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Statute of Limitation Law
 
STATE OF NEBRASKA V. DANIEL D. DAK, JR.,

On September 15, 2011, Dak was convicted by jury before the district court for Lancaster County of one count of robbery, one count of attempted robbery, and two counts of use of a firearm to commit a felony. Dak was sentenced to imprisonment for a total period of not less than 18 years,
- 1 -
nor more than 36 years. Dak’s convictions and sentences were affirmed on direct appeal to this c... More...
   $0 (12-27-2016 - NE)

Keith Kraft v. State of North Dakota

In 2015, Kraft applied for post-conviction relief to vacate his 1983 drug delivery conviction. The State moved to dismiss, arguing his application was time-barred under N.D.C.C. § 29-32.1-01. Twenty-eight days after the State's motion, and before Kraft responded, the district court dismissed. The court denied Kraft's motion for reconsideration. Kraft appeals, arguing the district court erred by di... More...   $0 (12-27-2016 - ND)

STATE OF MONTANA v. BILLY JOE WATTS

The State charged Watts with his fifth PFMA, a felony, for conduct occurring on
June 23, 2014. Watts was on probation for a 2012 PFMA conviction. Watts has four
prior PFMA convictions (2002 misdemeanor; 2003 misdemeanor; 2003 felony; and 2012
felony). The State filed a notice to classify Watts as a persistent felony offender (PFO)
based on his 2003 and 2012 PFMA convictions.... More...
   $0 (12-27-2016 - MT)

STATE OF MONTANA v. JEFFREY DAVID BEAVER

On August 12, 2014, an officer of the Motor Carrier Services Division, Montana
Department of Transportation (MDT), stopped Beaver’s commercial freightliner vehicle
in Teton County. After making the stop the officer detected the odor of alcohol and
believed that Beaver was driving under the influence. He used a portable breath test
(PBT) device and it showed that Beaver’s breat... More...
   $0 (12-27-2016 - MT)

STATE OF NEW MEXICO v. JADRIAN LUCERO

A few days after giving birth to Baby, Mother, who was fifteen years old at the
8 time, took the newborn home from the hospital to live with Baby’s Grandmother.
9 Defendant also moved into Grandmother’s house to help Mother. In the weeks that
10 followed, the young parents lived together and shared the responsibility of caring for
11 Baby. Defendant would help feed and bathe Baby,... More...
   $0 (12-27-2016 - NM)

LAWRENCE EUGENE SHAW v. UNITED STATES

A federal statute makes it a crime “knowingly [to] execut[e] a scheme . . . to defraud a financial institution,” 18 U. S. C. §1344(1), for example, a federally insured bank, 18 U. S. C. §20. The petitioner, Lawrence Shaw, was convicted of violating this provision. He argues here that the provision does not apply to him because he intended to cheat only a bank depositor, not a bank. We do not ac... More...   $0 (12-26-2016 - DC)

SAMSUNG ELECTRONICS CO., LTD. v. APPLE INC

Section 289 of the Patent Act provides a damages remedy specific to design patent infringement. A person who manufactures or sells “any article of manufacture to which [a patented] design or colorable imitation has been applied shall be liable to the owner to the extent of his total profit.” 35 U. S. C. §289. In the case of a design for a singlecomponent product, such as a dinner plate, the prod... More...   $0 (12-26-2016 - TN)

Maurice Dotson v. State of Tennessee

In May 2014, the Petitioner pled guilty to four counts of possessing a firearm during the commission of or attempt to commit a dangerous felony, a Class D felony; one count of possessing marijuana with intent to sell, a Class E felony; one count of possessing marijuana with intent to deliver, a Class E felony; one count of possessing drug paraphernalia, a Class E felony; and one count of theft of ... More...   $0 (12-26-2016 - TN)

