Trespass Law
 
George P. Conway v. County of Tuolumne

In an unsuccessful attempt to apprehend George P. Conway’s adult son, Donald Conway,1 who reportedly had fired shots at George, officers from defendant County of Tuolumne (County) fired a tear gas canister into George’s mobile home. Donald was not inside but was apprehended later. George brought suit against the County for damage to
1We refer to George and Donald Conway by their

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Deon Reese Evans v. The State of Texas

A jury found appellant guilty of the murder of his mother and sentenced him to ninetynine
years’ imprisonment. In two issues on appeal, appellant asserts the trial court erred in
denying his motion to suppress evidence seized pursuant to search and arrest warrants that were
not supported by probable cause and erred in admitting evidence of an extraneous offense. We
affirm th

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Salt Lake City v. Wade John Miles

¶1 Wade John Miles was convicted under Utah Code section
76-10-503 (2011)1 for having a pocketknife among his personal
SALT LAKE CITY v. MILES
Opinion of the Court
1 (...continued)
accordingly reference the 2011 version throughout this opinion.
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belongings, which he carried with him in a shopping cart. Section 76-
10-503 of the Utah Code criminalizes, among othe

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Roger D. Robinson v. Nanci Masso

Roger D. Robinson and Nancy M. Robinson sued Nanci Masso, Scott Underwood, LLC aka Masso/Underwood, LLA aka Masso Underwood, LLC, Ok Tank Truck Service, Truckers Dispoal, Inc. and Masso Underwood Limited partnership on a negligence thiory seeking a declaratory judgment, an injunction, damages for trespass and surface damage.

11-19-2010 TEXT 1 76512488 Nov 19 2010 11:54:39:523AM -

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Melissa Ford Bierwirth v. AH4R I TX, LLC

Melissa Ford Bierwirth appeals the county court’s final judgment granting AH4R I TX, LLC, possession of a residential property in Katy, Texas, after a bench trial. We affirm.
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Background
In 2005, Bierwirth, then known as Melissa Ford, executed a promissory note and deed of trust granting Fieldstone Mortgage Company a security interest in a property located in Katy, Texas. The d

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MCT Energy, Ltd. v. Kevin Collins, Executor and Beneficiary of the Estate of Linda Lou Collins

We are asked to resolve a dispute regarding whether Kevin Collins, as the executor and beneficiary of the estate of Linda Lou Collins, (Collins) owns a 1.974% working interest in two particular oil and gas leases. Collins commenced an action against MCT Energy, Ltd. (MCT), seeking a declaratory judgment pronouncing that he owned such an interest. So too did he allege causes of action sounding in f

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Joseph Adinolfe v. United Technologies Corporation d/b/a Pratt & Whitney

These consolidated appeals concern the dismissal with prejudice, under Federal Rule of Civil Procedure Rule 12(b)(6), of the second amended complaints filed in two related toxic tort cases asserting common-law and statutory claims under Florida law. Given the posture of these appeals, one would have expected the parties’ briefs to focus exclusively on whether the allegations in the complain

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Occupy Nashville, et al. v. William Haslam, et al.

In October 2011, a group of protesters calling themselves
“Occupy Nashville” established an around-the-clock presence on the Nashville War Memorial
Plaza (the “Plaza”) in Nashville, Tennessee, with the aim of bringing attention to disparities in
wealth and power in the United States.1 Occupy Nashville v. Haslam, 949 F. Supp. 2d 777, 785
(M.D. Tenn. 2013). Af

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King Ranch, Inc. v. Roel Garza, Cynthia Garza, JS Trophy Ranch, LLC and Los Cuentos, LLC

This appeal arises from a dispute over a boundary line established in an 1891 Deed of Exchange between Henrietta M. King, predecessor-in-interest to appellant King Ranch, Inc., and Luciano Garcia, et al., predecessors-in-interest to appellees Raul Garza, Cynthia Garza, JS Trophy Ranch, LLC, and Los Cuentos, LLC (“the Garzas”). King Ranch contends that the boundary line is a straight li

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Jae Kim, Fannin Food Mart, Inc., and the Real Property Known as 2111 Fannin Street v. The State of Texas

The State of Texas brought an action against Jae Kim, Fannin Food Mart, Inc., and The Real Property Known as 2111 Fannin Street (collectively, “the Fannin Parties”), asserting a common nuisance claim. The State obtained a permanent injunction against the Fannin Parties aimed at reducing crime occurring
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on and around the property. In six issues, the Fannin Parties assert (1) t

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United States of America v. Steven Nichols

Pierre, SD - United States Attorney Brendan V. Johnson announced that a Chicago, Illinois, man charged with Criminal Trespass pled guilty to and was sentenced on September 30, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Steven Nichols, age 43, was sentenced to 9 months in custody, 1 year of supervised release, 3-6 months at a Residential Reentry program, $25 to the Federal Crime Victim

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Manuel Holguin v. Dish Network, LLC

Defendants DISH Network LLC (DISH), AT&T Corporation (AT&T), and EchoStar Satellite LLC (EchoStar) appeal the judgment and two postjudgment orders in favor of plaintiffs Manuel and Deborah Holguin (the Holguins) following a jury trial on the Holguins' complaint for breach of contract, negligence, and other torts. DISH, AT&T, and EchoStar contend that the trial court erred by denying their motion f

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The People v. Bryan M. Pennington

As against a claim of insufficiency of the evidence, we hold that a harbor patrol officer who is (1) sworn as a peace officer, (2) supervised by a city police chief, (3) wears a badge, and (4) carries a police issued firearm, taser, baton, handcuffs, and pepper spray is a "peace officer" within the meaning of Penal Code section 830.33, subdivision (b) if he or she performs necessary duties with re

