Mitigation Law
 
FRIENDS OF THE CAPITAL CRESCENT TRAIL, ET AL. v. FEDERAL TRANSIT ADMINISTRATION, ET AL. U.S. Court of Appeals - D.C. Circuit

This case concerns multiple challenges under the National Environmental Policy Act to Maryland’s proposed “Purple Line” light rail project. Two orders of the district court are principally at issue. In the first order, the district court directed the Federal Transit Administration (“FTA”) to prepare a supplemental Environmental Impact Statement (“SEIS”) to analyze the effects of Metrorail’s rec... More...   $0 (12-20-2017 - DC)

United States of America v. James Michael Wells District of Alaska Federal Courthouse - Anchorage, Alaska

Defendant-Appellant James Michael Wells (“Wells”) appeals from his jury trial convictions for two counts of First Degree Murder, in violation of 18 U.S.C. § 1111(a), (b); two counts of Murder of a Federal Employee, in violation of 18 U.S.C. §§ 1114, 1111; and two counts of Use of a Firearm in Relation to a Crime of Violence Resulting in Death, in violation of 18 U.S.C. § 924 (c), (j). Wells was se... More...   $0 (12-20-2017 - AK)

Devorius Jones v. The State of Texas First Court of Appeals - Texas Courts

One evening, Jones and another man robbed a fast food restaurant. Jones
brandished a gun, which he pointed in the face of one of the restaurant’s two
employees, the then-sixteen-year-old complainant, pseudonymously referred to as
James Martin. While Jones and his accomplice were looking for money, Martin
and the other employee escaped and called the police, and Jones was quickl... More...
   $0 (12-16-2017 - TX)

STATE OF KANSAS v. CHARLES D. SATCHELL

Charles D. Satchell appeals his convictions and sentences after a jury found him guilty of one count of criminal sodomy, one count of rape, two counts of aggravated indecent liberties with a child, and five counts of aggravated criminal sodomy. Satchell contends that the district court erroneously admitted evidence of his prior sexual misconduct and that it erred in denying his motion to suppress ... More...   $0 (12-15-2017 - KS)

STATE OF LOUISIANA VERSUS AKANDO DUCKSWORTH Akando Ducksworth gets 12 years for 2015 machete attack in Metairie daiquiri bar

On November 10, 2015, the Jefferson Parish District Attorney filed a bill of
information charging defendant, Akando Ducksworth, with one count of attempted
second degree murder of Joshua Hardin, in violation of La. R.S. 14:27 and 14:30.1.
Defendant pleaded not guilty at his arraignment on December 11, 2015.
The matter proceeded to trial before a twelve-person jury on August 30... More...
   $0 (12-14-2017 - LA)

State of Oklahoma v. Christina Calhoun Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - Woman Sentenced To Life In Prison For Abusing Her Daughter

The State of Oklahoma charged Christina Calhoun, age 27, with child neglect in violation of 21 O.S. 843.5 (C) for failing to property care of her daughter. The child has cerebral palsy and weighed less than 20 pounds at age 5.

Title 21 O.S. Section 843.5 (C) provides:

C. Any parent or other person wh... More...
   $0 (12-12-2017 - OK)

STATE OF KANSAS v. MIGUEL ANGEL GONZALEZ Aggravated Criminal Sodomy; w/child less than 14 offgreater than =18

Miguel Angel Gonzalez was convicted by a jury of aggravated criminal sodomy of a child under 14 years of age, an off-grid felony. The crime involved him molesting the daughter of his girlfriend.

Under Jessica's Law, Gonzalez faced a presumptive sentence of life imprisonment with no possibility of parole for 25 years. See K.S.A. 2016 Supp. 21-5504(b); K.S.A. 2016 Supp. 21-6627. Gonzal... More...
   $0 (12-08-2017 - KS)

Joshua Matthew Cline v. State of Tennessee Former Soldier Joshua Cline Sentenced To 50 years For Video Taping Rape Of 6yo Girl

On March 4, 2008, Petitioner raped his adopted daughter, a six year-old child. State v. Joshua Matthew Cline, No. M2013-01846-CCA-R3-CD, 2014 WL 1281526, at *1 (Tenn. Crim. App. Mar. 31, 2014), perm app. denied(Tenn. Aug. 27, 2014). The rape was recorded on video, and Petitioner was convicted in federal court of production of
child pornography and sentenced to twenty-seven years and three m... More...
   $0 (12-04-2017 - TN)

