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Showing 101 - 150 of 4271

In the Matter of the Marriage of Laurie K. Boorigie and Robert M. Boorigie

Wichita, Kansas, family law lawyers represented Plaintiff and Defendant in a divorce. Robert and Laurie married in 1987. In March 2020, Laurie filed for divorce, and the matter proceeded to trial in August 2022. The issues on appeal turn largely on the district court's ruling and the parties' actions involving two marital assets: (1) Robert's interest in Worldwide Entertainment, LLC (Worldwide), a company in which he made substantial investments, and (2) funds held in a brokerage accou

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Ricky Koel v. Citizens Medical Center, Inc., et al.

Kansaas City, Kansas personal injury lawyer represented the Plaintiff on a medical malpractice claims. Ricky Koel sought emergency care and treatment at Citizens Medical Center, Inc., a hospital in Colby, Kansas, after sustaining serious injuries to his right eye. Citizens evaluated Mr. Koel and eventually released him with medication and instructions to see an ophthalmologist the following morning. He visited the ophthalmologist and received emergency surgery the next day, but even

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United States of America v. Daniel Paul Prekopa

<h2><center> Kansas City, Kansas criminal defense lawyer represented the Defendant charged with child sexual abuse </font/color="red"></center><center> Kansas man sentenced for crimes related to child sexual abuse</h2></center> </h2></center> A Kansas man received a combined sentence of 87 months in prison after pleading guilty in two separate cases related to criminal misconduct involving minors. Acco

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United States of America v. Cledale Caldwell

Kansas City, Kansas, criminal defense lawyer represented the Defendant charged with failing to register as a sex as offender as required in the Sex Offender Registration and Notification Act ("SORNAâ€), 18 U.S.C. Â§ 2250(a). He admitted that after he relocated from Kansas to Oklahoma, he failed to update his registration between May 4, 2020, and June 6, 2021. During this time period, Mr. Caldwell also committed two state crimes in Oklahoma: (1) On May 22, 2

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State of Kansas v. Christopher Shawn Adams

Hays, Kansas criminal defense lawyer represented the defendant on assault and battery charges. This case arises from the State's interlocutory appeal in Christopher Adams' criminal case. Adams faces multiple counts of battery based on allegations that he punched two men and pushed his girlfriend, Stephanie Lang, outside a bar. When questioned at the scene, Lang identified Adams as the attacker of a victim who was knocked unconscious and suffered significant injuries. But when called to

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State of Kansas v. Tommy Lee Yardley

Garden City, Kansas criminal defense lawyer represented the Defendant charged with felony theft. A jury convicted Tommy Lee Yardley of felony theft of property that was worth at least $25,000, but less than $100,000. The property consisted of a truck and trailer containing tools. On appeal, Yardley argues the district court erred by not instructing the jury to be unanimous about which items were stolen. Yardley contends this is a multiple acts case because multiple items were stolen. Bu

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State of Kansas v. Patrick Nolan Schwartz

Kingman, Kansas criminal defense lawyer represented the Defendant charged with DUI. After a bench trial on stipulated facts, the Kingman County District Court found Patrick Nolan Schwartz guilty of driving under the influence of alcohol. Before trial, Schwartz moved to suppress evidence from the stop, arguing that the officers lacked reasonable suspicion to stop him. The district court denied that motion, both before trial and again when the motion was renewed at trial. Schwartz now app

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State of Kansas v. Kevin Wakaba Mwaura

Olathe, Kansas criminal defense lawyer represented the Defendant charged with DUI. Defendant Kevin Wakaba Mwaura appeals the decision of the Johnson County District Court to revoke his probation in this felony driving under the influence case. The district court originally granted Mwaura a downward dispositional departure to probation, despite his previous convictions. The district court revoked Mwaura's probation after imposing one intermediate sanction and again finding that he violat

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Aaron Conard and Nicole Conard v. Neosho Drilling and Norman Houston

Columbus, Kansas, civil litigation lawyers represented the parties in a dispute between homeowners Aaron and Nichole Conard and Norman Houston. The Conards hired Houston to drill two water wells. After he was unable to complete the work, the Conards prevailed in a lawsuit they filed against Houston asserting claims for quiet title, breach of contract, negligence, and fraudulent misrepresentation. Houston was unsuccessful on his counterclaims for conversion, unjust enrichment, and breach of cont

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Cutis Rodina v. Alberto Castaneda, D.D.S.

Kansas City, Kansas personal injury lawyer represented the Plaintiff on a dental malpractice claim. This is an action for dental malpractice. In a previous suit, Curtis Rodina sued Timothy T. Taylor, D.D.S., P.A.-the dental practice-and Sonya Cummings-an owner of the practice. He was awarded a default judgment for economic and noneconomic damages in the total amount of $285,000. Rodina then brought this dental negligence suit against Alberto Castaneda, D.D.S., alleging that Dr. Castaned

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State of Kansas v. Dell William Schmidt, Jr.

