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Civil Procedure Law
 
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)

Amos Donald Boyd vs State of Florida

Appellant challenges his criminal judgment and sentence, arguing the trial court erred by adjudicating him guilty although he had not entered a plea. A trial court is required to inquire into a defendant’s understanding of a plea so that the record contains information showing the defendant entered into the plea intelligently and voluntarily. Davis v. State, 187 So. 3d 1284 (Fla. 1st DCA 2016). He... More...   $0 (09-22-2018 - FL)

STATE OF OHIO - vs - COLEMAN P. PEACE

Peace was indicted for rape and gross sexual imposition of a minor, who
was less than thirteen years old at the time. He was convicted of both offenses,
sentenced to life without parole for rape, a concurrent five years for gross sexual
imposition, and was labeled a tier III sexual offender.

{¶3} Peace raises five assignments of error:
{¶4} “[1.] The trial court co... More...
   $0 (09-22-2018 - OH)

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 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. JAMES CHRISTOPHER PUTNAM

Defendant-appellant, James Putnam, appeals from a Belmont County Common Pleas Court judgment convicting him of failure to comply with the order of a police officer, following his guilty plea. {¶2} On October 1, 2016, a state highway patrol trooper clocked appellant travelling at 97 miles per hour in a 65-miles-per-hour zone. The trooper activated his light and siren but appellant did not pull ove... More...   $0 (09-21-2018 - OH)

STATE OF OHIO v. KEITH L. MILLER

On July 14, 2017, Appellant was indicted by the Mercer County Grand Jury on one count of aggravated possession of drugs, a felony of the fifth degree, in violation of R.C. 2925.11(A); 2929.11(C)(1)(a). (Doc. No. 1). On July 25, 2017, Appellant was released by the trial court on an OR bond. (Doc. No. 7). As part of his OR bond, Appellant was subject to the following conditions: 1) Do not ... More...   $0 (09-20-2018 - OH)

STATE OF MISSOURI v. VINCENT S. BARRIERE MORELAW Legal Services Marketing Your Source For Marketing Your Firm Nationwide . Completely Free Marketing If It Does Not Work.

The evidence at trial, in the light most favorable to the verdicts, was that at approximately 7:30 p.m. on April 17, 2016, Daniel Wallace was on Maplewood Circle in Marshall, Missouri, speaking with Crystal Bowlen and other friends. Wallace and Bowlen observed a car driven by Marcus Lewis stop nearby, and observed Vincent Barriere exit the back passenger seat of that vehicle. Barriere then p... More...   $0 (09-20-2018 - MO)

SERGIO GARZA v. STATE OF ARKANSAS

At trial, David Godsey testified that on the night of the accident, he saw the body of Charlene Payte lying partially in the road on the edge of Highway 182. He stopped to investigate and found Charlene Payte facedown and unresponsive; he called 911, but she passed away before she could receive medical assistance. Godsey heard Joe Payte yelling; he found Joe lying in the ditch severely injur... More...   $0 (09-20-2018 - AR)

DERRICK LEON JOHNSON v. STATE OF ARKANSAS

On March 28, 2017, appellant Derrick Johnson was found guilty by a Faulkner County jury of fifteen counts of distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child. On appeal, Johnson claims that the circuit court erroneously denied his motion to suppress evidence found on his mobile phone. We affirm. This case began when an eleven-year-old girl, M.P... More...   $0 (09-20-2018 - AR)

STATE OF LOUISIANA VERSUS BERNARD R. WILLIAMS A.K.A. BERNARD BRADLEY

On November 16, 2016, the Jefferson Parish District Attorney filed a bill of information charging Defendant with possession of a firearm by a convicted felon, in violation of La. R.S. 14:95.1 (count one),1 and obstruction of justice, in violation of La. R.S. 14:130.1 (count two), in district court case number 16-4704. The bill of information alleged that on or between July 21, 2016 and July 2... More...   $0 (09-20-2018 - LA)

Dr. Reinhold Munker v. Board of Supervisors of Louisiana State University System

The plaintiff, Dr. Reinhold Munker, was a tenured professor of medicine at Louisiana State University Medical Center in Shreveport, Louisiana. He was officially employed by the defendant, Board of Supervisors of Louisiana State University System (“the Board”). 1 The plaintiff was a professor/researcher in the field of hematology and oncology. On the morning of August 18, 2015, the departme... More...   $0 (09-20-2018 - LA)

United States of America v. Raimundo Atesiano United States District Court for the Southern District of Florida - Miami, Florida Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Miami, FL - Former Biscayne Park Chief of Police Pleads Guilty to Conspiring with Other Officers to Violate Victims’ Civil Rights by Making False Arrests
Former Village of Biscayne Park Chief of Police, Raimundo Atesiano, pleaded guilty in federal court to conspiring with subordinate officers to violate individuals’ civil rights by making false arrests, announced U.S. Attorney Benjamin G. Gre... More...
   $0 (09-20-2018 - FL)

Joseph Delmarco Carter v. The State of Texas

When the State called K.B. to testify, crying was heard outside the courtroom door.
The court immediately granted the parties’ request to meet in chambers to discuss what
had happened. In chambers, the State explained that when the courtroom door was
opened for K.B. to enter from the hallway, K.B. saw Carter and started crying and
hyperventilating. According to the State, K.... More...
   $0 (09-20-2018 - TX)

Melody Chacker v. JPMorgan Chase Bank. N.A.

