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Statute of Limitation Law
 
STATE OF KANSAS v. DAVIN R. SPRAGUE

Davin Sprague and his wife Kandi were living with their three children in a country home in rural Saline County, Kansas. On July 23, 2010, Sprague became aware that Kandi was on the verge of leaving him and filing for divorce. Sprague's mother, Ann Fleming, came to the Sprague home early that afternoon to take her grandchildren for the
weekend. Later that day, Kandi and her mother, Anna Chr... More...
   $0 (09-11-2016 - KS)

United States of America v. Humboldt County

San Francisco, CA - Justice Department Settles With Humboldt County To Resolve Americans With Disabilities Act Violations

The Justice Department announced a proposed consent decree today with Humboldt County resolving claims that the county violated Title II of the Americans with Disabilities Act (ADA).

The consent decree, which... More...
   $0 (09-11-2016 - CA)

KENNETH RAY FRIDAY v. THE STATE OF OKLAHOMA

The Appellant, Kenneth Ray Friday, appeals from an order entered by the Honorable Deborrah Ludi Leitch, Special Judge, revoking Appellant's three year suspended sentence in Case No. CF-2011-3968 in the District Court of Tulsa County. On July 11, 2013, Appellant entered a plea of guilty to Uttering a Forged Instrument, after former conviction of two or more felonies. He was convicted and sentenced... More...   $0 (09-09-2016 - Ok)

MICHAEL HINES TOLLETT v. THE STATE OF OKLAHOMA

Appellant Michael Hines Tollett was tried and convicted in a bench trial in Stephens County District Court, Case No. CF-2012-30, for the crime of Omitting to Provide for a Minor Child, in violation of 21 O.S.2011, § 852(A). The Honorable Dennis L. Gay sentenced Tollett to a four (4) year suspended sentence to run concurrent with his sentence in Jefferson County, Case No. CF-2013-28. The court also... More...   $0 (09-09-2016 - Ok)

STATE OF KANSAS v. SCOTT LEE BEDELL

As part of his punishment for a previous crime, Bedell was required to register every 3 months under the Kansas Offender Registration Act. He didn't show up for his May 2015 registration, so he was arrested the next month and charged with an offenderregistration violation. Bedell waived his right to a preliminary hearing and pled guilty to that charge. The court sentenced Bedell as recommended in ... More...   $0 (09-09-2016 - KS)

STATE OF KANSAS v. ANDREW C. GREENE, JR.

In 2011, a jury convicted Greene of rape in violation of K.S.A. 21-3502(a)(1)(C). The facts relating to Greene's jury conviction were set forth by our Supreme Court in Greene's direct appeal and do not need to be repeated here. State v. Greene, 299 Kan. 1087, 1088-91, 329 P.3d 450 (2014). At his original sentencing hearing, Greene was adjudged an aggravated habitual offender, pursuant to K.S.A. 21... More...   $0 (09-09-2016 - KS)

STATE OF KANSAS v. TAMMY JUANITA SANDERS

In accordance with a plea agreement, Sanders pled no contest to aggravated battery, a severity level 7 person felony, in violation of K.S.A. 2015 Supp. 215413(b)(1)(C). The State alleged that Sanders struck Larry McMillian with a "baseball bat or club" more than once on his left elbow and caused McMillian to sustain "extensive bruising and swelling to the extent he was not able to use his elbow fo... More...   $0 (09-09-2016 - KS)

STATE OF KANSAS v. JOSHUA M. HORN

Horn's case presents a lengthy procedural history. On April 4, 2007, the State charged Horn with one count of aggravated criminal sodomy, one count of aggravated indecent liberties with a child, and one count of attempted rape. On January 14, 2008, pursuant to plea negotiations, Horn pled guilty to an amended charge of attempted
aggravated criminal sodomy, and the State dismissed the remainin... More...
   $0 (09-09-2016 - KS)

STATE OF KANSAS v. KEVIN FUNDERBURK

In December 2010, Funderburk convinced a 71-year-old woman to let him sleep at her house out of the cold for a few hours. Once inside, Funderburk took off his pants and underwear and attacked the woman. He told her that he was going to have sex with her and called her a bitch. He punched the woman in the face several times and bit her on both arms, resulting in swelling of the face and visible bit... More...   $0 (09-09-2016 - KS)

STATE OF KANSAS v. ELTON L. SHERMAN

A jury convicted Elton Sherman of first-degree felony murder for the killing of Cecilio Mendez done while committing an aggravated battery against William Chirod Lewis. It was undisputed at trial that Sherman and Lewis knew each other—Lewis' wife was Sherman's girlfriend's sister. The two would see each other at family gatherings but were not close friends. On the night of the killing, both Lewis ... More...   $0 (09-09-2016 - KS)

STATE OF KANSAS v. JERRY THACH

Thach's trial spanned 7 days and included testimony from 29 witnesses. We need not recount the entirety of the trial and will instead focus on the testimony most relevant to Thach's appeal—that of Vat Sana Khamvongsa, who participated in the crimes; law enforcement officers who took Thach's statement; and the coroner. Khamvongsa testified Thach picked him up around 9 p.m. on August 3, 2012. Th... More...   $0 (09-09-2016 - KS)

Solis met Natasha Crump at Job Corps in Manhattan, and a live-together relationship ensued that resulted in the birth of a child, Alizaia. The family moved to the Johnson County area, and the relationship became volatile and violent. In March 2006, Solis was charged with domestic battery for an incident in which he tried to throw Crump and Alizaia out of the apartment; he was on probation at the t... More...   $0 (09-09-2016 - KS)

STATE OF KANSAS v. CHRISTIAN J. MCCORMICK

This case arose out of a small January 2012 gathering in McCormick's basement. Nineteen-year-old McCormick was joined by 19-year-old Seth LeClair and two 13-year
old girls, B.P. and K.C. B.P. and K.C. had given the boys money to purchase alcohol for them to drink at McCormick's house that evening.
Everyone present drank multiple shots of vodka. B.P. would later testify that she rememb... More...
   $0 (09-09-2016 - KS)

Armstrong v. Bromley Quarry & Asphalt, Inc.

