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JIM A. CARTER, JR., LOGGING, LLC, AND JAMES A. CARTER, JR. V. FIRST NATIONAL BANK OF CROSSETT

James A. Carter, Jr. (James), formed Jim A. Carter, Jr., Logging LLC (Carter
Logging), with James as its sole member. Carter Logging entered into two loan agreements
1 This is the second time this case has been before us. We initially remanded it back to settle the record and ordered rebriefing. Jim A. Carter, Jr., Logging, LLC v. First Na... More...
   $0 (06-02-2018 - AR)

Mary McDonald v. City of Wichita, Kansas, Gary Rebenstorf District of Kansas Federal Courthouse - Wichita, Kansas

Mary McDonald appeals the district court’s entry of judgment after a jury
verdict in favor of defendants on her Title VII retaliation claim. She argues that the
jury was improperly instructed on the legal standard for retaliation. Exercising
jurisdiction under 28 U.S.C. § 1291, we affirm.
I
McDonald served as Chief Prosecutor for the City of Wichita, Kansas, under
the super... More...
   $0 (06-01-2018 - KS)

Harley Shine v. William Sonoma, Inc.

In this putative class action against defendants and
respondents Williams-Sonoma, Inc., and Williams-Sonoma
Stores, Inc. (jointly, Williams-Sonoma), plaintiff and appellant
Harley Shine appeals from an order of dismissal following the
sustaining of a demurrer without leave to amend. Concluding
the demurrer was properly sustained on res judicata grounds, we
affirm.
FACTU... More...
   $0 (05-30-2018 - CA)

Brian Keith Heuston v. Jason Bryant, Warden Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Brian Keith Heuston seeks a Certificate of Appealability (COA) to appeal the
denial of his 28 U.S.C. § 2254 petition. We deny the COA.
I
In a 2008 jury trial in Oklahoma state court, Heuston was convicted of first
degree burglary, and assault and battery with intent to kill. Heuston was sentenced to
life imprisonment, to be followed by a consecutive 20-year sentence. Heuston fi... More...
   $0 (05-29-2018 - OK)

Willie Harrington v. Ozark Waffle, L.L.C. District of Colorado Federal Courthouse - Denver, Colorado

Plaintiff-Appellant Willie Harrington sued Defendant-Appellee Ozark Waffles,
L.L.C. (“Ozark”) in state court alleging employment discrimination. Construing the
claim as based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.,
Ozark removed the case to federal district court. Based on Mr. Harrington’s failure to
prosecute, the district court dismissed the case... More...
   $0 (05-29-2018 - CO)

Timothy J. Hill v. Joes M. Allbaugh Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Timothy J. Hill, a prisoner in the Oklahoma Department of Corrections,
petitions for a Certificate of Appealability (COA), seeking to challenge the district
court’s denial of his 28 U.S.C. § 2254 petition. We deny the COA.
I
Around March 2012, Hill’s then-girlfriend, Stacie Lewis, gave birth to a girl,
T.H. On June 5, 2012, when T.H. was three months old, Lewis walked into the<... More...
   $0 (05-29-2018 - OK)

Yvonne Reid v. City of San Diego

A. Legal Background—The Procedural Ordinance and 2008 Assessment
Under the Property and Business Improvement District Law of 1994 (PBID of
1994) (Sts. & Hy. Code,2 §§ 36600 et seq.), private property owners in a geographical
area can initiate formation of a business improvement district to assess themselves fees to
be spent promoting their businesses. (See Epstein v. Hollywood Ente... More...
   $0 (05-28-2018 - CA)

STATE OF KANSAS v. BERNARD SMITH

On July 6, 2007, Smith pled guilty to a single count of aggravated robbery, a severity level 3 person felony, in exchange for the dismissal of several other charges. A presentence investigation revealed that Smith had a criminal history score of A, based, in part, on two burglary convictions from 1988 and 1990. On September 26, 2008, the district court sentenced Smith to 221 months in prison, the ... More...   $0 (05-27-2018 - KS)