Pursuant to California Rules of Court, rules 8.1105(b) and
8.1110, this opinion is certified for publication with the exception
of Parts II.A–II.B and Part II.D.

Plaintiff and appellant Melody Chacker (plaintiff)
refinanced a loan on her home and then failed to make required
loan payments, which triggered non-judicial foreclosure
proceedings. Plaintiff sued to stop the... More...
   $0 (09-19-2018 - CA)

Tray Don Goswick v. The State of Texas

On October 21, 2015, law enforcement arrested Appellant and discovered that he was carrying methamphetamine in his pocket. The trial for the possession offense occurred on May 17, 2016. Appellant testified during the guilt/innocence phase that, on the date of his arrest, he believed that he was carrying bath salts rather than methamphetamine. The jury subsequently found Appellant guilty of poss... More...   $0 (09-19-2018 - TX)

Mitchell Wayne Petrea v. The State of Texas

Mitchell Wayne Petrea was highly intoxicated when he attempted a U-turn in front of an oncoming tow truck, causing a crash that resulted in the death of his wife, Katelyn. Petrea was charged with intoxication manslaughter and entered an open plea of guilty. The trial court accepted his plea, declared Petrea guilty,1 held a bench trial on punishment, found that a deadly weapon was used in the ... More...   $0 (09-19-2018 - TX)

Argustus Charles Choyce v. The State of Texas

A jury convicted Argustus Charles Choyce of family violence assault with a prior conviction, a third-degree felony. See TEX. PENAL CODE ANN. § 22.01(b)(2) (West Supp. 2017). After Choyce pled true to the State’s two enhancement allegations, he was sentenced to fifty years’ imprisonment. On appeal, Choyce argues that (1) the trial court erroneously struck a panel member for cause, (2) the in... More...   $0 (09-19-2018 - TX)

Timoteo Jesus Garza, Jr. v. The State of Texasn

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 2016 and ... More...   $0 (09-19-2018 - TX)

Shayne Daniel Afzal v. The State of Texas

In response to an early-morning report of trouble, police officers arrived at a Longview apartment complex occupied by Shayne Daniel Afzal and others. As the officers approached the apartment that appeared to be the epicenter of the trouble, they heard “several blasts” coming from what sounded like a shotgun. After officers took cover, they heard Afzal “screaming unintelligibly.” They obser... More...   $0 (09-19-2018 - TX)

Albert Francis Toscano v. The State of Texas

Appellant entered into a plea bargain with the State, pursuant to which appellant pleaded nolo contendere to the offense of assault with bodily injury of a family member. The trial court imposed sentence in accordance with the agreement and signed a certificate stating this “is a plea bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). Appellant timely fi... More...   $0 (09-19-2018 - TX)

KAYLA FLUTH v. SCHOENFELDER CONSTRUCTION, INC. and LARRY WEISSER MoreLaw Suites - The Best Place In Tulsa To Practice Law

On June 3, 2012, a disgruntled tenant set off a gas explosion in the basement of one of Weisser’s Mitchell, South Dakota rental properties. The explosion lifted the house off its foundation and caused extensive damage to the interior. After visiting the site, Weisser contacted Schoenfelder to demolish the home and grade the property to normal elevation. [¶3.] Shortly after Schoenfelder began te... More...   $0 (09-19-2018 - SD)

Roger Lee Davies v. State of North Dakota

In 2014, Roger Davies was charged with continuous sexual abuse of a child. In November 2014, Davies pleaded guilty. During the change of plea, the district court advised Davies that as a part of the binding plea agreement, the court would not sentence him to more than 15 years imprisonment. After a presentence investigation, Davies was sentenced to a term of 15 years imprisonment and supervised p... More...   $0 (09-19-2018 - ND)

United States of America v. Paras Jha, Josiah White and Dalton Norman District of Alaska Federal Courthouse - Anchorage, Alaska

Anchorage, AK - Hackers’ Cooperation with FBI Leads to Substantial Assistance in Other Complex Cybercrime Investigations

Defendants Responsible for Creating the “Mirai” and Clickfraud Botnets Continue to Assist FBI as Part of their Sentencing

Three defendants have been sentenced for their roles in creating and operating two botnets, which targeted “Internet of Things” (IoT) devic... More...
   $0 (09-19-2018 - AK)

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