Marriage Law
 
Raul Lopez, Warden v. Marvin Vernis Smith

When a state prisoner seeks federal habeas relief on theground that a state court, in adjudicating a claim on the merits, misapplied federal law, a federal court may grantrelief only if the state court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U. S. C. Â

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Larry Whitfield v. United States of America

Federal law establishes enhanced penalties for anyone who “forces any person to accompany him” in the course ofcommitting or fleeing from a bank robbery. 18 U. S. C. §2113(e). We consider whether this provision applieswhen a bank robber forces someone to move with him over a short distance.
I Petitioner Larry Whitfield, fleeing police after a botchedbank robbery, entered the hom

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Martin Wiesenthal v. Yvonne L. Wiesenthal

In this consolidated appeal, the former husband challenges an order denying his petition for modification of alimony and child support (4D11-3501); an order finding him in contempt for failing to pay alimony and child support (4D11-4400); and the money judgment entered following his failure to pay the attorney’s fees awarded to the former wife in the order denying modification (4D12-3515).

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Joseph M. Ocequeda v. Cherisse Perreira

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA),
adopted by California as Family Code section 3400 et seq., prescribes when a state court
has jurisdiction to make an initial custody determination. Family Code section 3402,
subdivision (g) provides with respect to a child less than six months of age that
jurisdiction rests in the state in which the child “l

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Jay Marc Harris v. Fiesta Texas, Inc., d/b/a Six Flags-Fiesta Texas, and Six Flags Corporation

Jay Marc Harris appeals the trial court’s orders granting summary judgment in favor of the appellees, Fiesta Texas, Inc. d/b/a Six Flags-Fiesta Texas, and Six Flags Corporation (“Six Flags”). Harris contends the trial court erred in granting summary judgment because: (1) he presented evidence to support his discrimination claims; and (2) his claims are not barred by limitations.

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Sarah Richards v. GMRI, Inc. d/b/a The Olive Garden Restaurant

COMES NOW the Plaintiffs, SARAH RICHARDS and CORBITT RICHARDS
(hereinafter “Plaintiffs”), and for their causes of action against Defendants, GMRI, INC. d/b/a
THE OLIVE GARDEN ITALIAN RESTAURANT, THE OLIVE GARI)EN NO. 1591, and
JOHN DOE (hereinafter “Defendants”), allege and state as follows:
STATEMENT OF FACTS
1. On or about November 12, 2009, Defendants

More...   $1633950 (12-11-2012 - OK)

Jamie Michelle Clark v. Peter Andrew Clark

¶1 Petitioner/Appellant Jamie Michelle Clark (Mother) seeks review of the trial court's order denying her motion to reconsider after denying her motion to reduce an alleged child support arrearage to judgment in the divorce action against Respondent/Appellee Peter Andrew Clark (Father). In this proceeding, Mother asserts the trial court erred as a matter of law and fact in refusing to grant her

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Robert K. Cook, II v. Tanya A. Bowen

¶1 Plaintiff/Appellant, Robert K. Cook, II (Cook), seeks review of the trial court's order dismissing his action against Defendant/Appellee, Tanya A. Bowen (Bowen), for an accounting, unjust enrichment and breach of fiduciary duty. Cook also appeals from the trial court's denial of his motion for a temporary injunction. Cook and Bowen are also parties to a dissolution of common law marriage pro

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Michael H. Brady v. Patti W. Brady

¶1 Respondent/Appellant Patti W. Brady (Wife) appeals the trial court's order granting the Motion to Correct Decree Nunc Pro Tunc filed on behalf of Michael H. Brady (Husband). The Decree of Dissolution of Marriage ("Decree") was entered June 27, 2011, and the Agreement Incident to Dissolution of Marriage ("Agreement"), incorporated by reference into the Decree, was signed by Wife and Husband J

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Clifford Charles Tyler v. Hillsdale County Sheriff's Department

This case presents an important issue of first impression in the federal courts: whether a prohibition on the possession of firearms by a person “who has been committed to a mental institution,” 18 U.S.C. § 922(g)(4), violates the Second Amendment.

Twenty-eight years ago, Clifford Charles Tyler was involuntarily committed for less than one month after allegedly undergoing a

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JLS v. DWS

In re the Marriage of JLS and DWS - Divorce with minor children

PETITION FOR DISSOLUTION OF MARRIAGE
COMES NOW, the Petitioner by and through her attorney of record, Gregory J. Denney, and for her cause of action against the Respondent alleges and states:
I.
That Petitioner is now and has been for more than six (6) months next preceding the filing of the petition herein an act

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In re the Marriage of DCR and JLR

In re the Marriage of DCR and JLR - Divorce without minor children

PETITION FOR DISSOLUTJON OF MARRIAGE
Petitioner shows as follows:
(Residency and Jurisdictiofl). That these parties are now and have been residents of the State of Oklahoma for more than six months and have been residents of Tulsa County for more than thirty days preceding the filing of this Petition.
2. (Marri

