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State of Vermont v. William Schenk

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cou... More...
   $0 (05-05-2018 - VT)

MICHAEL SKAKEL v. COMMISSIONER OF CORRECTION

The facts of this tragic case, which arises out of events that transpired more than forty years ago, are set forth in considerable detail in the habeas court’s memorandum of decision and in this court’s decision on the petitioner’s direct appeal.2 See State v. Skakel, supra, 276 Conn. 640–53. For present purposes, we focus our attention on those facts and procedural history that are most relevant ... More...   $0 (05-05-2018 - FL)

ARKHEEM J. LAMB vs STATE OF FLORIDA

The defendant appeals from his convictions, arising from a carjacking, for grand theft of a vehicle and grand theft. The defendant primarily argues that the trial court erred in permitting the state to introduce into evidence a Facebook video showing the defendant sitting in the stolen car and wearing the victim’s stolen watch just hours after the carjacking occurred. We find no error in any of ... More...   $0 (05-04-2018 - FL)

Barry Edward Ellis vs State of Florida

In this direct criminal appeal, Ellis claims that the trial court erred in denying his motion for judgment of acquittal on the charge of aggravated fleeing or attempting to elude “a law enforcement officer in an authorized law enforcement vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated” pursuant to section 316.19... More...   $0 (05-04-2018 - FL)

STATE OF IOWA vs. MARY ELIZABETH HAGLIN

Mary Haglin appeals from her conviction for sexual exploitation by a school
employee, in violation of Iowa Code section 709.15(2), (3)(a)(2), and (5)(b) (2016).
Haglin maintains the district court erred in finding in favor of the State on Haglin’s
motion to adjudicate law points on the issue of whether Haglin met the definition
of a “school employee” under section 709.15. Fin... More...
   $0 (05-03-2018 - IA)

DONALD JEFFCOTT vs. STATE OF MISSOURI

Movant was charged with nine sex offenses involving two victims (Counts I-IX). The
indictment alleges Counts I, II, and III (two counts of first-degree statutory sodomy and one
count of incest, respectively) were all committed by Movant on or between April 21, 2000 and
December 31, 2001. In all three counts, Movant was alleged to have had deviate sexual
intercourse with J.K. ... More...
   $0 (05-03-2018 - MO)

United States of America v. Preston Stewart, a/k/a "Pusha" District of Delaware Federal Courthouse - Wilmington, Delaware

Wilmington, DE - Defendant Sent To Prison for Five Years

Preston Stewart, a/k/a “Pusha,” 35, of Wilmington, was sentenced to five years’ incarceration by Chief U.S. District Judge Leonard P. Stark following convictions for two counts of possession with intent to distribute 500 grams or more of cocaine.

According to filings in the case and statements made in open court, Stewart ... More...
   $0 (05-03-2018 - DE)

UNG T. LE V. THE STATE OF TEXAS Court of Appeals Fifth District of Texas at Dallas

On March 1, 2013, T.L., who was thirteen years old, approached Rebecca Brown, a
counselor at T.L.’s high school. Initially, T.L. complained that her grandfather was mean and
would hit her on the back with a back scratcher. Then, T.L. stated that Le, her father, was also
mean to her, would come home drunk in the early morning hours, and would yell at her. However,
when T.L. s... More...
   $0 (05-02-2018 - TX)

UNITED STATES OF AMERICA v. ROBERT ALEXANDER United States Court of Appeals for the Second Circuit

The following facts, which are drawn from the record of the suppression
hearing, are largely undisputed.
Alexander lived in a narrow house on Staten Island. The front of the house
faced the street, and a short set of stairs led directly from the sidewalk to the
front door. The property also included an 84-foot-long driveway that ran
perpendicular to the street and alongside the... More...
   $0 (05-01-2018 - NY)

BLOK BUILDERS, LLC d/b/a IKON BUILDERS, a Florida limited liability company, Appella nt, v. PEDRO KATRYNIOK, MASTEC NORTH AMERICA, INC., a Florida corporation, and BELLSOUTH TELECOMMUNICATIONS, LLC, d/b/a AT&T FLORIDA

We deny Appellant’s Motion for Clarification, Rehearing and/or Rehearing En Banc, withdraw the previous opinion and substitute the following opinion in its place.

Blok Builders, LLC, appeals a final judgment determining that Blok owes Mastec North America, Inc., and BellSouth Telecommunications, LLC, contractual indemnity and a defense in a personal injury action, as well as awarding a... More...
   $0 (05-01-2018 - FL)

STATE OF OHIO v. CHRISTOPHER GAULT

On June 10, 2017, at approximately 11:25 p.m., Gault was entering US
33 from County Road 270 in Logan County when he drove into the path of an
oncoming motorcycle. The motorcycle operator hit the side of Gault’s vehicle and
suffered serious injuries, including, inter alia, a broken vertebra. Deputies that
responded to the scene met with Gault and found him to have very bloods... More...
   $0 (04-30-2018 - OH)

Marcus Shedd v. The State of Texas COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

In two separate cases, Appellant was charged by indictment with (1) one count of forgery, a third degree felony, punishable by not less than two years but not more than ten years imprisonment, and (2) one count of obstruction or retaliation, a third degree felony, punishable by not less than two years but not more than ten years imprisonment.1 In each case, the State filed a notice of intent to s... More...   $0 (04-30-2018 - TX)

GranCare, LLC v. D/b/a VAle Healthcare Center v. Ruth Thrower Northern District of California Federal Courthouse - San Francisco