Veronica Bennett v. Hartford Insurance Company of the Midwest Middle District of Louisiana Federal Courthouse - Baton Rouge, Louisiana

Defendant-Appellant Hartford Insurance Company of the Midwest (“Hartford”) appeals the district court’s order denying its motion for summary judgment and granting that of Defendant-Appellee Axis Surplus Insurance Company (“Axis”). Hartford also challenges the district court’s grant of Axis’s motion to strike an affidavit submitted in support of its motion for summary judgment as untimely. For the ... More...   $0 (05-25-2018 - LA)

Linda M. Marshall v. Bryan S. Marshall

Linda Marshall appeals from the judgment on reserved issues following the
dissolution of her marriage to Bryan S. Marshall.1
Linda challenges two specific aspects
of the family court’s division of marital property. She contends the court erred declaring
a 2006 capital gains tax liability to be a community debt, notwithstanding the fact she had
obtained an “innocent spouse” det... More...
   $0 (05-21-2018 - CA)

Jorge Fierro v. Landry's Restaurant

Plaintiff Jorge Fierro filed the underlying action against defendant Landry's
Restaurant Inc.,1 seeking remedies for what Fierro alleges to be Landry's' violations of
specified California labor laws and wage orders. Fierro asserts claims on behalf of
himself and on behalf of a class of individuals that he alleges is similarly situated.
Landry's demurred to the complaint on the basi... More...
   $0 (05-15-2018 - CA)

State of Ohio v. Michael Ray Madrid

The facts of this case are straightforward. On November 29, 2006, appellant
entered a plea pursuant to North Carolina v. Alford in case No. CR0200601180 to one
count of aggravated robbery in violation of R.C. 2911.01(A)(1) and one count of
involuntary manslaughter in violation of R.C. 2903.04(A) and (C), felonies of the first
degree. The trial court accepted appellant’s plea,... More...
   $0 (05-14-2018 - OH)

Gary Lee Beason v. State of Indiana

We summarized the facts of this case in Beason’s direct appeal:
The facts most favorable to the judgment are that on April 18, 1995, Karen Beason took four of her five children to a police substation in Anderson, Indiana. Karen was disoriented and confused and was admitted to the stress unit at Community Hospital. The Madison County Division of Family and Children took custody of the childr... More...
   $0 (05-07-2018 - IN)

STATE OF OHIO -vs- RICHARD KING

On November 10, 2004, the Muskingum County Grand Jury indicted King
on sixty-two counts of pandering obscenity involving a minor in violation of R.C.
2907.321(A)(1) and (5). The charges were felonies of the second and fourth degrees. A
jury trial commenced on January 25, 2005. The jury found King guilty of all of the charges
except one, which was dismissed. As memorialized in ... More...
   $0 (05-06-2018 - OH)

Naruto v. David John Slater Northern District of California Federal Courthouse - San Francisco

We must determine whether a monkey may sue humans,
corporations, and companies for damages and injunctive
relief arising from claims of copyright infringement. Our
court’s precedent requires us to conclude that the monkey’s
claim has standing under Article III of the United States
Constitution. Nonetheless, we conclude that this
monkey—and all animals, since they are not hu... More...
   $0 (04-30-2018 - CA)

LEE ANDREW MITCHELL-PENNINGTON v. STATE OF KANSAS

A jury found Mitchell-Pennington guilty of three counts of aggravated robbery and one count of aggravated burglary. He appealed and our court affirmed the convictions in State v. Mitchell-Pennington, No. 103,094, 2011 WL 4031485, (Kan. App. 2011) (unpublished decision). As found by our court:

"In the early morning hours of October 5, 2008, Jeremy Mireles, Emilio Alva, and Joshua Little ... More...
   $0 (04-29-2018 - KS)

