Hague Convention Law
 
The People v. Michael Lofchie

The issue presented in this case is whether a University of California1 faculty member may be criminally prosecuted under Government Code section 10902 for participating in a decision to hire his wife as a program assistant for a four-week summer study abroad course. We conclude that he may not, and for reasons we discuss affirm the trial court’s order dismissing the information under Penal Code... More...   $0 (08-27-2014 - CA)

Elaine Mary Murphy v. William Milligan Sloan

In this case we consider the significance of a “trial period” of residence on a
child’s “habitual residence” under the Hague Convention on the Civil Aspects of
International Child Abduction.1 Elaine Murphy seeks the return of her child, E.S.,
to Ireland. We affirm the judgment of the district court that E.S. was a habitual
resident of the United States, where she presentl... More...
   $0 (08-25-2014 - CA)

Jeniffer Aloysius v. Mark Kislingbury

Appellant, Jeniffer Aloysius, challenges the trial court’s judgment, entered after a trial to the court, in favor of appellee, Mark Kislingbury, in his suit against her for breach of contract, fraud, conversion, and breach of fiduciary duties. In
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four issues, Aloysius contends that Kislingbury lacks standing to recover in his individual capacity, the evidence is legally and factually i... More...
   $0 (08-19-2014 - TX)

Thomas R. Okrie v. State of Michigan

Plaintiff, Thomas R. Okrie, commenced this original action petition to challenge the
constitutionality of 2013 Public Act 164 (PA 164).1 Plaintiff objects to the transfer of the Court
of Claims from the Ingham Circuit Court (the Thirtieth Circuit Court), where it has been housed
since 1978, to this Court, where appeals from the Court of Claims are also heard. Plaintiff
challenges t... More...
   $0 (08-19-2014 - MI)

United States of America v. Santiago Contreras Orozco

Santiago Contreras Orozco was convicted of
manufacturing 1,000 or more marijuana plants, in violation of
21 U.S.C. § 841(a)(1), (b)(1)(A)(vii), and 18 U.S.C. § 2, and
carrying a firearm during a drug trafficking crime, in
violation of 23 U.S.C. § 541(a)(1) and 18 U.S.C.
§ 924(c)(1)(A)(i). Orozco appeals his convictions,
challenging two rulings made by the district court... More...
   $0 (08-13-2014 - WA)

United States of America v. Song Shen Zhen

San Diego, CA - United States Attorney Laura E. Duffy announced the sentencing of Song Shen Zhen, for smuggling 241 swim bladders from endangered Totoaba fish from Mexico into the United States. The Honorable Marilyn L. Huff handed down a one year sentence to Zhen and ordered him to pay restitution in the amount of $120,500 to the “Procuraduria Federal de Proteccion al Ambiente,” Mexico’s en... More...   $0 (08-11-2014 - CA)

Kimberly Patrice Young v. Daimler AG

In this products liability action, the trial court granted a motion to quash service of summons for lack of personal jurisdiction filed by specially-appearing defendant Daimler AG, a German public stock company (Daimler). Appellants contend that the trial court’s jurisdictional decision is erroneous, as a finding of general personal jurisdiction over Daimler is appropriate based on the substanti... More...   $0 (08-05-2014 - CA)

Cellport Systems, Inc. v. Peiker Acustic GMBH & Co., K.D.

In October 2004, Cellport Systems, Inc. (“Cellport”) and Peiker Acustic GMBH &
Co. KG (“Peiker”) entered into an agreement concerning Cellport’s technology for the
hands-free use of cellphones in vehicles. In 2009, Cellport filed suit against Peiker,
alleging breach of that agreement and seeking royalties for seven Peiker products. The
district court awarded Cellport roya... More...
   $0 (08-05-2014 - CO)

United States of America v. Jean Claude Kodio Toviave

Child abuse is a state crime, but not a federal crime. Forced
labor is a federal crime, 18 U.S.C. § 1589, but the statute obviously does not extend to requiring
one’s children to do their homework, babysit on occasion, and do household chores. Only by
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No. 13-1441 United States v. Toviave Page 2
bootstrapping can this combination of two actions that are not federal crimes... More...
   $0 (08-04-2014 - MI)

City of San Diego v. Melvin Shapiro

In 1978, California voters enacted Proposition 13, which amended the California Constitution by adding article XIII A (article XIII A). The amendment "plac[ed] significant limits on the taxing power of local and state governments." (State Building & Construction Trades Council of California v. City of Vista (2012) 54 Cal.4th 547, 562, fn. 3.) As pertinent here, article XIII A, section 4 provides, ... More...   $0 (08-01-2014 - CA)

Claudia Nineth Bedoya Lopez de Zea v. Eric H. Holder, Jr.

Claudia Nineth Bedoya Lopez de Zea
("Bedoya") petitions for review of the Board of Immigration
Appeals' ("BIA") decision, challenging only the determination that
she was not eligible for withholding of removal. We deny the
petition because substantial evidence supports the BIA's findings
that Bedoya had established neither past persecution nor a clear
probability of future ... More...
   $0 (07-30-2014 - MA)

David Perez v. Eric H. Holder, Jr.