STATE OF OHIO- vs -TYLER P. MERKLE Merkle Changes Plea in Sexual Battery Case

Appellant was employed as a study hall aide, tutor, and athletic coach at
Chardon High School. Appellant, who was 26 years old at the time, began a sexual
relationship with a 15 year old female student between December 2015 and April 2016.
Appellant exchanged love notes, cell phone communications, and pictures.
{¶3} On May 24, 2016, the Geauga County Grand Jury indicted app... More...
   $0 (12-04-2017 - OH)

Rickey Darrell Miller v. State of Texas Court of Appeals Fifth District of Texas at Dallas

Miller’s eight-year-old granddaughter, N.S., made an outcry to her school counselor that
Miller had sexually abused her. N.S. provided more details of two assaults in a subsequent
forensic interview at the Dallas Children’s Advocacy Center. N.S., who was ten years old at the
time of trial, testified about two incidents during which Miller sexually abused her. Miller also
tes... More...
   $0 (11-26-2017 - TX)

Jesus Manuel Ronquillo v. The People of the State of Colorado. Colorado Supreme Court

Jesus Manuel Ronquillo retained private defense counsel to defend him against
charges that Ronquillo had sexually assaulted his son. Ronquillo remained in custody
throughout the proceedings. On August 16, 2010, the court set trial for Tuesday,
January 11, 2011. On Friday, January 7, 2011, defense counsel filed a motion to
withdraw, and the court held a hearing on the motion.... More...
   $0 (11-24-2017 - )

Rebeca D. Balderas-Ramirez v. Anthony Carl Felder Travis County Courthouse - Austin, Texas

Rebeca D. Balderas-Ramirez appeals a final summary judgment that she take nothing
on claims she had asserted against Anthony Carl Felder following an automobile collision. The
pivotal issues on appeal concern whether Balderas-Ramirez presented any competent evidence of
property damages—including several years’ worth of claimed loss-of-use damages—and whether
any such damages exceed... More...
   $0 (11-23-2017 - TX)

STATE OF MONTANA v. BARTON HOWARD

On March 31, 2014,at around 11:45 p.m.,Debbie Wiherski called 911 to report her
72-year-old husband, Jerome Wiherski (Wiherski), had been attacked at their home.
Lincoln County Sheriff’s officers responded to the residence and observed Wiherski had
suffered substantial injuries, including a swollen eye, broken nose, head injuries, and a
swollenright abdomen. Wiherski told offi... More...
   $0 (11-22-2017 - MT)

STATE OF NORTH CAROLINA v. SHENANDOAH FREEMAN

The evidence at trial tended to show the following:
Defendant and Amber Gottschalk (“Ms. Gottschalk”) met in February of 2014
when Defendant hired Ms. Gottschalk as a prostitute. From then until May of 2014,
Defendant and Ms. Gottschalk continued in an illicit intimate relationship, with
Defendant acting as both a pimp and protection for Ms. Gottschalk. In exchange,
Def... More...
   $0 (11-21-2017 - NC)

State of Tennessee v. Sedrick Clayton Sedrick Clayton sentenced to death for triple murder

In his appeal as of right to the Court of Criminal Appeals, the defendant argued: (1) that the evidence was insufficient to support his convictions for first degree premeditated murder and attempted first degree murder; (2) that the trial court erred in denying his motion to suppress his statements to the police; (3) that double jeopardy principles prohibited his dual convictions for possessing a... More...   $0 (11-20-2017 - TN)

STATE OF FLORIDA vs. RAYMOND MORRISON, JR. Jacksonville man gets off Death Row after judge finds original lawyer was ineffective

In 1998, Morrison was convicted of “first-degree murder for the January 8,
1997, killing of Albert Dwelle, which occurred during the course of a robbery upon
Dwelle in his apartment in Duval County,” and “armed robbery with a deadly
weapon and burglary of a dwelling with intent to commit a battery, with an assault
or battery on Dwelle.” Morrison v. State, 818 So. 2d 432, 437 (... More...
   $0 (11-18-2017 - FL)

Marilyn Marche Kirkland v. The State of Texas Woman gets 40 years in Waskom murder

