Mitigation Law |
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STATE OF OHIO vs. CALVIN L. ALEXANDER
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At a single hearing held in March 2015, Alexander entered into a plea
agreement with the state in Cuyahoga C.P. Nos. CR-13-579939-A and CR-13-580048-A.
In Case No. CR-13-579939-A, Alexander pleaded guilty to one count of having weapons
while under disability in violation of R.C. 2923.13(A)(2), with a forfeiture specification;
and one count of drug trafficking in violation of ... More... $0 (04-07-2018 - OH)
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STATE OF OHIO vs. QUISI BRYAN
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Appellant Quisi Bryan appeals the trial court’s denial of his motion for
leave to file a motion for a new mitigation trial. Upon review, we affirm the trial court’s
decision because the motion for leave was untimely.
{¶2} After a jury trial, Bryan was found guilty of two counts of aggravated murder
for the killing of a police officer, two counts of attempted murder of another... More... $0 (04-07-2018 - OH)
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STATE OF OHIO vs. DASHAWN STROWDER
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For the sake of clarity, we shall address the third assigned error last. Having
reviewed the record and pertinent law, we affirm the convictions, but reverse and remand
for resentencing. The apposite facts follow.
{¶3} This case originated in juvenile court when then-17-year-old Strowder was
charged in connection with offenses alleged to have occurred on or about April 21, 20... More... $0 (04-06-2018 - OH)
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Joshua T. Trammell v. State of Indiana
COURT OF APPEALS OF INDIANA
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On April 29, 2013, Trammell stole “fifty to seventy-five dollars” worth of scrap
metal. (Tr. Vol. II at 47.) On February 11, 2016, the State charged him with
Class D felony theft. On February 13, 2017, Trammell pled guilty without
benefit of a plea agreement. However, the trial court noted “the State has
agreed not to file the Habitual Offender count” in return for Trammell... More... $0 (04-06-2018 - IN)
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In re Roy Butler on Habeas Corpus
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People convicted of noncapital murder and certain other criminal offenses
in California serve indeterminate sentences that run from a minimum number of
years to life, making release possible before the end of their life. The Board of
Parole Hearings (the Board) decides, subject to relevant statutory provisions and
review by the Governor, whether such prisoners are suitable for rele... More... $0 (04-06-2018 - CA)
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New Cingular Wireless PCS, LLC v. Public Utilities Commission of the State of California, The Utility Reform Network, Real Party in Interest
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Following our decision in New Cingular Wireless PCS, LLC v. Public Utilities
Com. (2016) 246 Cal.App.4th 784 (New Cingular), the California Public Utilities
Commission (CPUC), on remand, issued Decision No. 17-04-0071
and Decision No. 17-
11-0382
(collectively, the Remand Decisions), awarding intervenor compensation to The
1 Order Instituting Investigation on the Commi... More... $0 (04-04-2018 - CA)
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STATE OF KANSAS v. JAMES K. KAHLER
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A recitation of some family history preceding the murders is necessary to put Kahler's crimes in context. In 2008, the Kahler family—husband, Kahler; wife, Karen; teenage daughters, Emily and Lauren; and 9-year-old son, Sean—was living in Weatherford, Texas. Kahler was the director of the public utilities department, and Karen was a personal trainer. Both adults had successful careers. Acquaintanc... More... $0 (03-31-2018 - KS)
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UNITED STATES OF AMERICA v. JEFFREY D. BETTS
United States Court of Appeals for the Second Circuit
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Defendant Jeffrey Betts (“defendant” or “Betts”) appeals from a December 7, 2016 judgment of the United States District Court for the Western District of New York in which he was sentenced principally to a term of ten months’ imprisonment and four years of supervised release. This sentence resulted from Betts’s multiple violations while on supervised release for a previous convictio... More... $0 (03-31-2018 - NY)
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1901 First Street Owner, LLC v. Tustin Unified School District
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Plaintiff 1901 First Street Owner, LLC (First Street), appeals from a
judgment which interpreted the meaning and application of Government Code section
65995, subdivision (b)(1), in a manner favorable to defendant Tustin Unified School
District (the District).1
First Street is the developer of an apartment complex. The
underlying dispute arose after the City of Santa Ana (the ... More... $0 (03-31-2018 - CA)
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JAMES GUZMAN vs. STATE OF FLORIDA
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In September 1992, James Guzman was convicted for the August 10, 1991,
armed robbery and first-degree murder of David Colvin and was subsequently
sentenced to death for the murder conviction. On direct appeal, we reversed
1. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.
