Mitigation Law
 
Esteban Carpio v. State of Rhode Island

On April 16, 2005, Esteban Carpio stabbed eighty-four-year-old Madeline Gatta with a
knife when he attempted to steal her handbag. Suspecting Carpio of that assault, the Providence
police brought him to headquarters. He was brought without handcuffs to a conference room,
where he was interviewed by Det. James Allen, who openly wore his handgun on his hip. At the
outset Carpio... More...
   $0 (02-15-2016 - RI)

Christian Avery Norris v. The State of Texas

Christian Norris pled guilty to violating a protective order and assault on a
family member, second offense, without an agreed recommendation for
punishment from the State. Following a presentence investigation (PSI) hearing,
the trial court assessed his punishment at four years’ imprisonment. See TEX.
PENAL CODE ANN. §§ 22.01(b)(2)(A), 25.07 (West 2011 & Supp. 2015). He More...
   $0 (02-11-2016 - TX)

State of Tennessee v. James Edward Church

In order to protect the identity of the victims, the victims of these sexual offenses and certain witnesses are identified by their initials. M.P., the paternal grandmother of one of the victims in this case, R.P., testified that both of R.P.‟s parents were deceased.
2
R.P. and K.H. had the same mother, but different fathers. Before her mother‟s death, R.P. lived with her... More...
   $0 (02-11-2016 - TN)

DYNCORP INTERNATIONAL, LLC v. USA

On November 18, 2015, Plaintiff DynCorp International, LLC (“DynCorp”) filed a pre-award bid protest challenging the Air Force’s decision to proceed with the War Reserve Material III (“WRM III”) solicitation after the Air Force disclosed confidential and competitive information submitted by DynCorp, as the incumbent contractor, during the WRM II solicitation process. After filing the administrati... More...   $0 (02-08-2016 - DC)

State of Louisiana v. Kenneth D. Modique

On August 11, 2014, the defendant was charged with distribution of
methamphetamine, in violation of La. R.S. 40:967(A)(1). The bill of
information was amended March 12, 2015, to include an additional charge
of possession of methamphetamine with intent to distribute, in violation of
La. R.S. 40:967(A)(1). The defendant pled not guilty, and a trial was held
on May 25, 2015, on ... More...
   $0 (02-08-2016 - LA)

ROBERT DOUGLAS SMITH v. DORA B. SCHRIRO, Warden, Arizona, Department of Corrections

In 1982, Robert Smith was convicted in Arizona state court of kidnapping, sexual assault, and murder and sentenced to death. Lambright v. Stewart, 167 F.3d 477, 479 (9th Cir. 1999), reh’g granted, vacated, 177 F.3d 901 (9th Cir. 1999), rev’d, en banc, 191 F.3d 1181 (9th Cir. 1999). On June 20, 2002, the Supreme Court decided Atkins v. Virginia, 536 U.S. 304 (2002), holding that the execution of ... More...   $0 (02-08-2016 - AZ)

State of Vermont v. Peter A. Goewey

Defendant and the State entered a plea agreement, in exchange for which the
charge was amended and other charges against defendant were dismissed. The plea agreement
contemplated a contested sentencing hearing allowing the State to argue for a sentence of up to
forty years to life to serve and defendant to argue for a sentence of ten years to life, split to serve
five years. ... More...
   $0 (02-08-2016 - VT)

State Of Rhode Island v. Miguel Davis

On March 20, 2009, Dominique Gay was shot and killed in broad daylight while he was
walking with two friends, Dean Robinson and Wilson Andujar. Over three years later,
defendant, Miguel Davis, was charged with that murder.
The history of the case is replete with conflict between Gay and Davis over the attention
and affection of Crystal Dutra, a young woman who is the mother... More...
   $0 (02-05-2016 - RI)

