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)

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)

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)

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)

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)

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)

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)

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)

Appellant was charged by indictment with one count of attempted burglary of a habitation, a third degree felony, punishable by not less than two years but not more than ten years imprisonment.1 The State filed a notice of intent to seek habitual punishment pursuant to Section 12.42(d) of the Texas Penal Code, alleging that Appellant had prior felony convictions for robbery, assault against a gove... 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)

At trial, Mother3 testified that she began dating Monroe right before Christmas
2013. She met him on a social website, and he moved in with her and her two
children sometime around June 2014. Mother averred that on June 11, 2016, she,
Monroe, Girl, and Boy attended a family reunion at a nearby lake. Girl was six years
old at the time.
According to Mother, the group left... More...   $0 (09-19-2018 - TX)

Plaintiffs each filed Federal Employers’ Liability Act (FELA) negligence claims
against BNSF in Montana’s Thirteenth Judicial District Court, Yellowstone County.
BNSF is a rail carrier incorporated in Delaware with its principal place of business in
Texas. BNSF does business in Montana: it has 2,061 miles of railroad track in Montana;
employs approximately 2,100 workers in M... More...   $0 (09-18-2018 - MT)

On the evening of November 28, 2008, Matt Hatfield (Matt) dropped off a friend
after a day of hunting. Laterthat night, hespoke with his ex-wifeon the phone. There are
no credible accounts of anyone seeing or speaking with Mattafter that day.
¶4 Although it was not unusual for Matt to be out of contact for a few days, his absence
stretched into weeks, and friends and family m... More...   $0 (09-18-2018 - MT)

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)

Defendant is the mother of three children, including fifteen-year-old J.M. 15 (Son). Son had a history of behavioral problems and had been diagnosed with 16 Attention Deficit Hyperactivity Disorder (ADHD). Defendant also cares for her 17 younger son, who is deaf and suffers from autism and Down syndrome. Along with 18 her own three children, Defendant also cares for her grandchild. 19 ... More...   $0 (09-18-2018 - NM)

The district court summarily denied Dejuan A. Bell's motion for habeas corpus relief based on the motion and the court's files and records. Bell appeals, asking us to remand the case with directions to hold an evidentiary hearing on his motion. When we are presented with an appeal from a summary denial of such a motion, this court is in the same position as the district court and will review the m... More...   $0 (09-18-2018 - KS)

St. Paul Fire and Marine Insurance Co. (“St. Paul Insurance”) appeals the
district court’s grant of summary judgment to Matthew Livers and Nicholas Sampson.
Chief Judge Smith and Judge Colloton file this * opinion pursuant to 8th Cir.
Rule 47E.
-4-
The court concluded that St. Paul Insurance had a duty under its coverage policy to
indemnify David Kofoed for intentional acts... More...   $0 (09-18-2018 - NE)

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)

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)

On July 18, 2015, Saquisha Clark was with her friends Deirdre Dickerson, Artisha Dickerson, and Jodecie Jones. After leaving a bar, the four women were invited to a nearby establishment, the Hell's Lover's Motorcycle Club. Other than Deirdre, who was pregnant, the women had been drinking alcoholic beverages.

After staying a brief time inside the club, the women decided to leave and retu... More...   $0 (09-17-2018 - KS)

On February 12, 2015, the Shelby County Grand Jury indicted Defendant on charges of aggravated robbery, aggravated burglary, employing a firearm during the commission of a dangerous felony, convicted felon in possession of a firearm, convicted felon in possession of a handgun, and evading arrest. Jury trial Marcus Merriweather, the victim, testified that he had been previously convicted of posse... More...   $0 (09-17-2018 - TN)

Milwaukee County (“County”) hired Xavier Thicklen in late 2012 to work as a corrections officer in its jail. County has a zero-tolerance policy forbidding corrections officers from having any sexual
contact with inmates. County repeatedly instructed Thicklen not to engage in any such contact and trained him to avoid it. Thicklen gave answers to quizzes indicating he understood the training. Bu... More...   $0 (09-17-2018 - WI)

Joe Ribakoff, a frequent attendee at meetings of the Long
Beach Transit Company Board of Directors, filled out a public
speaker’s card and spoke on agenda item 10 at the board’s
August 24, 2015 meeting for the three minutes allowed each
public speaker on an agenda item. When he rose to speak a
second time on the same agenda item, it was during the board’s
deliberation and v... More...   $0 (09-16-2018 - CA)