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Avoidable Consequence Law
 
UNITED STATES OF AMERICA v. AMY GONZALEZ UNITED STATES OF AMERICA v. DAVID MATUSIEWICZ

David Matusiewicz1 and Christine Belford were married from 2001 to 2006, during which time they had three children, L.M.1, L.M.2, and K.M.1 (the “children”). The couple and their children also lived with Belford’s one child from a previous marriage, K.M.2.2 After their divorce, Belford and David engaged in a bitter custody dispute, during which David accused Belford of being an unfit mother and ... More...   $0 (09-09-2018 - DE)

JAMES J. FORBES & FAY ANNETTE FORBES vs PRIME GENERAL CONTRACTORS, INC.

This is an appeal from a final judgment on a claim for breach of contract. James and Fay Forbes sued Prime General Contractors, Inc. for breach after Prime walked off a home construction job. The Forbeses sought damages that included payments they made to Prime under the contract, payments they made for updated

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architectural plans, certain other expenses, and a loss of ... More...
   $0 (09-09-2018 - FL)

Eunice Cristina Rodriguez v. The State of Texas

Tommy Brown, who worked as a night cleaner for a Fort Worth janitorial
services company, was in a relationship with Connie Moreno.2 Moreno was a
“very petite,” Hispanic woman whom Brown regularly introduced as his wife
although they apparently were not married. In 2003 or 2004, Brown also became
involved with Rodriguez, who was taller than Moreno, heavier set, and Hispanic.3 ... More...
   $0 (09-07-2018 - TX)

Richard Sander v. State Bar of California

Appellants and petitioners Richard Sander and the First Amendment Coalition
(Petitioners) challenge the trial court’s denial of their petition for writ of mandate seeking
to obtain information from the State Bar of California’s bar admissions database.
Specifically, Petitioners seek individually unidentifiable records for all applicants to the
California Bar Examination from 1972 t... More...
   $0 (09-07-2018 - CA)

STATE OF OHIO v. NATHAN FORD

In 2006, Ford was convicted of raping multiple victims over an eight-year span between 1996 and 2004. He was sentenced to more than 100 years in prison for these rapes and other offenses. This court affirmed his convictions in State v. Ford, 8th Dist. Cuyahoga Nos. 88946 and 88947, 2007-Ohio-5722. Ford’s DNA was identified as a match on sexual assault collection kits that were submitted to ... More...   $0 (09-06-2018 - OH)

State of Ohio v. Robert D. Parker, III

On April 26, 2016, appellant was indicted on five counts: Count 1—having
a weapon while under a disability, in violation of R.C. 2923.13(A)(2), a third-degree
felony, Count 2—possession of heroin, in violation of R.C. 2925.11(A), a fourth-degree
felony, Count 3—trafficking in heroin, in violation of R.C. 2925.03(A)(2), a fourth
degree felony, Count 4—possession of cocaine, in ... More...
   $0 (09-06-2018 - OH)

State of Ohio v. Jake Paul Heiney

Heiney is an orthopedic surgeon who ran his own medical practice, called Cutting Edge Orthopedics. He operated two offices, one in Sylvania, Ohio, and the other in Lambertville, Michigan. In this case, Heiney is alleged to have touched two female patients inappropriately while examining them at his Sylvania office in early 2015. The patients, referred to as “M.S.” and “K.O.,” offered the fo... More...   $0 (09-06-2018 - OH)

STATE OF MISSOURI V. AHMAAD BETTS

Defendant was arrested and charged with three counts of first-degree robbery, three
counts of armed criminal action, one count of unlawful use of a weapon, and one count of
misdemeanor possession of a controlled substance. The State elected to proceed to trial only on
the counts of first-degree robbery and armed criminal action. Viewed in the light most favorable
to the judgmen... More...
   $0 (09-05-2018 - MO)

STATE OF KANSAS v. ROBERT F. DWERLKOTTE, JR. Sooner Cannabis Consultants Click Here For Expert Help 918-960-5038

Another panel of this court granted Robert F. Dwerlkotte, Jr., relief under State v. Dickey, 301 Kan. 1018, 350 P.3d 1054 (2015) (Dickey I), and State v. Dickey, 305 Kan. 217, 380 P.3d 230 (2018) (Dickey II), and remanded the case for resentencing using the proper criminal history score. At resentencing, the district court modified the sequencing of Dwerlkotte's sentences, not only for his challen... More...   $0 (09-05-2018 - KS)

STATE OF KANSAS v. JASON CHRISTOPHER PEREZ Sooner Cannabis Consultants Click Here For Expert Help 918-960-5038

A jury convicted Jason Christopher Perez of 11 crimes, including 3 counts of attempted first-degree murder. Perez appeals those convictions, raising four arguments on appeal. First, he argues that two of his three counts of attempted firstdegree murder are multiplicitous in violation of the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. Second, he argues that his ... More...   $0 (09-05-2018 - KS)

STATE OF FLORIDA vs. KENNETH PURDY

In Graham v. Florida, 560 U.S. 48, 75 (2010), the United States Supreme
Court held that the Eighth Amendment categorically forbids a sentence of life
without parole for juvenile nonhomicide offenders and requires that any life
sentence for a juvenile nonhomicide offender be accompanied by “some
meaningful opportunity to obtain release based on demonstrated maturity and
reh... More...
   $0 (09-04-2018 - TN)

