Quo Warranto Law
 
Scenic America, Inc. v. United States Department of Transportation, et al.

In 1965, Congress enacted the Highway Beautification Act to control “the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the Interstate System . . . in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty.” 23 U.S.C. § 131(a). The HBA penalizes those... More...   $0 (09-07-2016 - DC)

COMMONWEALTH vs. AARON HERNANDEZ

On July 16, 2012, Daniel de Abreu and
Safiro Furtado were murdered in an alleged drive-by shooting in
the South End section of Boston. During the investigation of
the crimes, Alexander Bradley stated that he witnessed the
defendant shoot at five occupants of a 2003 BMW sedan on the
date in question. He further stated that on February 13, 2013,
while he and the defen... More...
   $0 (08-21-2016 - MA)

William Hunter v. State of Indiana

On May 8, 2014, Hunter, who had been convicted of Burglary, as a Class B
felony, in 2004, attempted to pawn several shotguns and rifles that had
apparently been reported as stolen as the result of a burglary. Police arrested
Hunter, and on May 29, 2014, the State charged Hunter with Possession of a
Firearm by a Serious Violent Felon. On July 17, 2014, the State amended the More...
   $0 (07-24-2016 - IN)

Bobbie Dewayne Grubbs v. The State of Texas

Appellant was charged by indictment with capital murder and two counts of aggravated assault. He pleaded “not guilty,” and the matter proceeded to a jury trial. At trial, the evidence showed that Appellant and his wife, Deedra, attempted to kill a woman at her home and left her for dead. The woman regained consciousness and called the police. When Appellant and Deedra learned that the police w... More...   $0 (07-22-2016 - TX)

STATE OF CONNECTICUT v. EDDIE A. PEREZ

This appeal raises the question of whether the trial court’s refusal to sever two unrelated criminal cases brought against the defendant, Eddie A. Perez,previouslyjoinedfortrialforpurposesofjudicial economy, improperly compromised the defendant’s right to choose whether to testify on his own behalf in one of the cases but to remain silent in the other. The AppellateCourtconcludedthatitdid,reversed... More...   $0 (07-15-2016 - CT)

The State of Texas v. Mickey Joe Griffis

Appellee was charged with possession of methamphetamine after police executed a
warrant authorizing the search of appellee’s residence for methamphetamine and evidence
related to its use and sale. The warrant was issued and executed on September 19, 2014.
The warrant was based on the supporting affidavit of Larry Windon, a narcotics
investigator with the Grayson County Sheri... More...
   $0 (07-02-2016 - TX)

United States Telecom Assoc. v. FCC

For the third time in seven years, we confront an effort by the Federal Communications Commission to compel internet openness— commonly known as net neutrality—the principle that broadband providers must treat all internet traffic the same
8 regardless of source. In our first decision, Comcast Corp. v. FCC, 600 F.3d 642 (D.C. Cir. 2010), we held that the Commission had failed to cite any s... More...
   $0 (06-14-2016 - DC)

Ronnie Gordon v. Tractor Supply Company

On May 14, 2009, two men purchased almost $9,000 of merchandise from a Tractor Supply Company (“Defendant”) store in Lenoir City, Tennessee by passing a forged check. The next day, Jim Sewell, the District Manager, and other employees who were present were informed that the check had been dishonored by the bank because the name on the check and the account number for the bank did not match.
... More...
   $0 (06-13-2016 - TN)

STATE OF KANSAS v. MICHAEL J. LIMBURG

During a 4-day jury trial, the State presented extensive evidence showing that Limburg searched for, downloaded, and made available for sharing several child pornography videos. More specifically, the evidence showed that detectives from Lawrence, Kansas, were being trained in Denver, Colorado, on the use of a peer-to-peer sharing network called ARES, known to be used to unlawfully share child por... More...   $0 (06-12-2016 - KS)

