The decision of the Court of Appeals is reversed. The
judgment of the circuit court is reversed, and the case is
remanded to the circuit court for further proceedings.
Walters, J., concurred in the judgment and filed an
opinion.
Baldwin, J., dissented and filed an opinion.
______________
* Appeal from Umatilla County Circuit Court, James R. Hargreaves, Judge.
252 Or... More...   $0 (01-16-2015 - OR)

Tony Sarun was uninsured when he received emergency healthcare services from
a hospital owned and operated by Dignity Health. Upon admission Sarun signed an
agreement to pay the hospital’s “full charges, unless other discounts apply.” The
agreement explained uninsured patients might qualify for government aid programs or
financial assistance from Dignity. After receiving an ... More...   $0 (01-06-2015 - CA)

Justice Went to Hell in Chicago, Illinois when Darien Harris' lawyer unsuccessfully represented him.

The Illinois Supreme Court described the case against Harris as follows:

"¶ 3 Defendant was charged in Cook County circuit court with several offenses following a
shooting at a Chicago gas station. At defendant’s bench trial, Ronald Moore testified that he
was riding in... More...   $0 (12-31-2014 - IL)

Petitioner Darryl Gumm is mentally retarded and has an IQ of
approximately 70. He was convicted by an Ohio jury for the kidnapping, attempted rape, and
murder of ten-year-old Aaron Raines. For these crimes, Petitioner was sentenced to death. His
convictions and sentences were affirmed on direct appeal, and his state post-conviction petition
was found to lack merit by the Ohio state... More...   $0 (12-22-2014 - OH)

Petitioner Michael Bies (“Bies”) and respondent Warden (referred
to in this opinion as “the State”) cross-appeal the district court’s order granting conditionally in
part and denying in part Bies’ petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
No. 12-3431 Bies v. Sheldon Page 2
For the reasons that follow, we AFFIRM the district court’s grant of a... More...   $0 (12-22-2014 - OH)

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 (12-22-2014 - 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 (12-19-2014 - CA)

The Sacramento Kings, a professional basketball team, have played at the Sleep Train Arena (formerly called Arco Arena) since 1988. In January 2013, the team’s then owners entered into a tentative agreement to sell the Sacramento Kings to a group of investors in Seattle, Washington. Seeking to keep the team in Sacramento, the City of Sacramento (City) partnered with Sacramento Basketball Holding... More...   $0 (12-18-2014 - 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 (12-17-2014 - 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 of... More...   $0 (12-16-2014 - CA)

As Oliver Wendell Holmes said: "Men must turn square corners when they deal with the Government." (Rock Island A. & L.R. Co. v. United States (1920) 254 U.S. 141, 143; 65 L.Ed. 188, 189.) Our own California Supreme Court remarked: " 'It is hard to see why the government should not be held to a like standard of rectangular rectitude when dealing with its citizens.' [Citation.]" (Farrell v. County o... More...   $0 (12-15-2014 - CA)

Harold Blake appeals an order of the circuit court denying his motion to vacate his convictions and sentences—including a conviction for first-degree murder and sentence of death—filed under Florida Rule of Criminal Procedure
- 2 -
3.851. Blake also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons expressed... More...   $0 (12-04-2014 - FL)

A minor appeals from an order of wardship following a finding that she committed the crime of loitering with the intent to commit prostitution. She contends that the juvenile court erred in denying her in limine motion to exclude evidence under Evidence Code section 1161 on the ground that she committed the alleged commercial sexual act as a result of being a victim of human trafficking.1 Alternat... More...   $0 (11-24-2014 - CA)

Repairs to the foundation of a dune walkover structure triggered this legal dispute, one in which two beachfront residential property owners, Amanda Pope and Anastasia, Inc., contest a final order of the Secretary of the Department of Environmental Protection (DEP), which held that a permit for the repairs was unnecessary. At issue is whether DEP’s interpretation of section 161.053(11)(b), Flori... More...   $0 (11-06-2014 - FL)

Plaintiff and appellant Albert Thomas Paulek appeals the denial of his petition for a writ of mandate under the California Environmental Quality Act (CEQA). He seeks a writ directing defendant and respondent California Department of Water Resources (Department) to vacate its approval of the final environmental impact report (EIR) with
2
respect to the Perris Dam Remediation Project. In its... More...   $0 (10-31-2014 - CA)

