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Statute of Limitation Law
 
THE PEOPLE OF THE STATE OF ILLINOIS v. JESUS COTTO

This appeal asks this court to decide if every postconviction petitioner represented by counsel is entitled to a reasonable level of assistance from counsel after first-stage proceedings, regardless of whether counsel was appointed or privately retained. The appellate court is split on the issue. Compare People v. Csaszar, 2013 IL App (1st) 100467, ¶ 25 (reasonable level of assistance standard doe... More...   $0 (11-20-2016 - Il)

THE PEOPLE OF THE STATE OF ILLINOIS v. ONAFFIA McFADDEN

This case involves an appeal from a conviction for unlawful use of a weapon by a felon (UUW by a felon). 720 ILCS 5/24-1.1(a) (West 2008). The conviction was based on defendant Onaffia McFadden’s possession of a firearm at a time when he had been convicted of aggravated unlawful use of a weapon (AUUW). The appellate court vacated the conviction for UUW by a felon based on this court’s decision in ... More...   $0 (11-20-2016 - Il)

THE PEOPLE OF THE STATE OF ILLINOIS v. VINCENT RIZZO

On September 17, 2013, defendant, Vincent Rizzo, was charged by uniform citation and complaint forms with (1) a violation of section 11-601.5(b) of the Vehicle Code (625 ILCS 5/11-601.5(b) (West 2012) (“A person who drives a vehicle *** at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit *** commits a Class A misdemeanor.”)) 2 in that he allegedly drove hi... More...   $0 (11-19-2016 - Il)

THE STATE OF GEORGIA v. GARLAND

In 2008, Garland was found guilty of sexual battery involving a child
based on allegations that he intentionally touched a child’s buttocks as he picked
her up during a church conference. After the verdict was returned and before
sentencing, Garland retained new counsel to represent him through sentencing
and on appeal. This attorney, to whom we refer as appellate counsel, filed ... More...
   $0 (11-19-2016 - GA)

COLLYMORE v. THE STATE OF GEORGIA

Viewed in the light most favorable to the verdicts, the record shows
that, on September 5, 2011, Gates told friends that she intended to break up with
her live-in boyfriend, Collymore, on the following day. On the morning of
September 6, 2011, Terrieon Dennard, Gates’s son, was sitting downstairs in his
mother’s house when he heard her screaming his name from her bedroom.
Terri... More...
   $0 (11-19-2016 - GA)

SIMPSON v. THE STATE OF GEORGIA

Viewed in the light most favorable to the verdict, the evidence shows
that Wyscaver’s decomposing body was found in an abandoned house on
August 29, 2008. Prior to the discovery of his body, his conservator had not
seen or heard from Wyscaver for a couple of weeks. A forensic examination
indicated that Wyscaver had died of blunt force trauma to his head. A computer
monitor, a c... More...
   $0 (11-19-2016 - GA)

THE STATE OF GEORGIA v. RANDLE SEX OFFENDER

Appellee Blake Randle is a registered sex offender who seeks release from
the sex offender registration requirements prescribed at OCGA § 42-1-12. In
this case, we granted the State’s petition for certiorari to consider one of the
criteria for eligibility for removal from the sex offender registry, namely, the
requirement that the offense that resulted in the offender’s inclusion... More...
   $0 (11-19-2016 - GA)

Fernando J. Alvarez, Jr. v. State of Indiana

The facts most favorable to the judgment establish that Alvarez and Kerri
Pendergrass had been romantically involved since May 2014. On February 23,
2015, Kerri obtained an ex parte protective order against Alvarez that restrained
him from having any contact with her. The protective order was personally
served on Alvarez the following day. Despite the protective order, Alvar... More...
   $0 (11-19-2016 - IN)

Sonny Low, et al. v. Trump University, LLC, Donald Trump

San Diego, CA - Sonny Low and others sued Trump University, L.L.C., Donald J. Trump and others on class action fraud theories.

