Mitigation Law
 
James C. Hill v. Didier Degery

Plaintiffs James C. Hill and Dawn L. Hill as trustees under a revocable trust dated February 17, 1977 (the Hills) appeal from a postjudgment order awarding contractual attorney fees to Affirmed Housing Group (Affirmed) under Civil Code section 1717.

We find no abuse of discretion and affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

In the underlying suit, the Hills sued San Jose F... More...
   $0 (06-09-2014 - CA)

The People v. Donald Ray Debose

A jury convicted defendant Donald Ray Debose of the first degree murder and second degree robbery of, and arson causing great bodily injury to, Dannie Kim (Pen. Code, §§ 187, subd. (a), 189, 211, 212.5, 451, subd. (a)),1 and it found true special circumstance allegations that Kim‟s murder took place during the commission of arson and robbery (§ 190.2, subd. (a)(17)). The jury convicted defend... More...   $0 (06-05-2014 - CA)

The People v. Charles Elmore

A killing committed because of an unreasonable belief in the need for self-defense is voluntary manslaughter, not murder. “Unreasonable self-defense, also called imperfect self-defense, „obviates malice because that most culpable of mental states “cannot coexist” with an actual belief that the lethal act was necessary to avoid one‟s own death or serious injury at the victim‟s hand.‟ ... More...   $0 (06-02-2014 - CA)

The People v. Steven Allen Brown

A jury convicted Steven Allen Brown of first degree murder, sodomy, and forcible lewd act on a minor under 14.1 It found true the special circumstances for murder in the commission of the sexual offenses,2 and returned a death verdict. This appeal is automatic. (Cal. Const., art. 6, § 11, subd. (a); Pen. Code, § 1239, subd. (b).) We affirm the judgment.

1 Penal Code sections 187, subdivis... More...
   $0 (06-02-2014 - CA)

Taberone Dave Honie v. State of Utah

¶1 In May 1999, Petitioner Taberone Dave Honie was convicted of aggravated murder. Mr. Honie waived his right to a jury at sentencing and was subsequently sentenced to death by the trial judge. Following an unsuccessful direct appeal, Mr. Honie sought postconviction relief pursuant to the Utah Post Conviction Remedies Act (PCRA). This case comes before the court on appeal from a grant of summary ... More...   $0 (05-30-2014 - UT)

Ruth Rosenfeld v. Abraham Joshua Heschel Day School, Inc.

In this age discrimination case, plaintiff and appellant Ruth Rosenfeld (Rosenfeld) appeals a judgment following a defense verdict in favor of her former employer, defendant and respondent Abraham Joshua Heschel Day School, Inc. (Heschel). Rosenfeld alleged Heschel repeatedly reduced her teaching hours “in an effort to force her out of her position because of her age.” Heschel attributed the r... More...   $0 (05-28-2014 - CA)

Sierra Club v. County of Fresno and Friant Ranch, P.P.

In February 2011, the County of Fresno (County) approved the Friant Ranch project, a proposed master-planned community for persons age 55 or older located in north-central Fresno County (the Project). The Project is located on 942 acres of unirrigated grazing land adjacent to the unincorporated community of Friant, below Friant Dam and Millerton Lake, near the San Joaquin River.

This appeal... More...
   $0 (05-27-2014 - CA)

Columbia Medical Center of Denton Subsidiary, LP; Columbia Medical Center of Denton Subsidiary, LP d/b/a Denton Regional Medical Center; Columbia North Texas Subsidiary GP, LLC; and Denton Regional Medical Center v. Wanda Braudrick

This is an interlocutory appeal from an order denying a motion to dismiss for failure to file an expert report pursuant to the Texas Medical Liability Act (TMLA). See Tex. Civ. Prac. & Rem. Code Ann. §§ 74.001–.507 (West 2011 & Supp. 2013). In one issue, Appellants Columbia Medical Center of Denton Subsidiary, L.P.; Columbia Medical Center of Denton Subsidiary, L.P. d/b/a Denton Regional Medic... More...   $0 (05-22-2014 - CA)

Harvey Jay Weinberg and Kenneth Alan Weinberg v. Betty Weinberg

Beneficiaries of a trust appeal an order denying their request to enforce a $500 per diem contempt fine against a trustee for her non-compliance with multiple court orders. They argue the trial court erred in not enforcing the original contempt order, the trustee waived any defect in the original contempt order by not taking an appeal, and that the trial court erred in finding it did not have the ... More...   $0 (05-07-2014 - FL)

The People v. Hakimullah Sarppas

Hakimullah Sarpas and Zulmai Nazarzai operated a scheme by which they promised customers they would obtain loan modifications from lenders and prevent foreclosure of the customers’ homes. They operated this scheme through their jointly owned company, Statewide Financial Group, Inc. (SFGI), which did business as US Homeowners Assistance (USHA). Sharon Fasela1 was, among other things, the office m... More...   $0 (05-06-2014 - 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 o... More...   $0 (05-05-2014 - CA)

The People v. Calvin Dion Chism

A jury convicted defendant Calvin Dion Chism of the first degree murder (Pen. Code, § 187, subd. (a) (count one))1 and attempted robbery (§§ 211/664 (count two)) of Richard Moon, and the second degree robbery of Jung Ja Chung (§ 211 (count three)).2 The jury found true the special circumstance allegation that the murder was committed during the attempted commission of a robbery (§ 190.2, subd... More...   $0 (05-05-2014 - CA)

The People v. Luis Angel Gutierrez and Andrew Lawrence Moffett

The two 17-year-old offenders in these cases were convicted of special circumstance murder and sentenced to life imprisonment without the possibility of parole under Penal Code section 190.5, subdivision (b) (hereafter section 190.5(b)). Section 190.5(b) provides that the penalty for 16- or 17-year-old juveniles who commit special circumstance murder ―shall be confinement in the state prison for... More...   $0 (05-05-2014 - CA)

