Adoption Law
 
In re JAYDEN M., a Person Coming Under the Juvenile Court Law.

J.M. (mother) and C.M. (father), parents of the minor Jayden M., appeal from the
juvenile court’s order terminating parental rights. (Welf. & Inst. Code, §§ 366.26, 395;
unless stated otherwise, statutory references that follow are to the Welfare and
Institutions Code.) They contend (1) the Sacramento County Department of Health and
2
Human Services (Department) and the juv... More...
   $0 (08-19-2014 - CA)

Thomas R. Okrie v. State of Michigan

Plaintiff, Thomas R. Okrie, commenced this original action petition to challenge the
constitutionality of 2013 Public Act 164 (PA 164).1 Plaintiff objects to the transfer of the Court
of Claims from the Ingham Circuit Court (the Thirtieth Circuit Court), where it has been housed
since 1978, to this Court, where appeals from the Court of Claims are also heard. Plaintiff
challenges t... More...
   $0 (08-19-2014 - MI)

The People v. Dariel Shazier

We granted the People’s petition for review after the Court of Appeal overturned, for the second time, a jury’s finding that defendant Dariel Shazier must be committed for secure confinement and treatment as a sexually violent predator (SVP) under the sexually violent predators act (SVPA; Welf. & Inst. Code, § 6600 et seq.). As the instant jury heard, defendant has served two separate prison ... More...   $0 (08-18-2014 - CA)

In re Alexandria P., a Person Coming Under the Juvenile Court Law

This case involves the placement preferences set forth in the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.).1 At issue is whether the dependency court properly applied the ICWA in finding that the foster parents of an Indian child failed to prove good cause to deviate from the ICWA’s adoptive placement preferences.
A 17-month-old Indian child was removed from the custody of her... More...
   $0 (08-15-2014 - CA)

In the Interest of K.N.D., a Child

Appellant A.D. appealed the trial court’s decree terminating her parental rights to her daughter, K.N.D. In three issues, A.D. argued that the evidence was insufficient to support the termination of her parental rights and the appointment of the Texas Department of Family and Protective Services as sole managing conservator.
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Following prior precedents of this court, we previously held ... More...
   $0 (08-14-2014 - TX)

Idaho Department of Health & Welfard v. Cathie Peterson

This case arose out of the Department of Health and Welfare’s (IDHW) attempt to recover Medicaid benefits from Melvin Peterson’s estate that were paid during his lifetime. At issue is whether any part of a real estate transfer from Melvin Peterson to his daughter Cathie Peterson is subject to Medicaid recovery.
I. FACTUAL AND PROCEDURAL BACKGROUND
The relevant facts of this case are no... More...
   $0 (08-13-2014 - ID)

Kevin Rains v. Stayton Builders Mart, Inc.

2 Plaintiffs Kevin and Mitzi Rains filed an action against several parties
3 seeking damages for injuries sustained by Kevin when a board on which he was standing
4 broke, causing him to fall 16 feet to the ground. Kevin, who was working as a
5 subcontractor on a construction project, sustained a thoracic T12 vertebrae burst fracture
6 that resulted in paraplegia. Kevin brought cla... More...
   $0 (08-13-2014 - OR)

Christopher Joel Davey v. Margarett Jordan Royalties, Inc., et al

Christopher Joel Davey appeals from an adverse summary judgment rendered in his suit against numerous oil companies in an attempt to recover land that once belonged to his deceased father. In five issues, Davey contends that the orders rendered in the temporary administration of his father’s estate are void for want of jurisdiction, the deeds purportedly conveying property to Margarett Jordan Ro... More...   $0 (08-13-2014 - TX)

Whataburger Restaurants LLC v. Yvonne Cardwell

Whataburger Restaurants LLC, Appellant, brings this interlocutory appeal of the trial court’s order denying Whataburger’s motion to compel arbitration and motion to dismiss Yvonne Cardwell’s personal injury suit. We reverse the trial court’s order and remand with instructions.
BACKGROUND
As a condition of employment, Whataburger employees are subject to the arbitration “policy”... More...
   $0 (08-13-2014 - TX)

In the interest of Q.E., C.E. and K.E.

A mother appeals from the juvenile court’s order terminating her parental rights to three of her children.1 We affirm.
I. Background Facts and Proceedings
This family came to the attention of the Iowa Department of Human Services (DHS) in January 2013, when the mother contacted DHS because she did not feel she could parent her children safely. The mother has six children: K.E., born in 2... More...
   $0 (08-13-2014 - IA)

In the Interest of A.M.M.

A mother appeals from the order terminating her parental rights. She contends the evidence failed to prove she abandoned the child or that termination is in the best interest of the child. We conclude the district court properly terminated the mother’s parental rights on the ground of abandonment under Iowa Code section 600A.8(3)(b) (2011). We conclude termination of the mother’s parental righ... More...   $0 (08-13-2014 - IA)

United States of America v. James Winston Hayes

“Corruption,” Edward Gibbon wrote more than two centuries ago, is “the most infallible symptom of constitutional liberty.” EDWARD GIBBON, THE Case: 11-13678 Date Filed: 08/12/2014 Page: 1 of 65
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HISTORY OF THE DECLINE AND FALL OF THE ROMAN EMPIRE, Vol. II, Ch. XXI, at 805 (David Womersley ed., Penguin Classics 1995) [1781]. And so, although unfortunate, it is perhaps not surprisin... More...
   $0 (08-12-2014 - AL)

