Quo Warranto Law
 
STATE OF OHIO - vs – DAWN RACHEL SHEARER

On the evening of February 6, 2017, Shearer was arrested for the murder of
Butler Tony and transported to the Butler County Jail. Once there, Shearer confessed to
detectives to shooting Tony in the head. Two days later, on February 8, 2017, Shearer
appeared at her arraignment and entered a plea of not guilty. Thereafter, on March 3, 2017,
a preliminary hearing was held befo... More...
   $0 (05-04-2018 - OH)

James Michael Hand, et al. v. Rick Scott Northern District of Florida Federal Courthouse - Tallahassee, Florida

Appellants Rick Scott, in his official capacity as Governor of the State of Florida, and the other three members of Florida’s Executive Clemency Board (Pam Bondi, Adam H. Putnam, and Jimmy Patronis) (collectively, the “State Executive
Case: 18-11388 Date Filed: 04/25/2018 Page: 1 of 36
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Clemency Board”) have appealed from the district court’s orders entered in favor of appellees James... More...
   $0 (05-01-2018 - FL)

SOPHAL PHON V. COMMONWEALTH OF KENTUCKY

Phon, a member of a gang, entered the home of Khatnphao
Phromratsamy and Manyavanh Boonprasert in August 1996. At the direction
of the gang leader, Phon killed Khamphao and Manyavanl;l, execution style. He
also shot their twelve-year-old daughter in the head but she miraculously
survived. Phon claimed that the then twenty-six-year-old leader of the gang
had instructed him ... More...
   $0 (04-26-2018 - KY)

STATE OF KANSAS v. TIMOTHY P. YOUNG

Young was charged with possession of more than 25 grams but less than 450 grams of marijuana with the intent to distribute (a severity level 3 drug nonperson felony); possession of marijuana; no drug tax stamp; possession of drug paraphernalia; driving while his license was canceled, suspended, or revoked; and driving while a habitual violator. Young pled no contest to possession of less than 25 g... More...   $0 (04-18-2018 - KS)

STATE OF OHIO vs. SAVONTE D. HUFFMAN

Appellant Savonte D. Huffman appeals from the sentence imposed in
Cuyahoga C.P. No. CR-16-605264-A. Upon review, we vacate the sentence and remand
the case to the trial court to resentence appellant under the plea agreement or to allow
appellant to withdraw his guilty plea.
{¶2} Appellant was charged under a nine-count indictment in Cuyahoga C.P. No.
CR-16-605264-A, an ag... More...
   $0 (04-07-2018 - OH)

STATE OF KANSAS v. JERONE H. BROWN

Brown was convicted of two murders, both carried out by multiple defendants. The murder of Shawn Rhone took place in early January 2013. Convicted of this murder were brothers Jerone, Shawn, and Milo Brown, as well as their cousin Myron Peters.

The murder of Adji Tampone occurred sometime around December 31, 2012. Jerone and Shawn Brown were convicted of this murder. The present appeal... More...
   $0 (03-27-2018 - KS)

STATE OF KANSAS v.EUSEBIO CASTILLO-CALLES

Castillo-Calles was convicted by a jury of aggravated indecent liberties with a child. The victim, I.W., was 12 years old at the time of the events leading to the charge. I.W. was friends with C.P., who lived with Castillo-Calles (her stepfather) and her mother.

On March 24, 2013, I.W. spent the night at C.P.'s house. That afternoon, C.P., I.W., and Castillo-Calles played hide and seek.... More...
   $0 (03-18-2018 - KS)

Save Lafayette v. City of Lafayette

Appellants Save Lafayette and Michael Griffiths appeal the trial court’s denial of
their petition for a peremptory writ of mandate requiring respondent City of Lafayette
(the City) to submit appellants’ referendum to a public vote. The City amended its
general plan to allow for a residential development in an area formerly designated as
administrative and office space. After the ti... More...
   $0 (02-22-2018 - CA)

State of Washington v. Oscar Raul Lopez Washington Supreme Court Building

The trial court found that Oscar Lopez's lawyer
was "fairly obvious[ly]" "severely handicapped" by depression during the pretrial
and trial phases of Lopez's case.' That finding was supported by the trial court's
own observations of defense counsel's performance—and sometimes failure to show
up—at trial. That finding was also supported by declarations and testimony
presented at... More...
   $0 (02-19-2018 - WA)

Adaline Rose Werthwein v. Craig Edward Workman Harris County Courthouse - Houston, Texas

This is a dispute over the name change of a minor. The minor’s mother, Adaline Werthwein, contends that the trial court abused its discretion by granting the request of the father, Craig Workman, to change the last name of their two-year-old son (pseudonymously referred to as “Michael”) from Werthwein to
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Workman without legally or factually sufficient evidence that the name change was in... More...
   $0 (02-15-2018 - TX)

Judith Pinborough Zimmerman, Ph.D. v. University of Utah and Dr. William McMahon Utah Supreme Court of Utah - Salt Lake City, Utah

¶1 This case comes to us on certification from the United States District Court for the District of Utah. UTAH R. APP. P. 41. The certified questions are as follows:
1. Is the Free Speech Clause of the Utah Constitution self-executing? 2. If question 1 is answered in the affirmative, what are the elements of a claim brought under the clause? 3. Does an employee who receives notice that his or ... More...
   $0 (02-05-2018 - UT)

Visalia Retail, LP v. City of Visalia

This appeal involves a challenge to an update of the City of Visalia’s (Visalia)
general plan. Included in the update is a land use policy affecting areas designated
“Neighborhood Commercial.” Under the policy, no tenant in a Neighborhood
Commercial area may be larger than 40,000 square feet in size.
2.
Appellant claims Visalia violated the California Environmental Quality Act ... More...
   $0 (02-05-2018 - CA)

