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Detainer Law
 
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 KANSAS v. SEMAJ LEONARD FOSTER

On May 21, 2012, the State charged Foster in Johnson County case 12CR1041 with one count of aggravated robbery and one count of attempted aggravated robbery. About three months later, on August 16, 2012, the State charged Foster in Johnson County case 12CR1692 with one count of attempted aggravated robbery.

The district court initially took little action in either of the Johnson County... More...
   $0 (08-30-2018 - KS)

Martin J. Coyne v. Diego De Leo

In this unlawful detainer action filed under the Ellis Act (Gov. Code, § 7060
et seq.), defendant Diego De Leo appeals from a judgment of possession entered in favor
of his landlord, Martin J. Coyne. De Leo argues, inter alia, the trial court committed
prejudicial error in its exclusion of evidence. We agree the trial court abused its
discretion in excluding the evidence and revers... More...
   $0 (08-28-2018 - CA)

STATE OF KANSAS v. MICHAEL NORTH

On January 21, 2016, the State charged North with one count each of aggravated burglary, burglary, felony theft, and misdemeanor theft. When the complaint was filed, North was serving a prison sentence in Missouri. In March 2016, North completed a request under the Agreement to dispose of the charges pending against him in Kansas. North's request was filed in Wyandotte County District Court on Mar... More...   $0 (08-19-2018 - KS)

Eva Moore v. John Urquhart Western District of Washington Federal Courthouse - Seattle, Washington

This is a class action challenging the constitutionality of
a Washington statute that allows tenants to be evicted from
their homes without a court hearing. Plaintiffs seek
declaratory and injunctive relief against the Sheriff of King
County, whose office enforces the challenged statute by
executing the eviction orders. The district court dismissed
the action with prejudice... More...
   $0 (08-19-2018 - WA)

UNITED STATES v. VALENTÍN VALDÉS-AYALA

To understand how Valdés exploited the bankruptcy and child support administration systems, it will help to understand the ways in which these systems have been designed to work. We use the testimony the jury heard at trial to paint the backdrop against which Valdés operated his businesses. The jury trial included testimony from a varied cast of 34 witnesses culminating with Valdés, himself... More...   $0 (08-16-2018 - PR)

Shameka Winslett v. 1811 27th Avenue, LLC

Shameka Winslett filed a complaint asserting various claims against her former
landlord Yugal Sagi and his LLC after he failed to make repairs to her apartment and filed
an unlawful detainer action against her. Sagi responded by filing an anti-SLAPP motion to
strike three of these claims, for retaliation and retaliatory eviction under Civil Code section
1942.5,1
former subdivis... More...
   $0 (08-15-2018 - )

STATE OF KANSAS v. WILLIAM DANIEL TRAVIS JR.

In this appeal, William Daniel Travis contends the district court should not have sent him to prison to serve his sentence but should have imposed an intermediate sanction instead. He also argues that his sentence is illegal because the court incorrectly scored his 1988 Kentucky robbery conviction as a person felony. Travis is correct on both points. Because the court failed to set forth with par... More...   $0 (07-28-2018 - KS)

Ex parte Carlos Huerta MoreLaw Performance Marketing If It Does Not Work, It Is Free!

On November 28, 2017, Huerta was arrested for an alleged Class C misdemeanor
theft offense and detained in the Lubbock County jail. Bail was not posted. On November
29, the United States Immigration and Customs Enforcement (ICE) lodged an immigration
detainer, against Huerta.1 A Department of Homeland Security administrative “warrant
for arrest of alien” also was signed. More...
   $0 (07-24-2018 - TX)

STATE OF KANSAS v. PABLO CONSTANTINO

On December 24, 2014, Kiowa County Deputy Sheriff Danny McDorman was observing traffic on U.S. Highway 54, between Greensburg and Haviland, Kansas. Although U.S. Highway 54 is mostly a two-lane highway between Greensburg and Haviland, McDorman's patrol car was located about one-fourth of a mile before the end of a four-lane limited stretch of highway.

A little bit after noon, Deputy M... More...
   $0 (06-23-2018 - KS)

Derek W. Cole v. City of Aurora, Colorado, et al. Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Derek W. Cole, a Colorado-licensed attorney appearing pro se, appeals the
district court’s dismissal of his claims against the City of Aurora, the Aurora City
Council, the Aurora Police Department, Sergeant Tim E. Genaro, several other
named individuals, and multiple Doe defendants. We exercise jurisdiction under
28 U.S.C. § 1291 and affirm.
I. BACKGROUND
Mr. Cole leased sp... More...
   $0 (06-19-2018 - CO)

John Nist v. Steven Hall Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

A good faith purchaser is “[a] purchaser who buys
without notice of circumstance which would put a person of
ordinary prudence on inquiry as to the title, or as to an
impediment on the title, of a seller.” (Black’s Law Dict. (6th ed.
1992) p. 693, col. 2.) The trial court found that respondent,
Steven Hall, was a good faith purchaser at a lien sale and
acquired the contents... More...
   $0 (06-03-2018 - CA)

STATE OF IOWA vs. WONETAH EINFELDT

Wonetah Einfeldt and her two daughters were charged with willful injury causing bodily injury over a physical altercation between the three women and a fourth woman named Mulika Vinson on July 14, 2015. The case went to trial and the defendants were tried jointly. Prior to trial, the State sought to exclude all character evidence about the victim, Vinson. This included evidence related to Vinso... More...   $0 (05-05-2018 - IA)

