An individual who litigates pro se is ineligible for attorney’s fees under the Freedom of Information Act (FOIA); the same is not ordinarily true of an organization that represents itself. This appeal asks whether a particularly small nonprofit corporation that represented itself is barred from recovering attorney’s fees under FOIA for the same reasons that render a pro se individual ineligible. ... More...   $0 (01-17-2016 - DC)

With the Family Smoking Prevention and Tobacco Control Act of 2009, Pub. L. No. 111-31, § 101 (2009), Congress directed the Food and Drug Administration to establish a twelve-member Tobacco Products Scientific Advisory Committee, the duties of which included reporting on the safety of menthol cigarettes. 21 U.S.C. §§ 387g(e), 387q.1 The Committee has now reported. While the FDA has issued a no... More...   $0 (01-17-2016 - DC)

The following evidence was presented to the jury at trial. On February 20, 2002, at approximately 1:19 a.m., an operator with the Knox County Emergency Communications District received a call from Mr. Gene Mitchell regarding an incident at the Defendant‘s home. Knoxville Police Department (KPD) Officer Josh Shaffer was nearby and responded to the call at approximately 1:23 a.m. When he arrived ... More...   $0 (01-16-2016 - TN)

II. BACKGROUND On December 26, 2010, Timothy Warren was stabbed when a fight broke out during a party in Norfolk, Nebraska. Warren died from his injuries. Our opinion in State v. Trice3 recited the circumstances surrounding the stabbing and summarized the evidence adduced at Trice’s first trial. In most respects, the evidence adduced at Trice’s second trial was similar to that adduced at his first... More...   $0 (01-15-2016 - NE)

On December 26, 2010, Timothy Warren was stabbed when a fight broke out during a party in Norfolk, Nebraska. Warren died from his injuries. Our opinion in State v. Trice3 recited the circumstances surrounding the stabbing and summarized the evidence adduced at Trice’s first trial. In most respects, the evidence adduced at Trice’s second trial was similar to that adduced at his first trial. We reci... More...   $0 (01-15-2016 - NE)

Federal law lacks a generic statute addressing nonconsensuarape, as every state has. Instead, 18 U.S.C. § 2241 prohibits aggravated forcible sexual assault. 18 U.S.C. § 2242(2) covers the less frequent scenario where an assailant sexually assaults a victim who is (A) mentally incapable of understanding what is happening, or (B) physically incapable of resisting the assault. Under § 2242(2)(A), s... More...   $0 (01-14-2016 - AZ)

Defendant Brenton Lee Hobbs was involved in a fight outside a bar in Emporia after being escorted outside. The fight may have begun and certainly ended when Hobbs punched Scott Nienke, and Nienke fell to the ground, hitting his head on the bumper of a car. Nienke suffered a life-threatening injury but ultimately survived. Hobbs was arrested and later convicted of aggravated battery. Hobbs appeale... More...   $0 (01-12-2016 - KS)

This motion calls upon us to consider whether we should adopt the “prison mailbox rule” and hold that a notice of appeal is deemed filed for purposes of Vermont Rule of Appellate Procedure 4 when an unrepresented incarcerated inmate delivers it to
the prison authorities for forwarding to the court clerk. Houston v. Lack, 487 U.S. 266, 276
(1988). We previously dismissed petitioner’s ap... More...   $0 (01-09-2016 - VT)

A jury found the appellant, Tyler C. Bain, guilty of four felonies stemming from his assaults of his former wife with whom he was living: kidnapping, first degree sexual assault, second degree assault, and making terroristic threats. Regarding the kidnapping conviction, the court found that statutory mitigating circumstances did not exist. It convicted Bain of a Class IA felony for kidnapping and ... More...   $0 (01-08-2016 - NE)

In Turner v. PCR, Inc., 754 So.2d 683 (Fla.2000), we reaffirmed the existence of an intentional-tort exception to the otherwise exclusive nature of the statutory remedy provided by the Workers' Compensation Law. Under the intentional-tort exception, an injured employee can avoid the exclusive-remedy provision of the Workers' Compensation Law and sue his employer in tort if his workplace injury w... More...   $0 (01-08-2016 - FL)

Plaintiffs brought this lawsuit claiming that federal agencies unlawfully neglected to manage stocks of river herring (alewives and blueback herring), and shad (American shad and their smaller relatives, hickory shad) in the Atlantic Ocean from New York to North Carolina. These are schooling ocean fish. In early spring, as waters warm, river herring and shad begin their annual spawning runs into... More...   $0 (01-07-2016 - )

Defendant was convicted of two counts of first degree murder for the February
28, 2011, killings of Joey Maestas (Maestas) and Sara Salazar (Salazar) in Rio Arriba
County. He was also convicted of tampering with evidence for the destruction by fire
3 of the vehicle in which the bodies were found. The jury convicted Defendant based
4 largely on circumstantial evidence showing that D... More...   $0 (01-05-2016 - NM)

