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Circumstantial Evidence Law
 
Melissa G. v. Raymond M.

Appellant Raymond M. (father) appeals from two
domestic violence restraining orders granted under the
Domestic Violence Prevention Act (DVPA) (Fam. Code,
§ 6200 et seq.)1 Following a single evidentiary hearing on
separate requests filed by father and respondent Melissa G.
(mother), the court granted both requests. Father contends
reversal is required because section 6305 re... More...
   $0 (09-23-2018 - CA)

Shamor Billups a/k/a Shamor L. Billups a/k/a Shamar Billups v. State of Mississippi;

On March 13, 2015, two men approached the gun counter of K and S Outdoors (K&S) in Columbus, Mississippi. One asked to look at a pistol, and the other asked to look at a long gun. The K&S clerk, Chad Fortner, handed one of the men a pistol and the other a Ruger SR-762 rifle. Both men then attempted to run from the store with the firearms. The man with the rifle successfully fled. Fortner tack... More...   $0 (09-22-2018 - MS)

Simon Silva vs. The State of Florida

Silva was charged with the first-degree murder of his employer and landlord, Forman; and the attempted first-degree murder of a neighbor, Daoud. The charges arose from the shooting of both Forman and Daoud following a confrontation between Silva and Forman. The parties’ account of the confrontation differed: Silva claimed he reacted in self-defense, based on a prior threat by Forman and For... More...   $0 (09-22-2018 - FL)

L.M., a juvenile vs. The State of Florida MoreLaw Suites - The Best Place In Tulsa To Practice Law

On November 20, 2014, L.M. was issued a printed form of “Notice of Suspension” by his Miami-area high school, with typewritten entries in the information fields. The form stated that L.M. was suspended from his school for a period of ten days and “may not return until Pending Parent Conference.” The form further indicated that the suspension was a result of “Disruptive Behaviors, Defiance o... More...   $0 (09-22-2018 - FL)

M. P. vs STATE OF FLORIDA MoreLaw Suites - The Best Place In Tulsa To Practice Law

Laureano-Cheveres was the only witness at the restitution hearing. He testified that he had to pay an insurance deductible for damage to the body of his vehicle and had to pay out of pocket to replace one tire and two rims that had been damaged. He also testified that upon return of his vehicle in October 2016, he had noticed that the following items, which had been inside of the vehicle at the ... More...   $0 (09-22-2018 - FL)

DENNIS TAYLOR vs STATE OF FLORIDA

In the early evening of April 26, 2015, Taylor, apparently intoxicated, entered a convenience store in Pasco County, walked back to the cooler section, and began stuffing liquor bottles into his pockets. The clerk, Raif Bader, confronted Taylor; Taylor pulled an object from under his shirt, brandished it at Bader, and warned, "Don't you dare." Afraid, Bader returned to the front counter to retri... More...   $0 (09-22-2018 - FL)

Denise Williams vs State of Florida MoreLaw Suites - The Best Place In Tulsa To Practice Law

Petitioner is charged with first-degree murder, a capital offense, and conspiracy to commit first-degree murder and accessory after the fact to first-degree murder, offenses which are punishable by life imprisonment. See § 782.04(1), Fla. Stat. Article I, section 14, of the Florida Constitution states: Pretrial release and detention.— 2 Unless charged with a capital offense or an offense... More...   $0 (09-22-2018 - FL)

STATE OF OHIO - vs - JABARI D. MCKEE

The morning of April 20, 2016 commenced like many mornings for the residents surrounding Smith Road in Rootstown, Ohio. The neighbors let their dogs 2 out, got ready for work, and saw their children off to school. As two neighbors followed their morning routine, they noticed smoke emanating from the residence owned by one Bryan Burns. As one of the men approached the home, he dialed 911; b... More...   $0 (09-22-2018 - OH)