STATE OF ARKANSAS V. BRANDON E. LACY

Brandon Lacy was convicted of capital murder and sentenced to death. We affirmed
on direct appeal. Lacy then filed a Rule 37.5 petition wherein he alleged ineffective
assistance of counsel. The circuit court granted Lacy a new sentencing hearing after finding
that defense counsel’s performance had been inadequate. The State has appealed from this
order. In addition, Lacy has cr... More...
   $0 (02-04-2016 - AR)

HYMAS v. US

Beginning in the 1970s, the Service entered into CFAs with farmers to manage public lands in the National Wildlife Refuge System for the conservation of migratory birds and wildlife, including at the Umatilla and McNary Refuges in the Pacific Northwest.1 See id. at 469–70.
1 The Umatilla Refuge covers more than 22,000 acres “within the upper reach of Lake Umatilla in Benton County, Washing... More...
   $0 (01-31-2016 - DC)

UNITED STATES OF AMERICA v. Volkswagen AG, Audi AG, Volkswagen Group of America, Inc., Volkswagen Group of America Chattanooga Operations, LLC, Dr. Ing. H.c. F. Porsche AG, Porsche Cars North America, Inc.,

This is a civil action brought pursuant to Sections 204 and 205 of the Clean Air Act
(“Act”), 42 U.S.C. §§ 7523 and 7524, for injunctive relief and the assessment of civil penalties
against Volkswagen AG, Audi AG, Volkswagen Group of America, Inc. (“VWoA”), Volkswagen
Group of America Chattanooga Operations, LLC (“VWoA Chattanooga”), Dr. Ing. h.c. F. Porsche
AG (“Porsche AG”), ... More...
   $0 (01-31-2016 - MI)

United States v. Akbar

The evidence adduced at trial showed that on the night of
March 22, 2003, as American armed forces were preparing to
launch Operation Iraqi Freedom from their staging area in
Kuwait, Appellant threw grenades into three of the tents of his
fellow servicemembers and opened fire with his M-4 rifle,
killing two military officers and wounding fourteen others. The
ensuing ... More...
   $0 (01-29-2016 - )

Nathaniel Castellanos V. The State of Wyoming

On August 23, 2011, Mr. Castellanos decided to take a few days leave from his employment to deal with the stress he was experiencing from a break-up with his fiancé that afternoon and from child custody disputes he was having with his ex-wife. That evening, he sent text messages to his friend Megan McIntosh inviting her for a beer and to play poker at Mingles Bar in Cheyenne, Wyoming. The two e... More...   $0 (01-26-2016 - WY)

State of Tennessee v. Dondrinkus T. Dickerson

The parties presented the following evidence at trial: The victim, K.J., testified that she was nineteen-years-old at the time of trial. She testified that she was eighteen-years-old on March 28, 2014, the date of the rape. Prior to that date, she was friends with the Defendant and had had a brief sexual relationship with him lasting a couple of months. She stated that they had “broken up” two ... More...   $0 (01-26-2016 - TN)

MONTGOMERY v. LOUISIANA

This is another case in a series of decisions involving the sentencing of offenders who were juveniles when their crimes were committed. In Miller v. Alabama, 567 U. S. ___ (2012), the Court held that a juvenile convicted of a homicide offense could not be sentenced to life in prison without parole absent consideration of the juvenile’s special circumstances in light of the principles and purpose... More...   $0 (01-25-2016 - DC)

Christopher Helsley v. State of Indiana

Defendant Christopher Helsley was convicted for the April 2001 murders of Brad Maxwell and Marsha Rainey in Pike County and sentenced to life imprisonment without parole. In this direct appeal following a second guilt phase trial, he challenges his sentence. We affirm. The defendant's sentence of life imprisonment without parole gives this Court mandatory and exclusive jurisdiction over this app... More...   $0 (01-25-2016 - IN)

William Clyde Gibson III v. State of Indiana

After William Clyde Gibson III’s mother died, he began spending time with his late mother’s best friend, 75-year-old Christine Whitis, and he began developing sexual feelings toward her. On April 18, 2012, an intoxicated Gibson invited Whitis into his mother’s home and shoved his hand up her shirt, grabbing her breast. She responded by asking what his mother would think of his behavior. Accordi... More...   $0 (01-25-2016 - IN)

