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Intervening Cause Law
 
Dustin Lee James v. The People of the State of Colorado MoreLaw Suites - Legal Suites and Virtual Offices The Best Places In Downtown Tulsa To Practice Law 406 South Boulder and 625 South Denver - 582-3993

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)

Oglala Sioux Tribe, et al. v. Lisa Fleming, Mark Vargos, Honorable Craig Pfeifle, Lynne A. Valenti District Court Dakota Federal Courthouse - Rapid City, South Dakota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

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)

COMMONWEALTH vs. FERNANDO PEREZ MoreLaw Suites - The Best Place In Tulsa To Practice Law

In Commonwealth v. Perez, 477 Mass. 677, 688 (2017) (Perez I), we determined that the juvenile defendant, 2 Fernando Perez, received a sentence for his nonhomicide offenses that was presumptively disproportionate under art. 26 of the Massachusetts Declaration of Rights in that the time he would serve prior to parole eligibility exceeded that applicable to a juvenile convicted of murder. We th... More...   $0 (09-16-2018 - MA)

STATE OF OHIO vs. Luis A. Morales, Jr

On April 27, 2016, Detective Lowell Smittle of the Columbus Division of Police applied for a search warrant requesting a search be authorized at 643 Belvidere Avenue "and the curtilage" thereof in Columbus, Ohio. (Aff. in Support of Warrant to No. 17AP-807 2 Search at 2; Search Warrant at 1.) The affidavit in support of the warrant to search provided by Smittle states: In January 2016, D... More...   $0 (09-16-2018 - OH)

STATE OF OHIO v. MYCHAEL JENKINS MoreLaw Suites Legal Suites and Virtual Offices In Downtown Tulsa 406 South Boulder 918-582-3993 or Info@morelaw.com

This case arises from an altercation that took place between Jenkins and
Jade Hamilton on January 6, 2017. Following an investigation, Jenkins was charged
with one count of domestic violence and one count of assault. A jury trial was conducted
on July 20, 2017.
{¶ 5} During trial, Hamilton testified that she took her six-month old son to Dayton
Children’s Hospital beca... More...
   $0 (09-16-2018 - OH)

CITY OF TULSA v. HODGE

In 2010 the Workers' Compensation Court held that Ms. Hodge sustained an accidental injury on September 15, 2008 in the course of her employment. The trial court awarded her benefits for injuries to the left leg (knee), cervical spine, left shoulder, and whole body. The matter currently before this Court arises out of a subsequent claim filed by Ms. Hodge seeking additional benefits alleging she s... More...   $0 (09-13-2018 - OK)

STATE OF KANSAS v. ERNEST E. SANDOVAL Morelaw Performance Internet Marketing 918- 582-3993 Your Completely Free Marketing If It Does Not Work Source >

Defendant Ernest E. Sandoval pleaded guilty to a 2007 aggravated indecent solicitation. In 2011, he received a 34-month prison sentence with 24 months' postrelease supervision and was placed on probation.

At the time Sandoval committed his crime, aggravated indecent solicitation carried a mandatory lifetime postrelease supervision period. See K.S.A. 22-3717(d)(1)(G) (persons sentenced f... More...
   $0 (09-13-2018 - KS)

Harmun Takhar v. The People ex rel. Feather River Air Quality Management District

This appeal challenges the trial court’s denial of a special motion to strike
pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute,1 directed at a
cross-complaint asserting causes of action arising from a civil enforcement action
brought by Feather River Air Quality Management District against Harmun Takhar for
multiple violations of state and local air pollut... More...
   $0 (09-13-2018 - CA)

Donald Larry Martin v. Social Security Administration, Commissioner Northern District of Alabama Federal Courthouse - Birmingham, Alabama

This case requires us to consider the boundaries of “payment based wholly on service as a member of a uniformed service” for the purposes of Social Security benefit calculations. We agree with the Social Security Administration’s interpretation, and affirm the district court’s decision.
I.
Donald Larry Martin appeals from the Social Security Administration (SSA)’s decision to reduce his mo... More...
   $0 (09-12-2018 - AL)

Amanda Kondrat'Yev v. City of Pensacola, Florida United States District Court for the Northern District of Florida Federal Courthouse - Pensacola, Florida

The City of Pensacola, Florida appeals a district court decision ordering it to remove a 34-foot Latin cross from a public park on the ground that the City’s maintenance of the cross violates the First Amendment’s Establishment Clause. Having concluded that we are bound by existing Circuit precedent, we find ourselves constrained to affirm.
I
The pertinent facts are undisputed. In 1941, th... More...
   $0 (09-12-2018 - FL)

William Hatcher v. MDOW Insurance Company Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

William Hatcher appeals following an adverse jury verdict on his claim seeking
additional insurance benefits for smoke and fire damage at his home. He argues the
district court misinterpreted his insurance policy as an actual-cash-value policy rather
than a replacement-cost policy. In addition, he raises an evidentiary issue, arguing the
district court improperly prevented him from... More...
   $0 (09-10-2018 - AR)

UNITED STATES OF AMERICA v. ANTONIO GARCIA-LOPEZ

Antonio Garcia-Lopez (“Garcia-Lopez”) appeals the district court’s denial of his Motion to Withdraw his Guilty Plea (“Motion to Withdraw”). He contends we should reverse because (1) he did not have an interpreter in his native tongue, Zapotecan, at his plea hearing and did not fully understand the proceedings, and (2) the Supreme Court’s decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018), and... More...   $0 (09-09-2018 - CA)

