In June of 2011, a Coffee County Grand Jury indicted Defendant for attempted first degree murder in Count One, “aggravated domestic assault” in Count Two, and especially aggravated kidnapping in Count Three. A jury trial commenced on October 1, 2013. On the first day of trial, the trial court sought clarification on Count Two of the indictment. Count Two of the indictment stated:
THE GRAND ... More...   $0 (06-27-2018 - TN)

Randy Pearce, a long-time employee of Chrysler Group LLC, was a participant in the Chrysler Group LLC Pension Plan (“Plan”).
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No. 17-1431 Pearce v. Chrysler Grp. LLC Pension Plan Page 2
Under the Plan’s terms, Pearce had earned an early retirement supplement, called “30-and-Out benefits.” He relied on the Summary Plan Document (“SPD”), provided by Chrysler to Plan participants, which ... More...   $0 (06-26-2018 - MI)

This case is about the legality of a military officer serving as a judge on both an Air Force appeals court and theCourt of Military Commission Review (CMCR). The petitioner, an airman convicted of crimes in the military justice system, contends that the judge’s holding of dual offices violated a statute regulating military service, aswell as the Constitution’s Appointments Clause. The Court of Ap... More...   $0 (06-25-2018 - DC)

JUSTICE GORSUCH announced the judgment of the Court
and delivered the opinion of the Court with respect to
Parts I and II, and an opinion with respect to Part III, in
which THE CHIEF JUSTICE, JUSTICE THOMAS, and JUSTICE
ALITO join.
About to face trial, Michael Currier worried the prosecution
would introduce prejudicial but probative evidence
against him on one count tha... More...   $0 (06-25-2018 - DC)

The Little Elm Police Department in Denton County arrested Shania
Craven on February 2, 2018, for Christopher Singh’s murder; the next day, a
magistrate set her bond at $200,000. The trial court found that Shania2 was
indigent and appointed her counsel on February 7, 2018.
On February 15, 2018, Shania filed an “Application for Writ of Habeas
Corpus or in the Alternative Mo... More...   $0 (06-24-2018 - TX)

In March 2016, a grand jury indicted McCain with aggravated assault. In
the indictment, the State alleged that he had caused serious bodily injury to
Lacy—a member of his household or a person with whom he had a dating
relationship—by striking her with his hand. The State also alleged that during the
assault, McCain had used his hand as a deadly weapon.
Through his ini... More...   $0 (06-24-2018 - TX)

Ramos’s status as a career offender is dictated by his criminal record, which includes several prior felony convictions. First, in July 1998, Ramos “threw a brick at the nose of a 10-year-old child,” who then required medical treatment at a local hospital.1 As a result, Ramos pled guilty to aggravated assault in the Philadelphia County Common Pleas Court.2 Second, in October 1999, Ramos was app... More...   $0 (06-21-2018 - PA)

This case takes us to the intersection of an allegedly wrongful arrest and  detention on a material witness warrant, the Fourth Amendment, and qualified  immunity. Plaintiff Alexina Simon brought this action in the United States District  Court for the Eastern District of New York (Vitaliano, J.) under 42 U.S.C. § 1983,  claiming that a state prosecutor and two police officers falsely arrested and... More...   $0 (06-21-2018 - )

On the night of January 19, 2015, Ismail Salman and William Derrick, the victim, were working at the Discount Mart in Nashville, Tennessee. Earlier that day, Salman1 had asked the Defendant to leave the store because he was in an altercation with another customer. The Defendant left, but told Derrick, “I will get you after you guys are 1 We acknowledge t... More...   $0 (06-21-2018 - TN)

After trial by jury, Ramon Cobena Duenas was convicted of conspiring to exchange counterfeit currency, and dealing in counterfeit currency, in violation of 18 U.S.C. §§ 371 and 473. On appeal, Cobena Duenas challenges his convictions, claiming that the government failed to prove he knew the transaction involved counterfeit United States currency. After review, we affirm.
I.
The essential f... More...   $0 (06-21-2018 - FL)

An employee driving home from work on a day that he
did not have any job duties outside of the office injured a
third party. After a jury trial, the trial court imposed
liability on the employer based on evidence that the
employee regularly used his personal vehicle for work on
other days. The employer contends there was no substantial
evidence to support finding that the e... More...   $0 (06-21-2018 - CA)

