Mitigation Law
 
Darby v. State Of Texas

Richard Taylor Darby, III, pled guilty to and was convicted of evading arrest with a motor vehicle. Following a jury trial on the issue of punishment, Darby was sentenced to ten years' imprisonment and ordered to pay a $10,000.00 fine. On appeal,1 Darby argues (1) that the trial court erred in admitting evidence under Article 37.07 that he committed two unadjudicated sexual assaults because the St... More...   $0 (11-23-2015 - )

The STATE of Arizona v. Christopher Mathew PAYNE

Christopher Mathew Payne was convicted of two counts of first degree murder, three counts of child abuse, and two counts of concealing a dead body, and was sentenced to death for each murder. We have jurisdiction of this automatic appeal pursuant to Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 13–4031.

I. FACTUAL AND PROCEDURAL BACKGROUND 1

¶ 2 Christo... More...
   $0 (11-22-2015 - AZ)

Aaron Houseman and Nancy Houseman v. Eric S. Sagerman, et al.

In 1996, Nancy Houseman and her husband Aaron Houseman (together the
―Housemans‖) formed Med-Legal, Inc.,2 which they sold to Universata, Inc.
(―Universata,‖ or the ―Company‖) in 2006 for a seven-year stream of payments
totaling approximately $9 million.3 In 2009, after the Company had difficulty
making their payments, the Housemans and Uni... More...
   $0 (11-20-2015 - DE)

Commonwealth of Massachusetts v. Cadet

In May, 2007, the defendant was convicted by a
Superior Court jury of murder in the first degree on the theory
of extreme atrocity or cruelty in the stabbing death of his girl
friend, Betina Francois. At trial, the defendant did not contest
that he had stabbed the victim, but argued that he had done so in
self-defense, after she became enraged and attacked him with two ... More...
   $0 (11-18-2015 - MA)

State of Delaware v. Alley.

On August 28, 2014, Alley pled guilty to one count of Robbery Second Degree and
one count of Theft of a Motor vehicle in connection with the above captioned case numbers. A
pre-sentence investigation was order with sentencing at a later date. On December 1, 2014, as
contemplated by the express terms of the guilty plea agreement signed by Alley, the State filed a
motion to de... More...
   $0 (11-17-2015 - DE)

XANADU EXPLORATION COMPANY v. WELCH

Operator filed its petition below seeking appointment of surface damage appraisers pursuant to §318.5, alleging it had been unable to reach an agreement with the surface owner, Defendant/Appellee Gary Welch (Owner). Each party nominated an appraiser, and the nominated appraisers selected a third appraiser.

¶3 Owner objected to the legal description in the petition, asserting Operator's op... More...
   $0 (11-16-2015 - OK)

Tai A. Pham v. State of Florida & Tai A. Pham v. Julie L. Jones, etc.

Tai Pham was convicted in 2008 in Seminole County for the first-degree
murder of his estranged wife Phi Pham, the attempted first-degree murder of her
boyfriend Christopher Higgins, the armed kidnapping of his stepdaughter Lana
Pham, and armed burglary. Pham v. State, 70 So. 3d 485 (Fla. 2011). This Court
summarized the facts as follows: Pham entered Phi’s apartment where her... More...
   $0 (11-11-2015 - FL)

Stephen J. Rogers, et al. v. The United States of America

This criminal contempt matter arises from the failure of Respondent Alex
Diaz de la Portilla to appear pursuant to a court order at a hearing on a motion to
hold him in contempt during a dissolution of marriage proceeding. During the
dissolution proceeding, Diaz de la Portilla was ordered to deliver one of two dogs
owned by the couple into the wife’s custody, which he failed t... More...
   $0 (11-11-2015 - FL)

Adrianne Kiser v. State of Tennessee

The petitioner was convicted by a Shelby County Criminal Court jury of two counts of attempted voluntary manslaughter, employing a firearm during the commission of a dangerous felony, and reckless endangerment in connection with his shooting two security guards at the Crystal Palace Skating Rink in Memphis. He was sentenced to four years for each of the attempted voluntary manslaughter conviction... More...   $0 (11-09-2015 - TN)

State Of Kansas v. Robinson

A constitution-based claim for venue change can arise under a theory of presumed or actual prejudice. Presumed prejudice occurs when pretrial publicity is so pervasive and prejudicial that there can be no expectation of an unbiased jury pool in the community. In deciding whether to presume prejudice under the Sixth Amendment to the United States Constitution, an appellate court considers seven fac... More...   $0 (11-09-2015 - KS)

Airsman v. State Of Arkansas

In 2013, appellant Don Airsman, Jr. was found guilty by a Hempstead County jury of
first-degree murder and was sentenced to life imprisonment. This court affirmed. Airsman v.
State, 2014 Ark. 500, 451 S.W.3d 565. Airsman subsequently filed a verified, pro se petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1 (2015) in the trial court. He raised four... More...
   $0 (11-08-2015 - AR)

State of Louisiana v. James Tyler, III.

