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

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 aggra

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 o

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

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 O

On September 19, 2012, Charles Korzan and his brother, Michael
Korzan, (Korzans) were moving hay bales from Charles’s property in Jones County
to his property in Brule County to feed livestock. The weather and crop conditions
were dangerously dry. To transport the hay bales, Michael drove a 1998
International 9400 series semi-truck, hauling a 48-foot trailer. Charles drove

On September 19, 2012, Charles Korzan and his brother, Michael
Korzan, (Korzans) were moving hay bales from Charles’s property in Jones County
to his property in Brule County to feed livestock. The weather and crop conditions
were dangerously dry. To transport the hay bales, Michael drove a 1998
International 9400 series semi-truck, hauling a 48-foot trailer. Charles drove

Patrick Dean Palmer was convicted by a jury of possession of methamphetamine with intent to distribute, felony possession of drug paraphernalia, failure to affix a drug tax stamp, and misdemeanor possession of drug paraphernalia. In this appeal, Palmer claims the district court erroneously instructed the jury in several respects. He also argues the cumulative effect of the alleged instructional e

This case stems from the demolition of a home formerly located at 425 North Hays Street in Jackson, Tennessee. The home at issue was previously owned by Appellant‟s grandmother, Dorothy Lipson (“Ms. Lipson”). While Ms. Lipson owned the home, its condition deteriorated, and proceedings were initiated in the Environmental Court of the City of Jackson to address the state of the property.

At issue is whether there was reasonable suspicion to stop and frisk the defendant, who did not match the
particularized aspects of the descriptions provided by eyewitnesses who called 911 to report that there had been a
shoot-out on a residential street. The defendant was, however, among the trees in a closed public park well after dark, close to the scene of the crime within minutes

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 (199

THIS MATTER comes before the Court on the Motion to Suppress, filed August 7, 2014 (Doc. 675)("Motion"). The Court held evidentiary hearings on the Motion on January 22, 2015, January 28, 2015, and January 30, 2015. The primary issues are: (i) whether the United States Drug Enforcement Agency's investigation of the Homero Varela Drug-Trafficking Organization ("Varela DTO") gave Luis Almonte and Ma

This case involves the application of Illinois’ residential burglary statute to a defendant
who was convicted of burglarizing his girlfriend’s apartment which he claims was his residence
too. Larry raises three issues: (1) he could not enter "the dwelling place of another" as he actually
resided with Harris and therefore the State failed to prove an essential element of the crim

[¶1] The Estate of Eric E. Benson appeals from a summary judgment
entered by the Superior Court (Cumberland County, Warren, J.) in favor of
Metropolitan Property and Casualty Insurance Company on Metropolitan’s
complaint seeking a declaratory judgment. On appeal, the Estate contends that the
Superior Court erred in concluding that an intentional loss exclusion in a
homeowner

{¶ 1} This is an appeal as of right from a judgment affirming an
aggravated-murder conviction and death sentence. A Mahoning County jury
convicted appellant, Bennie Adams, of aggravated murder in connection with the
rape and murder of Gina Tenney and unanimously recommended a sentence of
death. The trial court accepted the recommendation and sentenced Adams
accordingly. The Se

Jason Dean was found guilty of all charged offenses and was sentenced to death for the aggravated murder of Titus Arnold and the attempted murder of six other people. On direct appeal, we reversed Dean's convictions, vacated the death sentence, and remanded the case for a new trial. See State v. Dean, 127 Ohio St.3d 140, 2010-Ohio-5070, 937 N.E.2d 97. In this direct appeal of Dean's convictions u

In these consolidated appeals, the Court considers whether the jury instructions were erroneous and, if so, whether that error requires a new trial. These consolidated appeals arise from an incident in which three armed men forced their way into the apartment in which Christopher Jones resided with his nieces, Tiara Parker and Lakesha Bella, and his nieces' friends, Shontae Lewis and Latanya Carte

Throughout 2012 and in early 2013, several businesses in the Sedalia area were broken
into and burglarized. Based on DNA and shoeprint evidence, the State arrested James Smith on
March 20, 2013, and charged him with eleven crimes arising out of six separate incidents. In
Count 1, Smith was charged with first-degree burglary for the break-in of a camper trailer stored
on the p

Based on the State of Florida's ("the State") motion for rehearing/rehearing en banc, we grant rehearing en banc, withdraw this Court's opinion issued on May 28, 2014, and issue the following en banc opinion affirming John J. Connolly, Jr.'s ("the defendant") conviction for second degree murder with a firearm in its stead. As the State correctly noted in its opening statement at the en banc oral a

The panel has voted to deny the petition for panel
rehearing. Judges Smith and Watford voted to deny the
petition for rehearing en banc, and Judge Wallace so
recommends. The full court has been advised of the petition
for rehearing en banc, and no judge of the court has requested
a vote on en banc rehearing. See Fed. R. App. P. 35(f). The
petition for panel rehearing and th

Marshall Dean Smith has appealed the summary judgment entered by the Escambia Circuit Court ("the trial court") in favor of the City of Atmore ("the City") in Smith's lawsuit alleging claims of negligent design and construction of the City's water-drainage system, negligent maintenance of the City's water-drainage system, continuing trespass, and nuisance. Although I concur to affirm the summary j

Pending before the Court is a Renewed Application for a search and seizure warrant
pursuant to Rule 41 of the Federal Rules of Criminal Procedure and 18 U.S.C. § 2703(a), (b) and
(c) to disclose certain records and contents of electronic communications relating to an Apple email address.1 See Affidavit in Support of an Application for a Search Warrant [#5-1] (sealed) at 1 (hereinafter A

The State of Wyoming issued a gentleman by the name of D.K. Jones a patent for the property involved in this case in 1955. A couple of decades passed before he and his wife (who was on the title by that time) entered into a mining lease which covered their property and some neighboring lands with Wyo-Ben on November 1, 1970. This conveyance is known as the Jones-Manning lease. [¶4] The lease a

On October 23, 2009, Sonny Jim and Fernando Begay were on Wayne14
Johnson’s property in San Rafael, New Mexico. They were putting away tools after15
taking down a barbed-wire fence when they were confronted by Defendant, who was16
a tenant on Johnson’s property. Defendant began shouting at Jim, and then got back17
in his truck and drove toward his trailer. When he returned sho

On July 28, 2014, the Madison County Grand Jury indicted Powell for theft of property valued at more than $500 but less than $1000, driving on a cancelled, suspended or revoked license, and driving on a cancelled, suspended or revoked license, third offense. On October 21, 2014, the date of his trial, Powell asked the court to accept a plea agreement wherein he would enter a guilty plea to the ch