United State of America v. Nancy Mageno

Nancy Mageno’s godson, a leader of a methamphetamine
conspiracy, did not speak English fluently, so Mageno
translated telephone calls for him. As a result, Mageno was
prosecuted for knowingly joining and participating in the
drug conspiracy by fostering communication between its
participants and her godson. In a separate disposition, we
reject Mageno’s argument that the... More...
   $0 (08-11-2014 - NV)

United States of America v. Nancy Mageno

Nancy Mageno’s godson, a leader of a methamphetamine
conspiracy, did not speak English fluently, so Mageno
translated telephone calls for him. As a result, Mageno was
prosecuted for knowingly joining and participating in the
drug conspiracy by fostering communication between its
participants and her godson. In a separate disposition, we
reject Mageno’s argument that the... More...
   $0 (08-11-2014 - NV)

United States of America v. Courtney Junior Noble

On the basis of a cooperating defendant’s
tip, a Drug Enforcement Administration (“DEA”) task force set up surveillance along an
interstate in eastern Kentucky, hoping to intercept members of a methamphetamine-trafficking
operation. After fits and starts, a member of the task force located a car suspected of
involvement with the operation. That task force member—Detective R... More...
   $0 (08-08-2014 - KY)

In the Interest of K.R.L., a Minor Child

Appellant K.K.L. appeals a decree, rendered after a bench trial, terminating the parent-child relationship between him and his minor daughter, K.R.L. Among its findings, the trial court determined that the evidence supported termination pursuant to Family Code section 161.002(b)(1) because Appellant, an “alleged father,” had not filed an admission of paternity after being served in the termina... More...   $0 (08-08-2014 - )

United States of America v. Kevin Scott Thibault

KNOXVILLE, TN – Kevin Scott Thibault, 49, Maryville, Tenn., pleaded guilty to a grand jury indictment charging him with two counts of forgery of the signatures of a district court judge and an officer of the U.S. District Court.

Sentencing is set for 1:30 p.m., on Dec. 1, 2014, in U.S. District Court, Knoxville, before the Honorable Pamela L. Reeves, U.S. District Court Judge. Thibault ... More...
   $0 (08-07-2014 - tn)

In re J.T., a Person Coming Under the Juvenile Court Law.

Jasmine M. (mother) challenges a juvenile court order terminating jurisdiction over her son, J.T., and ordering regular visitation for J.T.’s paternal grandmother. Mother contends the visitation order impermissibly infringed on her fundamental parenting rights under the Fourteenth Amendment to the United States Constitution. Mother also argues the trial court abused its discretion when it denied... More...   $0 (08-07-2014 - CA)

J.M. v. G.H.

J.M. appeals from a judgment on reserved issues granting joint physical custody of his son Joey to J.M. and G.H., Joey’s mother, and allowing her to take Joey with her to live in Israel during the school year. Finding no abuse of discretion, we affirm.
BACKGROUND
We use the parties’ first names to simplify and humanize our opinion in this intensely contested custody case. (In re Marria... More...
   $0 (08-06-2014 - CA)

In re E.M. et al., Minors.

James J. and Sarah J. appeal the denial of their petition to declare Sarah's three children free from the custody and control of the children's father, Christopher M. (Fam. Code, § 7822.)1 James and Sarah also contend that the court did not have jurisdiction to issue a temporary visitation order allowing Christopher to have supervised visitation with the children during the pendency, or upon dism... More...   $0 (08-05-2014 - CA)

Kathie Gossett v. Kimberly Back

Appellant Katie Gossett (Katie) appeals the probate court’s order appointing appellee Kimberly Back (Kimberly) as the independent executrix of the Estate of Lola B. Chenoweth (the Estate). In two issues, Katie asserts (1) the probate court erred by determining she was disqualified to serve as the independent executrix of the Estate and (2) the evidence is legally insufficient to support her disq... More...   $0 (08-05-2014 - TX)

Biodiversity Conservation Alliance, f/k/a Biodiversity Associates v. Daniel J. Jiron, et al.

This appeal consolidates two cases about United States Forest Service (the “Forest
Service”) actions in the Black Hills National Forest (“BHNF”), which straddles the
Wyoming and South Dakota border.
The Appellants,1 led by Biodiversity Conservation Alliance, are non-profit entities
(collectively, “Biodiversity”) interested in species and habitat protection in the BHNF.<... More...
   $0 (08-05-2014 - WY)

Mark Van v. Portneuf Medical Center, Inc.

Mark Van appeals an adverse jury verdict on his claim against Portneuf Medical Center (PMC) for an alleged violation of the Idaho Protection of Public Employees Act, Idaho Code sections 6-2101−2109 (the “Whistleblower Act”). The jury determined that Van engaged in activity protected by the Whistleblower Act but that the termination of his employment did not result from the protected activity... More...   $0 (08-01-2014 - ID)

City of San Diego v. Melvin Shapiro

In 1978, California voters enacted Proposition 13, which amended the California Constitution by adding article XIII A (article XIII A). The amendment "plac[ed] significant limits on the taxing power of local and state governments." (State Building & Construction Trades Council of California v. City of Vista (2012) 54 Cal.4th 547, 562, fn. 3.) As pertinent here, article XIII A, section 4 provides, ... More...   $0 (08-01-2014 - CA)

In the Interest of A. S. v. Department of Family and Protective Services

This is an appeal from the termination of the parental rights of a mother, C.L.H., with respect to her daughter, A.S. See TEX. FAM. CODE ANN. § 161.001 (West Supp. 2012). On appeal, the mother argues that the evidence is legally and factually insufficient to support the trial court’s findings that she committed a
2
predicate act required for termination and that termination was in her d... More...
   $0 (07-31-2014 - TX)

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