Mitigation Law
 
Walker v. City of San Clemente

The Legislature passed the Act “‘in response to concerns among developers that local agencies were imposing development fees for purposes unrelated to development projects.’” (Ehrlich v. City of Culver City (1996) 12 Cal.4th 854, 864 (Ehrlich).) The Act creates uniform procedures for local agencies to follow in establishing, imposing, collecting, accounting for, and using development fees. (Cen... More...   $0 (08-29-2015 - CA)

KIM JACKSON vs. STATE OF FLORIDA

tization and
deprivation of love. Id. at 38 n.3. Similarly, in Singleton v. State, 783 So. 2d 970,
972-73, 979-80 (Fla. 2001), this Court held the death sentence to be proportionate
where the victim had been stabbed seven times and the two aggravating
circumstances of prior violent felony and HAC were weighed against three
statutory mitigating circumstances (the defendan... More...
   $0 (08-28-2015 - FL)

United States v. Amina Ali

In this consolidated appeal, we consider the criminal prosecutions that were
brought against two women living in Minnesota in connection with funds sent to al
Shabaab, an organization in Somalia that the United States Secretary of State had
designated a foreign terrorist organization. After a jury trial, Amina Farah Ali and
Hawo Mohamed Hassan were convicted on all counts. The dist... More...
   $0 (08-25-2015 - MN)

United States of America v. Zerry Feaster, a/k/a Zerry Travis, a/k/a Zerry West

Sometimes turning lemons into lemonade can be difficult. But making felony convictions into misdemeanor convictions is even more challenging. It takes an act of Congress—an act of Congress that did not occur in this case.
Zerry Feaster was convicted of seven felony counts of theft of public money, in violation of 18 U.S.C. § 641. The stolen amounts charged in the seven counts totaled $2,300. F... More...
   $0 (08-25-2015 - GA)

State of Oklahoma v. Gregory Ivan Hawkins

Tulsa, OK - Former Tulsa Minister Gregory Ivan Hawkins convicted with multiple counts of child sexual abuse

The State of Oklahoma charged Gregory Ivan Hawkins with seven counts of child sexual abuse in violation of 21 O.S. 843.5.

Docket Entries:

Date Code Description Count Party Amount
07-10-2013 TEXT

CRIMINAL FELONY INITIAL FILING.

Pursuan... More...
   $0 (08-24-2015 - OK)

The People v. Jack Emmit Williams

In May 1993, defendant induced a group of teenagers to form a gang. Between May 14 and May 20, 1993, gang members committed a series of robberies, attempted robberies and kidnappings, carjackings and murder. Defendant was convicted of these offenses either as a direct perpetrator, a conspirator, an aider and abettor or an accessory.
B. Prosecution’s Guilt Phase Evidence
1. The Crimes an... More...
   $0 (08-24-2015 - CA)

The People. v. Seumanu

Nolan Pamintuan was engaged to marry Rowena Panelo on May 18, 1996. He spent the evening before, May 17, with friends and family at the rehearsal dinner at a restaurant in Daly City. Panelo gave him a wedding present that night: a black Movado watch engraved with their intended wedding date. After dinner, Pamintuan drove Panelo to her apartment and continued on to Hayward, where he intended to... More...   $0 (08-24-2015 - CA)

United States of America v. Kenneth Eugene Barrett

Defendant Kenneth Barrett was sentenced to death after being convicted in federal
court on two counts of felony murder and one count of intentionally killing a state lawenforcement
officer. We affirmed on direct appeal. See United States v. Barrett, 496 F.3d 1079 (10th Cir. 2007). Defendant then filed a motion for relief under 28 U.S.C. § 2255, which the district court denied. See Barrett ... More...
   $0 (08-19-2015 - OK)

CHESTER LOYDE BIRD v.THE STATE OF WYOMING

In 1994, while on parole for a previous crime, Appellant kidnapped his victim outside a grocery store in Campbell County, forced her into her vehicle at knife-point, and raped her. Appellant was apprehended and arrested. He subsequently pled guilty to one count of first-degree sexual assault and one count of kidnapping. Appellant was also determined to be a habitual offender. He was sentenced to ... More...   $0 (08-17-2015 - WY)

State of Texas v. Michael Lee Lorence

Denton, TX - Michael Lee Lorence found guilty

The State of Texas charged with Michael Lee Lorence, age 39, with second-degree aggravated assault with a deadly weapon, aggravated robbery and criminal conspiracy to commit capital murder for shooting Nancy Howard with a firearm in Carrollton as she was getting out of her car in the garage of her home on August 18, 2012. She was shot near he... More...
   $0 (08-14-2015 - TX)

John Fitzgerald Hanson v. William A. Sherrod

This appeal arises out of the murders of Jerald Thurman and Mary Bowles in
Tulsa, Oklahoma. At trial, a jury convicted defendant John Hanson for the murder
of Mary Bowles with malice aforethought and for the felony murder of Thurman.
At the penalty phase, the jury found three aggravating circumstances related to
Bowles’s murder. Upon the jury’s verdict, the trial court sentenced Ha... More...
   $0 (08-13-2015 - ON)

Wayne Kubisch v. Ron Neal

Wayne Kubsch appeals the denial
of his habeas corpus petition. After being convicted of
murdering his wife, her son, and her ex-husband, Kubsch
was sentenced to death. Kubsch’s three principal arguments
on appeal are that his conviction and sentence are unconstitutional
because (a) the Indiana trial court excluded evidence
of a witness’s exculpatory but hearsay statement to... More...
   $0 (08-12-2015 - IN)

State v. Azad Haji Abdullah

On November 14, 2002, the grand jury sitting in Ada County indicted Abdullah on one count of murder in the first degree, a felony, Idaho Code sections 18-4001 to -4003; one count of arson in the first degree, a felony, Idaho Code section 18-802; three counts of attempted murder in the first degree, a felony, Idaho Code sections 18-4001 and 18-306; and one count of injury to a child, a felony, Idah... More...   $0 (08-12-2015 - ID)

Great Oaks Water Co. v. Santa Clara Valley Water Dist.

