Trespass Law
 
United States v. Bert

On January 19, 2012, Bert was arrested in the hallway outside his 4
girlfriend’s apartment at 55 Holland Avenue, a Staten Island building 5
participating in New York City’s Field Trespass Affidavit Program. Earlier that 6
evening, Officer John Fahim and Officer Besim Pelinku received a radio report 7
that five African‐American males were trespassing at 55 Holland Avenue. 

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ALFORD et al v. USA

The plaintiffs in Alford, et al. (“plaintiffs”) are all Mississippi residents, who own real and personal property in the Eagle Lake Community, which is located in Warrant County, Mississippi, in the Lower Mississippi River Valley. Sec. Am. Compl. ¶¶ 10 – 48, ECF No. 35 (“Compl.”). This valley “is a relatively flat plain of about 35,000 square miles bordering the river, which would be inundated d

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STATE OF NEW JERSEY v. JUAN CLAUDIO

In October 2013, a jury convicted defendant Juan Claudio of two counts of third-degree burglary, N.J.S.A. 2C:18-2, (counts
one and two), and one count of third-degree theft by unlawful taking, N.J.S.A. 2C:20-3(a), (count three). On October 11,
he was sentenced1 on count one to a ten-year term of imprisonment, with a five-year period of parole ineligibility.
On count two he was sen

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Hoffer Properties, LLC v. State of Wisconsin

This is a review of an unpublished decision of the court of appeals affirming a grant
of partial summary judgment to the Department of Transportation
(DOT).1 Pursuant to Wis. Stat. § 84.25 (2007-08),2 DOT eliminated
Hoffer Properties, LLC's (Hoffer's) direct driveway connections
to State Trunk Highway 19 (STH 19), a controlled-access highway.
DOT also separately exercised

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State of Louisiana v. Anthony Dewayne WilliamsLA

The record shows that in May 2013, the defendant was arrested and
charged with aggravated battery. Several witnesses testified at defendant’s
trial and provided the following testimony:
Brett Thompson, a deputy with the Ouachita Parish Sheriff’s Office,
testified that on May 6, 2013, at 11:39 p.m., he was dispatched to the
intersection of Highway 594 and Highway 80, the locat

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The People of the State of Colorado v. Douglas Thames

In June 1994, Jacie Taylor was sexually assaulted and murdered in her apartment
on Inness Court in Palisade, Colorado. Although Robert Dewey was convicted for
Taylor’s murder in 1996, he consistently professed his innocence and applied for
assistance from the Colorado Justice Review Project (“JRP”).1 In 2011, during the course
of the JRP’s investigation of Dewey’s case, it id

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INTERSTATE EXPLORATIONS v. MORGEN FARM AND RANCH, INC

Morgen leased oil and gas rights on a portion of its property to Montana Oil
Properties, Inc. Morgen owns the surface rights to the property. Montana Oil Properties
later assigned its interest in the lease to Interstate, who drilled and completed a well on
the Morgen property.
¶4 In July 2014, Interstate initiated this lawsuit, alleging that Morgen “has refused to
exec

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United States v. Allen

The facts are not in dispute.  On July 25 or 26, 2012, the Springfield,
Vermont Police Department received a written complaint that on July 23, John
Johnston had been assaulted by a man known to him only as “D.J.”  A
Springfield police officer interviewed Johnston on July 26, and based on that
interview, and the officer’s prior experience, he concluded that “D.J.” was in fact
A

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Willie Moore v. State of Indiana

Officer Christopher Helmer (“Officer Helmer”), a patrolman with the
Speedway Police Department, worked as a “courtesy officer” for Coppertree
when he was not working as a patrolman with the police department. (Tr. 4).
As a courtesy officer, he was responsible for Coppertree’s security and
responding to service calls. On July 12, 2014, Officer Helmer was at
Coppertree wh

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State Of Nebraska v. McSwine

McSwine was charged with terroristic threats, kidnapping, first degree sexual assault, and use of a deadly weapon to commit a felony. The charges arise from October 2012 allegations that McSwine abducted C.S. at knifepoint and drove her around rural Lancaster County, in an area near Waverly, Nebraska, periodically stopping to sexually assault her. McSwine and C.S. originally met because McSwine wo

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Authors Guild Inc., et al. v. Google, Inc.

The United States of America, by and through counsel, submits this statement of its views
concerning the proposed class action settlement (the “Proposed Settlement” or “Agreement”)
between the American Association of Publishers, et al. (the “Class Plaintiffs”) and Google Inc.
(“Google”).
The United States has been informed by the parties that they are continuing to consider
pos

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Salvador Esquivel-Castillo v. The People of the State of Colorado

Esquivel-Castillo petitioned for review of the judgment of the court of appeals
affirming his conviction of felony murder. People v. Esquivel-Castillo, No. 09CA1505
(Colo. App. Aug. 29, 2013) (not published pursuant to C.A.R. 35(f)). A jury acquitted
him of a separate count of kidnapping, charged according to the “seized and carried”
alternative way of committing that crime,

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Mocek v. City of Albuquerque

Mocek has a practice of refusing to show his photo identification at airport
security checkpoints. Prior to 2008, he was able to clear checkpoints by
complying with alternative TSA identification procedures. In 2008, the TSA
established a policy that those who “simply refuse[d] to provide any identification
or assist transportation security officers in ascertaining their identity

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Coniglio v. Chesapeake Exploration, L.L.C.