Martez D. Matthews v. State of Tennessee

On April 25, 2009, the sixteen-year-old victim was shot by a stray bullet while inside her Davidson County residence. Three individuals, the Petitioner, Lorenzo Ortego Thomas, II, and Deangelo Monteze Moody, were indicted for the first degree felony murder of the victim and employing a firearm during the commission of a dangerous felony. Mr. Thomas‟s case was severed from his co-defendants... More...   $0 (12-25-2016 - TN)

State of Tennessee v. Travis Dewayne Melton

This appeal involves the shooting death of Donnie Wayne Tayes (“the victim”) following an incident at the Defendant‟s home in the early morning hours of September 17, 2012, involving the Defendant, the victim, and the victim‟s wife, Angel Tayes. Based upon the events of that morning, the Overton County Grand Jury indicted the Defendant for the following offenses:
Count Offense Vi... More...
   $0 (12-25-2016 - TN)

Curtis Bacon v. State of Indiana

The facts underlying Bacon’s convictions were set forth by this court in Bacon’s
direct appeal as follows:
On the night of December 4, 2010, Nick’s Nightclub in West Lafayette, Indiana, hosted a party attended by over two hundred people. At approximately 1:00 a.m. on December 5, 2010, a group which included Dion Parker, Drew Harris, Clarence Stephens, and Antwain Harrison arrived at the... More...
   $0 (12-24-2016 - IN)

Trey M. Shirely v. State of Indiana

On August 18, 2015, Shirely knowingly or intentionally possessed a synthetic
drug or a synthetic drug lookalike substance. He had a prior conviction on July
7, 2015, for possession of a synthetic drug or drug lookalike substance.
[3] On January 14, 2016, the State charged Shirely with possession of a synthetic
drug or synthetic drug lookalike substance as a level 6 felony, a... More...
   $0 (12-24-2016 - IN)

Ariel Lasos v. State of Indiana

On September 6, 2014, Lasos was part of a group of individuals fighting at a bar
in Indianapolis. The fight escalated, and Lasos retrieved a baseball bat from his
car. Lasos then used the bat to strike the back of another man’s head. That
individual, Victor Castro, had been attempting to avoid the crowd of people
fighting. Castro immediately lost consciousness after Lasos s... More...
   $0 (12-24-2016 - IN)

United States of America v. Jesse Huerra, Nancy Ann Flores, Antonio N. Flores, Bruno Rudolfo Velasquez, Joe Lopez, III, Jose G. Montez and Shayna Kaye McCann

San Angelo, TX - Defendants Convicted for Roles in Methamphetamine Distribution Conspiracy Sentenced to Lengthy Federal Prison Sentences

Senior U.S. District Judge Sam R. Cummings sentenced seven defendants who were convicted earlier this year on various charges stemming from their respective roles in a methamphetamine distribution conspiracy that operated in San Angelo, Texas, announced ... More...
   $0 (12-24-2016 - TX)

STATE OF IOWA vs. TRACY ADAM THOMPSON

In July 2015, Thompson was charged by trial information with domestic
abuse assault causing bodily injury.
On September 29, 2015 Thompson signed a written guilty plea. The plea
included an agreement that Thompson would be sentenced to two years’
incarceration, with all but 220 days suspended, and he would receive credit for
time already served. Additionally, he would re... More...
   $0 (12-23-2016 - IA)

Lindy Grace Cunningham and Michael Chad Cunningham v. Jackson Hole Mountain Resort Corporation

Lindy and Chad Cunningham sued Jackson Hole Mountain Resort Corporation
(JHMR)1 for injuries Mrs. Cunningham sustained when she collided with a trail sign
while skiing. The district court granted summary judgment for JHMR, concluding the
Cunninghams’ claims were barred by the terms of a release Mrs. Cunningham signed
* This order and judgment is not binding precedent, except under ... More...
   $0 (12-23-2016 - WY)

