Lamar Brooks appeals an order of the circuit court that denied his initial motion to vacate his convictions of first-degree murder and sentences of death filed pursuant to Florida Rule of Criminal Procedure 3.851. He also petitions this Court
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for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. As explained below, we affirm the postconviction co... More...   $0 (05-13-2015 - FL)

Defendant Marcos Estrada-Mederos pled guilty to illegal reentry for being found in the United States after having been previously deported following conviction for an aggravated felony. See 8 U.S.C. § 1326. He was given a within-guideline sentence
2 No. 14-2417
of 57 months in prison. He appeals his sentence, chal-lenging the district court’s failure to address his principal arguments f... More...   $0 (04-29-2015 - IL)

A jury convicted defendant Paul Gordon Smith, Jr., of the first degree murder of Lora Sinner, with the special circumstance of torture.1 The jury also found defendant guilty of false imprisonment by violence and conspiracy to commit murder. It determined that he used a deadly weapon and inflicted great bodily injury.2 The jury decided death was the appropriate penalty, and the court imposed that s... More...   $0 (04-27-2015 - CA)

1
IN THE SUPREME COURT OF THE STATE OF KANSAS
No. 105,698
DUSKIN L. SIRUTA, by and on behalf of the heirs at law of
TATE DILLON SIRUTA, Deceased,
Appellant/Cross-appellee,
v.
MELISSA SIRUTA,
Appellee/Cross-appellant.
SYLLABUS BY THE COURT
1.
A wrongful death action under K.S.A. 60-1901 et seq. can be brought against an alleged tortfeasor who is an heir a... More...   $0 (04-24-2015 - KS)

Shortly before the collapse of the housing market and the onset of the Great Recession, appellants Eliyahu and Yifah Gavra, respondent Isaac Agam, and Eran Cohen formed a partnership to purchase and develop a parcel of land in Los Altos Hills. The partners planned to subdivide the property and build two or three houses for resale. They successfully purchased and subdivided the property into three ... More...   $0 (04-23-2015 - CA)

An Oklahoma jury found Defendant Richard Fairchild guilty of child-abuse
murder in the first degree and recommended the death penalty, which the trial court
imposed. The Oklahoma Court of Criminal Appeals (OCCA) denied relief on all claims
presented on direct appeal and in Defendant’s original application for postconviction
review. After the United States District Court for the W... More...   $0 (04-23-2015 - OK)

Judgment in favor of the State of Oregon and City of
Depoe Bay reversed and remanded; otherwise affirmed.
As plaintiff was travelling north on State Highway 101 in the City of Depoe
Bay, his motorcycle collided with defendant Colip’s automobile, which had
entered the highway from the east on a road owned by Lincoln County. Plaintiff
was severely injured in the accident and, m... More...   $0 (04-15-2015 - OR)

¶1 On January 16, 2014, the Oklahoma Bar Association (OBA) filed a complaint against attorney Christopher I. Mansfield, alleging professional misconduct as authorized by Rule 6.1 of the Rules Governing Disciplinary Proceedings (RGDP).1 After hearing the testimony of several witnesses and being presented with exhibits, the Professional Responsibility Tribunal (PRT) concluded that Mansfield violate... More...   $0 (04-13-2015 - OK)

In this habeas case, Jeremy Alan Williams challenges his Oklahoma conviction for
first-degree murder and his accompanying sentence of death. The district court denied
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relief but issued a certificate of appealability, giving Williams the ability to appeal his
claims of ineffective assistance of counsel. In addition, this court also agreed to hear
Williams’s sufficiency-o... More...   $0 (04-10-2015 - OK)

In this wrongful death action arising out of an automobile accident, the jury found the decedent at fault for his own death due to his failure to wear a seatbelt. It awarded fewer damages than the plaintiff sought. On appeal, the decedent’s estate argues that the court abused its discretion in admitting hearsay that the decedent’s wife spent the parties’ money on drugs; abused its discretion... More...   $0 (04-08-2015 - FL)

Appellant D. Patrick Smitherman challenges the summary judgment in favor of appellee Bank of America, N.A. (BANA) on Smitherman’s breach of contract and fraud claims. Smitherman asserts that he raised genuine issues of material fact on both of his claims, which precludes summary judgment. Because we determine that Smitherman failed to raise a genuine fact issue regarding damages, we affirm.
... More...   $0 (04-07-2015 - TX)

We opine for the third time on the United States' prosecution of Daniel Carpenter for mail and
wire fraud in connection with his mishandling of client escrow
funds. In 2007, we affirmed a district court order setting aside
a jury verdict of guilty in favor of a new trial. United States v.
Carpenter, 494 F.3d 13 (1st Cir. 2007). In 2013, after a second
jury also found Carpenter ... More...   $0 (04-01-2015 - MA)

Petitioners, Steve Fick, James Wells, and Fishhawk
Fisheries, Inc., seek judicial review of certain rules adopted
by respondent Oregon Department of Fish and Wildlife
(ODFW).1 In particular, pursuant ORS 183.400(1),2 petitioners
challenge a series of administrative rules entitled
“Columbia River Recreational and Commercial Fisheries
Management Strategies,” numbered OAR ... More...   $0 (03-18-2015 - OR)