- 2 -
Guzman’s convictions an... More... $0 (03-26-2018 - FL)
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JEFFREY GLENN HUTCHINSON vs. STATE OF FLORIDA
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Jeffrey Glenn Hutchinson appeals an order of the circuit court summarily
denying a motion to vacate a judgment of conviction of first-degree murder and a
sentence of death under Florida Rule of Criminal Procedure 3.851. We have
jurisdiction. See art. V, § 3(b)(1), Fla. Const. We affirm the circuit court’s
summary denial of Hutchinson’s postconviction claim in light of our de... More... $0 (03-25-2018 - FL)
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KENTRELL F. JOHNSON vs. STATE OF FLORIDA
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On March 30, 2010, Johnson and codefendants Quentin Truehill1 and Peter
Hughes escaped custody at Avoyelles Parish Sherriff’s Office in Marksville,
Louisiana. Johnson and his codefendants stole a truck and traveled to Florida,
committing a series of violent crimes along the way, including the kidnapping and
killing of Vincent Binder.
On the day of their escape, the code... More... $0 (03-25-2018 - FL)
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STATE OF OHIO vs. CEDRIC CARTER
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Cedric Carter challenges the constitutionality of Ohio’s death penalty
statute arguing that imposition of the death penalty requires judicial fact finding in
violation of his Sixth Amendment right to a jury trial as set forth in Hurst v. Florida,
__ U.S. __ , 136 S.Ct. 616, 193 L.Ed.2d 504 (2016). Carter is incorrect.
{¶2} Carter was charged with aggravated murder and aggrav... More... $0 (03-25-2018 - OH)
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STATE OF OHIO vs. CRISTOPHER BEDELL
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On May 7, 2015, nine-year-old M.S. and her younger sister T.S. were
living with Bedell, who was their legal custodian. Bedell’s wife, Twayna, also lived
with them. That morning, the girls were getting dressed for school after Twanya had
left for work. M.S. asked Bedell for assistance “snapping” her bra, which closed in
the back. Bedell put his hands down M.S.’s pants and i... More... $0 (03-25-2018 - OH)
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STATE OF IOWA vs. SHANE TYLER SMITH
Sex Offender
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Shane Smith pled guilty to failure to register as a sex offender in violation
of Iowa Code section 692A.111 (2016). Smith argues his waiver of counsel prior
to his plea and sentencing was not knowing, voluntary, and intelligent. Smith also
argues the State failed to comply with the plea agreement and his plea lacked a
factual basis.
Smith was required to register as a ... More... $0 (03-24-2018 - IA)
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Christopher Collings v. State of Missouri
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Nine-year-old Rowan Ford lived with her mother and stepfather, David Spears.
For several months in early 2007, Christopher Collings lived with the Spears family but
had since moved out.
On November 2, 2007, Spears, Collings, and their friend Nathan Mahurin were
drinking alcohol and smoking marijuana together at Spears’s house. Later in the evening,
the three men went t... More... $0 (03-24-2018 - MO)
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Phil A. Smallwood v. The State of Texas
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On June 2, 2016, the State charged appellant with capital murder by causing
the death of Jonathan Wilkerson while in the course of committing or attempting to
commit robbery.2 Appellant pleaded not guilty, and the case proceeded to trial.