Defendant-Appellant GranCare LLC (“GranCare”)
removed a diversity case to federal court, arguing that the
sole non-diverse defendant, nursing home administrator
Remy Rhodes, was fraudulently joined as a defendant in
order to defeat diversity and prevent removal. The district
court remanded the case and awarded costs and attorney’s
fees to Plaintiffs pursuant to 28 U.S.C. § ... More...
   $0 (04-30-2018 - ca)

Taylor Scott v. Gino Morena Enterprises, LLC Central District of California Federal Courthouse - Los Angeles, California

Taylor Scott appeals from the grant of summary
judgment in favor of her former employer, Gino Morena
Enterprises, LLC (“GME”). Scott sued GME alleging
sexual harassment and retaliation under state law. The
parties stipulated to the dismissal of Scott’s state law claims
and Scott’s filing of an amended complaint asserting claims
under Title VII of the Civil Rights Act of 196... More...
   $0 (04-30-2018 - CA)

Bobbi Lynn Bean v. The State of Texas

Around 10:00 p.m. on March 17, 2016, Douglas Scheets was sitting in his
living room when he heard a loud crash outside. When he stepped outside to
investigate, he discovered Appellant sitting in her SUV in a roadside ditch.
Scheets observed that the car had sustained substantial damage—he testified
that it appeared to have struck a large oak tree on his property hard enough t... More...
   $0 (04-29-2018 - TX)

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)

STATE OF KANSAS v. SCOTT ROBERT BOLLIG

We begin with an introduction of the people involved in or affected by the criminal conspiracy and an outline of the circumstances that drew them together. Bollig, a bank officer, became acquainted with Naomi Abbott in late 2012, while she was married to Rahn Abbott. As her acquaintance with Bollig took an intimate turn, Naomi and Rahn were divorcing. After the divorce, Bollig and Naomi continued ... More...   $0 (04-28-2018 - KS)

STATE OF KANSAS v. MARCUS G. BUTLER

Shortly after 7 p.m. on January 9, 2013, Kevin Smith returned home from work to the apartment he shared with his fiancée, Demetria Hunter, in Wyandotte County. When Smith arrived, he discovered a vehicle parked in his spot. Hunter and Smith's neighbors had a history of parking in their stalls and making loud noises. Smith saw a white male— later identified as Clint Schierbaum—exiting the neighbori... More...   $0 (04-28-2018 - KS)

STATE OF MONTANA v. PATRICK TERRY FLOWERS

During routine patrol near Stevensville, Montana, in December 2014, Deputy
Jason Jones of the Ravalli County Sheriff’s Office stopped a pickup that had an expired
registration. Flowers was driving the vehicle and Hill sat in the front passenger seat.
Deputy Jones asked for Flowers’s driver’s license and other documentation. After
checking for active warrants for both Flowers... More...
   $0 (04-28-2018 - MT)

ARCH COAL, INC. v. R. ALEXANDER ACOSTA, IN HIS OFFICIAL CAPACITY AS SECRETARY OF LABOR AND DEPARTMENT OF LABOR

The BLBA imposes liability on coal mine operators for payment of monthly benefits to coal miners who contract pneumoconiosis, or black lung disease, from their employment in the mines. See 30 U.S.C. §§ 922(a), 932(c). In order for an operator to be held liable, it must have employed the miner for at least one year and be “capable of assuming its liability for a claim.” 20 C.F.R. § 725.494(c), (e) ... More...   $0 (04-28-2018 - DC)

State of Vermont v. Jack Sawyer

Defendant Jack Sawyer appeals the trial court’s decision holding him without bail. Defendant is charged with four separate counts, each predicated on his alleged attempt to commit a crime, and three of which are punishable by life imprisonment. The sole question before this Court is whether the evidence of guilt is great that defendant attempted to commit any of the four charged crimes given the... More...   $0 (04-28-2018 - VT)

Dale E. Kleber v. CareFusion Corporation Northern District of Illinois Courthouse - Chicago, Illinois

The key provision of the Age
Discrimination in Employment Act of 1967 prohibits
employment practices that discriminate intentionally against
older workers, and prohibits employment practices that have
2 No. 17‐1206
a disparate impact on older workers. 29 U.S.C. § 623(a)(1),
(a)(2); Smith v. City of Jackson, 544 U.S. 228 (2005). The central
issue in this appeal is ... More...
   $0 (04-27-2018 - IL)

Jerald Glaviano v. Sacramento City Unified School District

After Jerald Glaviano interceded in a confrontation between two of his students,
the Sacramento City Unified School District (the District) placed him on unpaid leave
and issued an accusation and a notice of intent to dismiss or suspend him without pay.
Following a hearing, the Commission on Professional Competence (Commission)
dismissed the accusation and ordered the District to r... More...
   $0 (04-27-2018 - CA)

SOPHAL PHON V. COMMONWEALTH OF KENTUCKY

Phon, a member of a gang, entered the home of Khatnphao
Phromratsamy and Manyavanh Boonprasert in August 1996. At the direction
of the gang leader, Phon killed Khamphao and Manyavanl;l, execution style. He
also shot their twelve-year-old daughter in the head but she miraculously
survived. Phon claimed that the then twenty-six-year-old leader of the gang
had instructed him ... More...
   $0 (04-26-2018 - KY)

STATE OF OHIO -vs- MATHEW NICOLAS MIKU

Defendant-Appellant Mathew Nicolas Miku appeals his conviction for
murder and child endangering in the Court of Common Pleas, Stark County. Plaintiff
Appellee is the State of Ohio. The relevant facts leading to this appeal are as follows.
{¶2} On the late morning of March 4, 2016, paramedics from the Canton Fire
Department were dispatched to a residence on Dewalt Ave. NW in resp... More...
   $0 (04-26-2018 - OH)

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