David Perez, a native and citizen of
El Salvador, petitions for review of the August 30, 2013 order of
the Board of Immigration Appeals ("BIA") denying his motion for
reconsideration. The order states that Perez's "motion does not
identify any error of law or fact in [the BIA's] decision or
identify any argument advanced on appeal that was improperly
overlooked by the Board... More...
   $0 (07-30-2014 - MA)

Farabi, Inc. v. Harris County, Texas

This case arises out of the condemnation of appellant Farabi, Inc.’s property by appellee Harris County. Farabi appeals the trial court’s grant of the County’s motion for partial summary judgment. Farabi argues that the County failed to meet its burden to prove as a matter of law it was entitled to summary judgment because it did not establish that the condemnation of all of Farabi’s prope... More...   $0 (07-24-2014 - TX)

State of Utah v. Bradley Fuller

¶1 After police discovered child pornography on Defendant Bradley Fuller‘s computer, he was charged with ten counts of sexual exploitation of a minor, all second-degree felonies. Pursuant to a plea agreement, Mr. Fuller pled guilty to five counts of voyeurism but reserved the right to appeal the trial court‘s order denying his Motion to Suppress. On appeal, he challenges the warrant under the... More...   $0 (07-11-2014 - UT)

State of Utah v. Bradley Fuller

¶1 After police discovered child pornography on Defendant Bradley Fuller‘s computer, he was charged with ten counts of sexual exploitation of a minor, all second-degree felonies. Pursuant to a plea agreement, Mr. Fuller pled guilty to five counts of voyeurism but reserved the right to appeal the trial court‘s order denying his Motion to Suppress. On appeal, he challenges the warrant under the... More...   $0 (07-11-2014 - UT)

United States of America v. Gene Harris

Miami, FL - Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Dan Ashe, Director, U.S. Fish and Wildlife Service (FWS) announced that Gene Harris, 76, of Miami, pled guilty yesterday to the sale and purchase of, the offer of sale and purchase of, and the intent to sell and purchase horns of a black rhinoceros (Diceros bicornis) with a market value in excess of $35... More...   $0 (07-03-2014 - FL)

Rene Montes Mayorga v. Attorney General of the United States

This case gives this court another opportunity to analyze the meaning of a Crime Involving Moral Turpitude (“CIMT”), a provision of the Immigration and Nationality Act (“INA”), INA § 212(a)(2)(A)(i)(I); 8 U.S.C § 1182(a)(2)(A)(i)(I).2 Before we reach that issue, we must decide whether the Immigration Judge (“IJ”), as affirmed by

1 The attorneys for petitioner have been acting ... More...
   $0 (06-27-2014 - PA)

Eleanor McCullen v. Coakley, Attorney General of Massachusetts

Massachusetts amended its Reproductive Health Care Facilities Act, which had been enacted in 2000 to address clashes between abortion opponents and advocates of abortion rights outside clinicswhere abortions were performed. The amended version of the Act makes it a crime to knowingly stand on a “public way or sidewalk” within 35 feet of an entrance or driveway to any “reproductive health car... More...   $0 (06-26-2014 - MA)

Derek Kitchen v. Gary R. Herbert

Our commitment as Americans to the principles of liberty, due process of law, and equal protection of the laws is made live by our adherence to the Constitution of the United States of America. Historical challenges to these principles ultimately culminated in the adoption of the Fourteenth Amendment nearly one-and-a-half centuries ago. This Amendment extends the guarantees of due process and equa... More...   $0 (06-26-2014 - )

Arnold Ochoa v. The City of Palmview

In this accelerated appeal, appellant Arnold Ochoa challenges the trial court’s judgment granting a plea to the jurisdiction in favor of appellee, the City of Palmview, Texas (“Palmview”), on the basis of governmental immunity. We affirm.

I. BACKGROUND

Ochoa served as a patrolman with the Palmview Police Department beginning in

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1995. According to Ochoa, in 2011,... More...
   $0 (06-19-2014 - TX)

Sheya MAndebvu v. Eric H. Holder. Jr.

For more than two decades, Robert Mugabe has exercised power as the repressive head of state of Zimbabwe. Although he has permitted official national elections in recent years, Mugabe’s Zimbabwe African National Union-Patriotic Front (“ZANU-PF”) party has maintained control of the political process through violence and corruption, specifically targeting members of the opposition for killings... More...   $0 (06-18-2014 - OH)

Jose I. Sanchez v. Ruth E. Suasti

Jose I. Sanchez, the father, appeals the trial court’s denial of his petition for the return of his minor children to Brazil under the Hague Convention on the Civil Aspects of International Child Abduction.1 While acknowledging that the mother, Ruth E. Suasti, unilaterally removed the children from Brazil, the trial court decided that the father lacked the necessary “rights of custody” under... More...   $0 (05-28-2014 - FL)

United States of America v. Zhifei Li

NEWARK, N.J. – Zhifei Li, the owner of an antique business in China, was sentenced today to 70 months in prison for heading an illegal wildlife smuggling conspiracy in which 30 rhinoceros horns and numerous objects made from rhino horn and elephant ivory worth more than $4.5 million were smuggled from the United States to China.

The sentence – one of the longest ever imposed in the Un... More...
   $0 (05-27-2014 - NJ)

Michigan v. Bay Mills Indian Community

The State of Michigan, petitioner, entered into a compact with respondent Bay Mills Indian Community pursuant to the Indian Gaming Regulatory Act (IGRA). See 25 U. S. C. §2710(d)(1)(C). The compact authorizes Bay Mills to conduct class III gaming activities (i.e., to operate a casino) on Indian lands located within the State’s borders, but prohibits it from doing so outside that territory. Bay ... More...   $0 (05-27-2014 - DC)

Antipas Johnlang Konou v. Eric H. Holder, Jr.

Petitioner Antipas J. Konou seeks review of an order by the Board of Immigration Appeals (BIA) reversing the Immigration Judge’s (IJ’s) finding that Konou was eligible for relief under the Convention Against Torture (CAT). This case arises from the fact that Konou fled the Marshall Islands in 1980 as a teenager after being sexually assaulted and beaten as a homeless, homosexual child. The auth... More...   $0 (05-09-2014 - CA)

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