Plane Crash Law
 
United States v. Gilberto Valle

This is a case about the line between fantasy and criminal intent.  Although it is increasingly challenging to identify that line in the Internet age, it still exists and it must be rationally discernible in order to ensure that “a person’s inclinations and fantasies are his own and beyond the reach of the government.”  Jacobson v. United States,  503  U.S.  540,  551–52  (1992).  We  are  loathe ... More...   $0 (12-25-2015 - NY)

State Of Kansas v. Delacruz

Jose Delacruz was convicted of direct criminal contempt of court and was sentenced to 9 years' imprisonment. On appeal, Delacruz raises six issues: (1) that he was exercising his right to remain silent under the Fifth Amendment to the United States Constitution; (2) that a special prosecutor should have tried the case; (3) that his contempt was a single ongoing event rather than three separate eve... More...   $0 (12-18-2015 - KS)

People Of Illinois v. Wuckert

Defendant, Karl Wuckert, was charged with driving under the influence of intoxicating
compounds (DUI) (625 ILCS 5/11-501(a)(6) (West 2012)). He moved to suppress evidence that
was allegedly the product of an illegal arrest. The trial court granted the motion but, on
reconsideration, allowed the results of a urine test that hospital personnel administered to
defendant shortly ... More...
   $0 (12-14-2015 - IL)

Six Thousand Dollars ($6,000) v. State of Mississippi Ex Rel. Mississippi Bureau of Narcotics

On January 22, 2012, John Norman Cole was arrested after he failed to stop at a driver’s license checkpoint that was being conducted by law enforcement officers at the intersection of Highway 84 and Clem Road in Jefferson Davis County, Mississippi. After a short police pursuit, Cole crashed his Toyota Camry into the rear of a trailer approximately five miles from the checkpoint. Cole fled the acci... More...   $0 (12-12-2015 - MS)

Christina Witt v. Jeffery Johnson and Parker Plastics, Inc.

Tulsa, OK - Christina Witt sued Jeffery Johnson and Parker Plastics, Inc. on auto negligence and respondeat superior theories claiming:

1. At all times material hereto Jefferey Johnson was acting within the course and scope of his agency and/or employment with Parker Plastics, Inc., and the corporate defendant is therefore vicariously liable for the acts and omissions of the individu... More...
   $1 (12-11-2015 - OK)

Madrid v. Brinker Rest. Corp

Mary Ann Madrid (Plaintiff) appeals the grant of summary judgment in favor
4 of Brinker Restaurant Corporation and its employee Randi Russell (Defendants) on
5 the issue of causation. The district court granted summary judgment on the basis that
6 Plaintiff failed to raise an issue of material fact to rebut Defendants’ assertion that the
7 sole cause of the underlying accident was... More...
   $0 (12-11-2015 - NM)

United States of America v. Gilberto Valle

This is a case about the line between fantasy and criminal
intent. Although it is increasingly challenging to identify that line in
the Internet age, it still exists and it must be rationally discernible in
order to ensure that “a person’s inclinations and fantasies are his
own and beyond the reach of the government.” Jacobson v. United
States, 503 U.S. 540, 551–52 (1992). We a... More...
   $0 (12-04-2015 - NY)

Not Afraid v. Mumford, et al.

Not Afraid was severely injured during a single vehicle accident in the early
morning hours of August 18, 2009. The vehicle, driven by Jeremy Flatmouth, was
traveling on Zimmerman Trail in Billings, Montana. Zimmerman Trail is a steep,
winding, narrow road with Jersey-type concrete barriers along the sharp curve where the
accident occurred. Flatmouth, who was intoxicated an... More...
   $0 (12-02-2015 - MT)

State of Tennessee v. Steven J. Ballou

On February 23, 2009, Detective Chad Ownby of the Bradley County Sheriff’s Department was working for the criminal interdiction unit on Interstate 75 (“I-75”). Detective Ownby observed the defendant’s vehicle driving seventy-five miles per hour in an area where the posted speed limit was seventy miles per hour. Detective Ownby began driving behind the vehicle, and the vehicle “slammed on its bra... More...   $0 (12-01-2015 - TN)

