Trespass Law
 
David A. McNeal vs. State of Missouri

As mentioned, Movant’s convictions stem from his theft of a drill from an apartment.
Movant acknowledged stealing the drill, but denied entering the apartment with intent to steal, as
charged in the indictment. Rather, he maintains that he did not decide to steal the drill until he
was already in the apartment and saw the drill. He thus contends his conduct was consistent with

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State of North Dakota v. Rodney Brossart

Brossart is a Nelson County landowner and farmer. On June 22, 2011, two of Brossart's adult children observed three cow-calf pairs loose on or near Brossart's property and they determined the cattle did not belong to Brossart. The cattle were secured in a fenced "missile site" Brossart leases. One of Brossart's children told him about the cattle after the cattle were secured.

[¶3] On Jun

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The State of New Hampshire v. Tyler Boyer

The State appeals an order of the Circuit Court (Rappa, J.) granting the motion of the defendant, Tyler Boyer, to suppress evidence obtained when, without a warrant, the police entered the apartment that he shared with his girlfriend and arrested him. The trial court found that the defendant had standing to object to the search despite the fact that, at the time of the search, he was present wi

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Logan Gatts v. Jan Pritner Real Estate Group, LLC, et al.

Norman, OK - Logan Gatts, John Jerman, Scott Petersen, Lance Miller, Daly Searfos, Alex Fife and Jack Cravens sued Jan Pritner Real Estate Croup, LLC, Halmark Properties Management, LLC, Anita Jan Pritner, Melissa Minnette Stevens and Elizabeth Money on fraud theories claiming:

1. Plaintiffs, Logan Gatts, John Jerman, Scott Petersen, Lance Miller, Daly Searfoss, and Alex Rife ("Tenants")

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State of Vermont v. Atlantic Richfield Company, et al.

This interlocutory appeal requires us to examine the contours of
the “stream-of-commerce” doctrine of personal jurisdiction, which was introduced by the U.S.
Supreme Court in a 1980 decision but later divided the Court with respect to its scope.
Defendant Total Petrochemicals & Refining USA, Inc. (TPRI) challenges a decision of the
superior court, civil division, denying

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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‐Ame

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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

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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 l

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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 c

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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
e

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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 

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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
Cop

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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

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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 cri

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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 identi

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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 diffi

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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 emp

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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 emp

More...   $0 (01-05-2016 - WY)

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