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Statute of Limitation Law
 
Samuel Adkins v. The State of Texas

The jury heard evidence tending to show that in the early morning hours of July 30,
2012, Adkins drove “Rachel Smith,” a woman with whom Adkins had spent time the previous 3
day and night, to an undeveloped and isolated area in Southwest Austin, along MoPac Boulevard
south of Slaughter Lane, and proceeded to physically and sexually assault her. Evidence considered
by the jury duri... More...
   $0 (02-07-2017 - TX)

Laquanda Antrones Matthews v. The State of Texas

On August 5, 2011, Officer E. Cisneros, a peace officer with the Texas City
Police Department, was working the front desk at the police station when he heard
a commotion. Someone later notified him that a woman with outstanding
municipal warrants was trying to leave the front lobby. Officer Cisneros, who was
wearing his uniform, testified that he went into the lobby and follo... More...
   $0 (02-07-2017 - TX)

Keydrin Arceneaux v. The State of Texas

The complainant is K.J., a girl who was five months old at the time of her
death. K.J.’s mother, Laquisha Jackson, had begun dating appellant after she
became pregnant with K.J. Before Jackson gave birth to K.J., she and appellant
moved into a two-bedroom apartment with appellant’s father and appellant’s
father’s girlfriend. After K.J.’s birth, Jackson continued to live with ap... More...
   $0 (02-07-2017 - TX)

STATE OF SOUTH DAKOTA v. ANTWAUN UNDERWOOD

On January 23, 2015, Huron Police Officer Adam Doerr observed
Underwood’s vehicle travelling in excess of the speed limit. Officer Doerr initiated a
traffic stop and approached Underwood. While speaking to Underwood, Officer
Doerr noticed a green, leafy substance that he believed to be marijuana, as well as
paraphernalia, on the center console of the vehicle. Officer Doerr i... More...
   $0 (02-07-2017 - SD)

Anthony Edwin Marsh v. The People of the State of Colorado

Marsh allegedly sexually assaulted three of his granddaughters, C.S., E.M., and
S.O., between 2005 and 2007. The children ranged in age from four to seven years old at
the time of the alleged assaults. Two forensic interviewers from Blue Sky Bridge
Advocacy Center (“Blue Sky”) interviewed each of the three granddaughters, as well as
a fourth granddaughter, A.S., who was fifte... More...
   $0 (02-07-2017 - CO)

The People of the State of Colorado v. Daniela Molina.

The defendant in this case, Daniela Molina, used the last name and social
security number (SSN) of another person, D.K., to obtain an apartment lease and
employment.1 A jury later convicted Molina of two counts of identity theft and three
counts of forgery.
¶3 Molina appealed to the court of appeals, arguing that there was insufficient
evidence to prove all the elements o... More...
   $0 (02-07-2017 - CO)

STATE OF KANSAS v. HARLEY E. BENNETT

On March 4, 2015, Bennett entered a no contest plea to one count of violating the Kansas Offender Registration Act (KORA), a severity level 6 person felony. The district court sentenced Bennett to an underlying 39-month prison sentence and granted a 24month probation. Bennett was required to register under KORA due to convictions for child molestation in the first degree, statutory sodomy in the f... More...   $0 (02-06-2017 - KS)

STATE OF KANSAS v. JAMES LEE JAMERSON

In November 2001, Jamerson was on trial for the January 2001 crimes of firstdegree murder or felony murder in the alternative, aggravated robbery, and conspiracy to commit aggravated robbery. The State sought a hard 50 sentence. A few days into the trial, on November 16, 2001, Jamerson advised the district court that he decided to enter into a plea agreement. In exchange for the State amending Cou... More...   $0 (02-06-2017 - KS)

STATE OF KANSAS v. BRIAN GENE CUNEFARE

On October 31, 2014, Cunefare pled guilty to one count of driving while habitual violator, a class A nonperson misdemeanor, in violation of K.S.A. 2012 Supp. 8-287, one count of possession of marijuana, a class A nonperson misdemeanor, in violation of K.S.A. 2012 Supp. 21-5706(b)(3), (c)(2)(A), and one count of possession of drug paraphernalia with intent to use, a class A nonperson misdemeanor, i... More...   $0 (02-06-2017 - KS)

STATE OF KANSAS v. BILLY SARTIN, aka Paul Ware, aka Billy Ivy

On April 4, 1995, a Sedgwick County jury found Sartin guilty of aggravated kidnapping, aggravated criminal sodomy, aggravated robbery, robbery, and aggravated sexual battery, all committed on January 21, 1995. The district court imposed sentence on June 8, 1995.

