Mitigation Law
 
San Diego Gas & Electric Company v. Arnold J. Schmidt

Plaintiff San Diego Gas & Electric Company (SDG&E) initiated this eminent domain proceeding to condemn an easement for electric transmission lines across the property of defendants Arnold and Valerie Schmidt and Luis Naranjo (collectively defendants) after the parties could not agree on an appropriate valuation for the property. Agreeing with defendants' experts that an open-pit mining operation w... More...   $0 (08-17-2014 - )

The People v. Gene Estel McCurdy

A jury convicted defendant Gene Estel McCurdy of the first degree murder (Pen. Code, § 187, subd. (a)),1 kidnapping (§ 207, subd. (a)), and kidnapping with the purpose to commit a lewd act on a child under 14 years old (§ 207, subd. (b)) of Maria Piceno. The jury found true the special circumstance allegation of kidnapping murder. (§ 190.2, subd. (a)(17)(B).) The jury returned a verdict of dea... More...   $0 (08-14-2014 - CA)

The People v. Kelvyn Rondell Banks

Defendant Kelvyn Rondell Banks was convicted by a jury in 1998 of two counts of first degree murder (Pen. Code, § 187; all further statutory references are to the Penal Code unless otherwise indicated), one count of attempted murder (§§ 187, subd. (a), 664), one count of forcible rape (§ 261, subd. (a)(2)), one count of forcible oral copulation (§ 288a, subd. (c)), one count of first degree r... More...   $0 (08-14-2014 - CA)

Auto Advantage Finance, Inc. v. Lawrence Clark, James Holt a/k/a Jim Holt and Southside Recycling, LLC v. Robert C. Rogers

COMES NOW, Plaintiff, Auto Advantage Finance, Inc. (“Auto Advantage”) and asserts its claims against Defendants as follows:
1. Auto Advantage is a corporation duly organized under the laws of the State of Oklahoma, with its principal place of business in Oklahoma.
2. Upon information and belief, Defendant Lawrence Clark is an individual residing in the State of Oklahoma, Garfield Count... More...
   $0 (08-13-2014 - OK)

STATE OF IOWA, Plaintiff-Appellee, vs. ROBERT S. WINFREY, Defendant-Appellant.

Convicted of first-degree murder, a crime he committed as a juvenile, Robert Winfrey was sentenced to life imprisonment without the possibility of parole as mandated by the 1971 Code of Iowa. Following the district court’s grant of his motion to correct his illegal sentence, Winfrey was resentenced to life imprisonment with the possibility of parole. He now appeals, asserting his new sentence is... More...   $0 (08-13-2014 - IA)

United State of America v. Nancy Mageno

Nancy Mageno’s godson, a leader of a methamphetamine
conspiracy, did not speak English fluently, so Mageno
translated telephone calls for him. As a result, Mageno was
prosecuted for knowingly joining and participating in the
drug conspiracy by fostering communication between its
participants and her godson. In a separate disposition, we
reject Mageno’s argument that the... More...
   $0 (08-11-2014 - NV)

United States of America v. Nancy Mageno

Nancy Mageno’s godson, a leader of a methamphetamine
conspiracy, did not speak English fluently, so Mageno
translated telephone calls for him. As a result, Mageno was
prosecuted for knowingly joining and participating in the
drug conspiracy by fostering communication between its
participants and her godson. In a separate disposition, we
reject Mageno’s argument that the... More...
   $0 (08-11-2014 - NV)

Biodiversity Conservation Alliance, f/k/a Biodiversity Associates v. Daniel J. Jiron, et al.