Thomas Hearrean v. The State of Texas

A taxi driver, Brian Pilgrim, picked up Appellant from a bar in Grapevine and took him
to a marina in Flower Mound where he had left his vehicle. Appellant explained that he had
been out with friends and did not have a ride back to his vehicle. He also told Pilgrim that he
would get money from his vehicle to pay for the ride. When they arrived at the marina located
inside of... More...
   $0 (05-30-2016 - TX)

STATE OF IOWA vs. TOBY RYAN RICHARDS

On February 2, 2013, Poell was visiting Richards at his mother’s house in Davenport, where Richards lived. Both Poell and Richards were napping, Poell in bed and Richards on a couch in the same room. Beyond those facts, however, accounts of the day’s events diverge significantly.
3
A. Poell’s Testimony. According to Poell, she awoke to discover a message on her cell phone from anoth... More...
   $0 (05-09-2016 - IA)

JERRY JAMGOTCHIAN V. KENTUCKY HORSE RACING COMMISSION, ET AL

On May 21, 2011, Appellant Jerry Jamgotchian claimed Rochitta, a bay
filly, for $42,400 in a claiming race at Churchill Downs in Louisville, Kentucky.
Foaled February 26, 2008 in Pennsylvania, Rochitta was first purchased at the
2009 Keeneland Yearling Sales in Lexington, Kentucky for $160,000 by Rabbah
Bloodstock. Prior to her debut at Churchill Downs, Rochitta had run
pr... More...
   $0 (05-06-2016 - KY)

UNITED STATES OF AMERICA v. DANIEL J. HALLORAN

Defendant‐appellant Daniel J. Halloran appeals from a judgment of
conviction entered in the United States District Court for the Southern District of
New York (Kenneth M. Karas, Judge) on two counts of wire fraud, 18 U.S.C.
§§ 1343, 1346; two counts of violating the Travel Act, 18 U.S.C. § 1952; and one
count of conspiracy to commit both substantive offenses, 18 U.S.C. § 371.... More...
   $0 (05-02-2016 - NY)

Ryan Andrew Peucker v. The State of Texas

At approximately noon on April 22, 2014, Officers Robert Duddington and Chad Carter of
the Cleburne Police Department (CPD) were dispatched to Hill College to investigate a possible
attempted theft of copper wire from one of the four industrial-sized air conditioning units located
on the campus.4 When officers arrived at the initial scene, they were assisted by at least one
wi... More...
   $0 (05-01-2016 - TX)

STEPHEN MICHAEL SCHICKE v. STATE OF KANSAS

Stephen Michael Schicke sought habeas corpus relief under K.S.A. 60-1507 from the district court, claiming that because his lawyer failed to communicate with him, a favorable plea offer from the county attorney expired. Schicke claimed this failure to communicate denied him the opportunity to accept the offer. The district court denied Schicke's motion. Because the record reveals that Schicke and... More...   $0 (04-19-2016 - KS)

Johnnie Lee Wilson v. The State of Texas

At trial, Carlton Rice and Jennifer Venzor testified that they were awakened by
the sounds of their front door being kicked in and their burglar alarm going off, and that shortly
thereafter they were confronted by three black males, one of whom repeatedly hit Rice in the head
with a hand gun. Venzor testified that the assailants asked her and Rice “where the money was
hidden,” beg... More...
   $0 (04-13-2016 - TX)

City of Rio Grande City, Texas, and Joel Villarreal, Herman R. Garza III, Arcadio J. Salinas III, Rey Ramirez, and Dave Jones in their Official Capacities v. BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Rio Grande Valley

Appellants argue that when the trial court granted the temporary injunction, it necessarily
denied the plea to the jurisdiction; but the record and the applicable law do not support Appellants’
argument.
1. Temporary Injunction Hearing At the February 19, 2016 hearing on the temporary injunction, the trial court noted
Appellants did not timely serve notice of a plea to the ju... More...
   $0 (04-04-2016 - TX)

In Re: Trump Entertainment Resorts

The facts giving rise to this appeal are undisputed. The Debtors own and operate the Trump Taj Mahal casino in Atlantic City, New Jersey. The casino employs 2,953 employees, 1,467 of whom are unionized. UNITE HERE Local 54 is the largest of the employee unions, representing 1,136 employees. The most recent CBA between the Union and Taj Mahal was negotiated in 2011 for a three-year term. It co... More...   $0 (04-03-2016 - DE)

Price v. Philip Morris, Inc.

