Mitigation Law
 
United States of America v. Shengyang Zhou a/k/a Tom

Mr. Shengyang Zhou pled guilty to trafficking and attempted trafficking of counterfeit goods in violation of 18 U.S.C. § 2320 and § 2. He was sentenced to eighty-seven months’ imprisonment and three years’ supervised release, and he was ordered to pay restitution of $507,567. Mr. Zhou contends the district court made a number of errors in sentencing him. We disagree and affirm.

I.
... More...
   $0 (06-07-2013 - CO)

In Re: Standard Jury Instructions - Contract and Business Cases

This matter is before the Court upon the report, recommendation and proposal of the Supreme Court Committee on Standard Jury Instructions— Contract and Business Cases and a printed book of instructions prepared by the Committee for use when appropriate in civil cases. We have jurisdiction. See art. V, § 2(a), Fla. Const. This Court generally approves the theory and technique of instructing juri... More...   $0 (06-06-2013 - FL)

William Van Poyck v. State of Florida

William Van Poyck, a prisoner under sentence of death and under an active death warrant, appeals from an order dismissing his third successive motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.851 and

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summarily denying his motion to vacate his sentence of death or, in the alternative, motion for an evidentiary hearing. Van Poyck also petition... More...
   $0 (06-06-2013 - FL)

Cintas Corporation No. 2 d/b/a Cintas Corporation v. Under the Staircase LLC d/b/a Gray Snail Saloon

Cintas Corporation No. 2 d/b/a Cintas Corporation sued Under the Staircase LLC d/b/a Gray Snail Saloon on a breach of contract theory. The specifics of the claims made by Plaintiff are not available.

Defendant appeared and answered as follows:

1. That the Defendant admits paragraph 1 of the Plaintiffs Petition.

2. That the Defendant denies paragraphs 2, 3, 4, and 5 of t... More...
   $0 (06-05-2013 - OK)

Ronald Lee Deere v. Vince Cullen

Ronald Deere threatened to kill everyone in Cindy
Gleason’s family if she were ever to break up with him. On

4 DEERE V. CULLEN

March 4, 1982, Deere made good on his threat. Upset that
Cindy had left him, Deere shot and killed Cindy’s brother-inlaw,
Don Davis, and Davis’s two young daughters, ages 7
and 2.

Deere was arrested a few days later. After h... More...
   $0 (06-03-2013 - CA)

Tom Watkins v. Henry Day Ford

¶1 On certiorari, we are asked to decide whether Henry Day Ford (Henry Day) and Tom Watkins abandoned Motor Vehicle Sales Contracts (Vehicle Contracts or Contracts) for the sale of two Ford GT40s; whether the Contracts contained a latent ambiguity regarding the identity of the vehicles to be sold; and, in the event that Henry Day breached the Contracts, whether Mr. Watkins adequately mitigated hi... More...   $0 (05-31-2013 - UT)

State of Illinois v. Ronald Stolberg

The State of Illinois charged Ronald Stolberg, age 49, with first-degree murder in conjunction with the death of his wife who he held to the floor until she stopped breathing in the early morning hours of June 8, 2011 in their townhouse in Vernon Hills, Illinois.

Prosecutors Jim Newman and Scott Hoffert argued that Stolberg became so irritated, sleep-deprived and frustrated with his menta... More...
   $0 (05-28-2013 - IL)

State of Oklahoma v. Michael Anthony McGregor, III

The State of Oklahoma charged Michael Anthony McGregor, III with DUI Alcohol - second offense in violation of 47 O.S. 11-902; child endangerment in violation of 21 O.S. 852.1; driving under suspension in violation of 47 O.S. 6-303; driving without headlights in violation of 47 O.S. 12-203; failure to carry insurance / security verification form in violation of 47 O.S. 7-606; failure to use child r... More...   $0 (05-20-2013 - OK)

Michael Joseph Griffin v. State of Florida

Michael Joseph Griffin appeals an order of the circuit court denying his motion to vacate his conviction for first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851. Griffin 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. For the reasons explained below, we affirm the tr... More...
   $0 (05-16-2013 - FL)

The People v. Richard Morris, Jr.

The People of California charged Richard Morris, Jr., age 59, with first-degree murder in conjunction with the death of James Stockwell, who owned the Mustang Topless Theater in Santa Ana, in 1987. Stockwell, also known as Jimmy Casino, was killed and his 22-year-old girlfriend was raped in Casino's condo. Investigation into who committed the crimes was thwarted until DNA evidence led to Morris' ... More...   $0 (05-01-2013 - CA)

The People v. Shajia Ayobi

The People of the State of California charged Shajia Ayobi, age 46, with first-degree murder in conjunction with the death of Ghulam Rabani Ayobi, age 53.

Defendant claimed that she killed her husband to defend herself from continued chronic domestic abuse and that she was in "imminent" threat to her when she killed him or had him killed.

California Penal Code Sections 187-199 pr... More...
   $0 (05-01-2013 - CA)

Richard Todd Robards v. State of Florida

This case is before the Court on appeal from two judgments of conviction of first-degree murder and two sentences of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. Richard Robards was convicted in Pinellas County of the 2006 murders of Clearwater residents Linda and Frank Deluca and he now pursues the direct appeal of his convictions and sentences which are subject to automatic r... More...   $0 (04-25-2013 - FL)

The People of the States of Illinois v. Bernard Mims


ORDER

¶ 1 Held: Where defendant's 70-year sentence, including 20-year enhancement for discharge of a firearm, imposed on remand was within statutory range for first degree murder, and record showed that mitigating evidence was presented to court, sentence will not be disturbed on appeal; the judgment of the trial court was affirmed.

