Guardian Law
 
State Of Kansas v. John E. Robinson, Sr.

1.
A constitution-based claim for venue change can arise under a theory of presumed or actual prejudice. Presumed prejudice occurs when pretrial publicity is so pervasive and prejudicial that there can be no expectation of an unbiased jury pool in the community. In deciding whether to presume prejudice under the Sixth Amendment to the United States Constitution, an appellate court considers se... More...
   $0 (11-27-2015 - KS)

Mary L. Rinnier v.Gracelawn Memorial Park Inc., et al

These are the facts as I find them after trial. The petitioner, Mary L. Rinnier
(―Ms. Rinnier‖), is the mother of Laura Bowdoin (―Mrs. Bowdoin‖). Mrs.
Bowdoin, who was married to the respondent, George Bowdoin (―Mr. Bowdoin‖),
died in Pasco County, Florida on June 19, 2008. Mr. and Mrs. Bowdoin had one
daughter, B., who was twelve at the t... More...
   $0 (11-24-2015 - DE)

State Of New Mexico v. Nichols

Alycia Nichols, Jeremy Nichols’ wife, gave birth to Kaden and his twin 1
10 brother Bryce in September 2005. The twins were delivered by Caesarean section
11 after the doctor made several unsuccessful attempts to get Kaden into a position
12 where he could be delivered naturally. Kaden was stuck in the birth canal for a period
13 of time, resulting in bruising over the majority of ... More...
   $0 (11-23-2015 - NM)

USA v. AL Power Company, et al

The motion states that it is brought pursuant to 28 U.S.C. § 455(a), (b)(4), and (b)(5)(iii) and
that recusal is mandatory under those provisions. Accordingly, I will limit my discussion to the facts
and the law relevant to the Government’s motion, as framed. The facts, as laid out by the Government’s brief, are these: The motion was filed by the United States Environmental Protection A... More...
   $0 (11-21-2015 - AL)

In re A.A.

Following the birth of A.A. on April 26, 2013, Matthew and Caitlin signed a VAP pursuant to section 6(a) of the Illinois Parentage Act of 1984 (Parentage Act) (750 ILCS 45/6(a) (West 2012)). Caitlin, A.A.’s mother, had been married to Jakob S., who signed a denial of paternity as to A.A. ¶ 4 On June 10, 2013, the State filed a petition for adjudication of wardship in juvenile court following an ... More...   $0 (11-20-2015 - IL)

Michael James Brown a/k/a Michael J. Brown v. State of Mississippi

DeMon McClinton (DeMon), the son of Thomas McClinton (Thomas) and Rebecca
Henry (Rebecca), and the grandson of Dr. Aaron Henry (Dr. Henry), was born on November
30, 1983. In May of 1997, Dr. Henry passed away, leaving his estate, including partial
ownership in several television stations, to his daughter, Rebecca. On December 17, 1999,
when DeMon was sixteen years old, Rebecca di... More...
   $0 (11-16-2015 - MS)

BOMBARDIER, INC. v. UNITED STATES DEPARTMENT OF LABOR et al

When someone believes that he or she has been discharged or otherwise discriminated
against in violation of § 42121(a), the person has ninety days from the date of discharge or
discrimination to file a complaint with the Secretary of Labor. Id. § 42121(b)(1); 29 C.F.R.
§ 1979.103(d). Department of Labor regulations oblige the complainant to file the complaint
with the Occupatio... More...
   $0 (11-15-2015 - DC)

United States of America v. Stellato

The accused, a reservist recalled to active duty, was a
major assigned to the 348th Military Police Battalion, Fort
Bliss, during the times relevant to this case. In May 2009, the
accused’s wife, Mrs. MS, made a complaint to the Allen County,
Indiana, Sheriff’s Department that the accused had molested
their daughter, Miss MS,2 between 2007 and 2009. Miss MS was
betw... More...
   $0 (11-10-2015 - DC)