The presentence investigation (PSI) report showed Sartin had five prior felony convictions, all in the state of Illinois. Four... More...
   $0 (02-06-2017 - KS)

STATE OF KANSAS v. JESUS ELIZALDE BERRIOZABAL

Jesus Elizalde Berriozabal was convicted by a jury of one count of rape, one count of attempted rape, and two counts of aggravated criminal sodomy. Berriozabal was sentenced under Jessica's Law. On appeal, Berriozabal's convictions were affirmed but his sentences were vacated. Our Supreme Court remanded for resentencing. At the resentencing, the trial court denied Berriozabal's motion for durati... More...   $0 (02-06-2017 - KS)

MICHAEL JAMES PERRY v. STATE OF KANSAS

In 2002, Perry pleaded no contest to two counts of rape. Initially, Perry was charged with eight crimes including sexual exploitation of a child, alleging he had child pornography (photographs) in his possession. Prior to sentencing, Perry moved to withdraw his plea. At sentencing, the district court denied Perry's motion to withdraw his plea and sentenced him to 294 months' imprisonment. Although... More...   $0 (02-06-2017 - KS)

STATE OF KANSAS v. JEFFERY S. REDDING Sex Offender

In February 2013, Redding pled no contest to rape and aggravated indecent liberties with a child. The plea agreement provided that the State would dismiss the other charges against Redding and both the State and Redding would ask the district court to depart from the presumptive sentence—life in prison with no chance of parole for 25 years—and impose a shorter sentence based on the Kansas Sentenci... More...   $0 (02-06-2017 - KS)

STATE OF KANSAS v. REX WILLIAM ALLEN MILLS

On May 5, 2015, the State charged Mills with breach of privacy. The complaint alleged Mills installed or used a camera to videotape, film, photograph, or record B.R.H. and L.H. in a state of undress without their consent or knowledge with the intent to invade their privacy. According to the probable cause affidavit, B.R.H. located a spy camera in the bathroom of the residence he and his wife, L.H.... More...   $0 (02-06-2017 - KS)

STATE OF KANSAS v. ANDRAUS R.C. WESLEY

On May 9, 2012, Wesley pled guilty in two separate cases to burglary, theft, attempted theft (case 12 CR 500), and criminal damage to property (case 12 CR 942). At his sentencing, the district court imposed a controlling prison term for both cases of 137 months. It granted the parties' joint request for a dispositional departure and placed Wesley on probation for 36 months.

The district... More...
   $0 (02-05-2017 - KS)

STATE OF KANSAS v. SIDNEY J. GLEASON

A jury convicted Gleason of capital murder for the killings of Darren Wornkey and his girlfriend, Mikiala "Miki" Martinez, as well as premeditated first-degree murder for killing Wornkey, aggravated kidnapping, aggravated robbery, and criminal possession of a firearm. In a separate penalty phase, the same jury sentenced Gleason to death for the capital offense. See K.S.A. 21-3439(a)(6) (defining c... More...   $0 (02-04-2017 - KS)

Physicians Healthsource, Inc. v. Boehringer Ingelheim Pharmaceuticals, Inc.

Physicians Healthsource appeals from Judge Underhill’s 17 dismissal of its class action complaint asserting violations of 18 the Telephone Consumer Protection Act of 1991, as amended by the 19 Junk Fax Protection Act of 2005, 47 U.S.C. § 227 (the TCPA). The 20 complaint alleges that appellees (collectively “Boehringer”) sent 21 an unsolicited fax invitation for a free dinner meeting to 22 discuss... More...   $0 (02-04-2017 - CT)

United Stats of America v. Rudolfo Ledesma Castaneda, Jr.

