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Statute of Limitation Law
 
The State of Texas v. Frank Empey

A grand jury indicted appellee for theft. The indictment charged him with a
state jail felony because it alleged that he had stolen “aluminum or bronze or
copper or brass, of the value of less than $20,000.” See Tex. Penal Code Ann.
§ 31.03(e)(4)(F) (West Supp. 2015).
Appellee filed a pretrial motion to dismiss the indictment. He argued that
the indictment was flawed be... More...
   $0 (08-07-2016 - TX)

Joseph Homin v. The State of Texas

Corporal Bryan Cooper of the Texas Department of Public Safety testified
that he is certified to perform standardized field sobriety testing and Advanced
Roadside Impaired Driving Enforcement (ARIDE). Cooper explained that there are
three components to standardized field sobriety tests: the horizontal gaze
nystagmus (HGN) test, the walk-and-turn, and the one-leg stand. Accordin... More...
   $0 (08-05-2016 - TX)

Armin Martinez v. The State of Texas

During the hearing the trial court conducted on Martinez’s motion to
suppress, the officer who stopped Martinez described in detail the events that resulted in Martinez’s car2 being searched. According to the officer, who is
employed by the Liberty County Sheriff’s Department, he stopped Martinez’s car
to investigate his suspicion that the car had an obscured rear license plate. See... More...
   $0 (08-05-2016 - TX)

Christopher Ballard v. The State of Texas

Appellant, Christopher Ballard, was convicted of the offense of failing to register
as a sex offender during the required ten-year period.1 As charged, the offense is a
State Jail Felony.2 Appellant entered a plea of guilty to the offense, pursuant to a plea
agreement. The plea agreement included appellant’s incarceration for a period of three
years. Following his plea and ... More...
   $0 (08-04-2016 - TX)

David George Pfeifer v. The State of Texas

Appellant, David George Pfeifer, was convicted following a jury trial of continuous
sexual abuse of K.M.,1 a child younger than fourteen years of age,2 and sentenced to
confinement for thirty years. On appeal, Appellant asserts the trial court erred by (1)
1 To protect the privacy of the victim and other testifying witnesses, w... More...
   $0 (08-04-2016 - TX)

Bruce Denis Young v. The State of Texas

The material facts of the case and the evidence adduced at trial are known to the
parties and need not be stated here because of the nature of appellant’s issue. At trial,
appellant did not request that the court include a lesser-included-offense instruction in
the jury charge, nor did he object to its omission from the charge. Following his
conviction appellant timely notice... More...
   $0 (08-04-2016 - TX)

Harold "Bud" Eric Ham v. The State of Texas

Appellant does not challenge the sufficiency of the evidence supporting his
conviction. We discuss only so much of the factual background as necessary for
disposition of the issues raised. The evidence from trial shows that during the evening
of August 15, 2008, Darrell Randell, Larry Dozier, Joe Mark Davis and appellant were
socializing and drinking beer outside Davis’s Turke... More...
   $0 (08-04-2016 - TX)

Christy Allane Rodriguez v. The State of Texas

Rodriguez was charged by indictment alleging in relevant part that, “with intent to
assault, harass, or alarm,” she caused Denison police officer Holly Jenkins “to contact
[Rodriguez’s] saliva” while Jenkins was effecting Rodriguez’s arrest. See TEX. PENAL CODE
ANN. § 22.11(a)(2) (West Supp. 2015). The charge arose after Rodriguez spit on Jenkins
numerous times while Jenkins ... More...
   $0 (08-04-2016 - TX)

Jared Assavedo v. The State of Texas

Appellant was indicted for intentionally, knowingly, and recklessly causing serious
bodily injury to Claudia Lopez by striking a motor vehicle owned and operated by Lopez with a
–2–
motor vehicle operated by appellant and by forcing Lopez’s motor vehicle from the roadway. He
was also indicted for intentionally, knowingly, recklessly, and with criminal negligence engaging
... More...
   $0 (08-04-2016 - TX)

State of New Jersey v. Dion Harrell

Freehold, NJ - Man Convicted On 1992 Rape Charge Exonerated


The State of New Jersey charged Dion Harrell with raping a young woman in 1988. The victim identified the defendant, who lived near the McDonald's where she worked. Defendant was arrested in September of 1988 and was convicted in 1993 and served four years in prison. When released, he had to register as a sex offender and su... More...
   $0 (08-04-2016 - NJ)

United States of America v. Michael Herb Videau

Oakland, CA - Former Southwest Airlines Baggage Handler Pleads Guilty To Violating Airport Security Requirements For The Purpose Of Drug Trafficking

Former Southwest Airlines baggage handler Michael Herb Videau pleaded guilty in federal court today to entering an airport area in violation of security requirements and distribution of marijuana, announced United States Attorney Brian J. Str... More...
   $0 (08-03-2016 - CA)

Paris Defrance Michael v. The State of Texas

A jury convicted Paris Defrance Michael of sexual assault, trafficking, and compelling
prostitution, all involving a fourteen-year-old girl, and assessed punishment at concurrent prison
terms of sixty-five years. In one issue, appellant contends the trial court erred in admitting a
detective’s expert testimony on child sex trafficking. We conclude this issue is without merit. In ... More...
   $0 (08-03-2016 - TX)

Lauro Arizpe v. The State of Texas

When M.W. was thirteen, she began dating Zachary Robinson, who was sixteen. M.W.
told Robinson she was fifteen. M.W. became pregnant with Robinson’s child, and a school
counselor reported her pregnancy to the Grand Prairie Police Department. Brad Makovy, a
detective with the Grand Prairie Police Department, was assigned to investigate the potential
sexual assault of M.W. by ... More...
   $0 (08-03-2016 - TX)