Jo Ann Mercer v. Liberty Mutual

Jo Ann Mercer, individually and as Legal Guardian and Next Friend of B.M., a minor, sued Liberty Mutual claiming:

1. Jo Ann Mercer is the Legal Guardian and next friend of B. Mercer; and is bringing this cause of action both individually and on B. Mercer’s behalf. The Plaintiff is a resident of Cleveland County.
2. On or about November 1, 2014, B. Mercer was involved in an automobile ... More...
   $0 (11-09-2015 - OK)

State Of Kansas v. Robinson

A constitution-based claim for venue change can arise under a theory of presumed or actual prejudice. Presumed prejudice occurs when pretrial publicity is so pervasive and prejudicial that there can be no expectation of an unbiased jury pool in the community. In deciding whether to presume prejudice under the Sixth Amendment to the United States Constitution, an appellate court considers seven fac... More...   $0 (11-09-2015 - KS)

Kreyhsig v. Montes

Appellant was born at the Florence Crittenton Maternity Home in Washington, D.C.,
on May 1, 1958. His natural mother was an unmarried 33-year-old secretary who had
concealed her pregnancy from her parents, quit her job with the federal government, and
entered a maternity home sometime after Christmas in 1957. According to the 1958 Report
of Adoption Investigation, appellant’s mot... More...
   $0 (11-08-2015 - MD)

United States of America v. William Sylvia

Baltimore, MD - Twice Convicted Pedophile Pleads Guilty to Possession of Child Pornography

William Sylvia, age 71, of Hagerstown, Maryland, pleaded guilty to possession of child pornography.

According to Sylvia’s plea agreement, in approximately 1995, Sylvia was convicted of raping a child in Massachusetts, and sentenced to 7 to 10 years’ incarceration. On September 3, 2004, in... More...
   $0 (11-07-2015 - MD)

In the Matter of G.P

On May 4, 2015, G.P's mother petitioned the New Bedford Division of the District Court Department (New
Bedford District Court) to have her daughter committed pursuant to § 35. The petition alleged in relevant part that G.P.'s mother had observed G.P. abusing heroin and that G.P. was using about two grams per day; that G.P. had stated that she would kill herself with heroin if she could obtai... More...
   $0 (11-05-2015 - MA)

Chesapeake Exploration, L.L.C. v. Buell

In this case, which is before us on the certification of state-law questions by the United States District Court for the Southern District of Ohio, Eastern Division, we address whether, under Ohio’s Dormant Mineral Act, codified in R.C. 5301.56, a recorded lease of severed oil and gas rights, or the expiration of that lease, is a title transaction that constitutes a saving event to preclude the se... More...   $0 (11-05-2015 - OH)

Wimp v. American Highway Technology

This appeal is brought by an employer and its insurance carrier from an order awarding permanent-total-disability compensation to its employee. An employee qualifies for that compensation when an on-the-job injury has left "the employee . . . completely and permanently incapable of engaging in any type of substantial and gainful employment."
Wimp worked for 18 years doing manual labor for Amer... More...
   $0 (11-04-2015 - KS)

Robert L. Mitchell v. State of Tennessee

This Court summarized the facts supporting the Petitioner‟s convictions in his first appeal as follows:
On February 4th and 5th, 2004, the [Petitioner] committed a series of acts against his wife, C.F.M., FN1 who was the primary victim of the crime, and his nine-year-old stepdaughter, B.R.S., which led to the various convictions. The events began at the family home in Davidson County,... More...
   $0 (11-02-2015 - TN)

Francis D. MacCarthy v. Lindsay Management Co., Inc.