STATE OF KANSAS v. DMITRI WOODS

Dmitri Woods appeals his bench trial conviction for two counts of battery of a state correctional officer, raising four issues. We agree the State failed to have the trial within 180 days of Woods exercising his right to be tried under the Uniform Mandatory Disposition of Detainers Act (UMDDA), and, as a result, the district court lost jurisdiction to try him. With this ruling, we decline to addre... More...   $0 (04-14-2018 - KS)

Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism

Code of Civil Procedure section 425.16 (§ 425.16), California’s so-called
anti-SLAPP (strategic lawsuit against public participation) statute, is intended to
resolve quickly and relatively inexpensively meritless lawsuits that threaten free
speech on matters of public interest. When it applies, section 425.16 permits a
defendant to file a special motion to strike a cause of action ... More...
   $0 (04-03-2018 - CA)

Heriberto Ponce v. Wells Fargo Bank

The trial court found that Ponce and Aranda’s complaint was presented primarily for an
improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the
cost of litigation. (§ 128.7, subd. (b)(1).)
On appeal, Ponce and Aranda argue that the claims asserted in their complaint
were not frivolous and therefore, could not have been asserted for an improper purpos... More...
   $0 (03-17-2018 - CA)

California DUI Lawyers Association v. California Department of Motor Vehicles

The California DUI Lawyers Association and attorney
Stephen R. Mandell (collectively, CDLA) brought a taxpayer
action against the California Department of Motor Vehicles and
Jean Shiomoto, director of the Department (collectively, DMV).
CDLA alleged that the DMV conducts administrative hearings to
determine whether automatic suspension of a driver’s license is
warranted aft... More...
   $0 (03-03-2018 - CA)

Area 51 Productions, Inc. v. City of Alameda

Area 51 Productions, Inc. (Area 51), an event planning company, had a longstanding
relationship with the City of Alameda (the City) to license the use of certain
City property to Area 51 for events Area 51 helped plan and promote with third-party
companies. The City relied on PM Realty Group, L.P. (PM) to assist it with managing
these license arrangements. Due to various problems a... More...
   $0 (02-21-2018 - CA)

San Francisco Apartment Association v. City and County of San Francisco

To reduce the number of no-fault evictions of families with children and educators
during the school year, the City and County of San Francisco and the San Francisco
Board of Supervisors (collectively, the City) barred such evictions. The trial court
concluded state law preempted this ordinance and the City appeals. We agree with the
City that the ordinance is not preempted, and re... More...
   $0 (02-15-2018 - CA)

Hong Sang Market, Inc. v. Vivien Peng

These appeals arise out of a commercial tenancy dispute. In one appeal, defendant
and cross-complainant Vivien Peng challenges a judgment awarding damages for backdue
rent to her former landlord, plaintiff and cross-defendant Hong Sang Market, Inc.
(Hong Sang). Peng argues that a judgment in a prior unlawful detainer action against her,
in which Hong Sang was awarded one month’s ba... More...
   $0 (02-14-2018 - CA)

San Francisco Apartment Association v. City and County of San Francisco

We must determine whether a San Francisco city
ordinance limiting the rights of landlords to commence and
conduct buyout negotiations is consistent with the federal
and state constitutions. We do not, as we must not, evaluate
the policy merits of the ordinance. Appellants—an
individual property owner and several organizations that
represent landlords’ interests in San Franc... More...
   $0 (02-09-2018 - CA)

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

Both plaintiff and defendant appeal from a postjudgment
order concluding neither of them was the prevailing party in
litigation over an assignment fee, and consequently neither of
them was entitled to attorney fees under Civil Code section 1717
(section 1717) or to costs under Code of Civil Procedure
section 1032 (section 1032). We affirm the trial court’s order.
FACTS
... More...
   $0 (02-06-2018 - CA)

Tony R. Jimenez and Cynthia L. Jimenez v. David McGeary Tarrant County Courthouse - Fort Worth, Texas

In four issues, Tony and Cynthia Jimenez appeal from the trial court’s
judgment awarding possession of real property to Appellee David McGeary. We
affirm.
Background
In August 2010, Metlife Home Loans foreclosed on the Jimenezes’ home
and then sold the property to Federal National Mortgage Association. Jimenez v.
2
Fed. Nat’l Mortg. Ass’n, No. 02-15-00229-CV, 2016 WL 36... More...
   $0 (01-25-2018 - TX)

Kathleen D. McBride, as Trustee, etc. v. Byron C. Smith

Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for
violating McBride’s rights with respect to a recorded easement over the Smiths’ property.
After sustaining demurrers to several versions of McBride’s complaint, the last without
leave to amend, the trial court entered judgment in favor of the Smiths. On appeal, we
conclude that McBride stated causes of action f... More...
   $0 (01-04-2018 - CA)

STATE OF KANSAS v. RYAN ROBERT JOHNSON

Johnson was charged on December 30, 2014, with criminal threat by causing terror, evacuation, or disruption. In a separate complaint, he was also charged with criminal damage to property on the same day. At the time the charges were filed, Johnson was incarcerated in Pennsylvania and had a detainer from Kansas.

After Johnson was returned from Pennsylvania, a speedy trial determination h... More...
   $0 (12-15-2017 - KS)

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