This appeal consolidates two cases about United States Forest Service (the “Forest
Service”) actions in the Black Hills National Forest (“BHNF”), which straddles the
Wyoming and South Dakota border.
The Appellants,1 led by Biodiversity Conservation Alliance, are non-profit entities
(collectively, “Biodiversity”) interested in species and habitat protection in the BHNF.<... More...
   $0 (08-05-2014 - WY)

Michael Dean Scott v. Marc Houk, Warden

After his conviction in Ohio state court for two murders and the
aggravated robbery and kidnapping of one of his victims, petitioner Michael Dean Scott was
sentenced to death. Scott appealed and pursued post-conviction remedies in state court, to no
avail. He now seeks habeas relief under 28 U.S.C. § 2254. The district court denied relief.
>
No. 11-4361 Scott v. Houk Page 2More...
   $0 (07-28-2014 - OH)

The People v. Kenneth Elder

In December 2012, defendant Kenneth Elder filed what he titled a petition for a writ of habeas corpus (though invoking Pen. Code, § 1170.126)1 seeking to recall his 1995 indeterminate life sentence. The statute, enacted pursuant to a November 2012 initiative measure, provides retrospective relief under narrow criteria from indeterminate life sentences imposed for recidivism. Defendant alleged tha... More...   $0 (07-25-2014 - CA)

The People v. Kevin Dewayn Boyce

Kevin Dewayn Boyce (defendant) and Andre Willis burglarized two businesses, robbing several people inside. During the first crime, off-duty peace officer Shayne York was killed. A jury convicted defendant of first degree murder with the special circumstances of killing a peace officer in retaliation for the performance of his duties and of murder during the commission of robbery and burglary.1 Bec... More...   $0 (07-24-2014 - CA)

The People v. Stephen Edward Hajek and Loi Tan Vo

Defendants Stephen Edward Hajek and Loi Tan Vo were convicted of the 1991 murder of Su Hung (Pen. Code, § 187)1 as to which lying-in-wait and torture-murder special circumstances were found true (former § 190.2, subd. (a)(15), (18)). Additionally, defendants were convicted of four counts of premeditated attempted murder (§§ 664/187), one count of kidnapping (§ 207, subd. (a)), three counts of... More...   $0 (07-23-2014 - CA)

The People v. Leopoldo Chavez

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney
General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina and Annie
Featherman Fraser , Deputy Attorneys General, for Plaintiff and Respondent.
A jury convicted defendants and appellants Leopoldo Chavez and Edward Elias of
two counts of first degree murder (Pen. Code, § 187, subd. (a))1 ... More...
   $0 (07-22-2014 - CA)

The People v. Kenneth Elder

In December 2012, defendant Kenneth Elder filed what he titled a petition for a
writ of habeas corpus (though invoking Pen. Code, § 1170.126)1 seeking to recall his
1995 indeterminate life sentence. The statute, enacted pursuant to a November 2012
initiative measure, provides retrospective relief under narrow criteria from indeterminate
life sentences imposed for recidivism. Defen... More...
   $0 (07-15-2014 - CA)

Friends of Merrymeeting Bay and Environment Maine v. Hydro Kennebec, LLC

Two conservation groups, Friends
of Merrymeeting Bay and Environment Maine (collectively,
"Plaintiffs"), brought two citizen enforcement suits containing
claims under the Endangered Species Act ("ESA"), 16 U.S.C.
§§ 1531–1544, and the Clean Water Act ("CWA"), 33 U.S.C.
§§ 1251–1387, against Hydro Kennebec, LLC, Brookfield Power US
Asset Management, LLC, Merimil Limi... More...
   $0 (07-14-2014 - ME)

Bruce I. Schimmel v. Gary McGregor, Teri McGregor, Kris Hall, Soledad Pineda, Larry Bishop, Cynthia Bishop, George Clark, Deborah Clark, and Carol Severance

In this interlocutory appeal, appellees Gary McGregor, Teri McGregor, Kris Hall, Soledad Pineda, Larry Bishop, Cynthia Bishop, George Clark, Deborah
2
Clark, and Carol Severance (collectively, “the Buy-Out Owners”), sued Bruce Schimmel, an attorney hired by The Sands of Kahala Beach HOA, Inc. (“SOKB”), the homeowners’ association for the subdivision in which the Buy-Out Owners li... More...
   $0 (07-10-2014 - UT)

United States of America v. Sun Trust Mortgage, Inc.

WASHINGTON, DC – The Department of Justice today announced an agreement with SunTrust Mortgage Inc. that resolves a criminal investigation of SunTrust’s administration of the Home Affordable Modification Program (HAMP).