Lubbock, TX - DTO Leader Sentenced to 30 Years in Federal Prison

Rudolfo Ledesma Castaneda, Jr., 31, was sentenced to 360 months in federal prison, following his guilty plea in October 2016 to one count of distribution and possession with intent to distribute 50 grams or more of methamphetamine.

Castaneda and eleven defendants of a drug trafficking organization (DTO), mostly from... More...
   $0 (02-04-2017 - TX)

Paul Durousseau v. State of Florida

We discussed the facts of this case in our opinion on direct appeal. See
Durousseau v. State, 55 So. 3d 543, 548-50 (Fla. 2010). Paul Durousseau was
sentenced to death for the murder of Tyresa Mack. In 1999, Mack’s sister and
stepfather found Mack’s body in her apartment. She was naked from the waist
down, and a white cord was wrapped around her neck. Durousseau’s DNA was ... More...
   $0 (02-03-2017 - FL)

State of Florida v. Christopher Markus

The factual events of the incident began in the early evening of Saturday,
April 17, 2010, at the home of Justin McCumbers, Brandon Junk, and Eric Blair.
At the time, Christopher Markus had an agreement under which he would live in
the home for two to four nights per week in a spare bedroom and pay $400 rent per
month. McCumbers testified that Markus was staying overnight on ... More...
   $0 (02-03-2017 - FL)

RICHARD KNIGHT vs. STATE OF FLORIDA, RICHARD KNIGHT vs. JULIE L. JONES, etc.

On April 26, 2006, a jury found Richard Knight guilty of two counts of first
degree murder for the deaths of Odessia Stephens and her four-year-old child,
Hanessia Mullings. The jury unanimously recommended a death sentence for each
murder. Knight v. State, 76 So. 3d 879, 884 (Fla. 2011).
A. Trial & Direct Appeal Proceedings
On direct appeal, we set forth the following r... More...
   $0 (02-03-2017 - FL)

Leo Louis Kaczmar, III v. State of Florida

We previously set forth the relevant facts in Kaczmar v. State, 104 So. 3d
990, 995-98 (Fla. 2012). Kaczmar was convicted for first-degree murder,
attempted sexual battery, and arson. During Kaczmar’s first penalty phase, the
parties stipulated that Kaczmar had been previously convicted of a robbery. Id. at
997. The State presented a victim impact statement from Ruiz’s brot... More...
   $0 (02-03-2017 - FL)

State of Tennessee v. William M. Cole

At the plea hearing, the State advised the trial court that the statute of limitations prevented the defendant from being convicted of any lesser offenses to the indicted offense of rape of a child. However, the defendant had agreed to enter an open plea to the crime of incest, as an amended charge. The trial court then reviewed with the defendant the plea agreement and waiver of rights form, wh... More...   $0 (02-03-2017 - TN)

James Floyd Thomas v. State of Tennessee

On June 16, 2014, the petitioner entered pleas of guilty to one count of the promotion of methamphetamine manufacture in case number 17825 and to one count of the initiation of the process to manufacture methamphetamine in case number 17839, in exchange for respective four-year and 14-year sentences, to be served consecutively for a total effective sentence of 18 years’ incarceration. On December... More...   $0 (02-03-2017 - TN)

State of Tennessee v. Dantario Burgess, Rodriguez McNary and Joseph Jones-Cage

The evidence presented at trial established that on March 10, 2013, the Defendants and co-defendant Benjamin Bohannon shot at a group of people at an apartment complex and then fled in Mr. Jones-Cage‘s vehicle. The group included Mr. Demarcus Thomas, Ms. Shanna Niter, Ms. Niter‘s two year-old son J.N.,2 Ms. Brittany Hervery, and Ms. Hervery‘s two-month-old daughter J.H. Mr. Thomas sustained mult... More...   $0 (02-03-2017 - TN)

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