This is a civil trespass and conversion case in which plaintiffs seek monetary damages for the unauthorized subsurface mining of 855,500 tons of limestone. Bromley Quarry & Asphalt, Inc., admits it extracted some rock but disputes the extent of its liability. We must decide: (1) if the statute of limitations began to run because the conversion was reasonably ascertainable by the plaintiffs more ... More...   $0 (09-09-2016 - KS)

STATE OF KANSAS v BREONNA M. WILKINS

During the early morning hours of July 21, 2011, Lori Allison was shot and Natalie Gibson was murdered in the carport behind their home in Topeka, Kansas. On August 2, 2011, police met with Bayate Covington who provided information about the attempted robbery and killing. Soon afterwards, nine individuals, including Covington, were arrested and charged as codefendants related to these crimes. More...   $0 (09-09-2016 - KS)

STATE OF KANSAS v. JUNIOR SANCHEZ

In March 2014, the State charged Sanchez with two counts of aggravated battery, in violation of K.S.A. 2011 Supp. 21-5413(b)(1)(A), and one count of conspiracy to commit aggravated battery, in violation of K.S.A. 2011 Supp. 21-5302.
During voir dire, the district court asked the members of the first panel of possible jurors whether anyone knew Sanchez or any of the victims.
F.G. stat... More...
   $0 (09-08-2016 - KS)

STATE OF KANSAS v. JARED C. SHULL

On June 3, 2014, the State charged Shull with two counts of sexual exploitation of a child under 18 years of age, severity level 5 person felonies, and three counts of sexual exploitation of a child under 14 years of age, off-grid person felonies. Following plea negotiations, the State filed an amended complaint charging Shull with five counts of sexual exploitation of child under 18 years of age.... More...   $0 (09-08-2016 - KS)

CLINT E. WOODS v. STATE OF KANSAS

In September 2002, Davonta Mitchell and Antonio Allen were fatally shot at a Wichita park, and Kilmonte Loudermilk was wounded. Based on this incident, the State charged Woods with two counts of first-degree murder and a single count of aggravated battery. But before the scheduled jury trial, Woods agreed to plead guilty to a single count of second-degree murder.
At the plea hearing, he tol... More...
   $0 (09-08-2016 - KS)

Monster Heavy Haulers, LLC v. Goliath Energy Services, LLC

Monster is in the oil field construction, trucking, and rigging business. Rossco is in the business of providing various crane and rigging services. Goliath is a limited liability company with its principal place of business located in Grand Junction, Colorado, and it conducted business in North Dakota. Satterfield is Goliath's president and Karl Troestler was its chief financial officer. Both Ros... More...   $0 (09-08-2016 - ND)

STATE OF MONTANA v. WILLIAM ALAN SAYLER

On October 18, 2013, the State charged Sayler with two counts of Partner or
Family Member Assault, Third or Subsequent Offense, both felonies. These charges
arise from allegations that on or about September 25, 2013, and on or about September
30, 2013, Sayler purposely or knowingly caused bodily injury to Fawna Rainforth
(“Fawna”), a partner or family member. The State allege... More...
   $0 (09-08-2016 - WY)

Russell Robinson, Jr. v. The State of Wyoming

Pursuant to a plea agreement, Robinson pled no contest to one count of sexual battery, a misdemeanor, in violation of Wyo. Stat. Ann. § 6-2-313(LexisNexis 2015) and to one count of false imprisonment, also a misdemeanor, in violation of Wyo. Stat. Ann. § 6-2-203(a) (LexisNexis 2015). Because the plea was one of no contest, Robinson was not required to provide a factual basis himself.1
[¶4... More...
   $0 (09-08-2016 - WY)

Scenic America, Inc. v. United States Department of Transportation, et al.

In 1965, Congress enacted the Highway Beautification Act to control “the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the Interstate System . . . in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty.” 23 U.S.C. § 131(a). The HBA penalizes those... More...   $0 (09-07-2016 - DC)

STATE OF CONNECTICUT v. ANDREW DICKSON

The issue that we must resolve in this certified appeal is whether we should overrule this court’s holding in State v. Smith, 200 Conn. 465, 469, 512A.2d189(1986),1andholdthatinherentlysuggestive in-court identifications are inadmissible even in the absence of a suggestive pretrial identification procedure. The defendant, Andrew Dickson, was charged withavarietyofoffensesafterheshotthevictim,Albe... More...   $0 (09-07-2016 - CT)

STATE OF CONNECTICUT v. DANIEL W. E.*

Following a jury trial, the defendant, Daniel W. E., was found guilty of two counts of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2) and one count of risk of injury to a child in violation of General Statutes (Rev. to 2001) § 53-21 (a) (2). The victim, his daughter, was between six and nine years old at the time of the assaults. The trial court rendered judgm... More...   $0 (09-07-2016 - CT)

STATE OF CONNECTICUT v. DUSTIN RUOCCO

After a jury found the defendant, Dustin Ruocco, guilty of burglary in the third degree and larceny in the third degree, the Appellate Court reversed his conviction upon concluding that it was plain error for the trial court not to instruct the jury, as mandated by General Statutes § 54-84 (b),1 that it may draw no unfavorable inferences from the defendant’s failure to testify. State v. Ruocco, 15... More...   $0 (09-07-2016 - CT)

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