This case involves a claim of employment discrimination. Mr.
Michael Sungaila, who is legally blind, worked for Beverage Distributors
Company. When his position was eliminated, Mr. Sungaila obtained a
higher-paying job in the company’s warehouse. But, Mr. Sungaila’s
employment was conditioned on passing a physical examination.
Mr. Sungaila passed the physical. But, the exam... More...   $0 (03-16-2015 - CO)

Loma San Marcos, LLC, Questhaven Pacific View, LLC, and La Paz Sunset, Inc. (collectively Loma San Marcos) purchased a 15-acre property subject to a security and lien agreement with the City of San Marcos (City). The agreement was entered into by the property's former owner to securitize fees due pursuant to a conditional use permit that allowed the owners to convert the property from a recycling ... More...   $0 (02-27-2015 - CA)

Appellant Eddie Lerma, challenges a jury verdict and subsequent judgment holding him liable to Appellee Border Demolition & Environmental, Inc. (“Border Demolition”) for breach of an oral demolition contract and attorneys’ fees. We affirm.
BACKGROUND
Factual History
On May 28, 2008, the City of El Paso condemned a house and detached garage located at 7429 Rose Lane Circle in El P... More...   $0 (02-20-2015 - TX)

This case is before the Court on appeal from the trial court’s Second Revised Sentencing Order that sentenced Miguel Oyola to death for the first-degree murder of Michael Lee Gerrard. In Oyola v. State, 99 So. 3d 431 (Fla. 2012), this Court affirmed Oyola’s convictions for first-degree murder, false imprisonment, armed robbery with a deadly weapon, and grand theft of a motor vehicle. However, ... More...   $0 (02-19-2015 - FL)

Facing for the first time a requirement to review for environmental impacts its
statutorily mandated fish hatchery and stocking enterprise that has been in operation for
more than 100 years, California’s Department of Fish and Wildlife (the Department)
chose to use a program environmental impact report (EIR) to analyze the enterprise’s
impacts on a statewide basis. Instead of a... More...   $0 (02-10-2015 - CA)

Defendant Southern California Edison Company (Edison) appeals from a judgment following a jury trial in which the jury found in favor of plaintiff Simona Wilson on her claims for intentional infliction of emotional distress (IIED), negligence, and nuisance, and awarded her $1,050,000 in compensatory damages and $3 million in punitive damages. All of her claims are based upon her allegation that Ed... More...   $0 (02-09-2015 - CA)

The Three Strikes Reform Act of 2012 (hereafter Proposition 36 or the Act) created a postconviction release proceeding for third strike offenders serving indeterminate life sentences for crimes that are not serious or violent felonies. If such an inmate meets the criteria enumerated in Penal Code section 1170.126, subdivision (e), he or she will be resentenced as a second strike offender unless th... More...   $0 (02-05-2015 - CA)

Pursuant to section 74.351 of the Texas Civil Practices and Remedies Code, the trial court dismissed the claims of Appellants, San Juanita (Janie) Griego and Max Griego, against Appellee, Baptist Saint Anthony’s Health System, a/k/a Baptist Saint
2
Anthony’s Hospital Corporation, due to their failure to timely file an expert report.1 By three issues, Appellants assert (1) their neglige... More...   $0 (02-05-2015 - TX)

¶1 Theodore James Samul appeals from an amended sentence
and from the dismissal of his motion to withdraw his 2003 guilty
pleas. We affirm in part and reverse in part and remand.
1. The Honorable Russell W. Bench, Senior Judge, sat by special
assignment as authorized by law. See generally Utah R. Jud. Admin.
11-201(6).
State v. Samul
BACKGROUND
¶2 Samul was charge... More...   $0 (01-29-2015 - UT)

A jury convicted Victor Espudo Ramirez, Jr., and his brother Armando Apolinar Ramirez of first degree murder (Pen. Code, § 187, subd. (a); all further statutory references are to this code) and active participation in a criminal street gang (§ 186.22, subd. (a)). The jury found true a gang special circumstance allegation on the murder count (§ 190.2, subd. (a)(22)), and also found true a gang e... More...   $0 (01-28-2015 - CA)

Petitioner Derrick Lynn Wilson seeks habeas relief asserting, among other contentions, that pursuant to the principles announced in Miller v. Alabama (2012) 567 U.S. ___, 132 S.Ct. 2455 (Miller), the life imprisonment without parole (LWOP) sentence he received in 1996 for a crime he committed when he was 17 years old violates the Eighth Amendment prohibition on cruel and unusual punishment. Wilson... More...   $0 (01-22-2015 - CA)

Terry and Petra Riely (the Rielys) appeal the trial court' s judgment awarding
damages to Robert Gunn for timber trespass on Gunn' s property. The Rielys argue that the trial
court erred when it (1) applied RCW 4.24.630, the waste statute, instead ofRCW 64. 12. 030, the
timber trespass statute; (2) did not consider the Rielys' affirmative defense that Oasis Well Drilling
Oasis) was... More...   $0 (01-21-2015 - WA)