The university represented that it would reveal Trump's real estate investing "secrets" to people who enrolled in the courses. Trump University was called "his phony university" by New York Attorney General Eric Schneiderman, who filed a companion case in New Yor... More...
   $25000000 (11-19-2016 - CA)

Gabriel G. Williams v. State of Indiana

On October 9, 2014, at around 3:00 a.m., Williams and a woman, later
identified as Judy VanHouten, were sitting in a vehicle parked in the back yard
of a residence at 417 North Walnut Street in South Bend. While seated in the
vehicle, Williams fired his Smith and Wesson Bodyguard .380 caliber semi
automatic handgun. The bullet went into and through the vinyl siding on the
... More...
   $0 (11-18-2016 - IN)

Tory D. Ward v. State of Indiana

Around May 27, 2015, Jordan Best met Ward and between that date and the
day of the arrest, June 13, 2015, the two sold methamphetamine together. On
June 8, 2015, Best and Ward left for Texas along with Erin Lance, another
dealer for Ward. Best was told that they were going to Texas to get more
methamphetamine to sell because their supply had run out. Lance was given a
s... More...
   $0 (11-18-2016 - IN)

Jimmy Lee Bush v. State of Indiana

At the time relevant to this appeal, Bush was renting a home from Tanya
Wagner (“Wagner”). Bush occupied the front of the home, but someone else
lived in a smaller apartment in the rear of the home. Bush, as the tenant in the
greater portion of the home, was responsible for the utilities. Bush believed that
the other tenants were running up his utility bill, so he turned off th... More...
   $0 (11-18-2016 - IN)

Timothy J. Hughes v. State of Indiana

In March of 2015, Hughes entered into an informal adjustment for a
delinquency alcohol violation. During that adjustment, Hughes participated in
a dual diagnosis program that was designed to address his mental health and
substance-abuse issues. Less than a month after Hughes was released from
supervision in that case, he quit working with his sponsor, quit attending
meet... More...
   $0 (11-18-2016 - IN)

State of Minnesota vs. Kristyn Nicole Schouweiler

In February 2015, Schouweiler issued a check in the amount of $1,969.07 to the
Wabasha County Auditor/Treasurer for past-due property taxes payable in 2014. The
check was not honored by Schouweiler’s bank, which returned it for insufficient funds.
The County Auditor/Treasurer mailed a notice to Schouweiler, informing her that she had
5 days to make a valid payment, but she fa... More...
   $0 (11-18-2016 - MN)

State of Minnesota, ex rel. Demetris L. Duncan vs. Tom Roy, Commissioner of Corrections

On the evening of July 8, 2000, Duncan entered a stranger’s apartment, located in
St. Cloud, through an unlocked door. Duncan proceeded to the bedroom, where he found
a woman asleep in bed with her young child. Duncan woke up the woman, threatened her
with a knife, and dragged her into the next room, where he raped her.
Duncan was charged with first-degree criminal sexual... More...
   $0 (11-18-2016 - IA)

SHANNON BREEDEN and LAURA HOCHMUTH vs. IOWA DEPARTMENT OF CORRECTIONS

The parties stipulated to the following facts. Breeden and Hochmuth were incarcerated under the custody of the IDOC.3 Breeden was convicted of attempted murder and sentenced to an indeterminate term of twenty-five years.4 She was age sixteen at the time of her offense. She began serving her prison sentence on March 3, 2003.
Hochmuth was convicted of second-degree kidnapping, first-degree... More...
   $0 (11-18-2016 - IA)

STATE OF MISSOURI ex rel. CRYSTAL BOLLINGER vs. THE HONORABLE SCOTT L. BERNSTEIN

Bollinger was cited for careless and imprudent driving involving an accident, a
class A misdemeanor (§ 304.012). That ticket was received by and filed with the court.
Bollinger was arraigned, entered a guilty plea that was accepted, was sentenced to pay