Daniel Mavero v. The State of Texas

Appellant was charged by information with violation of a protective order. The
information alleged appellant intentionally or knowingly communicated with J.S., “a protected
individual and a member of the family and household, by contacting [her] via telephone . . . in
violation of an order issued by the 330th District Court . . . under authority of Section 6.504 and
Chapter 8... More...
   $0 (08-03-2016 - TX)

Emajin Trevon Jackson v. The State of Texas

At approximately 1:00 a.m., after returning from Houston, Sheila Etonga was alone in her
apartment complex parking lot. She was removing her suitcase and backpack from the trunk of
her car when a young man, later determined to be Jackson, came toward her. Jackson asked to
use her cell phone and Etonga said, “No.” Jackson told Etonga that he had been locked out of
the house a... More...
   $0 (08-02-2016 - TX)

Joe William Meuret, Jr. v. The State of Texas

In October of 2013, a condom was found on the bathroom floor in A.T.’s home. A.T.’s
sister, and primary caregiver, contacted other family members for assistance. Although A.T.’s
communication skills were limited, A.T. relayed that the condom came from Meuret. After A.T.’s
sister reported the incident to officers, A.T. was taken for a sexual assault examination. The
examinat... More...
   $0 (08-02-2016 - TX)

Roger Fountain v. The State of Texas

On July 9, 2011, Fountain and his family hosted a birthday party for
Fountain’s daughter at Hawaiian Falls waterpark in The Colony. Evan Barnett,
the regional manager of Hawaiian Falls, testified that near the end of the day on
July 9, 2011, a “guest concern” was brought to his attention: a guest was
treating a Hawaiian Falls “birthday host” in a derogatory manner. Barnett <... More...
   $0 (07-31-2016 - TX)

Arnold Ray Lamotte v. The State of Texas

Appellant Arnold Ray Lamotte, Jr., was charged with theft-by-check in the
amount of $20 or more but less than $500, a Class B misdemeanor.1 A jury found
Lamotte guilty and assessed his punishment at 180 days in jail and a $2,000 fine.
On appeal, Lamotte contends in nine issues that (1) insufficient evidence supports
his conviction, (2) the trial court erroneously instructed t... More...
   $0 (07-30-2016 - TX)

State of Nebraska v. Thomas Peterson

Lincoln, NE - Jury Convicts Former Probation Officer For Sexually Exploiting Women

The United States of America charged Thomas Peterson, age 57 with depriving four women of their civil rights while they were on probation, specifically their rights to "bodily integrity" in violation of 18 U.S.C. 242 and make false statements to a government agent in violation of 18 U.S.C. 1001.

T... More...
   $0 (07-30-2016 - NE)

OCPA IMPACT, INC. v. SHEEHAN

On October 21, 2015, Respondents/Proponents Shawn Sheehan, Linda Reid, and Melvin Moran (Respondents) filed Initiative Petition No. 403 (State Question No. 779), with the Oklahoma Secretary of State. The petition seeks to amend the Oklahoma Constitution by adding a new Article 13-C. The proposed article creates the Oklahoma Education Improvement Fund, designed to provide for the improvement of pub... More...   $0 (07-29-2016 - Ok)

STATE OF KANSAS v. SCOTT D. CHEEVER

This case comes before us after the United States Supreme Court vacated our decision in State v. Cheever, 295 Kan. 229, 284 P.3d 1007 (2012), vacated and remanded 571 U.S. ___, 134 S. Ct. 596, 187 L. Ed. 2d 519 (2013), and remanded for further proceedings.

In our decision, we had held that defendant Scott D. Cheever did not waive his privilege against self-incrimination under the Fi... More...
   $0 (07-29-2016 - KS)

North Carolina State Conference of the NAACP v. Patrick L. McCrory

These consolidated cases challenge provisions of a recently enacted North Carolina election law. The district court rejected contentions that the challenged provisions violate the Voting Rights Act and the Fourteenth, Fifteenth, and TwentySixth Amendments of the Constitution. In evaluating the massive record in this case, the court issued extensive factual findings. We appreciate and commend t... More...   $0 (07-29-2016 - NC)

MINNEHAHA COUNTY SHERIFF MIKE MILSTEAD and STATE OF SOUTH DAKOTA v. EMILY LOU SMITH

Minnehaha County Deputy Sheriff Adam Zishka arrested Emily Lou
Smith on September 30, 2014. She was later indicted for several offenses, including
three counts of simple assault against a law enforcement officer. In October 2014,
Smith served a subpoena duces tecum on Minnehaha County Sheriff Mike Milstead
requesting production of “[a]ll disciplinary records/reprimands/compla... More...
   $0 (07-29-2016 - SD)

MINNEHAHA COUNTY SHERIFF MIKE MILSTEAD and STATE OF SOUTH DAKOTA v. JOSEPH PATRICK JOHNSON

On April 30, 2014, Minnehaha County Detectives Joe Bosman, Craig
Butler, and Ryan Qualseth arrested Joseph Patrick Johnson on a misdemeanor
child-support warrant. He was later indicted for several offenses, including two
counts of simple assault against a law enforcement officer (Detective Qualseth).
Detective Qualseth was the only detective involved in the physical altercati... More...
   $0 (07-29-2016 - SD)

United States of America v. Richard Anthony Root

Richard Anthony Root, 52, of Granger, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on July 22, 2016, for being a felon in possession of a firearm. Root was arrested in Granger, Wyoming. He received 38 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Sweetwater... More...   $0 (07-28-2016 - WY)

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