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Jeanna S. Cheney v. Zachary Poore

Jeanna Cheney appeals the Court of Appeals' decision affirming the district court's award of residential custody of her daughter, Justine Poore, to Justine's father, Zachary Poore. Like the Court of Appeals, we conclude that the district court erred in applying K.S.A. 2013 Supp. 23-3207(b) (dividing the residency of full siblings
3
between their parents) to the residential custody determin

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In the Matter of the Marriage of David M. Traster and Debra C. Traster

This appeal challenges the district court's property division in a divorce case. Our focus is on a document entitled "Post-Nupt[i]al Agreement Dissolution of the Marriage," which the attorney-husband drafted during the marriage, reserving most of the assets for the wife. Husband now claims the agreement is void because of the lopsided property division, even though the agreement explicitly states

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United States of America v. Brenden James Leischner

GREAT FALLS, MT – Former University of Great Falls student, Brenden James Leischner, 24, now of Indio, California, was sentenced to six months in federal custody for Federal Student Financial Aid Fraud, by U.S. District Judge Brian Morris. The United States Attorney’s Office announced that the sentence also included five years’ probation, $82,237 in restitution to the U.S. Dep

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Deborah Cosman v. Joseph Rodriguez

After nearly fifty years of marriage, Joseph Rodriguez shot and killed his
wife, Wanda. Although he claimed his wife's death was a suicide, Rodriguez was
convicted of second-degree murder and sentenced to life in prison. In this appeal
Deborah Cosman, the personal representative of Wanda Rodriguez's estate, challenges
- 2 -
an adverse final judgment in the wrongful death action

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Adoption of Baby Boy W., a minor

A biological father who does not qualify as a presumed father under Family Code section 76111 generally does not have statutory standing to block the adoption of his child unless he proves that it is in the child's best interests that the adoption not proceed. (Adoption of Kelsey S. (1992) 1 Cal.4th 816 (Kelsey S.); Adoption of Michael H. (1995) 10 Cal.4th 1043, 1052 (Michael H.).) Under Kelsey S.

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Renee Feresi v. The Livery, LLC

The Commercial Code1 provides that "a financing statement must be filed to perfect all security interests . . . ." (§ 9310, subd. (a).) It further provides, "A perfected security interest . . . has priority over a conflicting unperfected security interest . . . ." (§ 9322, subd. (a)(2).) Although the code reflects the Legislature's intention to create a simplified, clear and uniform means of

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Marina Pacifica Homeowners Association v. Southern California Financial Corporation and Marianthi Lansdale

This litigation between plaintiff Marina Pacifica Homeowners Association (the
HOA) and defendants William Lansdale1 and Southern California Financial Corporation
(SCFC) concerns the Marina Pacifica Condominium Project (Marina Pacifica) in Long
Beach, California. SCFC appeals, and the HOA cross-appeals, from the judgment after a
bench trial. The parties’ dispute centers aroun

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Germaine Judge v. Nijar Realty, Inc.

Plaintiff Germaine Judge appeals from an order vacating an interim arbitration award. Although an order vacating a final arbitration award is appealable under Code of Civil Procedure1 section 1294, subdivision (c), the order from which Judge appeals vacated a “clause construction award” that did not resolve the entire arbitration. Instead, the arbitrator’s award determined only,

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Lennar Homes of California, Inc. v. Stella Stephens

The agreements between Lennar and Stephens and between Lennar and the Youngs contain identical indemnity clauses. In this lawsuit, Lennar attempts to enforce those indemnity clauses, seeking to recover attorney fees and costs incurred in defending a class action lawsuit, brought initially by Stephens, and later joined by Timothy Young—but not Melissa Young—in the United States Distri

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Adriana Gianturco Saltonstall v. City of Sacramento

The Sacramento Kings, a professional basketball team, have played at the Sleep Train Arena (formerly called Arco Arena) since 1988. In January 2013, the team’s then owners entered into a tentative agreement to sell the Sacramento Kings to a group of investors in Seattle, Washington. Seeking to keep the team in Sacramento, the City of Sacramento (City) partnered with Sacramento Basketball Ho

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Michael Danko v. Terry O'Reilly

One of the original Field Code provisions enacted in 1872 still states: “When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any

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In re the Marriage of Melinda and David Daugherty

Melinda Daugherty appeals an order of the trial court modifying the child support paid by David Daugherty.1 She contends the court miscalculated David’s support obligation by failing to include in his income derivative Social Security disability benefits Melinda receives on behalf of their children—benefits they are entitled to because of David’s disability. We shall affirm th

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Gilda Lappe v. Murray Lappe

This writ proceeding arises from a marital dissolution action brought by petitioner Gilda Lappe against her former husband and real party in interest Murray Lappe.1 The parties agreed to resolve their property and support issues through mediation, during which they purportedly exchanged certain financial disclosure declarations that are mandated by the Family Code. They also executed a marital set

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