State of Ohio v. Kevin D. Dixon

On June 7, 2017, a Franklin County Grand Jury indicted Dixon on kidnapping, a felony of the first degree in violation of R.C. 2905.01; abduction, a felony of the third degree in violation of R.C. 2905.02, and domestic violence, a felony of the third degree in violation of R.C. 2919.25. Dixon initially entered a not guilty plea. On October 24, 2017, he withdrew his not guilty plea and entered a g... More...   $0 (09-22-2018 - OH)

State of Ohio v. Derrick Wade

In these consolidated appeals, defendant-appellant, Derrick Wade, appeals from a judgment of conviction and sentence entered by the Franklin County Court of Common Pleas following a jury trial in which he was found guilty of murder in case No. 15CR-6089. Appellant also appeals from an entry of the trial court which denied his motion to withdraw guilty plea in case No. 13CR-1788. {¶ 2} On April 1, ... More...   $0 (09-22-2018 - OH)

State of Tennessee v. Kevin Forman and Kellum Jordan Williams Montgomery County Courthouse - Clarksville, Tennessee

Clarksville, TN - The State of Tennessee charged Kevin Forman, age 29, and Kellum Jordan Williams, age 37, with first-degree murder aggravated kidnapping and premeditated murder for killing 31-year-old Amy Murphy to keep her from testifying against them on drug charges on February 1, 2015.

The victim was beaten and strangled and her body was doused with gasoline and set on fire while she ... More...
   $0 (09-22-2018 - TN)

Sara Hart v. Clear Recon Corp.

Following summary judgment against plaintiffs Sara and
Guy Hart in this wrongful foreclosure action, defendant
Nationstar Mortgage LLC obtained its attorney’s fees as
prevailing party, based on a clause in the deed of trust. On
appeal from the fee award, the Harts contend the clause in
question is not an attorney’s fees provision. We agree and
reverse.
FACTUAL AND PROCE... More...
   $0 (09-22-2018 - CA)

STATE OF OHIO vs. ANTONIO HENDERSON

In February 2017, Henderson was indicted on six counts: two counts of felonious assault in violation of R.C. 2903.11(A)(2), both second-degree felonies, with one- and three-year firearm specifications; one count of discharging a firearm on or near prohibited premises in violation of R.C. 2923.162, a third-degree felony, with one- and three-year firearm specifications; one count of domestic vi... More...   $0 (09-21-2018 - OH)

STATE OF OHIO vs. GERELLE CROSBY

Crosby called his cousin requesting the victim’s contact information. Crosby
intended to buy drugs from the victim and called to set up a deal. The victim brought a
friend along; both of them were carrying firearms. The victim and his friend were
driving around the area of East 93rd Street and Quebec Avenue in Cleveland. During
that time, Crosby and a second person were tex... More...
   $0 (09-21-2018 - OH)

STATE OF OHIO vs. DOMINIQUE WILLIAMS

In March 2017, Williams was indicted on the following charges: Count 1, aggravated murder (victim Yanetta); Count 2, murder (victim Yanetta); Count 3, felonious assault (victim Yanetta); Count 4, attempted murder (victim Schilling); Count 5, felonious assault (victim Schilling); and Count 6, having weapons while under disability. With the exception of Count 6, the charges had accompanying on... More...   $0 (09-21-2018 - OH)

STATE OF OHIO vs. MARVIN SCOTT

In May 2017, Scott was named in a six-count indictment in Cuyahoga C.P. No. CR-17-615337-A. The indictment charged him with felonious assault in violation of R.C. 2903.11(A)(2), with one- and three-year firearm specifications; improperly discharging into a habitation in violation of R.C. 2923.161(A)(1), with one- and three-year firearm specifications; domestic violence in violation of R.C. 29... More...   $0 (09-21-2018 - OH)

STATE OF OHIO vs. LAURICE GILBERT

On October 26, 2006, a Cuyahoga County Grand Jury indicted Gilbert for two counts of aggravated murder and two counts of aggravated robbery, each with one- and three-year firearm specifications. As we previously explained in our decision considering Gilbert’s direct appeal, State v. Gilbert, 8th Dist. Cuyahoga No. 90615, 2009-Ohio-463, [t]he case proceeded to a jury trial, and Gilbert was f... More...   $0 (09-21-2018 - OH)