UNITED STATES OF AMERICA v. AMY GONZALEZ UNITED STATES OF AMERICA v. DAVID MATUSIEWICZ

David Matusiewicz1 and Christine Belford were married from 2001 to 2006, during which time they had three children, L.M.1, L.M.2, and K.M.1 (the “children”). The couple and their children also lived with Belford’s one child from a previous marriage, K.M.2.2 After their divorce, Belford and David engaged in a bitter custody dispute, during which David accused Belford of being an unfit mother and ... More...   $0 (09-09-2018 - DE)

Willie D. Triplett v. State of Mississippi

On August 31, 2016, Investigator Ralph Sciple of the Neshoba County Sheriff’s Department received a phone call from Gerald Beam, the owner of a local pawn shop. Beam told Sciple that a black man had just tried to pawn a Mantis tiller. Beam suspected that the tiller was stolen, although the record does not indicate why Beam was suspicious. Beam gave Sciple the tag number for the vehicle that the... More...   $0 (09-09-2018 - FL)

THOMAS TUBBS, et al. v. BNSF RAILWAY COMPANY, INC

The Tubbses own and operate a farm in a floodplain near the Missouri River in Holt
County, Missouri. The farm is located just southeast of Big Lake and about three-and-a-half
miles east of the Missouri River. BNSF, an interstate freight railroad, owns and operates a track
that runs east to west across the floodplain and bisects the Tubbses’ farm. The track sits atop an
earth... More...
   $0 (09-05-2018 - MO)

UNITED STATES OF AMERICA v. THEODORE L. CLARK, III

We derive the facts relevant to the traffic stop from a forensically enhanced audiovisual recording of it and the District Court’s undisputed factual findings. The traffic stop here began routinely. Bradley asked to see Roberts’ license, registration, and proof of insurance. Roberts handed over the first two items, but he could not find the vehicle’s registration. Dashboard Camera Video (“DCV”) 0... More...   $0 (09-05-2018 - NJ)

STATE OF OHIO -vs- SPENCER T. SHRIDER

On December 24, 2016, Defendant-Appellant Spencer T. Shrider was driving on Northpointe Drive located in Zanesville, Ohio. Sheyallen M. Herd was riding in the passenger’s seat. Shrider lost control of the vehicle and hit the passenger’s side of the vehicle into an electrical pole. Herd was badly injured. When emergency responders came to the scene of the accident, they found Herd unconscious i... More...   $0 (09-04-2018 - OH)

STATE OF OHIO v. DARION ARNOLD

Arnold is the first cousin of C.H., a female who has been diagnosed with developmental delays and related disorders that impede her cognitive functioning. From the age of six months, C.H. was raised by her maternal aunt, P.R. (“Mother”),1 who also is Arnold’s mother. C.H. and Arnold regard one another as siblings. {¶ 3} On March 4, 2017, when C.H. was 13 years old and Arnold was 24, C.H., Arn... More...   $0 (09-04-2018 - OH)

Ronnie Ricks, Jr. v. The State of Texas

Ricks, who was a sergeant in the Texas Army National Guard, was in New Boston, Texas, for an Army drill on the weekend of November 15, 2014. Ricks, along with other members of his unit, stayed at a local hotel that weekend. On the evening of November 15, some of the unit members attended a presentation in room 105 of the hotel. Ricks attended the presentation, as did Jane Smith.2 Following t... More...   $0 (09-01-2018 - TX)

Talawrence Donyea Tennell v. The State of Texas

Appellant Talawrence Donyea Tennell lived with his girlfriend Crystal Harris. Two children lived with them, Harris’s seven-month-old daughter, Hailey, and her five-year-old daughter, Riley. One afternoon, Harris left Hailey at home, and she asked Tennell to watch the baby. When Harris returned home approximately two hours later, Tennell was holding Hailey. The baby was unresponsive, and her ... More...   $0 (08-31-2018 - TX)

STATE OF KANSAS v. JASE DEREK STANTON

A bench trial was held on two charges filed against Stanton of aggravated criminal sodomy, one with L.B. as the victim and one with T.J. as the victim.

Prior to trial, the State sought permission to introduce evidence pursuant to K.S.A. 2015 Supp. 60-455(d) ("evidence of the defendant's commission of another act or offense of sexual misconduct is admissible, and may be considered for it... More...
   $0 (08-31-2018 - KS)

James John Waite, Jr. v. AII Acquisitions Corporation, et al. United States District Court for the Southern District of Florida - Miami, Florida Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

While living in Massachusetts, James Waite was exposed repeatedly to asbestos, some of which was mined and sold by Union Carbide Corporation. More than twenty-five years after his initial asbestos exposure, Mr. Waite moved to Florida, where he was diagnosed with mesothelioma. Mr. Waite and his wife, Sandra Waite, filed a lawsuit in Florida state court against a group of defendants that included Un... More...   $0 (08-31-2018 - FL)

CHATHA TATUM v. STATE OF KANSAS

The relevant facts relating to Tatum's convictions are set forth in the Kansas Supreme Court's opinion in State v. Tatum, 281 Kan. 1098, 135 P.3d 1088 (2006):
2
"On December 17, 2003, Damon Walls, his girlfriend Kyea Kimbrough, and his friend Terrell Williams drove to Dwayne Coates' house in Kansas City, Kansas, to purchase marijuana. The buy had been prearranged shortly before. When th... More...
   $0 (08-30-2018 - KS)

STATE OF KANSAS v. JAMES EDWIN SPEER Aggravated indecent liberties with a child

On July 2, 2013, a member of the Hodgeman County Sheriff's Office stopped Speer, who was 21 years old, because of a report of reckless driving. M.V., a 14-year-old girl, was also riding in Speer's truck. The officer ultimately arrested Speer and took him to Hodgeman County Jail. The Hodgeman County Sheriff's Office detained M.V. at her father's request so he could pick her up.

Undershe... 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)

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