Norman, OK - Francis D. MacCarthy, by and through his court appointed guardian, sued Lindsay Management Co., Inc., Travis Charles Farasyn, Ashley Noelle Farasyn, The Greens at Norman, and the Links at Norman Golf and Country Club on premises liability theories claiming:

1. That at all relevant times herein, the Plaintiff Francis D. MacCarthy was a resident of Cleveland County, State of Ok... More...
   $0 (10-30-2015 - OK)

Faye Comte and Laura Severt v. Smith County Commissioners Court and Joel P. Baker, Cary Nix, Jeff Warr, Joann Hampton, and Terry Phillips, each in his or her official capacity as a Smith County Commissioner

In this appeal out of Smith County,1 we are faced with a clash of principles. On one hand, we have the broad authority and discretion of county commissioners over county funds and budgets. On the other, we have (1) the Constitutional obligation of courts handling certain cases involving protection of children to arrange legal representation for indigent parties at county expense and (2) the author... More...   $0 (10-28-2015 - TX)

In the Interest of L.D.L.H and C.A.L., Children

This is an accelerated appeal from a trial court’s order terminating appellant father’s parental rights to his children, L.D.L.H. and C.A.L.1 In two issues, appellant father (“Father”) argues: (1) he was deprived of effective assistance of counsel because his appointed attorney failed to request a continuance, and (2) the termination order is void because the trial court “nonsuited” a portion of t... More...   $0 (10-28-2015 - TX)

Tyrone Burrell v. State of Mississippi

On the morning of November 5, 2012, Charles and Fredna Jeter left their home in
Horn Lake and headed to Bally’s Casino in Tunica. Fredna drove, as Charlie had stopped
driving several years earlier after a stroke and a heart attack. Inside Bally’s, Fredna played
the slot machines at the front of the casino, and Charlie played machines in the back.
¶3. Tyrone Burrell approached Cha... More...
   $0 (10-28-2015 - MS)

In the Interest of D.J.V., a Child

A.B.S. (Mother) appeals the trial court’s final decree terminating her
parental rights with respect to her son, David.1 David’s father, whose parental
rights were also terminated, does not appeal. Mother raises two issues concerning
the legal and factual sufficiency of the evidence to support the trial court’s findings
1 We use fictitious names to refer to the children discussed in... More...
   $0 (10-27-2015 - TX)

Mariano Diaz, Individually and a/n/f of Mariano Diaz II, a Minor Child v. Kevin Johnson, John Edward Johnson, Johnnie M. Williams, and Joe Oran Williams

Appellant Mariano Diaz appeals the failure of the trial court to award his
counsel’s attorney’s fees on a minor’s settlement. In three issues, he asserts:
(1) the trial court denied his counsel due process of law by ordering the forfeiture
of his attorney’s fees; (2) the intervenor lacked authority to effectuate the
settlement; and (3) this court should remand for determination of ... More...
   $0 (10-27-2015 - TX)

David Childers and Robert DeShawn Childers v. Leroy Darby

In August 2012, Darby filed a complaint to quiet title in certain real property, averring: "1. This action is brought pursuant to the Code of Alabama, 1975, as amended, § 6-6-540, et seq., and 6-[6]-560, et seq. "The Defendant land, in which a fee simple ownership interest is sought, is as follows: "Beginning at a point on the East line of the Northeast 1/4 of the Northeast 1/4 of Section 9, Town... More...   $0 (10-27-2015 - AL)

Commonwealth of Massachusetts v. Packer

The family. At the time of the incident, the daughter lived with her father, the defendant, and the
daughter's eight year old half-sister (born of the father and the defendant). The father and the defendant were married, and the jury reasonably could have inferred that the couple had been
together for at least eight years (the age of the half-sister).1 The father was never married to t... More...
   $0 (10-27-2015 - MA)

James B. Nutter & Co. v. Black

This opinion is about the scope of legal protections afforded to individuals who
are unable to handle their financial affairs in a responsible manner because of a physical
or mental condition. We will use the terms “disabled,” “under a disability,” and “subject
to guardianship proceedings” to refer to persons who have been adjudicated by a court to
be unable to manage their propert... More...
   $0 (10-26-2015 - MD)

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