On May 29, 1995, relator shot and killed the manager of a Pizza Hut in Shreveport in the course of an armed robbery. He also shot two other employees but they survived. After taking the money from the
register, relator forced the three victims at gunpoint into the cooler in the rear of
the building. He ordered them to lie face down on the floor and then shot each
victim in the head.... More...
   $0 (11-08-2015 - LA)

Otay Mesa Property, L.P., et al. v. United States of America

Otay Mesa’s motion for attorneys’ fees comes before the Court after three trials, two appeals to the Federal Circuit, a stipulation to liability by the Government, and a final judgment awarding Otay Mesa $802,501.23. A detailed factual background and history of this case can be found in the Court’s previous opinions. See Otay Mesa Prop, L.P. v. United States, 779 F.3d 1315, 1327 (Fed. Cir. 2015)... More...   $1448185 (11-07-2015 - DC)

Delaware Riverkeeper Network v Federal Energy Regulatory Commission

The Natural Gas Act grants FERC jurisdiction over the transportation and wholesale sale of natural gas in interstate commerce. 15 U.S.C. § 717(b)-(c). Any person seeking to construct or operate a facility for the transportation of natural gas in interstate commerce must first obtain a certificate of public convenience and necessity from the Commission. Id. § 717f(c)(1)(A). FERC is authorized to is... More...   $0 (11-07-2015 - DC)

Airsman v. State Of Arkansas

In 2013, appellant Don Airsman, Jr. was found guilty by a Hempstead County jury of
first-degree murder and was sentenced to life imprisonment. This court affirmed. Airsman v.
State, 2014 Ark. 500, 451 S.W.3d 565.
Airsman subsequently filed a verified, pro se petition for postconviction relief pursuant
to Arkansas Rule of Criminal Procedure 37.1 (2015) in the trial court. He ra... More...
   $0 (11-05-2015 - AR)

PESALL v. MDU, et al

On August 23, 2013, Applicants applied for a permit to construct a
345-kilovolt transmission line that would start near Ellendale, North Dakota; would
run through Brown, Day, and Grant counties in South Dakota; and would terminate
near Big Stone City. The construction involved the suspension of high-voltage
electrical lines from steel monopole towers. Each tower would be appr... More...
   $0 (11-05-2015 - SD)

CASPER LODGING v. AKERS

On October 15, 2003, Robert Akers agreed to sell to James Koehler a
“turn key Eighty-Four (84) unit Holiday Inn Express” in Casper, Wyoming. The
purchase price was set at $4,850,400. The hotel was not yet built; therefore, the
parties executed a contract entitled “Improvement Purchase Agreement”
(Agreement). The Agreement “set forth the terms and conditions under which
... More...
   $0 (10-29-2015 - SD)

Ward Gulfport Properties, L.P., and T. Jerard Gulfport, LLC v. Mississippi State Highway Commission

In 2007, MHC applied for a permit with ACE to fill wetlands in the roadbed of a
proposed connector road in the Turkey Creek Watershed near Gulfport. MHC planned to use
wetland mitigation bank credits to offset the loss of wetland in the roadbed, but the
Mississippi Department of Environmental Quality (MDEQ), ACE, and the Environmental
Protection Agency (EPA) took issue with that s... More...
   $0 (10-28-2015 - MS)

United States of America v. Cleveland Thermal, L.L.C.

Cleveland, OH - Cleveland Thermal to replace three coal‑fired boilers with new natural gas-fired boilers under terms of proposed consent decree

Cleveland Thermal LLC will replace three coal‑fired boilers with new natural gas-fired boilers which will significantly reduce sulfur dioxide emissions under the terms of a settlement reached between the company and federal authoritie... More...
   $0 (10-27-2015 - OH)

Shaun Michael 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 (10-26-2015 - OK)

Ward Gulfport Properties, L.P., and T. Jerard Gulfport, LLC v. Mississippi State Highway Commission

When the Mississippi State Highway Commission (MHC) sought a permit from the
Army Corps of Engineers (ACE) to fill wetlands in the roadbed of a proposed limited-access
road, it pledged approximately 1,300 acres of Ward Gulfport Properties, L.P.’s and T. Jerard
Gulfport, L.L.C.’s (“Ward,” collectively) property as wetlands mitigation. ACE issued the
permit to MHC in 2009. Ward filed... More...
   $0 (10-24-2015 - MS)

Devan v. Bomar

In mortgage foreclosure law, as elsewhere, society's interest in finality and repose is
a weighty one. As with statutes of limitations generally, procedural deadlines for raising
certain challenges are established and strictly enforced. An unexcused failure to comply with
a clear deadline may doom what might otherwise have been a highly meritorious challenge,
had it been timely fil... More...
   $0 (10-24-2015 - MD)

State of Ohio v. Kenan D. Ivery

Akron, OH - The State of Ohio charged Kenan D. Ivery, age 36, with aggravated first-degree murder for killing Akron police officer Justin Winebrenner at Papa Don's Pub. Winebrenner and another off-duty police officer attempted to take a gun away from Ivery.

The defense asserted by Ivery suffered from PTSD in the sentencing phase after the jury found him guilty of the crime.
The was al... More...
   $0 (10-23-2015 - OK)

Glenn Middleton v. State of Florida

Roberta Christensen and her husband of thirty-one years lived in a trailer
across the street from Middleton. On July 1, 2009, Mr. Christensen went to New
Jersey to visit one of the couple’s sons. Prior to his departure, the couple bought
mobile phones that allowed them to use a walkie-talkie feature to communicate
while they were apart. Middleton lived in a trailer with Garre... More...
   $0 (10-22-2015 - FL)

In the Matter of: Anonymous

Respondent was hired by the maternal grandparents of a young child who were concerned about the child’s welfare. At the time, the child was living with the grandparents in White County, the putative father’s paternity had not yet been established, and the child’s mother allegedly was an unemployed drug addict who was unable to properly care for the child but nevertheless was threatening to remove... More...   $0 (10-21-2015 - IN)

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