Topeka, Kansas criminal defense lawyer represented the Defendant charged with possession of meth. Schmidt was charged with possession of methamphetamine and possession of drug paraphernalia. Schmidt entered into a diversion agreement with the State, which was later revoked due to Schmidt's failure to fulfill certain terms of the agreement. * * * Legal issue Was there sufficient evidence to support the conviction for possession of methamphetamine? Headnote CRI

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State of Kansas v. Michael Jmae Kennemer

Hoxie, Kansas criminal defense lawyer represented the Defendant charge with possession of meth. Defendant pleaded guilty and was sentenced to 40 months in prison, but was placed on probation. He was also ordered to reimburse the Board of Indigents' Defense Serivces. * * * Legal issue Did the district court fail to adequately assess the defendant's financial condition when ordering reimbursement for appointed legal services? Headnote CRIMINAL LAW.

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Brent L. Alford v. Donald Langford

Wichita, Kansas pro se Plaintiff seught a writ of habeas corpus. In 1993, a Kansas court sentenced Brent L. Alford to prison, and he remains confined under that judgment. In 2011, he unsuccessfully challenged the judgment in a 28 U.S.C. Â§ 2254 habeas application. In 2024, he filed another habeas application. Concluding the latest application was an unauthorized second or successive one, the district judge dismissed it for lack of jurisdiction. Mr. Alford wishes to appeal the dismissa

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United States of America v. Clifton Ray Weatherspoon

Topeka, Kansas criminal defense lawyer represented the Defendant who entered into a plead agreement and appealed. The government moves to enforce Clifton Ray Weatherspoon's appeal waiver. See United States v. Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004) (en banc). Entering into plea agreements with the DOJ might not be a good idea in some instances.

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State of Kansas v. Tyre J. Brow, a/k/a Tyree J. Brow a/k/a Tyree J. Brown

Wichita, Kansas criminal defense lawyer represented the defendant charged with aggravated kidnapping, aggravated burglary, and domestic battery. The Defendant represented himself at trial and was convicted.

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United States of America v. Diego Almaguer

<h2><center> Kansas City, Kansas criminal defense lawyer represented the Defendant charged with assault on federal officer </font/color="red"></center><center> Kansas man sentenced for assault on federal officer</h2></center> </h2></center> A Kansas man was sentenced to 72 months in prison for deliberately ramming his vehicle into a federal law enforcement officer who was attempting to take the passenger of th

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United States of America v. Lynn Ritter and Kirk Ritter

<h2><center> Kansas City, Kansas criminal defense lawyer represented the Defendants charged with wire fraud and theft of government funds.theft of deceased father's Social Security benefits </font/color="red"></center><center> Husband & wife sentenced for theft of deceased father's Social Security benefits </h2></center> </h2></center> A Kansas couple was sentenced to prison for illegally taking proceeds from

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State of Kansas v. Stephen Levi Bennett

Emporia, Kansas criminal defense lawyer represented the Defendant charged with felony use of a weapon to commit and crime. The defendant was accused of violating the terms and conditions of parole and an application to revoke his parole and that he be sentenced to serve the underlying sentence of 10 months is prison. * * * CRIMINAL LAW. PROBATION REVOCATION. The case addresses whether a district court abused its discretion in revoking the defendant's probation and orde

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In the Matter of the Estate of James B. Lyons

Wichita, Kansas real property lawyers represented the parties in a mortgage foreclosure action. Dispute over the disposition of surplus proceeds after a mortgage foreclosure. Parallel proceedings in civil court involving the foreclosure and in probate court involving the administration of the estate of the deceased homeowner, combined with various delays by the parties' attorneys, caused much confusion. Russell and Joni Mills, who purchased the foreclosed home at a sheriff's sale before

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Justin Rumbaugh v. DirectTV and American Zurich Insurance Company

Topeka, Kansas worekers compensation lawyer represented the Plaintiff for compensation for a work place injury. After suffering a back injury at work in 2014, Justin Rumbaugh received treatment through his employer's workers compensation insurer in accordance with the Workers Compensation Act. In 2016, about eight months after Rumbaugh was released to return to work and two years after his original work injury, Rumbaugh presented to an emergency department with symptoms of cauda equina

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STATE OF KANSAS v. PATRICIO SABAS GOMEZ

<h2><center> Topeka, KS criminal defense lawyer represented the Defendant with claiming a jury instruction contained an alternative-means error </font/color="red"></center><center> </h2></center> </h2></center> If a defendant claims a jury instruction contained an alternative-means error, the reviewing court must consider whether the instruction was both legally and factually appropriate. The cour

