Necessity Law
 
Manuel Fino v. The State of Texas

Appellant was indicted for murder. The indictment against him alleged as follows:
That MANUEL FINO, hereinafter called Defendant, on or about the 16th day of April, 2016 in the County of Dallas, State of Texas, did unlawfully then and there intentionally and knowingly cause the death of JESUS VEGA, an individual, hereinafter called deceased, by SHOOTING DECEASED WITH A FIREARM, a deadly weap

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Larry D. Lincoln; Brad C. Mosbrucker v. BNSF Raiway Company District of Kansas Federal Courthouse - Topeka, Kansas

Several years after a tank car spill accident, Larry D. Lincoln and Brad C.
Mosbrucker (collectively “Appellants”) advised BNSF Railway Company (“BNSF”)
that medical conditions attributable to the accident rendered them partially,
permanently disabled and prevented them from working outdoors. Upon learning of
Appellants’ alleged medical conditions, BNSF removed Appellants from serv

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STATE OF KANSAS v. DYLLON ALAN TUCKER

The police-citizen encounter here involves four Topeka Police officers—two riding bicycles and two in patrol cars—meeting up with one man asleep in a car with its engine running and music playing so loudly it could be heard several blocks away. Once the driver awakened, the situation deteriorated rapidly and the scene suddenly became dangerous, almost deadly. The police officers' body cameras reco

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LARRY D. LINCOLN; BRAD C. MOSBRUCKER v. BNSF RAILWAY COMPANY

On October 9, 2007, a BNSF tank car sprung a leak near where Appellants were working, exposing Appellants to 2-chlorobenzyl chloride. Following the tank car spill accident, Appellants attempted, for over two years, to negotiate a monetary settlement with BNSF as to the injuries they sustained from the accident. During that two-year period, Appellants continued to perform their duties as MOW wo

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UNITED STATES OF AMERICA v. DIMITRY FOMICHEV

Fomichev was born in Russia and came to the United States in 2003 on a student visa. He met Svetlana Pogosyan in 2006, and they married later that year. In 2007, Pogosyan applied for an alien relative visa for Fomichev, and he applied to adjust his immigration status. The United States Department of Homeland Security found the marriage bona fide, approved the visa, and granted Fomichev conditio

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Eduardo De La Torre v. Cashcall, Inc.


Under California law, can a loan contract include an interest rate term so
high that it is “unreasonably and unexpectedly harsh,” “unduly oppressive,” or “so
one-sided as to shock the conscience”? (Sanchez v. Valencia Holding Co.,
LLC (2015) 61 Cal.4th 899, 910–911 (Sanchez).) What the Ninth Circuit asks us
to resolve in this case is a more specific version of that question: C

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Jason Springer v. Cleveland Clinic; Employee Health Plan Total Care Northern District of Ohio Courthouse - Cleveland, Ohio Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Sometimes it’s easier to seek forgiveness than permission. Jason Springer hoped as much when he arranged air ambulance transportation for his son before his employee benefit plan could verify his membership and authorize the service. But the plan administrator denied Springer’s claim for coverage because he did not obtain the precertification required for nonemergency transportation. The district

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State of Tennessee v. Geremy Paul Mathis

The Appellant’s indictment for initiating a process intended to result in the manufacture of methamphetamine occurred after motel employees discovered components of a “meth lab” in a motel room and notified the police. The police surveilled the motel room and saw the Appellant enter and leave the room. The police then stopped the Appellant’s vehicle for a traffic infraction and found a meth lab

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State of Tennessee v. Robert Taylor

The Shelby County Grand Jury charged the defendant with two counts of first degree murder, two counts of employing a firearm during the commission of a dangerous felony, one count of possessing a firearm after being convicted of a felony drug offense, and one count of possessing a firearm after being convicted of felony evading arrest, all arising from the shooting deaths of Eric Whittaker and Jon

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Eden Gonzalez Has v. Fhodyco Productions

After crossing the finish line at the 2011 Kaiser Permanente San Francisco Half
Marathon, Peter Hass (Hass) tragically suffered a cardiac arrest, collapsed, and died.
Hass’s wife, Eden Hass, and his two minor children (collectively, the Hass Family)
consequently filed this wrongful death action, alleging that numerous race-affiliated
individuals and entities—including event organiz

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STATE OF OHIO -vs- DALTON G. SMITH

The following facts are adduced from the record of the bond revocation hearing on July 11, 2017 and the bench trial of August 3, 2017. {¶3} Appellant was age 87 at the time of these offenses. He met the victim, Jane Doe, when she volunteered at a church where he was the minister. The two have never had a romantic relationship and Doe does not want a romantic relationship with appellant. Doe

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THE PEOPLE OF THE STATE OF ILLINOIS v. WILLIS REESE

Defendant Willis Reese was charged with several offenses, including aggravated vehicular hijacking (720 ILCS 5/18-4(a)(3) (West 2006)), vehicular invasion (720 ILCS 5/12-11.1 (West 2006)), attempted armed robbery (720 ILCS 5/8-4, 18-2 (West 2006)), and escape (720 ILCS 5/31-6 (West 2006)). The public defender was appointed to represent defendant, but defendant subsequently informed the trial court

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Lonnie Martin Williams v. The State of Texas

