. Upon stopping Appellant, Officer Benson observed that Appellant was barefoot and had a hard time holding herself upright while attempting to walk toward Officer Benson’s patrol car. Officer Benson testified that Appellant was unsteady on her feet and had very slu... More...   $0 (05-11-2016 - TX)

Otis Samuel Mitchell v. The State of Texas

Mitchell was indicted for an aggravated sexual assault of S.T. that occurred
on or about October 12, 2013, and for the aggravated sexual assault and aggravated
kidnapping of T.C. that occurred on or about October 13, 2013.2 Mitchell pleaded
“not guilty” to all charges. At trial, S.T. testified that, on the evening in question,
she was walking around the apartment complex where ... More...
   $0 (05-11-2016 - TX)

Milton D. Stephenson v. The State of Texas

In 2012, a grand jury indicted Stephenson for entering a habitation owned by J.H.2 with the intent to commit theft. The indictment contains enhancement counts,
which assert that Stephenson had committed four prior sequenced felonies. Based
on the enhancement counts, if at least two of the enhancement paragraphs were
found by the jury to be true, a trial in the case subjected Stephen... More...
   $0 (05-11-2016 - TX)

Jesus Eduardo Sanchez v. The State of Texas

While working as an undercover narcotics agent, Detective Jaime Flores obtained a cell
phone number from a Victor Ortega, for an individual that Ortega identified as “Krusty,” for
purposes of purchasing narcotics. On November 10, 2011, using that number, Flores contacted
“Krusty,” whom he later identified as Appellant, and arranged to purchase “ecstasy pills”1 from
him at Ort... More...
   $0 (05-11-2016 - TX)

Eric Wayne Ellis v. The State of Texas

Appellant, Eric Wayne Ellis, entered a plea of guilty, pursuant to a plea bargain
agreement, to a State Jail Felony indictment alleging theft of property of the value of
$1,500 or more but less than $20,000.1 In accordance with the plea bargain, the trial
court found the evidence sufficient to prove appellant’s guilt but deferred finding
appellant guilty and placed him on comm... More...
   $0 (05-11-2016 - TX)

Jeremy John McCoy v. The State of Texas

Appellant worked at a sand and gravel company. He was accused of stealing
tools from his employer and a co-worker. He then moved to Minnesota and did not
return to Texas until he was arrested. The complainant, a co-worker, testified the tools
taken were valued between $2,300 and $2,339 and one of the tools, a one and three
quarter inch drive socket set, belonged to his boss. ... More...
   $0 (05-11-2016 - TX)

Jonathon Villanueva v. The State of Texas

Complainant N.V. was ten years of age at the time of her trial testimony. N.V. testified
that when she was nine, she lived with her mother Yessenia Villanueva (Yessenia) and her father
and Yessenia’s husband at the time, Jose Victor Villanueva (Jose). N.V. had not met Jonathon,
Jose’s son and N.V.’s stepbrother, before he came to live with them in the summer of 2013.
N.V. gr... More...
   $0 (05-10-2016 - TX)

Terrill Carl Adams v. The State of Texas

Terrill Carl Adams appeals his two convictions for burglary of a habitation, asserting they
amount to multiple punishments for the same criminal conduct in violation of the double jeopardy
clause. We agree and vacate the judgment on Count 2 for burglary of a habitation with intent to
commit or commission of injury to an elderly individual, and affirm the judgment on Count 1 for More...
   $0 (05-10-2016 - TX)

Aestede James Treadway v. The State of Texas

Treadway was charged with burglarizing Sean Smagacz’s home. At trial, Smagacz testified
that he had known Treadway for years, having hired Treadway to do contract work for his
construction company. According to Smagacz, he considered Treadway to be a friend. On Friday,
April 12, 2013, Smagacz and Treadway were working together on a job site. After work, Smagacz,
Treadway, and a... More...
   $0 (05-10-2016 - TX)

United States of America v. Donald Walters

Tulsa, OK - Transnational Drug Trafficking Organization Ringleader Pleads Guilty to Drug Conspiracy and Related Charges

The ringleader of a Tulsa-based drug trafficking organization pleaded guilty to drug conspiracy, engaging in a continuing criminal enterprise, and conspiracy to sponsor and exhibit an animal in an animal fighting venture.

Donald Walters, 35, of Tulsa, was charge... More...
   $0 (05-10-2016 - OK)

United States of America v. Richard Hughes

Bangor, ME - Bangor Man Pleads Guilty to Destruction of Government Property

Richard Hughes, 30, of Bangor, Maine, pleaded guilty to destroying government property.

According to court records, on June 5, 2015, Hughes drove a motor vehicle through the high frequency area electronic gate located on Elmer’s Way at the Cutler, Maine, Naval Support Activity installation. The gate is o... More...
   $0 (05-09-2016 - ME)

Shriya Biman Patel v. The State of Texas

The evidence in the record shows that appellant’s husband, Bimal Patel, was badly
burned in a fire in the couple’s apartment on the evening of April 17, 2012, and ultimately died from
his injuries. Although appellant and Patel had married in India months earlier, appellant had only
recently moved to the United States after completing the immigration process from India. A
neighbor... More...
   $0 (05-09-2016 - TX)

Desmond Lamar Davis v. The State of Texas

A jury convicted Appellant Desmond Lamar Davis of two offenses of
aggravated robbery with a deadly weapon, charged in separate indictments. In
each case, the jury found the allegations in the enhancement paragraph to be
true upon Appellant’s plea of true and assessed his punishment at fifteen years’
and thirty years’ confinement respectively, imposing a $1,000 fine for each More...
   $0 (05-09-2016 - TX)