STATE OF KANSAS v. ANGEL RODRIGUEZ COURT OF APPEALS OF THE STATE OF KANSAS

Angel Rodriguez argues that his sentence is illegal because the district court erred when it classified his prior New Jersey conviction for "assault with intent to rape" under N.J. Stat. Ann. § 2A:90-2 as a person felony for criminal history purposes. He further argues that the State breached its plea agreement with him during sentencing. For reasons set out below, both of Rodriguez' arguments ar... More...   $0 (04-28-2018 - KS)

JOHN PAUL HOLLAND v. STATE OF KANSAS

In 2009, Holland was convicted by a jury of eight drug-related crimes. The facts and the charges were set forth in detail by a panel of this court in State v. Holland, No. 102,795, 2011 WL 135022, at *1-2 (Kan. App. 2011) (unpublished opinion). Following
2

remand for resentencing and a second appeal of the new sentences, the Kansas Supreme Court ultimately affirmed Holland's senten... More...
   $0 (04-28-2018 - KS)

ELIJAH N. RAMDORSINGH v. STATE OF KANSAS

In September 2010, the State charged Ramdorsingh with one count of possession of cocaine and one count of driving while suspended in Shawnee County case No. 10 CR 1630. In January 2011, the State charged Ramdorsingh in Shawnee County case No. 11 CR 95 with two counts of kidnapping, two counts of conspiracy to commit kidnapping, two counts of aggravated burglary, two counts of conspiracy to commit ... More...   $0 (04-21-2018 - KS)

Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a... More...
   $0 (04-20-2018 - HI)

STATE OF KANSAS v. LUKE REED

In 1982, a jury convicted Reed of one count of aggravated kidnapping and one count of rape. The district court sentenced Reed to 15 years to life imprisonment for the rape charge and life imprisonment for the aggravated kidnapping charge, with the sentences to run consecutively.

Reed filed a direct appeal arguing only that the district court abused its discretion by allowing an amendm... More...
   $0 (04-18-2018 - KS)

MICHAEL MATTOX v. STATE OF KANSAS

In 2002, a jury found Mattox guilty, among other things, of aiding and abetting in the reckless second-degree murder of John Lane. Although the facts are fully set out in Mattox's direct appeal, State v. Mattox, 280 Kan. 473, 124 P.3d 6 (2005) (Mattox I), and his previous K.S.A. 60-1507 motion, Mattox v. State, 293 Kan. 723, 267 P.3d 746 (2011) (Mattox II), we briefly discuss the facts to give con... More...   $0 (04-17-2018 - KS)

ESTATE OF WAYNE KENNETH DUCHENEAUX vs. DOUGLAS D. DUCHENEAUX SUPREME COURT OF THE STATE OF SOUTH DAKOTA

A detailed summary of the facts underlying this case are outlined in Estate of Ducheneaux v. Ducheneaux, 2015 S.D. 11, 861 N.W.2d 519. Wayne Ducheneaux died testate on November 18, 2011, leaving six children. On January 6, 2009, Wayne executed a will dividing his estate equally among his five
daughters1 while “intentionally making no provisions . . . for [his] son Douglas Ducheneaux,” with ... More...
   $0 (04-17-2018 - SD)

Andrew Castillo v. Glenair, Inc.

In a joint employer arrangement, can a class of workers
bring a lawsuit against a staffing company, settle that lawsuit,
and then bring identical claims against the company where they
had been placed to work. We answer no.
This wage and hour putative class action involves the
relationship between a temporary staffing company (GCA
Services Group, Inc. (GCA)), its employees (... More...
   $0 (04-17-2018 - CA)

Katherine K. Morgan v. Baker Hughes Incorporated District of Wyoming Federal Courthouse - Cheyenne, Wyoming

Katherine Morgan, as wrongful death representative of her deceased husband
David Morgan, appeals the district court’s grant of judgment as matter of law
(“JMOL”) in favor of Baker Hughes Incorporated, issued after trial but before the
case was submitted to the jury. Because material disputes in the evidence remain for
resolution by the jury, we conclude that JMOL was inappropriate.... More...
   $0 (04-09-2018 - WY)

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