STATE OF NEW JERSEY VS. JEAN A. SENE

Defendant Jean A. Sene was driving a taxi when a pedestrian
stepped into his lane of traffic. The pedestrian fell into the
adjoining lane of traffic and was killed when she was run over
by another vehicle. Defendant did not stop his taxi at the
scene and left without speaking to anyone. A jury convicted
defendant of leaving the scene of a fatal motor vehicle accident More...
   $0 (11-28-2015 - NJ)

Philip Glenn Guilford v. The State of Wyoming

After drinking beer at a friend’s home in Laramie on July 24, 2013, Guilford left for his mountain cabin alone sometime between 11:00 p.m. and midnight. Approximately thirty miles west of town, and around 1:00 a.m. on July 25, he rolled his Toyota Tacoma pickup onto its passenger side off the north edge of the graveled Dutton Creek Road. He had just crossed under Interstate 80, and he climbed ov... More...   $0 (11-23-2015 - WY)

The STATE of Arizona v. Christopher Mathew PAYNE

Christopher Mathew Payne was convicted of two counts of first degree murder, three counts of child abuse, and two counts of concealing a dead body, and was sentenced to death for each murder. We have jurisdiction of this automatic appeal pursuant to Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 13–4031.

I. FACTUAL AND PROCEDURAL BACKGROUND 1

¶ 2 Christo... More...
   $0 (11-22-2015 - AZ)

Jondalyn Fields, individually and on behalf of the Estate of Keith MacNiece v. City of Chicago

Chicago, IL - Mother awarded $2.75 million on wrongful death claim

Jodalyn Fields sued the City of Chicago and others for the wrongful death of her son, Kieth MacNiece, a/k/a "Tito," who was killed in a Chicago police car chase in the Humboldt Park neighborhood in 2009. The chase started by when the driver of a vehicle in which McNeice and a 13-year-old girl were passengers refused to st... More...
   $2750000 (11-21-2015 - IL)

Commonwealth of Massachusetts v. Cadet

In May, 2007, the defendant was convicted by a
Superior Court jury of murder in the first degree on the theory
of extreme atrocity or cruelty in the stabbing death of his girl
friend, Betina Francois. At trial, the defendant did not contest
that he had stabbed the victim, but argued that he had done so in
self-defense, after she became enraged and attacked him with two ... More...
   $0 (11-18-2015 - MA)

United States v. Mustafa

Defendant Mostafa Kamel Mostafa, a/k/a Abu Hamza aI-Masri, a/k/a Abu
Hamza, is charged in an eleven-count Indictment with various crimes, including a
hostage-taking conspiracy, hostage taking, conspiring to provide material support to
terrorists and termrist organizations, and providing such support, including
establishing a jihad training camp in Bly, Oregon and facilitating v... More...
   $0 (11-15-2015 - NY)

United States of America v. Keith E. Lucero

Albuquerque, NM - Taos Pueblo Man Sentenced to Prison for Federal Involuntary Manslaughter Conviction

Keith E. Lucero, 27, a member and resident of Taos Pueblo, N.M., was sentence in federal court in Santa Fe, N.M., to 37 months in federal prison followed by three years of supervised release for his conviction on involuntary manslaughter and assault resulting in serious bodily injury char... More...
   $0 (11-10-2015 - NM)

Mid-Continent Casualty Company v. Advantage Medical Electronics, LLC

Advantage is a Mobile, Alabama, based company that services and sells MRI and CT scanners, types of medicalimaging devices. In December 2011, Advantage was hired by KEI Medical Imaging Services, LLC ("KEI"), to pick up and transport a used CT scanner machine that KEI had recently purchased from a leasing company. The CT scanner was located at a doctor's office in Aiken, South Carolina. Advantag... More...   $0 (11-08-2015 - AL)

United States of America v. Katherine Albert-McNaughton

Norfolk, VA - Former Financial Assistant of Architectural Firm Sentenced for Forgery

Katherine Albert-McNaughton, 37, of Virginia Beach, was sentenced today to 30 months in prison, followed by 3 years of supervised release, for forging securities and engaging in monetary transactions in criminally derived property. She was also ordered to make restitution in the amount of $470,352.39.
... More...
   $0 (11-06-2015 - VA)

Steven Painter, Tonya Wright, Individually and as Representative of the Estate of Earl A. Wright, III, Deceased, Virginia Weaver, Individually and as Next Friend of Albert A. Carrillo, a Minor, Tabatha P. Rosello, Individually and as Representative et al v. Amerimex Drilling I, LTD.