A patient and his family brought a medical negligence action against a physician and the physician’s employer. They alleged specific negligence and the failure of the physician to obtain informed consent. The district court granted summary judgment in favor of the defendants on the claim of informed consent based on the physician’s failure to disclose his lack of training and experience in perform... More...   $0 (06-19-2018 - IA)

On May 29, 2014, officers of the City of Newport Beach Police Department fatally shot Gerritt Vos (“Vos”). The police responded to a call about a man behaving erratically and brandishing a pair of scissors at a 7-Eleven. The shooting happened while the police were deciding how to handle the situation, and Vos unexpectedly charged the doorway of the store with what appeared to be a weapon raised ab... More...   $0 (06-19-2018 - CA)

Defendant-Appellant Latroy Leon Burris pleaded guilty to being a felon in possession of a firearm and was sentenced under the Armed Career Criminal Act (ACCA), which provides for an increased sentence if the defendant has been convicted of three prior violent felonies. Burris contends that he was not eligible for the increase because his prior Texas conviction for robbery was not a violent felony.... More...   $0 (06-18-2018 - TX)

We first briefly reiterate the facts of this case as discussed in Lawson I. This lawsuit
stems from a premises-liability suit. Lawson is a resident of Ashley County, Arkansas.
Simmons operates a retail sporting-goods store located in Bastrop, Louisiana. This is the
corporation’s only store, and it has never operated a store in Arkansas. It is a Louisiana
corporation with its pr... More...   $0 (06-18-2018 - AR)

The record before us is, frankly, disturbing. We are provided both witness testimony about the events resulting in Appellant’s arrest and dash-camera stills and video records of a portion of those events. Abner Jonathan Enriquez worked as the manager’s right-hand man at the Albertsons Market Street in Odessa. On July 10, 2015, at a little after 12:00 p.m., he saw a man he identified as Appellant ... More...   $0 (06-16-2018 - TX)

Pursuant to plea bargain agreements, Roy Lee Anderson III pleaded guilty to
aggravated assault with a deadly weapon, possession of a controlled substance
(cocaine) with intent to deliver, and possession of a controlled substance (codeine)
with intent to deliver. In each case, the trial court found the evidence sufficient to
find Anderson guilty, but deferred further proceedings... More...   $0 (06-16-2018 - TX)

The government appeals the District Court’s determination at sentencing that Juan Ramos is not a “career offender” under Section 4B1.1 of the U.S. Sentencing Guidelines. That determination was based on the conclusion that Ramos’s prior state court conviction for aggravated assault is not a predicate “crime of violence,” as that term is defined in the Guidelines. We disagree with that conclusion. A... More...   $0 (06-15-2018 - PA)

Armando Isai Martinez was charged with driving while intoxicated, second offense, a Class
A misdemeanor. The jury found Martinez guilty “as charged in the information,” and the trial court
rendered judgment accordingly. However, no evidence of a prior DWI conviction was admitted in
the guilt-innocence phase of Martinez’s trial, nor did the court’s charge make any reference to a
... More...   $0 (06-15-2018 - TX)

As set out above, Garrett moved to suppress evidence obtained during a traffic stop.
The traffic stop was initiated by Officer Jason Nolan, and he was the only witness during the
suppression hearing. During the hearing, Officer Nolan testified that he initiated the traffic stop
because Garrett was speeding and because Garrett was driving in the left lane without passing. See
Tex.... More...   $0 (06-14-2018 - TX)

Before the Department of Motor Vehicles may suspend a driver’s license for a
driver’s refusal to submit to a chemical test to determine the alcohol content of his or her
blood, the driver “shall be told [by the arresting officer] that his or her failure to submit
to ... the required chemical testing will result in ... the suspension of the person’s
privilege to operate a motor vehi... More...   $0 (06-12-2018 - CA)

Manuel Castillo Contreras started his pickup to go to work one morning when he
realized he left his lunch in his house. Leaving the pickup running, he went back in the
house to get his lunch. Five minutes later, when Contreras returned, his pickup was gone.
Later that morning, Mary Bustillo received a call from her aunt about a pickup parked on
a lane by Mary’s home. When M... More...   $0 (06-06-2018 - TX)

In April 1997, Winter, Inc. (Winter) executed and recorded an OEA relating to the development and operation of two adjacent parcels of land it owned on the east side of New Hampshire Street between 7th and 8th Streets in Lawrence. Winter planned for a Borders Bookstore and a parking lot to be constructed on the first parcel, which was described as the "'Borders Parcel.'" The second parcel, where W... More...   $0 (06-06-2018 - KS)