On June 1, 2017, Williams was indicted for two counts of aggravated robbery and one count of possession of a substance in penalty group one in an amount less than a gram. See id. § 29.03, TEX. HEALTH & SAFETY CODE ANN. § 481.115(b) (West, Westlaw through 2017 1st C.S.). The two aggravated robbery counts were enhanced due to Williams’s prior felony conviction. On October 16, 2017, the case was c

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Shundale Taylor v. The State of Texas

On March 29, 2016, Antoine Hodge was shot once in the chest outside an apartment complex at 5880 Bernal in Dallas, Texas. Antoine, with his brother Chevis,2 was at the complex to witness a fight between two women, Dajee Dillard3 and Jelicia Linwood.4 Antoine subsequently died of his wound. The ballistics expert testified the bullet that killed Antoine was fired from appellant’s gun. The fight

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STATE OF KANSAS v. CARLOS REYES and BIG MIKE'S BAIL BONDS

In June 2016, Reyes was charged with indecent liberties with a child and aggravated burglary. Bond was set at $100,000. Surety posted an appearance bond for Reyes, who then was released from custody. The bond guaranteed Reyes' appearance at the district court's direction. Reyes did not appear for his December 12, 2016 trial date, so the court ordered the forfeiture of Reyes' bond and issued a warr

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Araceli Rodriguez v. Lonnie Swartz, Agent of the U.S. Boarder Patrol Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

A U.S. Border Patrol agent standing on American soil
shot and killed a teenage Mexican citizen who was walking
down a street in Mexico. We address whether that agent has

6 RODRIGUEZ V. SWARTZ

qualified immunity and whether he can be sued for violating
the Fourth Amendment. Based on the facts alleged in the
complaint, we hold that the agent violated a clearly
e

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Hubert Vaughn Thomas v. The State of Texas

This case is about a shooting at an apartment complex in Terrell, Texas. One day in August of 2016, appellant walked his wife to her car at the complex. After his wife got in her car, appellant walked past a group of men who had been smoking PCP. One of the men, Raymond Lampkin, assaulted appellant in a violent and unprovoked attack. After the assault, appellant returned to his

–2–

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Shundale Taylor v. The State of Texas

On March 29, 2016, Antoine Hodge was shot once in the chest outside an apartment
complex at 5880 Bernal in Dallas, Texas. Antoine, with his brother Chevis,2 was at the complex
to witness a fight between two women, Dajee Dillard3 and Jelicia Linwood.4 Antoine subsequently
died of his wound. The ballistics expert testified the bullet that killed Antoine was fired from
appellant’s

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Darius Noel Rodriguez v. The State of Texas

On March 10, 2015, Universal City Police Officer David Allen was dispatched for a welfare check on J.H., a three-year-old child. Officer Allen met briefly with Laura,1 J.H.’s
maternal-grandmother, and Crystal, J.H.’s maternal-aunt, regarding their concerns of physical
abuse—specifically spankings that left marks on J.H.’s body and “a burn mark on his torso.”
J.H. was living with h

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Abdur Rahim Ambrose a/k/a Abdur Ambrose v. State of Mississippi

On the afternoon of April 7, 2013, Demetrius Lee returned home from work between 3:00 and 4:00 p.m. Lee resided in the DeLisle community at 7486 Lobouy Road, which is part of a larger property commonly known as “the Hill.” The Hill is comprised of two houses and a mobile home. While Lee was relaxing, someone knocked on his window, but he remained inside. Twenty to thirty minutes later, Lee wen

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STATE OF OHIO v. JERRY V. RAMEY, JR.

This case arises from the March 21, 2016, death of Earl Davis, Jr. Davis
was in his home located on Strand Avenue in Dayton when he was strangled to death by
Ramey. Ramey was indicted on one count of murder (proximate cause aggravated
burglary) in violation of R.C. 2903.02(B), one count of murder (proximate cause felonious
assault) in violation of R.C. 2903.02(B), one count o

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Dylan Andrew Quick v. The State of Texas

Appellant was a student at Lone Star College. On the date of the offenses, appellant’s mother dropped him off at the campus before his scheduled class. Appellant brought with him an Exacto knife1 and other sharp implements. Instead of attending his scheduled class, appellant walked around campus. According to appellant’s counsel, appellant walked to try to quell his compulsive thoughts about h

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Scott Lafette Simpson v. The State of Texas

Joshua Ward was standing with his bicycle on a rural Abilene road when a blue Jeep pulling a trailer drove up and stopped. Ward assumed the driver needed directions and walked toward the Jeep. As he approached, the driver, later identified as Appellant, started screaming at Ward, “You caused this s--t, mother f----r,” pulled a gun, pointed it at Ward, and then drove off. Ward’s wife drove up, a

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Luis Castruita v. The State of Texas

This case arises from an early morning shooting that took the life of Efren Gonzalez. On
March 22, 2014, Efren and two of his friends, Matthew Scarbrough and Ernesto Sapien, were at a
bar celebrating another friend’s birthday. They left the bar when it closed, and proceeded to walk
home. As they crossed a street, they saw an on-coming silver mini-van. By Matthew’s account,

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Kerry Gittens v. The State of Texas

On November 15, 2014, at approximately 8:30 p.m., David O’Neal, his brother Antwan
Jones, their cousin Denzel Ross, and Antwan’s three-year-old daughter were at their aunt’s house,
Lula McFadden. Lula’s son, Odell McFadden was also at the house. Antwan, Denzel, Odell, Lula,
and Antwan’s daughter were in the living room watching television and freestyling, or rapping,
when the

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