Mitigation Law
 
The Inland Oversight Committee v. City of San Bernardino, First American Title Insurance Company




This matter relates to a proposed development in the Highland Hills area of the
City of San Bernardino that has been pending in various permutations for decades.
Plaintiffs and appellants The Inland Oversight Committee (IOC), CREED-21, and
Highland Hills Homeowners Associatio

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Lloyd Brown, Jr. v. State of Indiana



COURT OF APPEALS OF INDIANA




On October 1, 2016, Brown, while armed with a machete, went to Theresa
R

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State of Iowa v. Ronald Skyler






In May 2017, Steenhoek was charged with two counts of first-degree
robbery. In September, the State filed an amended tri

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Demetrick James v. The State of Texas



Texas Court of Appeals, First District




In October of 2015, Carmen Abeja and her two daughters were working at
their family-owned taco truck when Appellant and another man approached the
c

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State of Ohio v. Kevin D. Dixon

On June 7, 2017, a Franklin County Grand Jury indicted Dixon on kidnapping, a felony of the first degree in violation of R.C. 2905.01; abduction, a felony of the third degree in violation of R.C. 2905.02, and domestic violence, a felony of the third degree in violation of R.C. 2919.25. Dixon initially entered a not guilty plea. On October 24, 2017, he withdrew his not guilty plea and entered a g

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STATE OF OHIO v. LORETTA A. PHILLIPS

Appellant owned Solutions Counseling Center in Sebring. She was a counselor with plans to become a clinical psychologist. As a counselor, Appellant was not eligible to receive a provider number from the Ohio Department of Medicaid in order to directly seek reimbursement for rendering services to clients who used the traditional Medicaid option. (Under traditional Medicaid, a counselor had to wo

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Francis A. Bottini, Jr. v. City of San Diego

Office of the City Attorney, Mara W. Elliott, City Attorney, and Carmen A.
Brock, Deputy City Attorney, for Defendants and Appellants.
Francis A. Bottini, Jr., Nina M. Bottini, and the Bernate Ticino Trust dated March
9, 2009, Trust 3 (the Bottinis) applied to the City of San Diego for a coastal development
permit (CDP) to construct a single-family home on a vacant lot in La Jolla.

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PAUL R. GOODWATER v. STATE OF MISSOURI

On February 16, 2010, Detective Steve Ryun ("Detective Ryun") conducted an
investigation using software to identify IP addresses that were associated with files that
appeared to contain child pornography which were being shared over the internet.
Detective Ryun found an IP address that had been observed with twenty-six notable files
which had been available for sharing since J

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State of Tennessee v. Kaylecia Woodard

On June 16, 2014, the defendant, Anthony Smith, and Timeya Harris robbed the Grocery and Tobacco Market in Knoxville, Tennessee. The defendant was the getaway driver while Mr. Smith entered the store and Ms. Harris acted as the look-out. In 2015, a 09/13/2018 -2 Knox County jury convicted the defendant of two counts of aggravated robbery. The criminal gang enhancement statute was used to incr

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COMMONWEALTH vs. MAKSIM LUTSKOV

The defendant, Maksim Lustkov, was sixteen years old in October, 1999, when he committed an armed home invasion during which he shot one occupant three times in front of the occupant's teenage daughter. A Juvenile Court jury adjudicated the defendant a youthful offender on indictments charging armed home invasion and various related offenses, and he was sentenced to a mandatory minimum State pri

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COMMONWEALTH vs. FERNANDO PEREZ

In Commonwealth v. Perez, 477 Mass. 677, 688 (2017) (Perez I), we determined that the juvenile defendant, 2 Fernando Perez, received a sentence for his nonhomicide offenses that was presumptively disproportionate under art. 26 of the Massachusetts Declaration of Rights in that the time he would serve prior to parole eligibility exceeded that applicable to a juvenile convicted of murder. We th

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STATE OF KANSAS v. JAMES FRANKLIN ATKISSON, JR.

This is Atkisson's second appeal from decisions denying his motions to depart from Jessica's Law's hard 25 life sentence. The State initially charged Atkisson with two counts of raping a child under 14 years old. The State alleged these crimes occurred between October 31 and November 1, 2013, in Anderson County. While those charges were pending, Atkisson faced related criminal exposure in neighbor

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STATE OF KANSAS v. KURT POWELL

Kurt Powell pleaded guilty to one count of aggravated indecent liberties with a child under 14. At the plea hearing, he admitted inappropriately touching the victim, with intent to arouse or satisfy sexual desires, when she was under 14 years old and he was over 18. The crime occurred between February and November 2013. The district court accepted the plea and found Powell guilty. The conviction c

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STATE OF OHIO v. DAWUD SPAULDING

In the early morning of December 15, 2011, Mr. Spaulding shot and paralyzed
Patrick Griffin while he was leaving a house on Grant Street. Merely hours later, Mr. Spaulding
shot and killed both Erica Singleton and Ernie Thomas outside of the same house. Mr.
Spaulding was arrested the following day. After a jury trial, Mr. Spaulding was convicted of two
counts of aggravated mu

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STATE OF OHIO v. ROSS M. MCWAY

