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Real Property Law
 
STATE OF IOWA vs. JAYDEN RAY CHAPMAN

The facts as presented at trial reflect that in the early morning hours of
March 10, 2014, Michael Schenk, Jayden Chapman, and Erika Dains met, used
methamphetamine, and rode in Schenk’s blue extended-cab truck to a farm
belonging to Marvin Huelsing with the intent to steal scrap metal. Dains testified
that while they were driving around the farm property collecting various it... More...
   $0 (12-21-2016 - IA)

STATE OF IOWA vs. CHRISTOPHER RYAN ALLEN

In August 2013, police executed a search warrant at Allen’s home in
Waterloo, Iowa. During the search, officers found several rocks of crack cocaine,
cash, a digital scale, and plastic sandwich bags with the corners removed.
Officers then obtained a search warrant to search the apartment of a woman
identified as Allen’s girlfriend. In the apartment they found receipts and ti... More...
   $0 (12-21-2016 - IA)

STATE OF IOWA vs. DENNIS BROUSE

This court already established the background facts relevant to this case
in Brouse’s prior appeal:
In 2007 the Iowa legislature enacted the Iowa Film, Television, and Video Project Promotion Program (Film Program). The Film Program was created to bring filmmakers and television producers from other locations to Iowa with the hope they would spend money in Iowa and grow the economy. T... More...
   $0 (12-21-2016 - IA)

HEATHER HILDRETH vs. CITY OF DES MOINES

Heather Hildreth appeals from the dismissal of an action, “Polk County No.
SPCE077325,” which was an “Application for Immediate Return of Seized
Property” filed on October 28, 2014. Hildreth sought the return of her live dog,
which was impounded at the Animal Rescue League upon a finding the dog was
a “dangerous dog” by the City of Des Moines.1 The application noted Hildreth ... More...
   $0 (12-21-2016 - IA)

United States of America v. Skylar Tava Poellnitz

Mobile, AL - Felon In Possession Of A Gun Sentenced In Federal Court

Skylar Tava Poellnitz, 25, of Dixons Mill, Alabama, was sentenced in federal court. Court records show that Poellnitz had been previously convicted of Theft of Property Second Degree and Possession of a Controlled Substance when he was arrested in possession of the gun in this case. Poellnitz pled guilty to the charge in... More...
   $0 (12-21-2016 - AL)

STATE OF MISSOURI vs. TERRY G. SMITH

We reiterate the facts in State of Missouri v. Victoria Smith, ED103039, 2016 WL 4527588 (“Smith I”),2 in that they are similar to this appeal. The following facts, when viewed in the light most favorable to the verdict, were presented at trial:

Smith lived with Wife and their six children, including their six-year-old son, Victim.
Victim is a child on the autism spectrum. Deondus T... More...
   $0 (12-21-2016 - MO)

SAMUEL LOMAX vs. STATE OF MISSOURI

Movant was charged with robbery in the first degree, armed criminal action, two
counts of robbery in the second degree, attempted robbery in the second degree, tampering
in the first degree, assault in the third degree, resisting arrest and possession of drug
paraphernalia.
According to the facts as summarized in Appellant’s direct appeal, State v. Lomax,
ED97365, on the... More...
   $0 (12-21-2016 - MO)

United States of America v. Andrea J. Smiley

Cleveland, OH - Cleveland woman sentenced to prison for taking Social Security benefits while her son was in county custody

A Cleveland woman was sentenced to six months incarceration for fraudulently receiving more than $35,000 in Social Security benefits.

Andrea J. Smiley, 35, was previously found guilty of theft of government property. She was representative payee for her mino... More...
   $0 (12-20-2016 - OH)

MICHAEL LEE WILLIAMS V. STATE OF ARKANSAS

Appellant, Michael Lee Williams, appeals the Pulaski County Circuit Court’s denial,
following a hearing, of his petition for postconviction relief filed pursuant to Rule 37.1 of
the Arkansas Rules of Criminal Procedure. For reversal, Williams maintains that his counsel
was ineffective for failing to present exculpatory testimony or statements from three
codefendants. We agree... More...
   $0 (12-20-2016 - AR)

Miriam Alicia Radwan v. The State of Texas

Appellant, Miriam Alicia Radwan, pleaded guilty to the offense of theft of
property valued at $2,500 or more but less than $30,000. TEX. PENAL CODE ANN.
§ 31.03(a), (e)(4)(A) (West Supp. 2015). On June 9, 2016, in accordance with
appellant’s plea agreement with the State, the trial court entered an order deferring
adjudication of appellant’s guilt and placing appellant on comm... More...
   $0 (12-20-2016 - TX)

Juan Jimenez v. The State of Texas

In the fall of 2013, Eric Nieto and appellant, who was twenty-four, had been
friends for approximately two years. Nieto and appellant knew each other’s families,
and appellant’s girlfriend would occasionally babysit Nieto’s two small children.
Nieto, his common-law wife Cynthia Salguero, their children, and Nieto’s brother
in-law David Arriola lived in the Greenridge townhomes... More...
   $0 (12-20-2016 - TX)

Kendall Bell v. The State of Texas

When Kendall Bell was 16, the State filed a petition in a Harris County
juvenile court alleging that he had engaged in delinquent conduct by committing
aggravated robbery with a deadly weapon. On the State’s motion, the juvenile court
concluded that because of the seriousness of Bell’s offense, the welfare of the
community required criminal proceedings. It therefore waived it... More...
   $0 (12-20-2016 - TX)

United States of America v. Camelin Junior Desrosiers

Miami, FL - North Miami Resident Sentenced for Possessing 2,434 Stolen Identities

A North Miami resident was sentenced to 47 months in prison, to be followed by three years of supervised release, for possessing 2,434 stolen identities.