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Manuel Holguin v. Dish Network, LLC

Defendants DISH Network LLC (DISH), AT&T Corporation (AT&T), and EchoStar Satellite LLC (EchoStar) appeal the judgment and two postjudgment orders in favor of plaintiffs Manuel and Deborah Holguin (the Holguins) following a jury trial on the Holguins' complaint for breach of contract, negligence, and other torts. DISH, AT&T, and EchoStar contend that the trial court erred by denying their motion f

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Kings River Trail Association, Inc. v. Pinehurst Trail Holdings, L.L.C.

property on which golf courses and undeveloped acreage were located, on one side, and owners of nearby homes and two homeowners’ associations on the other side. In the appeal by the homeowners’ associations, we address whether the trial court erred in granting summary judgment as to the associations’ claims that they adversely possessed certain biking and hiking trails. We als

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State of Oklahoma v. Terryck M. Martin

Vinita, OK - The State of Oklahoma charged Terryck M. Martin with misdemeanor petit larceny, misdemeanor trespass after being forbidden and misdemeanor interfering with a railroad.

01/31/2012 PROBABLE CAUSE AFFIDAVIT
01/31/2012 APPEARANCE BOND (T. CARTER / CARTER BONDING CO $10.00
$7500.00 PWR# 9494) JAIL FUND FEE $25.00
10% OF JAIL FUND FEE $2.50
02/01/2012 CM;

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State of Oklahoma v. Toby Scott Daniels

Vinita, OK - The State of Oklahoma charged Toby Scott Daniels with misdemeanor petit larceny and misdemeanor trespass after being forbidden.

01/31/2012 PROBABLE CAUSE AFFIDAVIT
02/01/2012 CM; T. THOMAS CR; JUDGE MAXEY PRESIDING. JANICE STEIDLEY FOR STATE. DEFENDANT PRESENT. CASE SET 02-23-12 AT 1:30PM ON PHSDKT. IF DEFENDANT POST BOND TO HAVE NO CONTACT WITH VICTIM AS CONDITION OF

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BP Automotive LP d/b/a Bossier Dodge v. RML Waxahachie Dodge, L.L.C.; RML Waxahachie Ford, L.L.C.; RLJ-McLarty-Landers Automotive Holdings, L.L.C.; and RML Waxahachie GMC, L.L.C.

appeal arises out of an asset purchase agreement contemplating the sale of a car dealership’s assets. After the sale failed to close, the dealership sued the prospective buyer, alleging breach of contract and several other causes of action. The trial court granted the prospective buyer’s no-evidence and traditional motions for summary judgment, and denied the dealership’s trad

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Garrett and Company Resources, LLC v. Pheldon Oil Production, Inc.

COMES NOW, the Plaintiff, Garrett and Company Resources, LLC (“Garrett”), and for its claims against the Defendants, Pheldon Oil Production, Inc. (“Pheldon”), Eldon Stark, Aaron Oil, Inc. (“Aaron”), and J.R. Stark (collectively “Defendants”), alleges and states as follows:
JURISDICTION AND VENUE
1. Plaintiff, Garrett and Company Resources, LL

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Payor v. Jump

¶1 This is an appeal from a judgment of the county court of Osage county rendered against Edna Drew Pryor, administratrix of the estate of Antwine Pryor, deceased, and against the estate of said deceased, and in favor of Antwine Pryor, a minor, and putative bastard child of Antwine Pryor, deceased.

¶2 The record discloses that bastardy proceedings were instituted in the county court

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Helen Butts Tipps v. Chinn Exploration Company and Cherokee Royalty Syndicate

The appearance of settled mineral ownership—which had surrounded three neighboring tracts of oil-and-gas-producing land in Gregg County since the late 1800s or early 1900s—was shattered beginning in late 2008 when three different lawsuits arose involving eight parties, one consolidation, multiple partial summary judgments, and two trials. One group of the parties generalized it well:

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Gramen Farm, LLC and Grant Wilson v. Huyen Nguyen and Dung Vu

This lawsuit arises from disputes between an occupying landowner and tenants who purchased the landowner’s dairy business, in part with a note to the owner. The tenants occupy an area surrounding the landowner’s mobile home. The tenants defaulted on the note. The landowner, Huyen Nguyen, sued the
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tenants, Gramen Farm, LLC, Grant Wilson, and Hang Trinh, Wilson’s wife,

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Jacques Bloxham v. Todd Saldinger

Jacques Bloxham (or Jack Bloxham) and Janette Magoc (the Bloxhams) and Todd Saldinger and Barbara Saldinger, also known as Barbara Zylbert,1 (the Saldingers) disputed the location of their common property lines. At trial, the determinative issue was the location of the western boundary of the Shoquel Augmentation Rancho (more recently denominated the “Soquel Augmentation Rancho”; herei

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In the matter of M.S.K., a juvenile

This appeal arises from the trial court’s modification of juvenile disposition concerning M.S.K. We affirm.
Appellant, M.S.K., presents two issues for our review. In her first issue, she contends that the State incorrectly alleged a violation of the terms and conditions of her juvenile probation without any supporting evidence. Appellant argues in her second issue that the trial court e

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Rippy Interests, LLC v. William L. Nash, John D. Nash, Charles Nash and US KingKing, LLC

This is a summary-judgment appeal. The trial court granted the amended motion for summary judgment of Appellee US KingKing, LLC (KingKing) and denied the cross-motion for summary judgment of Appellant Rippy Interests, LLC (Rippy).1 Rippy appeals, complaining that the trial court erred in granting KingKing’s amended motion and in denying Rippy’s cross-motion. We agree; we will reverse

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