Mitigation Law
 
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. The defendant's sentence of life imprisonment without parole gives this Court mandatory and exclusive jurisdiction over this appeal. Ind. A... More...   $0 (10-18-2015 - IN)

The People v. Edwards

In 2005, 17-year-old defendant Michael Edwards and a group of friends from East Palo Alto drove to a high school house party in San José. Following an argument between the partygoers and defendant’s friends, members of defendant’s group fired multiple gunshots at a crowd gathered on the lawn in front of the house. A bullet struck 18-year-old Michael DeJesús in the head, fatally wounding him. Th... More...   $0 (10-18-2015 - CA)

The People v. Michael Edwards

Following an argument between the party-goers and defendant’s friends, members of defendant’s group fired multiple gunshots at a crowd gathered on the lawn in front of the house.

In 2005, 17-year-old defendant Michael Edwards and a group of friends from East Palo Alto drove to a high school house party in San José. Following an argument between the partygoers and defendant’s friends, mem... More...
   $0 (10-16-2015 - CA)

Watterud v. Uhren

On September 3, 2013, Joshua and Janet Gilbraith retained Amber Uhren as their
real estate agent to sell their home at 4109 Murphy Avenue in Billings. That day the
parties signed a “Relationships/Consents in Real Estate Transactions” agreement and a
“Residential Listing Contract.” In the latter, the Gilbraiths disclosed that the property
had not been tested for mold and had no... More...
   $0 (10-14-2015 - MT)

The State Of Georgia v. Kelle

Terry Kelley and three others were indicted in Fulton County in 2012 and charged with felony murder, burglary and other crimes for his alleged participation in an armed robbery attempt that resulted in the death of a fifth participant. In October 2012, Kelley and State prosecutors told the trial court that rather than go to trial, they had negotiated a plea agreement in which the State agreed to ... More...   $0 (10-12-2015 - GA)

Dmitry Pronin v. Troy Johnson

We review de novo a district court’s order granting summary judgment, viewing the facts and drawing reasonable inferences therefrom in the light most favorable to the nonmoving party. Bonds v. Leavitt, 629 F.3d 369, 380 (4th Cir. 2011). Summary judgment shall be granted when “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. ... More...   $0 (10-11-2015 - )

Asse International, Inc. v. John F. Kerry

Congress created the Exchange Visitor Program (EVP) to allow foreign nationals to participate in temporary cultural and educational exchange programs in the United States. The Department of State administers the EVP, with the assistance of various third-party program sponsors. This case arises out of sanctions that the Department imposed against one of these sponsors, ASSE International (ASSE), fo... More...   $0 (10-11-2015 - CA)

North County Advocates v. City of Carlsbad

Westfield proposed to renovate a portion of a shopping center located in the City. Originally built in 1969, the project site was developed "as a two- and three-story indoor shopping center with five main anchor department store buildings (i.e., Sears, Macy's, Macy's Men, JC Penney, and the vacant former Robinsons-May) and numerous smaller retail specialty shops." The site contains over 6,400 su... More...   $0 (10-09-2015 - CA)

United States of America v. Charles Johnson, III, a/k/a Chucky, a/k/a Chuckie

Defendant Charles Johnson, III, appeals his sentence of 102 months’ imprisonment for armed bank robbery. After careful review of the record and briefs, and with the benefit of oral argument, we affirm.
I. BACKGROUND
A federal grand jury charged Johnson with (1) one count of bank robbery, in violation of 18 U.S.C. § 2113(a); (2) one count of conspiracy to commit armed bank robbery, in viola... More...
   $0 (10-05-2015 - GA)

THE STATE OF GEORGIA V. KELLEY

Terry Kelley and three others were indicted in Fulton County in 2012 and charged with felony murder, burglary and other crimes for his alleged participation in an armed robbery attempt that resulted in the death of a fifth participant. In October 2012, Kelley and State prosecutors told the trial court that rather than go to trial, they had negotiated a plea agreement in which the State agreed to r... More...   $0 (10-05-2015 - GA)

State Of Ohio v. Adams

In the autumn of 1985, Gina Tenney was a sophomore at Youngstown State University. She lived alone in a second-floor apartment in a converted house on Ohio Avenue in Youngstown. {¶ 5} Adams lived in the same house in a downstairs apartment with his girlfriend, Adena Fedelia. The duplex had an interior common staircase. {¶ 6} Around 1:00 a.m. on December 25, 1985, Tenney was getting ready for bed... More...   $0 (10-04-2015 - OH)

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 (10-03-2015 - IN)

Yelena Galper v. JP Morgan Chase Bank, N.A.