McWay had been in a relationship with Wendy Jeffers (“Jeffers”) for
about one year as of January, 2017. Tr. 261, 364-365. In 2016, McWay was
incarcerated, awaiting a trial scheduled on a charge not related to this present case.
Tr. 249. An inmate incarcerated with McWay, Casey Smith (“Smith”), later
testified at trial that Jeffers visited McWay at the jail on Januar

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Suzanne J. Black v. City of Rancho Palos Verdes

The appellants (landowners) own eight lots in an area of
Rancho Palos Verdes that is the subject of a 1978 building
moratorium based on the resurgence of an ancient landslide.1 In
the trial court, the landowners sought relief from the building
moratorium and damages for inverse condemnation primarily on
the basis of our opinion in Monks v. City of Rancho Palos Verdes
(2008)

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JAMES J. FORBES & FAY ANNETTE FORBES vs PRIME GENERAL CONTRACTORS, INC.

This is an appeal from a final judgment on a claim for breach of contract. James and Fay Forbes sued Prime General Contractors, Inc. for breach after Prime walked off a home construction job. The Forbeses sought damages that included payments they made to Prime under the contract, payments they made for updated

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architectural plans, certain other expenses, and a loss of

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San Franciscans for Livable neighborhoods v. City and County of San Francisco

After preparing an environmental impact report (EIR) defendant City and County
of San Francisco (City) approved revisions of the housing element of its general plan.
San Franciscans for Livable Neighborhoods (SFLN) filed a petition for writ of mandate
challenging the adequacy of City’s EIR. The trial court denied relief and we affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
A. T

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STATE OF OHIO - vs - JOSHUA LEE LAZIER

Defendant-appellant, Joshua Lazier, appeals his sentence in the Butler County Court of Common Pleas after pleading guilty to gross sexual imposition. {¶ 2} Lazier was charged with single counts of unlawful sexual conduct with a minor and sexual battery after he had vaginal intercourse with a 13-year-old girl who was intoxicated and asleep. Lazier later agreed to plead guilty to a fourth-deg

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STATE OF OHIO - vs - CHARLES L. LORRAINE

Appellant was charged with various crimes, including aggravated murder, in 1986. The charges stemmed from the stabbing deaths of Raymond and Doris 2 Montgomery. Appellant had befriended the Montgomerys, who hired him to do small tasks at their home. At the time of the murders, Mr. Montgomery was 77 years of age; Mrs. Montgomery was 80 years of age and bedridden. {¶3} On the evening of

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State of Ohio v. Raymond P. Jones

Appellant, Raymond Jones, sets forth the following assignment of error: I. THE TRIAL COURT ERRED BY FAILING TO COMPLY WITH APPLICABLE STATUTES IN SENTENCING APPELLANT. {¶ 3} The following undisputed facts are relevant to this appeal. On three separate occasions in August 2016, appellant possessed and sold unlawful narcotics to a confidential police informant at appellant’s home in Fremon

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STATE OF KANSAS v. ROBERT F. DWERLKOTTE, JR.

Another panel of this court granted Robert F. Dwerlkotte, Jr., relief under State v. Dickey, 301 Kan. 1018, 350 P.3d 1054 (2015) (Dickey I), and State v. Dickey, 305 Kan. 217, 380 P.3d 230 (2018) (Dickey II), and remanded the case for resentencing using the proper criminal history score. At resentencing, the district court modified the sequencing of Dwerlkotte's sentences, not only for his challen

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NARRAGANSETT INDIAN TRIBE, acting by and through the Narragansett Indian Tribal Historic Preservation Office v. RHODE ISLAND DEPARTMENT OF TRANSPORTATION; FEDERAL HIGHWAY ADMINISTRATION; ADVISORY COUNCIL ON HISTORIC PRESERVATION; RHODE ISLAND HISTORICAL PRESERVATION AND HERITAGE COMMISSION

We take the facts as described by the Tribe in its complaint. See Ocasio-Hernández v. Fortuño-Burset, 640 F.3d 1, 5 (1st Cir. 2011). The Tribe's grievance stems from an agreement reached between the Tribe and state and federal agencies under the auspices of the National Historic Preservation Act, 54 U.S.C. § 300101 et seq. (the "NHPA" or the "Act"). The NHPA requires federal agencies o

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United States of America v. Shonda Renee Stubblefield

Houston, TX - Local Woman Heads to Prison for Defrauding Federal Program Intended to Improve Air Quality

A 45-year-old woman has been ordered to prison on for charges related to defrauding the Federal Highway Administration Congestion mitigation Air Quality and Surface Transportation Program (FHWA-CMAQ), announced U.S. Attorney Ryan K. Patrick along with Special Agent in Charge Joseph Zsc

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Narragansett Indian Tribe v. Rhode Island Department of Transportation, et al.

The Narragansett Indian Tribe (the "Tribe") appeals the district
court's dismissal of its complaint against a handful of federal and
Rhode Island agencies concerning a highway bridge reconstruction over
historic tribal land. At base, the Tribe contends that the state of
Rhode Island broke a promise made to the Tribe. Because this is not
the type of claim federal courts may

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