This appeal asks us to decide if the proof necessary to place an employee within the “course and scope” of employment for the purposes of vicarious liable differs from that under the Texas Worker’s Compensation Act. The question arises in the context of an oil field employee, who after his shift had ended at a remote drilling site, was involved in a tragic automobile accident while transporting hi... More...   $0 (11-03-2015 - TX)

Steven Painter, Tonya Wright, Individually and as Representative of the Estate of Earl A. Wright, III, Deceased, Virginia Weaver, Individually and as Next Friend of Albert A. Carrillo, a Minor, Tabatha P. Rosello, Individually and as Representative, et al v. Sandridge Energy, Inc.

In this appeal we are asked to explore the limits of vicarious liability. The relatives of two deceased oil field workers, and an injured oil field worker, seek to hold the owner of a drilling lease responsible for a tragic automobile accident occurring miles away from the drilling site. The accident occurred as the workers were driving to a company owned bunkhouse following the end of their shift... More...   $0 (11-03-2015 - TX)

Brent Smith and Stephanie Smith v. Polaris Sales, Inc., Polaris Industries, Inc., Great Plans, Inc. d/b/a Great Plains Equipment Sales of Duncan

Oklahoma City, OK - Brent Smith and Stephanie Smith sued Polaris Sales, Inc., Polaris Industries, Inc., Great Plans, Inc. d/b/a Great Plains Equipment Sales of Duncan on negligence and products liability theories claiming:

1. This is an action for products liability and negligence which caused personal injuries to the plthntiffs resulting from the use and operation of a motor vehicle.
... More...
   $1 (11-02-2015 - Ok)

DEREK CROW vs. EDWIN E. SIMPSON, Individually and d/b/a SIMPSON TRUCKING AND EXCAVATING

Edwin Simpson operates a trucking and excavation business and performs various duties for the City of Albia including, among other things, digging for the sewer and water departments. On July 29, 2008, Simpson obtained a building permit to move his house from Pella to North Ninth Street in Albia. Prior to commencing work on the sewer connection, Simpson attempted to obtain the necessary permit f... More...   $0 (10-30-2015 - IA)

The People v. Paul Collins Pike

Santa Ana, CA - Speeding Driver Under Influence of Drugs Sentenced to 18 years in State Prison for Killing Woman Crossing Street

A speeding driver under the influence of drugs was sentenced today to 18 years in state prison for driving through a red light and killing a woman crossing the intersection at a shopping center. Paul Collins Pike, 33, Orange, pleaded guilty to a court offer Frid... More...
   $0 (10-28-2015 - CA)

James Lohman and Kimberly Lohman v. Emily Carter

Tulsa, OK - James Lohman and Kimberly Lohman sued Emily Carter on auto negligence theories claiming:

1. Plaintiffs are and were, at the time of the incident complained of herein, husband and wife and residents of Skiatook, Oklahoma, located within Washington County.
2. Plaintiffs were involved in a motor vehicle crash on November 2, 2012, in Glenpool, Oklahoma located in Tulsa County,... More...
   $15000 (10-28-2015 - OK)

Commerce Bank vs. West Bend Mutual Insurance Company

In February 2011, Commerce Bank was added to an insurance policy issued by
West Bend to 12345 Portland Buildings, LLC (the “owner” or “policyholder”) for the
building at 12345 Portland Avenue in Burnsville. The policy insured the property
against, among other things, property damage caused by vandalism. The policy contains
two clauses that are at the center of this dispute: ... More...
   $0 (10-28-2015 - MN)

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AK Morlan
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