Kelvin Morris Jones Jr. v. The State of Texas

A Montgomery County grand jury issued true bills of indictment, accusing
appellant, Kelvin Morris Jones, Jr., of the offenses of possession of a controlled
substance, namely methamphetamine,2 and two “counts” of possession of child
pornography.3 After the trial court denied his motion to suppress evidence,
appellant, with an agreed punishment recommendation from the State, ple... More...
   $0 (05-09-2016 - TX)

STATE OF IOWA vs. TOBY RYAN RICHARDS

On February 2, 2013, Poell was visiting Richards at his mother’s house in Davenport, where Richards lived. Both Poell and Richards were napping, Poell in bed and Richards on a couch in the same room. Beyond those facts, however, accounts of the day’s events diverge significantly.
3
A. Poell’s Testimony. According to Poell, she awoke to discover a message on her cell phone from anoth... More...
   $0 (05-09-2016 - IA)

STATE OF KANSAS v. DANIEL HENDRICKS

Daniel Hendricks appeals his criminal conviction for violating a nocontact order entered in his divorce case. Hendricks argues that the statute making it a crime to violate a protection order doesn't apply to orders entered in a divorce case after the divorce decree has been entered. The order Hendricks violated was entered several years after the decree in his divorce case, during new disputes wi... More...   $0 (05-09-2016 - KS)

STATE OF KANSAS v. IAN WOOLVERTON

On first glance, it might seem the attorneys in this case got their briefcases switched. The prosecutor argues that a misdemeanor domestic-violence offense is not a serious one, while the defendant—who was convicted of that offense— argues that it is.
The reason the case has reached us in this odd posture is that the defendant was convicted in a trial to a judge, not a jury. He now seeks a... More...
   $0 (05-09-2016 - KS)

State of Nebraska v. Milton B. Dortch, Jr.

STATEMENT OF FACTS On the morning of September 17, 2014, Dortch walked into a jewelry store in Omaha, Nebraska, carrying a gun. Several employees, including the store owner, James Minshall, Sr., were working inside. Dortch pointed the gun at employees as he threw a bag over the counter and told them to “‘[p]ick it up and fill it up.’” When another employee went to open a display case, Minshall wal... More...   $0 (05-09-2016 - NE)

State of Nebraska v. Karry R. Neisius

Neisius’ employer provided custom hay grinding services. Its customers were farmers in the region surrounding its principal place of business in Beemer, Nebraska. Neisius was a hay grinder operator. His duties included transporting the hay grinder and its power unit between jobsites and back to one of his employer’s offices located in Wakefield, Nebraska. The hay grinder used by Neisius was design... More...   $0 (05-09-2016 - NE)

State of Nebraska v. Bao Minh Nguyen

On June 30, 2014, Nguyen was stopped by law enforcement for failing to use a turn signal, which ultimately led to a search of his vehicle and the discovery of methamphetamine and a “Stiletto” knife with a blade measuring 33⁄4 inches long. Nguyen was arrested and charged with one count of possession of methamphetamine and one count of carrying a concealed weapon, second offense. The parties a... More...   $0 (05-09-2016 - NE)

THE PEOPLE OF THE STATE OF NEW YORK v. JEFFREY D. PAUL, ALSO KNOWN AS JEFFREY D. LIPSON

Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of stolen property in the fourth degree (Penal Law § 165.45). Even assuming, arguendo, that defendant’s waiver of the right to appeal is invalid (see People v Harris, 125 AD3d 1506, 1506, lv denied 26 NY3d 929), we nevertheless conclude that none of defendant’s contentions on appeal requires reversal o... More...   $0 (05-09-2016 - NY)

THE PEOPLE OF THE STATE OF NEW YORK v. JESSE J. BARNES

In appeal No. 1, defendant appeals from a judgment convicting him following retrial upon a jury verdict of, inter alia, two counts of burglary in the second degree (Penal Law § 140.25 [2]), two counts of grand larceny in the third degree (§ 155.35 [1]), and two counts of criminal mischief in the third degree (§ 145.05 [2]) and, in appeal No. 2, he appeals from the resentence imposed on that convi... More...   $0 (05-08-2016 - NY)

THE PEOPLE OF THE STATE OF NEW YORK v. RUDOLPH YOUNG

Defendant appeals from an order that denied his motion pursuant to CPL 440.20 seeking to set aside the sentence imposed upon his conviction of criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [4]), for which he was sentenced as a persistent felony offender to an indeterminate prison term of 25 years to life. We previously affirmed the judgment of conviction on defen... More...   $0 (05-08-2016 - NY)

STATE OF NEW JERSEY VS. GERALD M. HARRIS

Defendant Gerald M. Harris appeals the Law Division's order
denying his motion to suppress evidence, and the jury verdict
finding him guilty of: third-degree distribution of a controlled
dangerous substance (CDS), N.J.S.A. 2C:35-5(a)(1) and 2C:35
5(b)(3) (count one); third-degree distribution of a CDS within
1,000 feet of school property, N.J.S.A. 2C:35-7 (count two); More...
   $0 (05-08-2016 - NJ)

United States of America v. Wilfred David Joseph Jobin-Reyes

San Diego, CA - SeaWorld Manager Pleads Guilty to Stealing More than $1 Million

Former SeaWorld San Diego manager Wilfred David Joseph Jobin-Reyes, also known as Sebastian Jobin, pleaded guilty in federal court to wire fraud and tax charges, admitting he embezzled a total of $818,000 from SeaWorld over more than eight years.

Jobin-Reyes, who admitted orchestrating the scheme whi... More...
   $0 (05-07-2016 - CA)

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