BOSSE v. STATE OF OKLAHOMA

Shaun Michael Bosse was tried by jury and convicted of Counts I, II and III, First Degree Murder in violation of 21 O.S.Supp.2009, § 701.7(A); and Count IV, First Degree Arson in violation of 21 O.S.2001, § 1401(A), in the District Court of McClain County, Case No. CR-2010-213. For each of Counts I-III, the jury found that Bosse knowingly created a great risk of death to more than one person, that... More...   $0 (01-25-2016 - OK)

State Of Connecticut v. Ralph B.

.Thedefendant,RalphB.,appealsfrom the judgment of conviction, rendered after a jury trial, ofattempttocommitassaultinthefirstdegreeinviolation of General Statutes §§ 53a-49 and 53a-59 (a) (1), unlawful restraint in the first degree in violation of General Statutes § 53a-95 (a), strangulation in the second degree in violation of General Statutes § 53a-64bb (a), and risk of injury to a child in viol... More...   $0 (01-19-2016 - CT)

United States of America v. BEAUMONT

On 31 May 2014, the appellant and Lance Corporal (LCpl) A.R.R. were socializing at an on-base bowling alley. After leaving the bowling alley, the pair decided to go to a fast food restaurant for a meal. While walking to the establishment, the appellant became aggressive and made numerous attempts to kiss LCpl A.R.R. In one attempt, he grabbed her wrist and pulled her to the ground. He attempte... More...   $0 (01-19-2016 - DC)

State of Louisiana vs. Alonzo T. Washington

In May 2013, the defendant was a passenger in a car heading south on
Wilder Street in Bossier City when he fired a gun from the vehicle. Two
victims were hit by the gunfire. While one victim, who was shot in the
ankle, was only injured, the second victim, 20-year-old Devonta English,
who was shot in the upper torso, died. An eyewitness identified the
defendant as the shooter... More...
   $0 (01-18-2016 - LA)

Andrew Richard Allred v. State of Florida

Allred was indicted on October 23, 2007, on the following charges alleged to have occurred on September 24, 2007: (1) firstdegree premeditated murder of Michael Ruschak by shooting with a firearm; (2) first-degree premeditated murder of Tiffany Barwick by shooting with a firearm; (3) armed burglary of a dwelling while inflicting great bodily harm or death; (4) aggravated battery with a firearm (v... More...   $0 (01-16-2016 - FL)

USA v. Selvin Irias-Murillo

Selvin Irias-Murillo appeals the above-guidelines 20-month term and the within-guidelines $2,500 fine imposed on his conviction of illegal re-entry. He contends that the sentence is substantively unreasonable. We generally review the substantive reasonableness of a sentence for abuse of discretion. See United States v. Pacheco-Alvarado, 782 F.3d 213, 220 (5th Cir. 2015). Because Irias-Murillo f... More...   $0 (01-14-2016 - LA)

US v. Michael Speed

In these consolidated appeals, Michael Speed challenges the district court’s orders denying relief in his federal postconviction proceeding. In Appeal No. 14-7298, Speed challenges the district court’s order denying his 28 U.S.C. § 2255 (2012) motion. We initially remanded the case to the district court with instructions that it rule on what should have been construed as a Fed. R. Civ. P. 59(e) ... More...   $0 (01-14-2016 - )

U.S. v. HENDERSON

Mrs. AL (AL) was married to a Marine Sergeant (Sgt) and lived in base housing at Camp Lejeune, North Carolina. On 17 March 2012, while her husband was out of town at a NASCAR event, AL invited Mrs. C and several others to her housing unit for a party. Mrs. C’s husband was also a Marine Sgt in the same unit as AL’s husband. After drinking heavily, AL left her party and went to a neighbor’s house... More...   $0 (01-14-2016 - DC)

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