In February 2000, plaintiffs filed a class action lawsuit in the circuit court of Madison County against the defendant, Philip Morris, Inc. The suit alleged that defendant’s use of the terms “lights” and “lowered tar and nicotine” on the packaging and in the marketing of its Marlboro Lights and Cambridge Lights cigarettes (Lights) violated the Consumer Fraud and Deceptive Business Practices Act (C... More...   $0 (03-27-2016 - IL)

STATE OF KANSAS v. CURTIS IRIS GRICE

A jury convicted Grice of theft, in violation of K.S.A. 2012 Supp. 21-5801(a)(1), (b)(6), for stealing a bottle of Tanqueray Gin from Brewski's Liquor on April 28, 2013. The liquor was valued at $25.91. Although a first-time theft of the liquor would have been a misdemeanor, the State charged Grice with a severity level 9 nonperson felony
because he had committed two or more prior theft convi... More...
   $0 (03-25-2016 - KS)

Montana Cannabis et al. v. State Of Montana

This is the State’s second appeal from the First Judicial District Court’s
injunctions preventing implementation of certain provisions of the Act. Montana
Cannabis Industry Association v. State, 2012 MT 201, 366 Mont. 224, 286 P.3d 1161
(hereafter MCIA I). The Act repealed the 2004 Medical Marijuana Act (2004 Act)—
which was established by voter initiative (I-148)—and replaced... More...
   $0 (03-21-2016 - MT)

STATE OF CONNECTICUT v. RICHARD BRUNDAGE

Both issues in this certified appeal centerontheclaimofthedefendant,RichardBrundage, that thestate is precludedfrom filing asubstitute information bringing new charges against him following his partially successful appeal challenging his convictions onchargesthatweredeterminedtobetimebarred.The defendant appeals from the judgment of the Appellate Court, which concluded that the trial court imprope... More...   $0 (03-16-2016 - CT)

DIANA K. HILBURN v. ENERPIPE, LTD

While Diana K. Hilburn rode home with her husband, a truck owned and operated by Enerpipe, Ltd. (Enerpipe) rear-ended their car. The collision negatively impacted Hilburn's recovery from a recent back surgery, resulting in a second surgery and chronic pain. After a trial, a jury returned a verdict in the amount of $335,000 in total damages for Hilburn, most of which compensated for her noneconomic... More...   $0 (03-13-2016 - KS)

Indiana High School Athletic Association, Inc., and Hammond Gavit High School v. Nasir Cade, et al.

Both Hammond and Griffith are voluntary members of the IHSAA. On
Saturday, February 7, 2015, the Hammond varsity boys’ basketball team played
the Griffith team at Griffith. A Hammond player fouled a Griffith player
during the game, which caused the Griffith player to slam into the padded wall
behind the basket and fall onto the floor.2 Thereafter, members of both teams
... More...
   $0 (03-11-2016 - IN)

Mark Aaron Mahlow v. The State of Texas

While on patrol in downtown Houston in the early morning hours of
November 24, 2013, Officer James Kneipp observed appellant driving next to
another vehicle, “drag racing down Fannin.”2 Officer Kneipp testified that he
worked in downtown Houston and that the speed limit there is thirty miles per
hour. He further testified that appellant was driving at a very high rate of spee... More...
   $0 (03-08-2016 - TX)

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AK Morlan
Kent Morlan, Esq.
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