After Marilyn Marche Kirkland admitted to having murdered Clinton Wayne Saizon in late
2015 by shooting him once in the chest with a handgun, the question of Kirkland’s punishment
and the bizarre facts of her case were submitted to a Harrison County jury. After a two-day
punishment trial, the jury assessed Kirkland’s punishment at forty years’ imprisonment, as
requested by the... More...
   $0 (11-17-2017 - TX)

Luis Fundora Moreno vs. The State of Florida

The First Sentencing Hearing. In February 2014, Moreno was charged with
violating his community control by failing to complete a mental health evaluation;
failing to register for a domestic violence class; and failing to submit to a random
drug test. A few months later, in May, at the community control violation hearing,
Moreno asked the trial court to discharge his public de... More...
   $0 (11-13-2017 - FL)

State of Ohio V. Lowell W. Ludwick Man convicted of trying to find hitman to kill his wife

On April 28, 2016, a Franklin County Grand Jury indicted Ludwick for one count of conspiracy in connection with a plot to hire someone to murder his wife. (Apr. 28, 2016 Indictment at 1-2.) A trial began in the case with jury selection on February 6, 2017. (Tr. Vol. I at 5, filed on May 15, 2017.) The three witnesses who testified during the trial were the detective who investigated the case,... More...   $0 (11-12-2017 - OH)

STATE OF OHIO v. DESHANON HAYWOOD Akron man sentenced to 35 years to life in prison for quadruple murder

During the early morning hours of April 18, 2013, four people were murdered in
the basement of an apartment on Kimlyn Circle in Akron. R.R., one of the victims, resided at the
apartment and had received a sizeable amount of heroin the night before his murder. The three
other victims found alongside him were K.W., his girlfriend; M.N., a female friend of K.W.; and
K.D., a mal... More...
   $0 (11-12-2017 - OH)

STATE OF OHIO vs. CLARENCE MACK

Appellant was convicted of the 1991 murder of Peter Sanelli, for which he
was sentenced to death. The evidence established that appellant shot and killed Peter
while he and Thomas Sowell were stealing Peter’s car on Prospect Avenue in Cleveland.
A detailed recitation of the evidence adduced at trial can be found in this court’s opinion
that resulted from appellant’s direct a... More...
   $0 (11-12-2017 - OH)

STATE OF OHIO vs. RAYMOND S. DURANT

On April 29, 1993, Durant pleaded guilty to one count of rape in violation
of R.C. 2907.02 and one count of aggravated robbery in violation of R.C. 2923.02 and
2911.01. Both counts stem from an incident that occurred on November 19, 1992.
Durant, then 19 years old, came upon his 28-year-old victim while she was jogging in
Forest Hills Park. Intending to rob the victim, Dura... More...
   $0 (11-11-2017 - OH)

DAVID ANDREW STEVENSON v. STATE OF KANSAS

On February 2, 2016, Daniel Ashbaugh came to the Crawford County Sheriff's Office and advised that he wanted to turn himself in for molesting his grandsons. After being advised of his Miranda rights, Ashbaugh confessed to Deputy Scott Tyrell that he had molested his two five-year-old grandsons, H.A. and T.A. Ashbaugh was 65 years old.

Based on an affidavit of probable cause prepared by ... More...
   $0 (11-10-2017 - KS)

State of Wisconsin v. Dan J. Dopp Milwaukee County Courthouse - Milwaukee, Wisconsin

Milwaukee, WI - Jury Finds Man Mentally Ill When He Committed Triple Murder

The State of Wisconsin charged Dan Popp with three counts of first-degree intentional homicide for killing Mai Vue and Phia Vue and Jesus Panso-Perez.

Popp claimed insanity as his defense.

Charge(s)
Count No.

1

940.01(1)(a)

1st-Degree Intentional Homicide
<... More...
   $0 (11-10-2017 - WI)

John F. Kay, Jr. v. McGuireWoods, L.L.P. Supreme Court of Appeals - Charleston, West Virginia

The petitioners, former shareholders of Kay Company (“Kay Co.”) and Kay Co, LLC (“Kay LLC”),1 appeal from two orders2 entered by the Circuit Court of Kanawha County through which summary judgment was granted to the respondent McGuireWoods, LLP (“McGuireWoods” or “MW”) in connection with claims the petitioners filed against McGuireWoods, their former legal counsel.3 As grounds for their appeal, the... More...   $0 (11-09-2017 - WV)

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