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Bryan Manning v. Donald Caldwell Western District of Virginia Federal Courthouse - Roanoke, Virginia

Virginia law criminalizes the possession, purchase, or consumption of alcohol by someone who has been interdicted by a Virginia court. Interdiction is a civil order designating that a person is a “habitual drunkard” or has been convicted of driving while intoxicated. In this case, a group of homeless people suffering from alcoholism challenged the constitutionality of Virginia’s interdiction statu... More...   $0 (08-14-2018 - VA)

Tavis Ray Crittendon v. State of Indiana

In the early-morning hours of January 25, 2016, Acacia Frye called 911 when she found Crittendon, her live-in boyfriend, unresponsive with blue lips. Acacia “immediately recognize[d] it as a [h]eroin overdose” and started administering CPR. Tr. p. 36. [3] When Deputy Christopher Francis with the Kosciusko County Sheriff’s Department arrived at the Warsaw house, medics were working on Crit... More...   $0 (08-13-2018 - IN)

The State of Texas v. Ramiro Garcia Lopez Jr.

Gilberto Garces was found dead of apparent gunshot wounds around 7:30 p.m. on April 6, 2016. Garces’s body was located in a rural area of Mercedes; his hands were bound with electrical wire.1 A search warrant was issued April 8, 2016, for Mid-Valley Tire Shop seeking: any and all firearms, any and all unknown make and caliber ammunition and/or spent casings, projectiles, and/or shrapnel, an... More...   $0 (08-11-2018 - TX)

Michael David Holley v. The State of Texas

At trial, Emily Howard, Holley’s granddaughter, testified that Holley showed her 1
images of nude women on a silver computer multiple times when she was around 12 or 13 years
old. She also testified that Holley told her, “If you give me a blow job, I’ll treat you like an adult,
or something along those lines.” Emily further testified that, on one occasion, she was riding on a
gol... More...
   $0 (08-10-2018 - TX)

STATE OF KANSAS v. JESSICA V. COX

In Reno County District Court case No. 14CR351, the State charged Cox with trafficking contraband—methamphetamine—in the jail. About a year later, in Reno County District Court case No. 15CR424, the State charged Cox with felony theft from Walmart. Although the complaint is not included in the record, the State also charged Cox in Reno County District Court case No. 15CR386 with possession of mari... More...   $0 (08-10-2018 - KS)

Araceli Rodriguez v. Lonnie Swartz, Agent of the U.S. Boarder Patrol Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

A U.S. Border Patrol agent standing on American soil
shot and killed a teenage Mexican citizen who was walking
down a street in Mexico. We address whether that agent has

6 RODRIGUEZ V. SWARTZ

qualified immunity and whether he can be sued for violating
the Fourth Amendment. Based on the facts alleged in the
complaint, we hold that the agent violated a clearly
e... More...
   $0 (08-09-2018 - AZ)

RACHEAL GOULD v. STATE OF FLORIDA

Appellant, Racheal Gould, appeals her convictions for conspiring to traffic and
trafficking in twenty-eight grams or more of cocaine. She argues that the court erred by
(1) denying her motion for judgment of acquittal as there was insufficient evidence of a
conspiracy and (2) allowing speculative testimony from a police officer that interpreted
and explained her actions as con... More...
   $0 (08-05-2018 - )

STATE OF OHIO vs. ARION D. ANDREWS

In October 2016, Andrews was charged in a 16-count indictment. Counts 1-13 related to a shooting incident on March 8, 2016, and Counts 14-16 related to a shooting incident on April 27, 2016. Counts 1 and 16 charged him with the discharge of a firearm on or near a prohibited premises. Counts 2 and 3 charged him with the improper discharge of a firearm at or into a habitation or school. Cou... More...   $0 (08-05-2018 - OH)