State of Tennessee v. Eric Battle

At the Defendant’s trial on these charges, the parties presented the following evidence: Mardarius Marshall testified that he had known the Defendant for a couple of years, meeting him through Mr. Marshall’s brother. At the time of the incident, which occurred on December 19, 2014, there was a disagreement between the Defendant and Mr. Marshall’s brother over a female. Mr. Marshall and his mothe... More...   $0 (09-04-2018 - TN)

Ronald A. Cup v. AMPCO Pittsburgh Corporation, et al. Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

This case involves a dispute over retiree healthcare benefits. Retired union member Ronald Cup and similarly situated retirees requested—and the District Court ordered—arbitration of the dispute under the Labor Management Relations Act (LMRA), 29 U.S.C. § 185. Ampco Pittsburgh Corporation, its subsidiary Akers National Roll Company, and Akers’ health and welfare benefit plan (collectively, the Com... More...   $0 (09-04-2018 - PA)

Marcus Allen Delaney v. The State of Texas

In April 2016, an indictment issued alleging that on or about February 4, 2016, Appellant intentionally fled from Joshua McGuinn, a person Appellant knew was a peace officer who was attempting to lawfully arrest or detain him. The indictment also alleged that on or about August 11, 2008, Appellant was convicted of the same offense, i.e., evading arrest or detention. In November 2016, a jury ... More...   $0 (09-02-2018 - TX)

Sheppard, Mullin, Richter and Hampton, LLP v. J-M Manufacturing Company, Inc.

A large law firm agreed to represent a manufacturing company in a federal
qui tam action brought on behalf of a number of public entities. During the same
time period, the law firm represented one of these public entities in matters
unrelated to the qui tam suit. Both clients had executed engagement agreements
that purported to waive all such conflicts of interest, current or futur... More...
   $0 (09-02-2018 - CA)

Robert Arthur Moses v. The State of Texas

Anna Moses, the decedent, grew up in Russia and moved to the United States after meeting appellant. Appellant and Anna married and appellant treated Anna’s young son, Igor, as his own. Anna was described as a beautiful, elegant woman who cared deeply for her family and friends. Although the couple seemed to have a happy marriage, several of Anna’s friends described appellant as controlling.... More...   $0 (09-01-2018 - TX)

Delvecchio Patrick v. The State of Texas

On August 19, 2012, Vickie Cook found her thirty-two year old daughter, Deanna, dead in the bathtub of Deanna’s home.3 The medical examiner who conducted the autopsy concluded that Deanna’s death was caused by drowning and other homicidal violence. Suspicion immediately focused on appellant with whom Deanna had been in a tumultuous, volatile, and often violent relationship since 2008. He was ... More...   $0 (09-01-2018 - TX)

Leonard Deshawn Scott v. The State of Texas

M.P. testified that, in 2006, she lived a double life as a registered nurse specializing in pediatrics and as a “closet user of crack cocaine.” She worked Monday through Thursday, and over the long weekends, on holidays, on her birthday, or when she had time off work, she would go on three-or-four-day drug binges. During these binges, M.P. would buy a large quantity of crack cocaine and use i... More...   $0 (09-01-2018 - TX)

Justin Panus v. The State of Texas

The events leading to Panus’s convictions began in the early morning hours of September 25, 2016, when he used a gun to barge into the house where his ex-girlfriend Christina Cooper was staying with her fiancé Matthew Gauthier and his two young daughters. After threatening Gauthier at gunpoint, Panus dragged Cooper out of the house by her hair and forced her into his truck. He placed the gun on ... More...   $0 (09-01-2018 - TX)

Robert Gustavsen v. Alcon Laboratories, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Our disposition of the merits of this appeal turns on a single question:
Can manufacturers of prescription eye drops change the medication's bottle
so as to alter the amount of medication dispensed into the eye without first
getting the FDA's approval? Finding that federal law requires
prior approval for such a change, we hold that state law claims
challenging the manufacture... More...
   $0 (09-01-2018 - MA)

Juan Ruben Garcia v. The State of Texas

Complainant A.B. lived in a two-bedroom apartment with her mother and her sister. When A.B. was nine or ten years old, her aunt moved into the apartment with her husband, appellant Juan Ruben Garcia, and their two young sons. Approximately two or three years later, the Garcia family moved out of the apartment. 3 When A.B. was 15 years old, she confided in her neighbor Sandra that Garcia ... More...   $0 (08-31-2018 - TX)

Jesus Jose Lacer v. The State of Texas

The complainant, Whittney Wills, testified that appellant, who she has known since she was fifteen years old, is her ex-boyfriend and the father of her two children, J.L. and I.L. (collectively, “the children”). Over the course of their approximately fourteen-year relationship, she lived with him “on and off.” On May 8, 2015, while the complainant was living with appellant and the children4 ... More...   $0 (08-31-2018 - TX)

William Jae Kim v. Toyota Motor Corporation

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)

STATE OF KANSAS v. DAMON HORTON

Horton pled guilty to residential burglary and felony theft. At his November 23, 1998 sentencing hearing, the district court was aware that Horton had other charges pending and sentenced him to probation with the understanding he would serve the first part of his probation in jail on the other charges.

On December 29, 1998, the State moved to revoke Horton's probation on the grounds th... More...
   $0 (08-30-2018 - KS)

STATE OF KANSAS v. VICTOR FRITZ BROSSEIT

On June 23, 2014, Officer Brandon Early pulled Brosseit over after Brosseit failed to maintain a single lane while driving his truck. Early claimed that he smelled a strong odor of alcohol when he made contact with Brosseit and noticed that Brosseit's eyes were bloodshot and watery and his speech was slurred. After a dispatch operator informed Early that Brosseit's license was revoked, Early asked... More...   $0 (08-30-2018 - KS)

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