Prior to adoption of the District Act, the Santa Clara Valley was plagued by overdraft of the underlying groundwater basin, causing among other things the subsidence of land—with resulting disruption of roads and structures—and the intrusion of salt water into groundwater acquifers. A similar pattern marked much of the American settlement of California. Over the years the Legislature created n... More...   $0 (08-12-2015 - CA)

Tedd Bish Farm v. Southwest Fencing Servs

Tedd Bish Farm, Inc., owns a 120-acre tract of farmland in Hamilton County, Nebraska. We refer to Tedd Bish Farm and its owner, Tedd Bish, collectively as “Bish.” One 6.5-acre corner of the land is irrigated by a gravity irrigation system, which is fed by a pipe that runs along the property fence line. Southwest Fencing Services, LLC (Southwest Fencing), damaged a section of the pipe while removin... More...   $0 (08-07-2015 - NE)

United States of America v. Johl Cacace

Defendants-appellants Thomas Gioeli and Dino Saracino appeal from judgments
entered by the United States District Court for the Eastern District of New York (Cogan, J.).
Defendants were convicted of crimes they committed as members of the Colombo crime
family. On appeal, Gioeli argues that there was insufficient evidence to support his
conviction for racketeering conspiracy; that t... More...
   $0 (08-05-2015 - NY)

United States v. Gioeli, Saracino

In May 2008, a grand jury in the Eastern District of New York returned a
superseding indictment (“S-1 indictment”) against several individuals alleged to be members
of the Colombo crime family, including defendants-appellants Thomas Gioeli and Dino
Saracino as well as Joseph Competiello and Dino Calabro.
The S-1 indictment included the following allegations. The Colombo crime ... More...
   $0 (08-05-2015 - NY)

The People of the State of Colorado, v. Rashaim Malique Davis.

The People charged Davis with possession and distribution of a schedule II
controlled substance after Davis allegedly sold 0.372 grams of crack cocaine to an
undercover detective.2 The state appointed a series of attorneys to represent Davis in
1 We granted certiorari to review the following issues: 1. Whether, pursuant to Indiana v.... More...
   $0 (08-03-2015 - CO)

City of San Diego v. Bd. of Trustees of the Cal. State Univ

CSU is a public institution of higher education established by the Legislature in 1960 to offer undergraduate, graduate and professional instruction. (Ed. Code, § 66010.4, subd. (b).) Currently the largest four-year public university in the United States, CSU enrolls 447,000 students and employs 45,000 faculty and staff members on 23 campuses throughout the state. SDSU, one of CSU’s campuses, e... More...   $0 (08-03-2015 - CA)

Jones v. Mackey Price Thompson

Mr. Lundgren had been practicing law for twenty years when Ms. Best hired him to pursue a workers’ compensation claim. In February 2009, Ms. Best settled her claim for $24,906. Per her instructions, Mr. Lundgren retained $2,500 of Ms. Best’s share of the settlement proceeds in his client trust account in order to pay her outstanding medical bills. However, in July of 2010, Ms. Best’s doctor, Carl ... More...   $0 (07-30-2015 - UT)

STATE OF ARIZONA v HOMER RAY ROSEBERRY

In October 2000, Roseberry agreed to transport approximately one thousand pounds of marijuana in his motorhome for a drug cartel. State v. Roseberry, 210 Ariz. 360, 363 ¶ 4, 111 P.3d 402, 405 (2005). The cartel had Fred Fottler accompany Roseberry on the trip. Id. Roseberry and a friend concocted a scheme to steal the marijuana. Id. at 363 ¶ 5, 111 P.3d at 405. But instead of following the p... More...   $0 (07-28-2015 - AZ)

United States of America v. David Louis Craig

Topeka, KS - Tenth Circuit affirms conviction of Kansas man for possession of stolen firearm

Upon conviction of possessing a stolen firearm, Defendant-Appellant David
Craig was sentenced to 30 months’ imprisonment and three years’ supervised
release. After his release from prison, he violated various conditions of his
supervised release. He stipulated to several violations, an... More...
   $0 (07-28-2015 - KS)

State of Florida v. Randell Deviney

Jacksonville, FL - The State of Florida charged Randall Deviney, age 25, with first-degree murder in the death of Delores Futrell, age 65, who was killed in 2008. Futrell was a neighbor of Deviney's. The State alleged that Deviney cut Futrell's throat while attempting to rob her.

Defendant admitted that he killed Futrell in an effort to escape the death penalty.

A former convi... More...
   $0 (07-25-2015 - FL)

State of Georgia v. Jamie Hood

Atlanta, GA - The State of Georgia charged Jamie Hood with first-degree murder for killing Athens-Clark County police officer Elmer "Buddy" Charistian in March 2011, killing public employee Omar Wray three months earlier and numerous other felonies.

Court docket entries:

Charge # Violation code Offense Offense Date Disposed On Disposition Method Disposition Stage Arrest Date Fel... More...
   $0 (07-21-2015 - GA)

Tilcon Connecticut, Inc. v. Commissioner of Environmental Protection

. The plaintiff, Tilcon Connecticut, Inc., anearthmaterialsexcavationandprocessingcompany, petitionedthedefendant,theCommissionerofEnvironmental Protection (commissioner), for a declaratory ruling defining the scope of the authority possessed by the Department of Environmental Protection (department)1 to request certain information from the plaintiff for its various water diversion permit applicat... More...   $0 (07-20-2015 - )

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