RICHARD ALAN DEBATES vs. STATE OF IOWA

In May 2007, Debates pled guilty to sexual abuse in the third degree, in
violation of Iowa Code section 709.4 (2005). Due to an error in his original
sentencing order, Debates was resentenced on October 4, 2007. Debates did
not file a direct appeal to his conviction. In March 2011, Debates filed a pro se
application for postconviction relief, which claimed his counsel was in... More...
   $0 (12-23-2016 - IA)

Stephen Faciszewski v. Michael R. Brown

This case concerns provisions of Seattle's "Just Cause
Eviction Ordinance," codified at Seattle Municipal Code 22.206.160(C). We must
determine whether the court in an unlawful detainer action can consider evidence
challenging just cause once the landlord files the certification allowed under Seattle
Municipal Code 22.206.160(C)(4).
The court commissioner presiding over the sho... More...
   $0 (12-22-2016 - WA)

DANNY WAYNE RANKINS vs. STATE OF IOWA

There was an armed robbery at an Arby’s restaurant in Des Moines on
January 18, 2006. Rankins was identified as the driver of the getaway car by two
witnesses. One of those witnesses was Rick Knutson. The getaway car was
stopped by police, but the other occupant of the car was able to get out and
escape on foot. A loaded revolver found in the car was later identified as the... More...
   $0 (12-21-2016 - IA)

STATE OF IOWA vs. DENNIS BROUSE

This court already established the background facts relevant to this case
in Brouse’s prior appeal:
In 2007 the Iowa legislature enacted the Iowa Film, Television, and Video Project Promotion Program (Film Program). The Film Program was created to bring filmmakers and television producers from other locations to Iowa with the hope they would spend money in Iowa and grow the economy. T... More...
   $0 (12-21-2016 - IA)

JAMIE LEE COLE vs. STATE OF IOWA

Jamie Lee Cole appeals the denial of his application for postconviction
relief. In his application, Cole raised two separate claims of ineffective
assistance of counsel: the first related to his guilty plea to assault with intent to
commit sexual abuse in 2004 (FECR 0055913); and the second related to his
guilty plea to domestic abuse assault with injury in 2012 (SRCR 008538)... More...
   $0 (12-21-2016 - IA)

STATE OF MISSOURI vs. TERRY G. SMITH

We reiterate the facts in State of Missouri v. Victoria Smith, ED103039, 2016 WL 4527588 (“Smith I”),2 in that they are similar to this appeal. The following facts, when viewed in the light most favorable to the verdict, were presented at trial:

Smith lived with Wife and their six children, including their six-year-old son, Victim.
Victim is a child on the autism spectrum. Deondus T... More...
   $0 (12-21-2016 - MO)

Tracey Dee Calvin v. The State of Texas

On October 18, 2014, Appellant overdosed on drugs. After her mother
called 9-1-1, Appellant was transported by ambulance to the emergency room at
the University of Texas Medical Branch Hospital. Appellant was combative with
EMS personnel on the way to the hospital and had to be restrained.
Appellant arrived at the emergency room at 8:38 p.m. Because she
continued to b... More...
   $0 (12-20-2016 - TX)

Juan Jimenez v. The State of Texas

In the fall of 2013, Eric Nieto and appellant, who was twenty-four, had been
friends for approximately two years. Nieto and appellant knew each other’s families,
and appellant’s girlfriend would occasionally babysit Nieto’s two small children.
Nieto, his common-law wife Cynthia Salguero, their children, and Nieto’s brother
in-law David Arriola lived in the Greenridge townhomes... More...
   $0 (12-20-2016 - TX)

Kendall Bell v. The State of Texas

When Kendall Bell was 16, the State filed a petition in a Harris County
juvenile court alleging that he had engaged in delinquent conduct by committing
aggravated robbery with a deadly weapon. On the State’s motion, the juvenile court
concluded that because of the seriousness of Bell’s offense, the welfare of the
community required criminal proceedings. It therefore waived it... More...
   $0 (12-20-2016 - TX)

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