United States of America v. Thomas Blackledge

Respondent-Appellant Thomas Blackledge has been civilly committed as a sexually dangerous person under the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act”), codified at 18 U.S.C. §§ 4247-48. Prior to a hearing on his commitment, Blackledge successfully moved for the appointment of an expert forensic examiner, who opined that he was indeed a sexually dangerous person. Bla... More...   $0 (05-05-2014 - NC)

Philip L. Biron v. City of Redding

Plaintiffs Biron Family Living Trust and Philip L. and Julie M. Biron as trustees own a 12-unit apartment building in downtown Redding, California, which they purchased in 2001. In February and March 2009, their property was damaged by flooding during two separate storm events. They filed this action against defendant City

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of Redding (City), alleging inverse condemnation and danger... More...
   $0 (04-30-2014 - CA)

State of Utah v. Cody Lynn Nielsen

¶1 Cody Nielsen was convicted of the aggravated murder of Trisha Autry and sentenced to life without parole. On this appeal, Nielsen raises a series of challenges to the venue for his trial—a Cache County trial with a jury comprised of Box Elder County residents. He also questions the sufficiency of the evidence to sus-tain lesser offenses of kidnapping and aggravated kidnapping and the suffici... More...   $0 (04-29-2014 - UT)

State of Utah v. Marianne Ricks

¶1 Marianne Ricks appeals her sentence on a conviction of retail
theft, a third degree felony. We affirm.
¶2 “The sentencing decision of a trial court is reviewed for
abuse of discretion.” State v. Valdovinos, 2003 UT App 432, ¶ 14, 82
P.3d 1167. A court abuses its discretion in sentencing “when it fails
to consider all legally relevant factors or if the sentence impos... More...
   $0 (04-17-2014 - UT)

State ex rel. Oklahoma Bar Association v. Phillip W. Offill

¶1 This Court suspended Respondent from the practice of law on November 22, 2010. We based this action upon his conviction in the United States District Court for the Eastern District of Virginia on nine counts of wire fraud and a single count of conspiracy to commit securities registration violations, securities fraud and wire fraud. Case No. 1:09-cr-00134-LO-1 The United States District Court s... More...   $0 (04-15-2014 - OK)

Christopher M. Comins v. Matthew Frederick Vanvoorhis

In this defamation case, Christopher Comins [“Comins”], appeals a trial court order entering partial final judgment in favor of Appellee/Cross-Appellant, Matthew VanVoorhis [“VanVoorhis”], for Comins’s failure to comply with the presuit notice

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requirement of section 770.01, Florida Statutes (2008). Comins argues that the trial court erred because VanVoorhis is not a “me... More...
   $0 (04-11-2014 - FL)

Leonard Patrick Gonzalez, Jr. v. State of Florida

Leonard Patrick Gonzalez, Jr., appeals his convictions of two counts of first-degree murder and one count of home invasion robbery with a firearm and his corresponding sentences of death and life imprisonment. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons stated below, we affirm the convictions and sentences.

FACTS AND PROCEDURAL HISTORY

Leonard Patrick Go... More...
   $0 (04-10-2014 - FL)

State ex rel. Oklahoma Bar Association v. Mark Andrew Zannotti

¶1 The Oklahoma Bar Association (OBA) filed a complaint against attorney Mark Andrew Zannotti (Respondent). The OBA alleges Respondent violated Rule 8.4(b)1 of the Oklahoma Rules of Professional Conduct (ORPC), 5 O.S.2011, ch. 1, app. 3-A, and Rule 1.32 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2011, ch. 1, app. 1-A, and that he should be disciplined. The parties entered into ... More...   $0 (04-08-2014 - OK)

State ex rel. Oklahoma Bar Association v. Jennifer Adina Layton

¶1 The Bar Association alleged that Jennifer Layton (respondent): 1) neglected to disclose to the court and opposing counsel that her witness was going to testify inconsistently with his previous police statement; and 2) falsely denied that she had spoken to the witness before and/or during the trial. It contends that her conduct violated Rules 3.3[falsifying evidence/failing to disclose evidence... More...   $0 (03-25-2014 - OK)

State of Utah v. Casey Phillip Perkins

¶1 Defendant Casey Phillip Perkins appeals from the amended
sentence entered after he pleaded guilty to two counts of child
abuse. Perkins advances multiple theories to challenge the entry of
an amended judgment sometime after the original sentence was
entered on the day of the sentencing hearing. We affirm.
State v. Perkins
20111103-CA 2 2014 UT App 60
BACKGROUND
... More...
   $0 (03-20-2014 - UT)

Robert L. Henry v. State of Florida

Robert Henry is a prisoner under sentences of death for whom a death warrant has been signed and execution set for March 20, 2014. In 1988, Henry was convicted of the first-degree murders of Phyllis Harris and Janet Thermidor, armed robbery with a deadly weapon, and arson. Henry now appeals the denial of his second successive motion for postconviction relief, filed under Florida Rule of Criminal P... More...   $0 (03-19-2014 - )

The People v. Joseph Montes

A Riverside County jury found defendant Joseph Montes guilty of first degree murder (Pen. Code, §§ 187, 189) (count I)),1 kidnapping during the commission of a carjacking (§ 209.5) (count II), carjacking (§ 215) (count III), and being a felon in possession of a firearm (former § 12021, subd. (a)(1), now § 29800, subd. (a)) (count IV). The jury found true three special circumstance allegation... More...   $0 (03-13-2014 - CA)

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