On March 30, 2012, thirty-three plaintiffs filed a complaint against
Appellees in Koonce v. Chesapeake Exploration, Columbiana County Common Pleas
Court Case No. 2012 CV 136. Sixteen plaintiffs were later added. On March 22,
2012, seventy-five plaintiffs filed a complaint against Appellees in Coniglio v.
Chesapeake, Carroll County Common Pleas Court Case No. 2012 CVH 27102.

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State of Tennessee v. Michael Lebron Branham

Regika Tillery testified that she lived in the Emma Wheeler Homes housing development in Chattanooga. Ms. Tillery testified that on the evening of March 10, 2011, she was watching a basketball game with her boyfriend, Reginald Hubbard, and three friends. Ms. Tillery admitted that Mr. Hubbard and her friends were smoking marijuana that evening but denied that she had been because she was nine mon

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The People of the State of Colorado v. Levent Ray Kutlak

Westminster police arrested Levent Ray Kutlak after he had a physical
altercation with members of his wife’s family. Detective Russ Johnson interviewed
Kutlak at the police station. After he was read his Miranda rights, Kutlak stated that he
had a personal lawyer and asked, “[C]an we get him down here now, or . . . ?”
Detective Johnson responded that “it may be difficult” to

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State of Tennessee v. Michael Lebron Branham

Regika Tillery testified that she lived in the Emma Wheeler Homes housing development in Chattanooga. Ms. Tillery testified that on the evening of March 10, 2011, she was watching a basketball game with her boyfriend, Reginald Hubbard, and three friends. Ms. Tillery admitted that Mr. Hubbard and her friends were smoking marijuana that evening but denied that she had been because she was nine mon

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John Henry Knospler, Jr. v. The State of Wyoming

On the night of October 3, 2013, Appellant and the victim, James Baldwin, separately visited Racks Gentlemen’s Club in Casper. Around 10:30 p.m., Appellant was asked to leave after he was observed with marijuana inside the bar. Appellant left and sat in his vehiclein the parking lot. Shortly before midnight, bar employees found the victim asleep at a bar table and asked him to leave. The emplo

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State Of Tennessee vs. Calvin Eugene Head

The defendant, Calvin Eugene Head, appeals from his Montgomery
County Circuit Court conviction and from the resulting sentence by the trial court.
A jury convicted the defendant of the Class C felony of possession of cocaine with
intent to sell, and after a sentencing hearing, the trial court imposed a Range I
sentence of five years confinement in the Tennessee Department of Correc

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John Henry Knospler, Jr. The State of Wyoming

On the night of October 3, 2013, Appellant and the victim, James Baldwin, separately visited Racks Gentlemen’s Club in Casper. Around 10:30 p.m., Appellant was asked to leave after he was observed with marijuana inside the bar. Appellant left and sat in his vehiclein the parking lot. Shortly before midnight, bar employees found the victim asleep at a bar table and asked him to leave. The emplo

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Chacey v. Garvey

In 1995, Valerie Garvey (“Garvey”) purchased approximately 50 acres of property from
Allan and Susan Chacey (the “Chaceys”). The property was located at 11190 Red Oak Lane, in
Markham, Virginia, and the Chaceys retained ownership of adjacent property. The Chaceys also
enjoyed an easement over Garvey’s property as a means for ingress and egress to their property.
A road over

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State of Tennessee v. Terrence Justin Feaster

In the early morning hours of May 27, 2010, Molly Kate McWhirter (the “victim”) was seriously injured during an altercation with Terrence Justin Feaster (the “Defendant”) at her Knoxville residence. Several weeks later, the Defendant was apprehended in South Carolina. Thereafter, he was extradited to Tennessee and indicted on one count of attempted first degree murder, one count of aggravated as

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State Of Vermont v. Kent Richland, Jr.

Defendant Kent Richland appeals his conviction for enabling the consumption of alcohol by a minor in violation of 7 V.S.A. § 658(a)(2), following a jury trial in Chittenden Superior Court, and the probation conditions imposed by the court at sentencing. We reverse the trial court’s holding with respect to the knowledge requirement of § 658(a)(2) and
remand for a new trial. Because of our d

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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 

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The State of New Hampshire v. Christopher M. Palermo

The jury could have found the following facts. In 2011, the defendant and the victim’s brother were inmates in the New Hampshire State Prison. Through her brother, the victim learned that the defendant needed assistance with a civil lawsuit he had filed against the New Hampshire Department of Corrections and the State of New Hampshire. The victim agreed to provide such assistance. Between Oct

More...   $0 (12-19-2015 - NH)

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