1 The pertinent facts are not in dispute. Statutory citations he... More...
   $0 (11-18-2016 - MO)

STATE OF MISSOURI vs. BRIAN KEITH MCBENGE

Over two decades after Victim’s murder, a DNA analysis linked Defendant and his brother Cecil McBenge1 to evidence found on or near Victim’s property shortly after she was killed. In separate underlying cases, Defendant and Cecil were each charged with and found guilty by a jury of first-degree murder based on accomplice liability.2 The State’s fourth
substitute information in lieu of indic... More...
   $0 (11-18-2016 - MO)

STATE OF MISSOURI vs. CECIL RUSSELL MCBENGE

Over two decades after Victim’s murder, a DNA analysis linked Defendant and his brother Brian McBenge1 to evidence found on or near Victim’s property shortly after she was killed. In separate underlying cases, Defendant and Brian were each charged with and found guilty by a jury of first-degree murder based on accomplice liability.2 The State’s third
substitute information in lieu of indict... More...
   $0 (11-17-2016 - MO)

PORTIA MCMILLAN vs. PILOT TRAVEL CENTERS. LLC

This lawsuit involves an action filed by Appellant Portia McMillan for injuries she
allegedly sustained on October 23, 2013 in Louisiana. McMillan’s first action was filed in Missouri on June 13, 2014, within the Louisiana one-year statute of limitations.1 On November
16, 2015, McMillan voluntarily dismissed her first lawsuit without prejudice in accordance with
R.S.MO. § 516.230, ... More...
   $0 (11-17-2016 - MO)

United Food v. Wal-Mart Stores Inc.

This case is a continuation of litigation that has been ongoing between these parties
both in Arkansas and across the nation. UFCW is a national labor organization. OUR
Walmart is a subsidiary of UFCW; it is an association of current and former Walmart
employees (“associates”) and their supporters whose purpose is, in part, to help associates on
issues related to their employ... More...
   $0 (11-17-2016 - AR)

GREGORY AARON KINSEY APPELLANT v. STATE OF ARKANSAS

On July 1, 2013, Kinsey was charged with two counts of capital murder in the June
26, 2013, deaths of Brandon Prince and Nathan Young. At trial, Nathan Maynard testified
that he lived next door to Prince and across the street from Young in Fort Smith. Maynard
testified that at around 9:00 p.m., Young knocked on his door and asked him if he wanted
to come outside and drink a beer. ... More...
   $0 (11-17-2016 - AR)

STATE OF LOUISIANA Vs. WENDELL THOMAS II

On March 19, 2012, the appellant, Wendell Thomas, was convicted by an
Orleans Parish jury of possession of heroin in violation of La. R.S. 40:966(C)(1),
after which he was sentenced to serve five years at hard labor. This Court affirmed
Mr. Thomas’s conviction and sentence on June 19, 2013. State v. Thomas, 2012
1319 (La. App. 4 Cir. 6/19/13) (unpub.).
In the interim, on... More...
   $0 (11-17-2016 - LA)

JOSEPH TATNEY V. CITY OF DERIDDER, ET AL

This case is premised on a vehicular accident that occurred when a van that was owned by the City collided with another vehicle. At the time of the accident, the vehicle was operated by Roger Benoit, a State employee. The plaintiff, Joseph Tatney, an inmate at the Vernon Parish Detention Center, was a passenger in the van and suffered injury to his neck and back.
Mr. Benoit was transporting Mr... More...
   $0 (11-17-2016 - LA)

TIMOTHY BERNARD, SR., ET AL. V. LAFAYETTE CITY POLICE DEPARTMENT, ET AL.

The facts in this litigation are not clear. According to Mr. Bernard, a “blow-out” occurred on his property in October, 2014. The Lafayette Utilities
1Declinatory exceptions of insufficiency of citation and service of process, dilatory exceptions of vagueness, nonconformity of the petition, and lack of procedural capacity, and a peremptory exception of no cause of action were filed by various ... More...
   $0 (11-17-2016 - LA)

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