Camelin Junior Desrosiers, 28, previously pled guilty to one count of possession of fifteen or more unauthorized access devices, in violation of T... More...
   $0 (12-20-2016 - Fl)

Matthew Jacob Contreras v. The State of Texas

Appellant Matthew Contreras had a close friendship with his mentally
impaired uncle, Lazaros Contreras. Lazaros shared a home with his brother, Abel,
his niece Lea Martinez, and three other relatives. Appellant and Lazaros had spent
a Saturday afternoon drinking beer when appellant’s friend Jaime Garcia joined
them at Lazaros’s house. Later the complainant, Erick Bejarano, arri... More...
   $0 (12-19-2016 - TX)

STATE OF KANSAS v. ANTHONY WILLIAMS

The factual background leading to Williams' arrest and conviction was developed during the hearing on his motion to suppress.

Wichita Police Officer Wesley Jensen testified that he and his long-time partner, Officer Adam Vandermolen, stopped a vehicle at Harry and Hillside streets in Wichita after they observed that the driver was not wearing a seatbelt. Officer Jensen approached the v... More...
   $0 (12-18-2016 - KS)

STATE OF NEBRASKA V. KEINALD V. PARNELL

Parnell was charged with burglary, terroristic threats, first degree false imprisonment, two counts of use of a firearm to commit a felony, possession of a firearm by a prohibited person, and misdemeanor violation of a protection order. The State also alleged that Parnell was a habitual criminal. Parnell pled guilty to the violation of a protection order and proceeded to trial on the remaining six... More...   $0 (12-18-2016 - NE)

State of Nebraska v. Joseph D. Senn , Jr.

Senn was charged in the district court for Richardson County, Nebraska, with attempted second degree murder, use of a firearm to commit a felony, two counts of terroristic threats, and carrying a concealed weapon. Following a jury trial, he was convicted of carrying a concealed weapon but was acquitted of the remaining charges. The evidence at trial established that Senn argued with Buckley Auxie... More...   $0 (12-18-2016 - NE)

STATE OF SOUTH DAKOTA v. RYAN G. JONES

This case arises out of Jones’s repeated abuse—sexual and otherwise— of his children from April 27, 2009, to November 17, 2014.1 On January 7, 2015, a grand jury indicted Jones on eight counts relating to this abuse. First, the
indictment charged Jones with one count of first-degree rape under SDCL 22-22 1(1) and one count of second-degree rape under SDCL 22-22-1(2). Alternatively, the ind... More...
   $0 (12-18-2016 - SD)

State of Missouri v. Cory Ethan Walker

Ava, MO - Jury Acquits Accused in Love Triangle Murder Case

The State of Missouri charged Cory Walker, age 29, with first-degree murder and armed criminal action for the stabbing death of Robert Koch, age 37, who was stabbed to death at Walker's home on August 28, 2015. Koch was stabbed 11 times, including 6 times in the back.

Jamine White, age 36, who was the "girlfriend" of bo... More...
   $0 (12-18-2016 - MO)

State Of Vermont v. Albarelli

This case arises from a fight involving two groups of men that occurred on July 18,
2013, around midnight at the north end of Church Street in Burlington. As a result of the
altercation, defendant was charged with simple assault, disorderly conduct, and giving false
information to a police officer with the intent to deflect the investigation. At his jury trial on
February 3, ... More...
   $0 (12-17-2016 - VT)

State of Vermont Supreme Court v. Joshua Anderson (Eastern Bail Bond Agency, Inc.)

The underlying facts are not disputed. On August 5, 2013, defendant was arraigned
on a charge of possessing stolen property. Defendant was ordered to provide the court with a
surety bond or cash in the amount of $5000. Defendant’s conditions of release also required him
to come to court for scheduled hearings and to provide his attorney and the court with his updated
address... More...
   $0 (12-17-2016 - VT)

STATE OF NEW JERSEY v. JORGE BULTRON

Reviewing defendant's first challenge to the order denying
suppression, we recite facts presented during the October 24, 2013
suppression hearing. Testimony was provided by two of the
arresting officers.
At approximately 1:52 p.m. on October 4, 2012, plain clothes
Jersey City Police Department Officer Gregory Wojtowicz received
a tip from a reliable confidential in... More...
   $0 (12-17-2016 - NJ)

STATE OF NEW JERSEY v. BRANDON T. MORRISON

Pemberton Township contracted with the Pemberton First Aid
and Rescue Squad (Pemberton Rescue Squad) -- a private, non
profit organization -- to provide back-up emergency medical
services for the municipality. Defendant Brandon Morrison
served as a volunteer EMT on the Pemberton Rescue Squad and as
the Squad’s treasurer. Defendant was charged with official
misconduct... More...
   $0 (12-17-2016 - NJ)

STATE OF CONNECTICUT v. JOSEPH WALKER

The defendant, Joseph Walker, appeals from the judgment of conviction, rendered after a jury trial, of murder in violation of General Statutes § 53a54a (a), conspiracy to commit murder in violation of General Statutes §§ 53a-48 and 53a-54a (a), robbery in the first degree in violation of General Statutes § 53a134 (a) (2), conspiracy to commit robbery in the first degree in violation of General Sta... More...   $0 (12-16-2016 - CT)

STATE OF CONNECTICUT v. MARK HAYWARD

The defendant, Mark Hayward, appealsfromthejudgmentofconviction,renderedafter a jury trial, of larceny in the first degree in violation of General Statutes §§ 53a-119 and 53a-122 (a) (2). On appeal,thedefendantclaimsthattherewasinsufficient evidence to prove beyond a reasonable doubt that he intended to permanently deprivethe victim of his property. We affirm the judgment of the trial court. The ... More...   $0 (12-16-2016 - CT)

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