We summarize the trial testimony. At about 2:30 a.m. on April 13, 2011, Officer Mathew Brescia was alone on patrol in the Township of Union. At a darkened gas station, he saw a Subaru Impreza wagon parked next to the gas pump, with Armerding standing next to the rear passenger side. Knowing the gas station was closed, Brescia pulled in and exited his patrol car. He saw the gas pump was illuminated... More...   $0 (01-03-2016 - NJ)

Possession of a controlled substance requires specific intent to exercise control over the substance, with knowledge of the nature of the substance. The possession of a controlled substance may be immediate and exclusive, jointly held with another, or constructive as where the drug is kept by the accused in a place to which he or she has some measure of access and right of control. Proof o... More...   $0 (01-03-2016 - KS)

"On July 17, 2004, Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett, of the Birmingham Police Department, were shot and killed, and a fourth officer, Officer Michael Collins, also of the Birmingham Police Department, was shot but survived. Officer Collins testified that while on patrol that morning, he heard a radio transmission from Officer Owen indicating that Officer Owen wa... More...   $0 (01-02-2016 - AL)

This case requires us to decide whether, in a murder prosecution, a jury can find a defendant guilty of voluntary manslaughter, as opposed to murder, on the basis of evidence that the defendant's actions were influenced by a serious psychological condition that does not rise to the level of insanity and does not negate the defendant's specific intent to kill. It also obliges us to reconcile dispar... More...   $0 (01-02-2016 - VT)

Following a drunk-driving crash on the Isleta Pueblo in New Mexico, in which three people were killed and another severely injured, Lente pled guilty to three counts of involuntary manslaughter and one count of assault resulting in serious bodily injury. According to the pre-sentence investigation report (“PSR”), her advisory Guidelines range was 46 to 57 months' imprisonment. However, the distric... More...   $0 (01-02-2016 - NM)

The appellant, Jerry Bohannon, appeals his convictions for two counts of murder defined as capital by § 13A-5-40(a)(10), Ala. Code 1975, because Anthony Harvey and Jerry DuBoise were murdered by one act or pursuant to one scheme or Page 2 course of conduct. The jury recommended, by a vote of 11 to 1, that Bohannon be sentenced to death. The circuit court followed the jury's recommendation and sen... More...   $0 (01-02-2016 - AL)

This case involves consolidated petitions for review filed by Dalton Trucking, Inc., et al. (hereinafter “Dalton Trucking”) and American Road and Transportation Builders Association (“ARTBA”), challenging a final decision by the Environmental Protection Agency (“EPA”). EPA’s contested decision authorized California regulations intended to reduce emissions of particulate matter and oxides of nitro... More...   $0 (01-01-2016 - DC)

The pertinent facts follow. SB 126, enacted in 2013, amended RSA chapter 357-C to define “motor vehicle” as including “equipment,” which “means farm and utility tractors, forestry equipment, industrial equipment, construction equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories, and repair parts.” Laws 2013, 130:1 (quotations omitted); see RSA 357-C:1, ... More...   $0 (12-31-2015 - NH)

The question presented by this case is whether the district court abused its
discretion when it excluded evidence of an Alford plea entered during a previous criminal
proceeding regarding the same course of conduct from being considered in a subsequent
civil trial. The civil jury found respondent Ralph Liebsch not liable for sexual assault and
battery against appellant Jane Do... More...   $0 (12-31-2015 - MN)

On May 14, 2012, Erpelding filed a complaint with the district court to establish paternity, custody, visitation, and child support of his 4-year-old daughter, Grace Erpelding, who was born out of wedlock. In July 2012, the court entered a temporary parenting plan granting primary physical and legal custody of Grace to her mother, Diane Southall. On August 20, the court ordered Erpelding to pay te... More...   $0 (12-31-2015 - NE)

We granted the State's request for a common law writ of certiorari to review a pretrial circuit court order in this capital retrial proceeding. We affirm the circuit court's order. Respondent's first capital conviction and sentence were reversed on appeal because he was denied his constitutional right to represent himself at trial. State v. Barnes, 407 S.C. 27, 753 S.E.2d 545 (2014); see Farett... More...   $0 (12-28-2015 - SC)

In the early morning hours of May 27, 2010, Molly Kate McWhirter (the “victim”) was seriously injured during an altercation with Terrence Justin Feaster (the “Defendant”) at her Knoxville residence. Several weeks later, the Defendant was apprehended in South Carolina. Thereafter, he was extradited to Tennessee and indicted on one count of attempted first degree murder, one count of aggravated as... More...   $0 (12-28-2015 - TN)

Alvin Plastow spent fifteen years in prison after pleading guilty to raping a five-year-old African American female (N.H.). After his release from prison, Plastow lived with his girlfriend, Elizabeth Paige (mother of N.H.), Teerra
Raglan, and Raglan’s three-year-old African American daughter (S.G.). S.G.’s father, Michael Grace, frequently visited the home. At some point, Grace observed P... More...   $0 (12-28-2015 - SD)