STATE OF OHIO vs. RICARDO YOUNG

On July 31, 2016, at approximately 4:00 a.m., officers from the Third District of
the Cleveland Police Department were dispatched to the parking lot of Rally’s Drive-in
Restaurant (“Rally’s”) located at the three-way intersection of East 55th Street, Woodland
Avenue, and Kinsman Avenue in Cleveland, Ohio. A male with a silver Chrysler was
reportedly standing in the Rally’s pa... More...
   $0 (08-04-2018 - OH)

William P. Stickrod v. State of Indiana

At 6:50 p.m. on December 17, 2016, Officer Grant Leroux of the Lafayette Police Department and other officers arrived at a house in Lafayette, Indiana. The house belonged to Stickrod’s mother, but Officer Leroux knew that Stickrod lived there. The officers were there to execute warrants to arrest Stickrod for failing to appear at court hearings in two criminal cases. ... More...   $0 (08-04-2018 - IN)

State of Iowa v. Mejdil Ahmetovic

The following facts can be gleaned from the suppression record. Officer
Wilshusen is an officer in the Des Moines Police Department’s narcotics unit. On
June 3, 2016 at approximately 6:00 p.m., Wilshusen received information from a
confidential informant1 that Ahmetovic would be in a “black Volkswagen vehicle” in
a particular McDonald’s restaurant parking lot at approximately... More...
   $0 (08-04-2018 - IA)

U.S. Tobacco Cooperative, Inc. v. Big South Wholesale of Virginia, L.L.C. Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

Defendants Jason Carpenter, Christopher Small, Big South Wholesale, LLC, and Big South Wholesale of Virginia, LLC, d/b/a Big Sky International, appeal the district judge’s order granting a motion to reconsider a predecessor district judge’s order which had granted Defendants’ petition to substitute the United States as a party defendant under the Westfall Act. See 28 U.S.C. § 2679(b). The Westfall... More...   $0 (08-04-2018 - NC)

Scott Lafette Simpson v. The State of Texas

Joshua Ward was standing with his bicycle on a rural Abilene road when a blue Jeep pulling a trailer drove up and stopped. Ward assumed the driver needed directions and walked toward the Jeep. As he approached, the driver, later identified as Appellant, started screaming at Ward, “You caused this s--t, mother f----r,” pulled a gun, pointed it at Ward, and then drove off. Ward’s wife drove up, a... More...   $0 (08-03-2018 - TX)

Kerry Gittens v. The State of Texas

On November 15, 2014, at approximately 8:30 p.m., David O’Neal, his brother Antwan
Jones, their cousin Denzel Ross, and Antwan’s three-year-old daughter were at their aunt’s house,
Lula McFadden. Lula’s son, Odell McFadden was also at the house. Antwan, Denzel, Odell, Lula,
and Antwan’s daughter were in the living room watching television and freestyling, or rapping,
when the... More...
   $0 (08-03-2018 - TX)

STATE OF SOUTH DAKOTA v. DAVID LEONARD RANDLE, JR.,

On October 24, 2015, a group of young adults attended a party at a Sioux Falls condominium leased by Mason Mitzel. There was evidence that the partygoers were drinking and using marijuana and other illegal substances. [¶3.] At some point during the evening, an AK-47 owned by Mitzel was brought out amongst the partygoers. There was testimony that different individuals handled the AK-47. Several... More...   $0 (08-02-2018 - SD)

UNITED STATES OF AMERICA v. ELIJAH IVERSON

The present prosecution had its origin in a 911 call made by Iverson from
13 his apartment in the Town of Tonawanda, New York. In the course of ensuing
14 interviews by officers of the Tonawanda Police Department ("TPD"), narcotics and
15 drug distribution paraphernalia were discovered in Iverson's apartment; pursuant to
1 a subsequent search warrant, a firearm, ammunition, and o... More...
   $0 (08-02-2018 - )

COURTNEY PEYNADO vs STATE OF FLORIDA

Courtney Peynado appeals his withhold of adjudication and sentence for one count of possession of cocaine following a plea. We reverse because the evidence supporting the charge against Appellant was the result of an illegal search and seizure.