¶ 2 Defendant Bernard Mims comes before ... More...
   $0 (04-17-2013 - IL)

State of Arizona v. Eric Boyston

¶1 A jury found Eric Boyston guilty of three first degree
murders and one count each of attempted first and second degree
murder. He was sentenced to death for the murders and to prison
terms on the attempt convictions. We have jurisdiction over
this automatic appeal under Article 6, Section 5(3) of the
2
Arizona Constitution and A.R.S. § 13-4031.1
I. FACTUAL AND PROC... More...
   $0 (04-15-2013 - AZ)

State of Arizona v. Eric Boyston

¶1 A jury found Eric Boyston guilty of three first degree murders and one count each of attempted first and second degree murder. He was sentenced to death for the murders and to prison terms on the attempt convictions. We have jurisdiction over this automatic appeal under Article 6, Section 5(3) of the

2

Arizona Constitution and A.R.S. § 13-4031.1

I. FACTUAL AND PROCEDURAL ... More...
   $0 (04-15-2013 - AZ)

United States of America v. Brian A. Annoreno a/k/a "Acidburn"

Brian Annoreno appeals his aggregate 480-month sentence after pleading guilty to charges of conspiring to receive, transport, and distribute

2 No. 11-2783

child pornography, receipt of child pornography, and possession of materials containing child pornography. He contends the sentencing judge committed a variety of errors: failing to calculate the guideline range properly, faili... More...
   $0 (04-12-2013 - IL)

Sarah Badahman Catering St. Louis

The jury returned a verdict in favor of Sarah Badahman and against Catering St. Louis and its president, Mark Erker (collectively "CSL"), in the amount of $11,250 for compensatory damages and $2,000 for punitive damages. Badahman filed a motion for additur or, in the alternative, a new trial pursuant to § 537.068,1 Rule 78.01, and Rule 78.02. The circuit court sustained Badahman's motion and gave... More...   $0 (04-09-2013 - MO)

James Luttrell v. Island Pacific Supermarkets, Inc.

James Luttrell (Luttrell) appeals from an amended judgment entered after a jury verdict and post-trial rulings in his personal injury action. He contends: (1) substantial evidence did not support the jury’s finding that he was five percent comparatively negligent in regard to a hip fracture he sustained at the respondent’s premises; (2) substantial evidence did not support the court’s ruling... More...   $0 (04-08-2013 - CA)

Kay Yost v. Jered Custom Homes

Kay Yost appeals the take-nothing summary judgment against her and in favor of Jered Custom Homes. Appellant brings two issues on appeal contending (1) the trial court erred by granting appellee’s motion for summary judgment, and (2) the trial court erred by considering appellee’s summary judgment evidence. We affirm the trial court’s judgment in part and reverse and remand in part.

B... More...
   $0 (04-03-2013 - TX)

Larry Eugene Mann v. State of Florida

Larry Eugene Mann, a prisoner under sentence of death and under an active death warrant, appeals the circuit court’s orders denying his motion to vacate

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sentence and public records requests filed pursuant to Florida Rules of Criminal Procedure 3.851 and 3.852 and petitions this Court for a writ of habeas corpus. We have jurisdiction. Art. V, § 3(b)(1), (9), Fla. Const. For t... More...
   $0 (04-02-2013 - FL)

United States of America v. Cortez Fisher

It is axiomatic that, "to be constitutionally valid, a plea of guilty must be knowingly and voluntarily made." United States v. Brown, 117 F.3d 471, 473 (11th Cir. 1997). And "a guilty plea is not knowingly and voluntarily made when the defendant has been misinformed" as to a crucial aspect of his case. Id.

In this extraordinary case, the law enforcement officer responsible for the investig... More...
   $0 (04-01-2013 - MD)

Clayton Lockett v. Anita Trammel

In August 2000, an Oklahoma state court jury convicted Clayton Lockett of 19 counts, including burglary, assault, rape, and first degree murder. He was sentenced to 2,285 years and 90 days of imprisonment for his non-capital crimes and sentenced to death for his murder conviction. The Oklahoma Court of Criminal Appeals (“OCCA”) affirmed Mr. Lockett’s convictions and sentence and later denied... More...   $0 (04-01-2013 - OK)

G.C. v. Owensboro Public Schools

Plaintiff-Appellant G.C. began
attending school in the Owensboro Public School District as an out-of-district student
in 2005. In September 2009, G.C. was caught sending text messages in class. School
officials confiscated his cell phone and read the text messages. Because this was the last
in a series of disciplinary infractions, Superintendent Dr. Larry Vick (“Vick”) revoked<... More...
   $0 (03-28-2013 - KY)

Henry Hodges v. Roland Colson, Warden

In 1992, a Tennessee jury convicted Petitioner-Appellant Henry Hodges of first-degree murder and sentenced him to death.

1

No. 09-5021 Hodges v. Colson Page 2

The state courts upheld the conviction and sentence on appeal and denied Hodges’s petition for post-conviction relief. Hodges then petitioned for federal habeas relief, which the district court denied. Hodges now appea... More...
   $0 (03-26-2013 - TN)

Gary Michael Hilton v. State of Florida

Cheryl Dunlap disappeared from the Leon Sinks Geological Area in Leon County, Florida, on December 1, 2007. Her body was discovered in the Apalachicola National Forest on December 15, 2007. Gary Hilton, who had been seen in the area during that time, and who was convicted in Georgia for a similar crime, was charged with her kidnapping and murder. After trial, the jury convicted Hilton. After heari... More...   $0 (03-21-2013 - FL)

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