On the evening of October 13, 2014, Wilkerson and his girlfriend, Quathanna
Lee, drove to the home of Roy Robinson, the best friend of Wil... More... $0 (03-23-2018 - TX)
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Covina Residents for Responsible Development v. City of Covina, City Ventures, Inc. Real Parties in Interest
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In this CEQA1 action Covina Residents for Responsible
Development (CRRD) appeals from the trial court’s denial of its
petition for writ of mandate seeking to overturn the City of
Covina’s approval of a 68-unit, mixed-use, infill project2 located a
quarter-mile from the Covina Metrolink commuter rail station.
CRRD contends the project’s significant parking impacts required
t... More... $0 (03-22-2018 - CA)
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STATE OF NEW MEXICO v. SHANAH CHADWICK-MCNALLY
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The State charged Defendant with an open count of first-degree murder, a
5 “capital felony,” see NMSA 1978, § 30-2-1(A) (1994), and with one count each of
6 first-degree kidnapping, robbery, and conspiracy to commit robbery. The charging
7 document specifically alleged two aggravating circumstances related to the
8 first-degree murder charge: (1) Defendant committed the murder wi... More... $0 (03-17-2018 - NM)
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Little Traverse Lake Property Owners Association v. National Park Service
Western District of Michigan Federal Courthouse - Grand Rapids, Michigan
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This case presents the question of what citizens must do during
the administrative planning stage of a federal agency action in order to preserve a later challenge
to the agency’s final decision under the National Environmental Policy Act (“NEPA”). In 2008,
the National Park Service proposed a plan to build a scenic trailway through the Sleeping Bear
Dunes National Lakeshore in Lee... More... $0 (02-26-2018 - MI)
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Fabio DeMargio Brown v. The State of Oklahoma
Morelaw Internet Marketing for Legal Professionals
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888-354-4529
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¶1 Appellant, Fabion Demargio Brown1, was charged conjointly with Brodric Lontae Glover and Emily Ann Matheson with two counts of first degree murder in violation of 21 O.S.2011, § 701.7, and one count of conspiracy to commit murder in violation of 21 O.S.2011, § 421, in the District Court of Oklahoma County, Case No. CF-2012-938.2 The State filed a Bill of Particulars alleging two aggravating cir... More... $0 (02-15-2018 - OK)
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Visalia Retail, LP v. City of Visalia
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This appeal involves a challenge to an update of the City of Visalia’s (Visalia)
general plan. Included in the update is a land use policy affecting areas designated
“Neighborhood Commercial.” Under the policy, no tenant in a Neighborhood
Commercial area may be larger than 40,000 square feet in size.
2.
Appellant claims Visalia violated the California Environmental Quality Act ... More... $0 (02-05-2018 - CA)
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David Pittington v. Great Smoky Mountain Lumberjack Feud, L.L.C.
Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee
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Plaintiffs who successfully prove that they
were fired in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) are
presumptively entitled to back pay for the amount they would have earned had they not been
unlawfully terminated. Such awards are intended to compensate fully plaintiffs for the wrongs
that they suffered. For the same reason, an award of prejudgment int... More... $0 (01-26-2018 - TN)
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Dennis D. Patterson, III v. State of Indiana
Muncie man found not guilty of rape, jury deadlocked on strangulation charge
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During the early part of December of 2016, Patterson and K.M. became friends
via Facebook. On Saturday, December 10, 2016, K.M. visited Patterson’s
home. Once at Patterson’s home, K.M. and Patterson talked and drank
alcoholic beverages. At some point, they walked to a nearby Village Pantry
where Patterson purchased himself cigarillos and a pack of cigarettes for K.M.
A... More... $0 (01-21-2018 - IN)
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STATE OF KANSAS v. GLENN MANNING
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On April 13, 2016, Officer Adam Jackson of the Clay Center Police Department accompanied state Parole Officer Daniel Hrabe to Manning's residence to perform a home check. During the check, Hrabe located a substance suspected to be methamphetamine. Manning then gave Jackson permission to search most of the house, with the exception of one room which belonged to his roommate. The search produced add... More... $0 (01-20-2018 - KS)
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