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More...   $0 (09-24-2018 - KS)

The child involved in this case was Garza�s great-grandson, G.G.,3 who was five years old at the time of the assault. The child involved in the companion case, C.V., was six years old and was visiting Garza�s home at the time of the assault. G.G.�s mother, Lacy,4 testified that Garza was living with Lacy�s mother, whom G.G. called Nana, in a house in Windom during the late summer of 2... More...   $0 (09-19-2018 - TX)

This case presents the question of whether Colorado’s recently enacted
sentencing scheme for juvenile offenders who received unconstitutional mandatory
sentences to life in prison without the possibility of parole (“LWOP”) violates the
Special Legislation Clause of the Colorado Constitution. We conclude that it does not.
¶2 Based on acts that Brooks committed when he was fifte... More...   $0 (09-18-2018 - CO)

Mother is the biological mother of J.D.P., J.L.T., and T.K.C. Each child has a different father. In this appeal we are only concerned with the issue of the termination of Mother's rights. The record is extensive but a brief overview of the proceedings is helpful to an understanding of the issues on appeal. J.D.P., J.L.T., and T.K.C. were all adjudicated to be CINC in separate legal proceedings ... More...   $0 (09-17-2018 - KS)

Joe Ribakoff, a frequent attendee at meetings of the Long
Beach Transit Company Board of Directors, filled out a public
speaker’s card and spoke on agenda item 10 at the board’s
August 24, 2015 meeting for the three minutes allowed each
public speaker on an agenda item. When he rose to speak a
second time on the same agenda item, it was during the board’s
deliberation and v... More...   $0 (09-16-2018 - CA)

We are called upon once again to determine the scope of persons who the Commonwealth may lawfully seek to commit as sexually dangerous persons under G. L. c. 123A. 2 General Laws c. 123A, § 12 (b), authorizes the Commonwealth to file a petition to civilly commit a "prisoner or youth" deemed likely to be a "sexually dangerous person" (SDP), as that phrase is defined in G. L. c. 123A, § 1. "Pr... More...   $0 (09-16-2018 - MA)

Joe Ribakoff, a frequent attendee at meetings of the Long
Beach Transit Company Board of Directors, filled out a public
speaker’s card and spoke on agenda item 10 at the board’s
August 24, 2015 meeting for the three minutes allowed each
public speaker on an agenda item. When he rose to speak a
second time on the same agenda item, it was during the board’s
deliberation and v... More...   $0 (09-14-2018 - CA)

Oklahoma Attorney Mutual Insurance Company v. Christopher Mansfield, David A. Cox, Elizabeth Fox, Gayle Boyle, Sharon C. Hart, Kathryn R. Stewart, Jim McGough, and Catherine Welsh seeking a declaratory judgment determining a real and justiciable controversy among the parties respecting their rights and obligations under a certain insurance contract.

Mansfield was an attorney who practiced... More...   $0 (09-13-2018 - OK)

The City of Pensacola, Florida appeals a district court decision ordering it to remove a 34-foot Latin cross from a public park on the ground that the City’s maintenance of the cross violates the First Amendment’s Establishment Clause. Having concluded that we are bound by existing Circuit precedent, we find ourselves constrained to affirm.
I
The pertinent facts are undisputed. In 1941, th... More...   $0 (09-12-2018 - FL)

Real parties in interest Carlton and Raye Lofgren, as Trustees of the Lofgren
Family Trust and the Lofgren 1998 Trust (the Lofgrens), sought a residential
development permit to build six single-family homes on a parcel of just over 11 acres in
Riverside. After respondent City of Riverside (the City) approved the permit and issued
a negative declaration stating the development did n... More...   $0 (09-11-2018 - CA)

After preparing an environmental impact report (EIR) defendant City and County
of San Francisco (City) approved revisions of the housing element of its general plan.
San Franciscans for Livable Neighborhoods (SFLN) filed a petition for writ of mandate
challenging the adequacy of City’s EIR. The trial court denied relief and we affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
A. The... More...   $0 (09-09-2018 - CA)