¶1 Chastity B. Ashcraft appeals the sentence imposed by the
trial court after she pleaded guilty to one count of child abuse, a
third degree felony. See Utah Code Ann. § 76-5-109(2)(b)
(LexisNexis 2012). Ashcraft argues that the trial court abused its
discretion in sentencing her to prison rather than probation. We
affirm.
¶2 The State charged Ashcraft with child abuse b... More...   $0 (10-23-2014 - UT)

Robert Paladino appeals the District Court’s judgment revoking supervised release and imposing a sentence of imprisonment. Because Paladino was denied the right of allocution at sentencing, we vacate and remand to the District Court for resentencing.
3
I.
In June 2004, Appellant Robert Paladino responded to an internet advertisement placed by an undercover federal agent that offered ... More...   $0 (10-08-2014 - PA)

Craig Watkins, the elected District Attorney of Dallas County, filed a petition for a writ of mandamus1 in these pending capital murder cases arguing that the trial court improperly ordered a pretrial determination of whether the defendant is intellectually disabled.2 Because we
1 Relator first attempted to file its petition for writ of mandamus in the Texas Court of Criminal Appeals. That cou... More...   $0 (10-03-2014 - TX)

¶1 On certiorari, petitioner Andrew LeBeau asks us to
consider whether the court of appeals erred in affirming the district
court’s imposition of a sentence of life without the possibility of
parole following Mr. LeBeau’s conviction for aggravated kidnapping
pursuant to Utah Code section 76-5-302. Mr. LeBeau’s conviction
stems from a domestic dispute triggered by Mr. LeB... More...   $0 (09-19-2014 - UT)

The California Coastal Commission (Commission) appeals from a judgment in a
mandamus action directing the Commission to remove three conditions from a coastal
development permit amendment (permit) issued to Barbara Lynch and Thomas Frick
(collectively, respondents). The Commission contends respondents waived any challenge
to these conditions by signing and recording documents agree... More...   $0 (09-09-2014 - CA)

Plaintiff John S. Kao sued the University of San Francisco (USF) for violations of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq. (FEHA)), the Unruh Civil Rights Act (Civ. Code, § 51 et seq.), and the Confidentiality of Medical Information Act (Civ. Code, § 56 et seq.) in connection with the events surrounding his termination as a professor at USF. He also asserted causes of ac... More...   $0 (09-02-2014 - CA)

William James Deparvine appeals an order of the circuit court denying his initial postconviction motion to vacate his conviction of first-degree murder and
- 2 -
sentence of death filed under Florida Rule of Criminal Procedure 3.851. He also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V,
§ 3(b)(1), (9), Fla. Const. As explained below, we affirm the... More...   $0 (08-28-2014 - FL)

On August 28, 1988, Andre Armstrong, James Brown, Loretha Anderson, and Chemise English were shot and killed. Armstrong and Brown had run afoul of the Bryant Family gang and were shot at the entrance to a drug house. Ms. Anderson and her daughter Chemise, aged 28 months, were shot in a car parked at the curb. Anderson‘s son Carlos, aged 18 months, was also in the car. He was not shot and survive... More...   $0 (08-25-2014 - CA)

A jury found defendant David Allen Lucas guilty of the first degree murders of Suzanne Jacobs, Colin Jacobs, and Anne Swanke (Pen. Code, §§ 187, subd. (a), 189),1 the attempted murder of Jodie Santiago Robertson (§§ 187, 664), and the kidnappings of Swanke and Robertson (§ 207, subd. (a)). The jury also found that he personally used a knife during each crime (§ 12022, subd. (b)) and inflicte... More...   $0 (08-21-2014 - CA)

In 2001, a jury convicted defendant Justin James Merriman of the 1992 first degree murder of Katrina Montgomery (Pen. Code, § 187, subd. (a)),1 and found true the special circumstance allegations that the murder was committed while defendant was engaged in the commission of rape and oral copulation (§ 190.2, subd. (a)(17)(C), (F)), and the allegation that defendant personally used a deadly weapo... More...   $0 (08-18-2014 - CA)