United States of America v. Ricky Olson Western District of Wisconsin Federal Courthouse - Madison, Wisconsin

We do not know whether Ricky Olson entered a voluntary and intelligent guilty plea on September 9, 2016, because the district court never asked the right questions. Several weeks earlier, the court had granted Olson’s motion to withdraw his guilty plea and to proceed to trial. But matters did not rest there. Instead, on September 9 the district court brought the motion to withdraw the guilty
2... More...
   $0 (01-27-2018 - WI)

United States of America, ex rel. Steve Greenfield v. Medco Health Solutions, Inc., et al. District of New Jersey Federal Courthouses

Accredo Health Group, Inc., a specialty pharmacy that provides home care for patients with hemophilia (a rare condition that prevents blood from clotting properly), made donations to charities, two of which allegedly recommended Accredo as an approved provider for hemophilia patients. This raises whether the donations came with something expected in return for the recommendations, which might trig... More...   $0 (01-23-2018 - NJ)

Andre J. Champagne v. The State of Texas Fourth Court of Appeals San Antonio, Texas

On November 26, 2014 San Antonio Police Department (SAPD) Officer Senovio Elizondo
responded to a call regarding a two-vehicle collision. Upon arriving at the scene of the collision,
Officer Elizondo learned one of the vehicles involved in the collision fled the scene. While
searching for the fleeing vehicle, Officer Elizondo saw an oil trail on the roadway. Officer
Elizondo fo... More...
   $0 (01-20-2018 - )

STATE OF KANSAS v. DAVID CANTRELL SR. Rape and aggravated indecent liberties with a child

The relevant facts are straightforward and uncontested. The State charged Cantrell with four counts of off-grid rape and one count of aggravated indecent liberties with a child, a severity level 3 person felony, in 16CR2758. The State also charged Cantrell with
2

one count of off-grid aggravated indecent liberties with a child in 16CR2826. For purposes of this appeal, we do not nee... More...
   $0 (01-20-2018 - KS)

McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...
   $0 (01-19-2018 - CA)

STATE OF TENNESSEE v. MATTHEW GLEN HOWELL COURT OF CRIMINAL APPEALS OF TENNESSEE

In April 2015, the Davidson County Grand Jury charged the defendant with one count each of resisting arrest and aggravated assault by causing the victim, Liela Avila, to fear bodily injury by use or display of a deadly weapon. The trial court conducted a jury trial in February 2016.
The State’s proof at trial showed that the victim moved to Nashville in early September of 2014 to pursue a car... More...
   $0 (01-13-2018 - TN)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

T.H., a Minor, etc. v. Novartis Pharmaceuticals Corporation California Supreme Court Building - Sacamento, California

Under California law, a brand-name drug manufacturer has a duty to warn
of known or reasonably knowable adverse effects arising from an individual’s use
of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65.) In this
case, we examine whether — and if so, under what circumstances — a brandname
drug manufacturer may be sued under a theory of “warning label” liability... More...
   $0 (12-25-2017 - CA)

State of Hawaii v. Donald J. Trump Ninth Circuit Court of Appeals Courthouse - San Francisco, California

For the third time, we are called upon to assess the legality of the President’s efforts to bar over 150 million nationals of six designated countries1 from entering the United States or being issued immigrant visas that they would ordinarily be qualified to receive. To do so, we must consider the statutory and constitutional limits of the President’s power to curtail entry of foreign nationals in... More...   $0 (12-22-2017 - HI)

Mark French v. Blair Jones Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Montanans select their judges through nonpartisan
popular elections. In an effort to keep those elections
nonpartisan, Montana has restricted judicial-campaign
speech. One of those restrictions is before us—a rule that
prohibits candidates from seeking, accepting, or using
political endorsements in their campaigns. Mark French, a
judicial candidate who wishes to seek and us... More...
   $0 (12-09-2017 - MT)

STATE OF KANSAS v. MIGUEL ANGEL GONZALEZ Aggravated Criminal Sodomy; w/child less than 14 offgreater than =18

Miguel Angel Gonzalez was convicted by a jury of aggravated criminal sodomy of a child under 14 years of age, an off-grid felony. The crime involved him molesting the daughter of his girlfriend.

Under Jessica's Law, Gonzalez faced a presumptive sentence of life imprisonment with no possibility of parole for 25 years. See K.S.A. 2016 Supp. 21-5504(b); K.S.A. 2016 Supp. 21-6627. Gonzal... More...
   $0 (12-08-2017 - KS)

ITV Gurney Holding, Inc. v. Scott Gurney

Plaintiffs and appellants ITV Gurney Holding Inc. (ITV)
and Gurney Productions, LLC (the Company) challenge the
trial court’s grant of a preliminary injunction in favor of
defendants and respondents Scott Gurney and Deirdre Gurney
(the Gurneys), and Little Win, LLC. The Gurneys are the
minority owners of the Company and formerly served as its
chief executive officers (CEO’s... More...
   $0 (12-05-2017 - CA)

Domenico Taglieri v. Michelle Monasky Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Our decision in this case is controlled by the 1980 Hague
Convention on the Civil Aspects of International Child Abduction (“Convention” or “Hague
Convention”), which dictates that a wrongfully removed child must be returned to the country of
habitual residence. Our precedent has demonstrated that where a child lives exclusively in one
country, that country is presumed to be the ch... More...
   $0 (11-30-2017 - OH)

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