Although an in-depth examination of oil-and-gas principles is not necessary to resolve the merits of this appeal, we pause briefly to define the various rights at issue in a mineral estate so as to ground our subsequent discussion and provide context as to what rights the McDaniels purportedly believed they were conveying, and what rights may have actually been conveyed in the agreement the Mc... More...   $0 (09-02-2018 - TX)

Wendy Younger purchased the lot at issue in the Montana Vista area in 1997. She purchased the property as part of an agreement between the Paso View Christian Association and the Montana Vista Volunteer Fire Department. Due to a rash of fires and resulting property loss in the area, the Association donated two lots on Kyle Road to the Fire Department in exchange for the department building a... More...   $0 (09-02-2018 - TX)

K. Rajan is a pharmacist at the BZ Pharmacy in Harris County, Texas. While he was alone in the pharmacy, three men entered the store, and one of the men pointed a firearm at him as they robbed the pharmacy of money, mediations, and various items from the pharmacy safe. Fingerprints recovered during the police investigation were linked to Allen, who was later convicted of aggravated robbery wi... More...   $0 (08-31-2018 - TX)

Plaintiff William Jae Kim (Kim) was severely injured after he lost control
of his Toyota Tundra pickup truck and drove off an embankment. Together with
his wife, Kim brought this strict products liability suit against defendant Toyota
Motor Corporation and related entities (collectively, “Toyota”), claiming that the
pickup truck was defective because its standard configuration did ... More...   $0 (08-31-2018 - CA)

According to the State, a law enforcement officer stopped a vehicle driven by Corona on October 19, 2017, after she failed to dim her headlights. The officer thereafter detected the odor of alcohol emanating from Corona, and she refused to submit to an onsite screening test for intoxication and a subsequent Intoxilyzer test. The State charged her with driving under the influence for refusing a che... More...   $0 (08-30-2018 - ND)

Matthew Durham appeals his convictions and sentence on four counts for illicit
sex with minors in Kenya after travelling there from the United States. This opinion
addresses the following eight issues presented for appellate review.
1. Is 18 U.S.C. § 2423(c), the statute on which the convictions
were based, unconstitutional on its face and as applied to Mr.
Durham because it ex... More...   $0 (08-30-2018 - OK)

Article XIII C of the California Constitution1 prohibits local governments
from imposing, increasing, or extending any tax without voter approval. Excepted
from the definition of tax is any charge imposed for a service or product that does
not exceed the reasonable costs of providing it.
The City of Redding operates an electric utility as a department of its city
government. Ea... More...   $0 (08-28-2018 - CA)

Plaintiff Howard Pittman (“Pittman”) sued two mortgage servicers, iServe Servicing, Inc. (“iServe”) and Servis One, Inc., d/b/a BSI Financial Services (“BSI”), for negligent and willful violation of the Fair Credit Reporting Act (“FCRA”) pursuant to 15 U.S.C. §§ 1681n and 1681o. He also sued BSI for breach of contract. Pittman appeals from several decisions entered by the district court denying Pi... More...   $0 (08-25-2018 - MI)

Dallas, TX - Benjamin Thomas Reavis and Kristi CArol Reavis, individually and as next friends of Owen Reavis, age 3, and Emily Reavis, age 5, sued Toyota Motor Corporation and Toyotya Motor Sales, U.S.C., Inc. on product liability theories claiming that the 2002 Lexus ES 300 sedan was defective and unreasonably dangerous and that the defect in the vehicle directly caused injuries to the children i... More...   $202000000 (08-18-2018 - TX)

The State charged Fleming with theft, aggravated robbery, and aggravated burglary after an investigation revealed evidence that he and others broke into a residence at night and took property. The noise they made while entering the residence startled Carrington Dean and Quintez Secka, who had been asleep in separate upstairs bedrooms.
Dean was a guest who was sleeping over that night, and Sec... More...   $0 (08-17-2018 - KS)

Under California law, can a loan contract include an interest rate term so
high that it is “unreasonably and unexpectedly harsh,” “unduly oppressive,” or “so
one-sided as to shock the conscience”? (Sanchez v. Valencia Holding Co.,
LLC (2015) 61 Cal.4th 899, 910–911 (Sanchez).) What the Ninth Circuit asks us
to resolve in this case is a more specific version of that question: C... More...   $0 (08-17-2018 - CA)