STATE OF OHIO v. ANDRE DIGGS

On June 25, 2018, we released our Opinion in State v. Diggs, 7th Dist. No. 16 BE 0036, 2018-Ohio-2761. Appellant Andre Diggs has filed a motion to certify a conflict to the Ohio Supreme Court. He asks us to certify the following question: Is some form of tangible, competent, credible evidence in addition to police officer testimony required to prove a school-vicinity enhancement beyond a reason... More...   $0 (09-21-2018 - OH)

STATE OF OHIO v. JASMIN FLETCHER

Defendant-appellant, Jasmin Fletcher, appeals her convictions and sentence following guilty pleas in the Mahoning County Common Pleas Court for one count of tampering with evidence in violation of R.C. 2921.12(A)(1)(B) and one count of obstruction of justice in violation of R.C. 2921.32(A)(5)(C)(4), felonies of the third degree. {¶2} One of the central issues in this appeal was the trial court’s ... More...   $0 (09-21-2018 - OH)

STATE OF OHIO v. LORETTA A. PHILLIPS

Appellant owned Solutions Counseling Center in Sebring. She was a counselor with plans to become a clinical psychologist. As a counselor, Appellant was not eligible to receive a provider number from the Ohio Department of Medicaid in order to directly seek reimbursement for rendering services to clients who used the traditional Medicaid option. (Under traditional Medicaid, a counselor had to wo... More...   $0 (09-21-2018 - OH)

STATE OF OHIO v. JOHN ANTHONY THOMAS, SR.

Appellant’s wife of 28 years, Jaqueline “Jackie” Thomas (“Mrs. Thomas”), testified that between five and six o’clock on the morning of July 13, 2016, she was awakened by Appellant, profanely demanding she get out of bed. (Tr., pp. 384-385.) Mrs. Thomas testified that Appellant grabbed her by the arm and the hair of her head, causing her to stand and forcibly follow him to the bathroom so tha... More...   $0 (09-21-2018 - OH)

State of Ohio v. James Allen

On August 24, 2017, appellant was indicted on two counts of rape in
violation of R.C. 2907.02(A)(1)(c) and (B), both felonies of the first degree, and two
counts of sexual battery in violation R.C. 2907.03(A)(2) and (B), both felonies of the
third degree.
{¶ 3} The events from which the charges stem occurred on August 7, 2017.
Appellant was age 77 at the time. He lived ... More...
   $0 (09-21-2018 - OH)

STATE OF OHIO -vs- ADRIAN L. WILLIAMS

During the early morning hours of June 24, 2017, a fight broke out at The Flames, a motorcycle club in Zanesville, Ohio. Bouncers turned the lights on in the club and began moving people outside to the parking lot. As people were leaving the club, Carlton “Dre” Ferrell assaulted Keith Haddock’s girlfriend, which led to a fight in the parking lot between Ferrell and Haddock. {¶3} As Ferrel... More...   $0 (09-21-2018 - OH)

STATE OF OHIO vs. RUSSELL LEWIS

This is an appeal from an Adams County Common Pleas Court judgment of conviction and sentence. Russell Lewis, defendant below and appellant herein, assigns the following errors for review: FIRST ASSIGNMENT OF ERROR: “THE APPELLANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL AS IS GUARANTEED BY THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES ... More...   $0 (09-21-2018 - OH)

STATE OF OHIO v. JOHNATHAN D. JOHNSON

Karrin Harris (“Harris”) and Johnson began dating in May 2010. In July 2016, Harris and Johnson stopped living together. Harris testified that the relationship had ended at this time; but Johnson believed that the two were still romantically involved on the date of the incident. Because Harris and Johnson were co-parenting their four year-old child, J.H., they continued to see each other freque... More...   $0 (09-21-2018 - OH)

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