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)

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)

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)

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)

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)

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)

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)

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)

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)

Office of the City Attorney, Mara W. Elliott, City Attorney, and Carmen A.
Brock, Deputy City Attorney, for Defendants and Appellants.
Francis A. Bottini, Jr., Nina M. Bottini, and the Bernate Ticino Trust dated March
9, 2009, Trust 3 (the Bottinis) applied to the City of San Diego for a coastal development
permit (CDP) to construct a single-family home on a vacant lot in La Jolla.... More...   $0 (09-21-2018 - CA)

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)

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)

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)

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)

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)

San Diego, CA - Former Supervisory U.S. Border Patrol Agent Sentenced Following Convictions for Civil Rights Abuses and Firearms Offenses

Former U.S. Supervisory Border Patrol Agent Martin Rene Duran was sentenced in federal court today to 24 months in custody for unlawfully depriving another of his civil rights under color of law and for firearms offenses.

On August 16, 2018, Du... More...   $0 (09-19-2018 - AZ)

In 2008, Congress enacted the ADA Amendments Act
(“ADAAA”), which broadened the definition of disability
under the Americans with Disabilities Act (“ADA”),
42 U.S.C. §§ 12101 et seq. As relevant to this appeal, the
ADAAA expanded the scope of the ADA’s “regarded-as”
definition of disability. We have not opined on this issue
in the ten years since the ADAAA was enacted and s... More...   $0 (09-19-2018 - HI)

Congress enacted the Fair Labor Standards Act (“FLSA”) in 1938 in response to a national concern that the price of American development was the exploitation of an entire class of low-income workers. President Roosevelt, who pushed for fair labor legislation, famously declared: “The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide eno... More...   $0 (09-19-2018 - AZ)

This case presents the question of whether Colorado’s recently enacted
sentencing scheme for juvenile offenders who received unconstitutional mandatory
sentences to life in prison without the possibility of parole (“LWOP”) violates the
Special Legislation Clause of the Colorado Constitution. We conclude that it does not.
¶2 Based on acts that Brooks committed when he was fifte... More...   $0 (09-18-2018 - CO)

Dustin James was initially charged with two counts of distribution of a controlled substance, one count of possession with intent to manufacture a controlled substance, and one count of possession with intent to distribute a controlled substance, all but the last of which were dismissed before trial. He was acquitted of the charged offense of possession with intent to distribute methamphetami... More...   $0 (09-18-2018 - CO)

Joe Whatley, Trustee of the wrongful death claimants' trust (WD Trust),appeals the district court's order finding that his claim under the CarmackAmendment, 49 U.S.C. § 11706, against Canadian Pacific Railway was untimely. Wereverse and remand for further proceedings.
I.BACKGROUND
On June 29, 2013, a train carrying crude oil left New Town, North Dakota,destined for an oil refinery near Sai... More...   $0 (09-18-2018 - ND)

The Oglala Sioux Tribe, the Rosebud Sioux Tribe, and tribal members Madonna
Pappan and Lisa Young brought this action against various South Dakota officials
under 42 U.S.C. § 1983. They challenged procedures used in proceedings brought by
the State to remove children temporarily from their homes in exigent circumstances.
The plaintiffs alleged that the defendants were engaged in on... More...   $0 (09-18-2018 - SD)

Plaintiff Harley Davidson and its subsidiaries (Harley-Davidson) form a multistate
enterprise with numerous functionally integrated subsidiary corporations. It contends
that defendant California Franchise Tax Board's (Board) tax scheme violates the
commerce clause of the federal Constitution (U.S. Const., art. I, § 8, cl. 3), claiming that
it burdens interstate enterprises by provi... More...   $0 (09-18-2018 - CA)

Miami, FL - Miami-Based Violent Criminal Enterprise Members and Associates Convicted at Trial

Charges of Conviction Included Racketeering, Drug Trafficking, Armed Robberies, and Firearms Used in Furtherance of Drug Trafficking and Violent Crimes


Benjamin G. Greenberg, United States Attorney for the Southern District of Florida; Special Agent in Charge Ari C. Shapira for the ... More...   $0 (09-17-2018 - FL)

Martin Patrick appeals his conviction of driving under the influence of alcohol to a degree that rendered him incapable of safely operating a vehicle. The events leading to his conviction took place at about 10:30 on the evening of May 25, 2013, when Officer Jason Colobong of the Tonganoxie Police Department observed Patrick's pickup truck straddling the centerline of the road. Patrick and his gi... More...   $0 (09-17-2018 - KS)