Appellant was arrested and charged with one count of possession of cocaine after police found crack cocaine in a food container held by Appell... More...
   $0 (08-01-2018 - FL)

TYLER JAMES REED v. STATE OF TENNESSEE

This court summarized the facts underlying the Petitioner’s convictions in the Petitioner’s direct appeal opinion as the following:
This case involves the October 30, 2009 shooting death of Dickey Lassiter at his home in Sumner County, Tennessee. [The Petitioner] was arrested for the murder of the victim after being found in possession of a twelve-gauge shotgun while in a vehicle parked in the... More...
   $0 (08-01-2018 - TN)

COMMONWEALTH vs. TAKII RASPBERRY

We recite the relevant facts as found by the motion judge, supplemented where necessary by uncontroverted police testimony, which the judge expressly credited in full. See Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), S.C., 450 Mass. 818 (2008). None of the judge's subsidiary findings is challenged on appeal. In April, 2015, as part of a joint investigation with Federal authorities, th... More...   $0 (08-01-2018 - MA)

SEAN RYAN BREE V. THE STATE OF TEXAS

On February 8, 2015, Department of Public Safety Trooper Mitchell Best conducted a traffic stop of a vehicle that was speeding on Highway 36 in Comanche County. The driver of the vehicle was Tacorya Robinson. Appellant was her passenger. Robinson exited her vehicle, and Trooper Best had her sit in his patrol car so that he could interview her. During the interview, Robinson gave Trooper Best ... More...   $0 (07-30-2018 - TX)

Robert Eugene Brown v. The State of Texas

Agent S. Sanders of the Department of Public Safety began a
confidential-informant arrangement with a person we will refer to as “Smith.”
Smith would help a drug-trafficking task force staffed by multiple
law-enforcement agencies. In exchange, Smith’s own drug charge would be
dismissed. Smith was to buy methamphetamine from multiple sellers. The
methamphetamine buys would ... More...
   $0 (07-28-2018 - TX)

STATE OF KANSAS v. KIRK A. TESKE

For context, we point out that Marjorie Heim was the alleged victim of Teske's battery. She was at the local Walmart with Randy Hyatt when she allegedly suffered a drug-induced seizure.

On July 17, 2016, Marjorie Heim filed a police report claiming that Teske had dragged her across the floor. A deputy sheriff investigated. A few days later, on July 20, 2016, the deputy applied for a sea... More...
   $0 (07-28-2018 - KS)

STATE OF KANSAS v. SHANE WILLIAM CARPENTER

Sergeant Jason Meyers of the Greenwood County Sheriff's Office had heard that Robin Davidson was selling methamphetamine in Greenwood County and was waiting for an opportunity to talk to him. Meyers got that opportunity when Davidson was detained for altering a Vehicle Identification Number (VIN) on a motorcycle. When Meyers questioned Davidson about the altered VIN, Davidson offered to talk about... More...   $0 (07-28-2018 - KS)

State of North Dakota v. Mitchell Steven Biwer

On April 17, 2017 Bismarck Police Detective Jerry Stein received a call from a shipping store employee about a suspicious package Biwer dropped off to be shipped to Denver, Colorado. The employee told Stein "[Biwer] was explaining too much and talking too much about why the package was being sent out. And then when questioned what was in the package, he said it was an owner's manual, and the cost ... More...   $0 (07-27-2018 - WY)

UNITED STATES OF AMERICA v. WARREN CHARLES GREEN, IV

This case involves three separate traffic stops, all performed by Pennsylvania State Trooper Michael Volk, that are arguably relevant to Green’s constitutional claims. As a drug interdiction officer, Volk’s duties largely consist of traveling on the Pennsylvania Turnpike in an unmarked cruiser to search for drugs, money, and weapons. Each of the stops occurred on the Turnpike in the vicinity of So... More...   $0 (07-27-2018 - PA)

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