This is a case about identity theft, and it requires us to consider the
relationship between a New York state law providing remedies for victims of
identity theft and the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
(FCRA). An identity theft occurs when someone misappropriates another
person’s name or other personal information in order to engage in fraud or otherMore...
   $0 (09-30-2015 - NY)

John Hardwick,Jr. v. Secretary, Florida Department Of Corrections

In Hardwick v. Crosby (Hardwick III), 320 F.3d 1127 (11th Cir. 2003), we
determined that Petitioner Hardwick was due an evidentiary hearing to determine
whether his attorney provided ineffective assistance of counsel under the Sixth
Amendment standard set out in Strickland v. Washington, 466 U.S. 668, 104 S. Ct.
2052, 80 L. Ed. 2d 674 (1984), during the penalty phase of his cap... More...
   $0 (09-20-2015 - FL)

John Gary Hardwick, Jr. v. Secretary, Florida Department of Corrections

In Hardwick v. Crosby (Hardwick III), 320 F.3d 1127 (11th Cir. 2003), we
determined that Petitioner Hardwick was due an evidentiary hearing to determine
whether his attorney provided ineffective assistance of counsel under the Sixth
Amendment standard set out in Strickland v. Washington, 466 U.S. 668, 104 S. Ct.
2052, 80 L. Ed. 2d 674 (1984), during the penalty phase of his capital... More...
   $0 (09-18-2015 - FL)

SD3, LLC; Sawstop, LLC v. Black & Decker (U.S.), Inc.

SD3, LLC and its subsidiary, SawStop, LLC (together, “SawStop”), contend that several major table-saw manufacturers conspired to boycott SawStop’s safety technology and corrupt a private safety-standard-setting process, all with the aim of keeping that technology off the market. Consequently, SawStop sued nearly two dozen saw manufacturers and affiliated entities, alleging that they violated § 1 o... More...   $0 (09-15-2015 - VA)

STATE OF ARIZONA v SHAWN PATRICK LYNCH

The victim, James Panzarella, was seen at a Scottsdale bar with Lynch and Michael Sehwani on March 24, 2001. Lynch, Sehwani, and Panzarella went to Panzarella’s residence early the next morning. Later that morning, Sehwani used Panzarella’s American Express card at a supermarket. Ten minutes later, the card was reported lost. Sehwani again used the card at a convenience store and unsuccessfull... More...   $0 (09-11-2015 - AZ)

United States of America v. Duke Energy Corporation

Washington, DC - The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) today announced a settlement with Duke Energy Corporation (Duke) to resolve Clean Air Act violations at five coal-fired power plants across North Carolina. The settlement resolves long-standing claims that Duke violated the federal Clean Air Act by unlawfully modifying 13 coal-fired electricity... More...   $0 (09-11-2015 - NC)

Board of County Commissioners Summit County, v. Jason L. Rodgers and James R. Hazel.

Respondents, a same-sex couple, purchased a piece of property in Breckenridge
with the intent of building a four-bedroom, single-family home. Respondents built the
home, but the County refused to grant them a certificate of occupancy. Respondents
allege that in doing so, the County imposed a series of requirements that were not
applied to other homeowners. The County contend... More...
   $0 (09-08-2015 - CO)

Pelco Construction Company v. Chambers County, Texas

Pelco Construction Company filed suit against Chambers County, Texas, Kurt Amundson, and Amundson Consulting, Inc. over a construction contract. Chambers County counter-sued. The trial court granted summary judgment on liability in favor of Chambers County and Amundson Consulting on all claims in
2
the suit. The parties then proceeded to trial on Chambers County’s damages for its breach of... More...
   $0 (09-07-2015 - TX)

USA v. Zenon Grzegorczyk

In April 2012, Grzegorczyk met with two undercover law enforcement officers posing as gun suppliers in order to procure firearms to ship to Poland. At some point during the conversation, Grzegorczyk asked the men to step outside, where he proceeded to tell them that he wanted to have killed certain individuals who he held responsible for his divorce and the loss of custody of his son. He explained... More...   $0 (09-07-2015 - IL)

GERHARD HOJAN vs. STATE OF FLORIDA, GERHARD HOJAN vs. JULIE L. JONES, etc

The underlying facts are taken from this Court’s opinion on direct appeal:
Gerhard Hojan was charged with armed robbery, armed kidnapping, attempted murder, and murder arising out of the events of Monday, March 11, 2002. The evidence presented at Hojan’s trial established that at approximately 4 a.m., Hojan and Jimmy Mickel entered the Waffle House where the victims, Barbara Nunn, Christina ... More...
   $0 (09-04-2015 - FL)

STATE OF LOUISIANA VERSUS LAMONDRE TUCKER

In September 2008, Tavia Sills was nearly five months pregnant. A few
weeks earlier, she had informed 18-year-old Lamondre Tucker that she believed he
was the father of her unborn child. On September 9, 2008, Tucker picked Tavia up
at the home of her mother, Vickie Britton. Tucker claimed that his sister, Alexis
Metcalf, had asked to meet Tavia after learning of the pregnancy.... More...
   $0 (09-02-2015 - LA)

Walker v. City of San Clemente

The Mitigation Fee Act (Gov. Code, § 66000 et seq.; Act) authorizes a local agency to impose fees on specific development projects to defray the cost of new or additional public facilities that are needed to serve those developments. The Act establishes a variety of requirements to ensure local agencies timely use these fees to pay for public facilities that serve those very developments rather ... More...   $0 (08-31-2015 - CA)

United States of America v. Antonio Frazier

In January 2014, Frazier was approached by police in a housing project in Richmond, Virginia. He began to run, but he slipped and fell. As Frazier lay on the ground, officers observed a black semi-automatic Ruger 9mm handgun in his hand. Frazier was arrested. A search of his person revealed a clear, plastic sandwich bag that contained seven individually wrapped plastic bag corners, which Frazi... More...   $0 (08-30-2015 - VA)

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