As detailed in documents filed today, SunTrust misled numerous mortgage servicing customers who sought mortgage relief through HAMP. Specifically, SunTrust made mate... More...
   $0 (07-03-2014 - VA)

United States of America v. Charles W. Pollock, Jr.

A jury found Charles Pollock, Jr. guilty of unlawful possession of a firearm, unlawful pos-session of ammunition, and attempted witness tampering, and Pollock was sentenced to 240 months in prison. Pollock

* Of the Southern District of Indiana, sitting by designation.

2 No. 13-2764

appeals his conviction and seeks a new trial; in the alterna-tive, he challenges his sentence. W... More...
   $0 (07-01-2014 - IL)

Flying Pigs, LLC v. RRAJ Franchising, LLC

In late 2012, a North Carolina business called Flying Pigs, LLC, sued a North Carolina entity called RRAJ Franchising, LLC, in the Superior Court of Lenoir County, North Carolina, alleging a claim under North Carolina law. RRAJ removed that lawsuit to the Eastern District of North Carolina, asserting federal question jurisdiction pursuant to 28 U.S.C. § 1331. The district court denied Flying Pigs... More...   $0 (07-01-2014 - NC)

The People v. Christopher Jamees Sattiewhite

A jury convicted defendant Christopher James Sattiewhite of the rape (Pen. Code, § 261),1 kidnapping (§ 207), and murder (§ 187) of Genoveva Gonzales. The jury found true the special circumstance allegations that the murder occurred during the commission of the rape and kidnapping (§ 190.2, subd. (a)(17)(B), (C)), and it found that defendant personally used a firearm during the commission of t... More...   $0 (06-30-2014 - CA)

The People v. Alejandro Avila

A jury convicted defendant of kidnapping, committing two counts of lewd and lascivious acts on, and then murdering Samantha Runnion under the special circumstances of murder while kidnapping and murder while committing lewd and lascivious acts on a child under the age of 14. (Pen. Code, §§ 187, 190.2, subd. (a)(17)(B) and (E), 207, 288, subd. (b).)1 After a penalty trial, the jury returned a ver... More...   $0 (06-30-2014 - CA)

Roger Seherr-Thoss, D/B/A Rst Sand & Gravel And/Or Rst Excavation and Trucking v. Teton County Board of County Commissioners and Teton County Planning Director

[¶1] On June 7, 2010, Appellee, the Teton County Board of County Commissioners
and Teton County Planning Director (“Teton County” or “County” or “Planning
Director”),1 issued a Notice to Abate to Appellant Roger Seherr-Thoss (“RST”). The
County found that RST’s gravel business violated the County’s Land and Development
Regulations (“LDRs”) because the busin... More...
   $0 (06-29-2014 - )

The People v. Carlos Miguel Iraheta

A jury found defendant and respondent Carlos Miguel Iraheta guilty of shooting at an occupied motor vehicle in violation of Penal Code section 246.1 Before sentencing, Iraheta moved for a new trial on several grounds, including that the trial court had erred by declining to instruct the jury on imperfect self-defense in relation to the section 246 charge. The trial court concluded it had committed... More...   $0 (06-27-2014 - CA)

Michael Barrett v. Salt Lake County and Linda Hamilton

The trouble began when Michael Barrett, a Salt Lake County employee, helped a colleague pursue a sexual harassment complaint against her boss. The complaint was entirely warranted but some in management apparently didn’t like the publicity. According to Mr. Barrett, his superiors thought him a noisy troublemaker and began a campaign to have him discharged or demoted. After he was demoted Mr. Bar... More...   $0 (06-13-2014 - UT)

In Re: Mortgage Electronic Registration Systems, Inc.

Mortgage Electronic Registration Systems, Inc.
(“MERS”), a subsidiary of MERSCORP, Inc., operates an
electronic mortgage registration system (“the MERS
System”). MERS is distinct from the MERS System. The
MERS System is a private electronic database that records the
ownership of and servicing rights in home loans. Various
financial institutions are members of the ME... More...
   $0 (06-12-2014 - AZ)

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