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STATE OF KANSAS v. GABRIAELLE AKIN

<h2><center> Topeka, KS criminal defense lawyer represented the Defendant with claiming the district court abused its discretion. </font/color="red"></center><center> </h2></center> </h2></center> The facts of this case are well known to the parties and will only be briefly stated. In March 2022, Akin sexually abused her eight-year-old daughter by performing sexual acts on her daughter. Akin also

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STATE OF KANSAS v. OTHON MIGUEL LARA-LOPEZ

<h2><center> Topeka, KS criminal defense lawyer represented the Defendant with moving for a new trial </font/color="red"></center><center> </h2></center> </h2></center> In May 2021, Lara-Lopez was charged with aggravated indecent liberties with a child after a 12 year old (referred to here under the pseudonym, Jane) told several people that Lara-Lopez had done something inappropriate when they were alone

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STATE OF KANSAS v. ROBERT E. MCINTOSH

<h2><center> Topeka, KS criminal defense lawyer represented the Defendant with appealing his convictions for disorderly conduct and interference with law enforcement. </font/color="red"></center><center> </h2></center> </h2></center> McIntosh was charged with criminal threat, disorderly conduct, and interference with law enforcement after an alleged altercation with a city official, Terry Ward, and

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STATE OF KANSAS v. MARVIN WILLARD POULSON

<h2><center> Topeka, KS criminal defense lawyer represented the Defendant with appealing his jury conviction of one count of rape and one count of criminal restraint </font/color="red"></center><center> </h2> After an incident in July 2019, the State charged Poulson with two counts of rape under K.S.A. 2019 Supp. 21-5503(a)(1)(A) and one count of criminal restraint under K.S.A. 2019 Supp. 21-5411. Much

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United States of America v. Pascual A. Ruiz, Jr.

Kansas City, Kansas criminal defense lawyer represented the Defendant charged with possession of ammunition by a prohibited person. What is the government's obligation to fulfill a promise made in a plea agreement. Pascual A. Ruiz Jr. was convicted after pleading guilty to one count of possession of ammunition by a prohibited person in violation of 18 U.S.C. Â§ 922(g)(1). In his written plea agreement, the government agreed "[t]o recommend the defendant receive a sentence at the l

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STATE OF KANSAS v. JENNIFER L. DAILY

<h2><center> Topeka, Kansas criminal defense lawyer represented the Defendant with appealing the district court's revocation of the probation and imposition of her underlying sentence </font/color="red"></center><center> </h2></center> </h2></center> On April 26, 2018, Jennifer Daily entered guilty pleas in two separate cases. In Sedgwick County case No. 18-CR-651, Daily pled to one count of aggravated burglar

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Donetta Raymond, et al. v. Spirit Aerosystems Holdings, Inc., et al.

Wichita, Kansas civil rights lawyer represented the Plaintiffs who sued the Defendants for age discrimination. Spirit AeroSystems, Inc. adopted a reduction-in-force that led to 271 firings. Many of the fired employees brought suit, including a collective action against Spirit for age discrimination. To prevail on the collective action, the former employees needed to prove a pattern or practice of age discrimination.

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; Emily Wise

<h2><center> Wichita, Kansas criminal defense lawyer represented the Defendants charged with robbing Kansas banks </font/color="red"></center><center> Two people from Wichita charged with robbing Kansas banks</h2></center> </h2></center><center><h2> A man and woman from Kansas have been charged through criminal complaint in Wichita on charges related to a series of bank robberies involving a firearm.

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United States of America v. Zane Tilcock; Emily Wise

<h2><center> Wichita, Kansas criminal defense lawyer represented the Defendants charged with a series of bank robberies involving a firearm. </font/color="red"></center><center> Two people from Wichita charged with robbing Kansas banks </h2></center> </h2></center><center><h2> A man and woman from Kansas have been charged through criminal complaint in Wichita on charges related to a series of bank robber

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United States of America v. Clyde Apperson

Topeka, Kansas criminal defense lawyer represented the Defendant seeking compassionate relief under 18 U.S.C. Â§ 3582(c)(1)(A)(i). The relief requested in themotion was "[a] reduction of sentence to time served, with imposition of the original conditions of supervised release.â€ Aplt. App. Vol. 1 at 96; see Aplt. Br. at 46 (using the same language to describe the relief sought); Aplt. Reply Br. at 14 (same). On December 12, 2024, President Joseph R. Biden Jr. com

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Kolette Smith v. Brian Williams, Labetter County Medical Center, d/b/a Labette Health

Wichita, Kansas employment law lawyer represented the Plaintiff. This case stems from the termination of the independent contractor relationship between Plaintiff-Appellant, Dr. Kolette Smith, and Defendants- Appellees, Brian Williams and Labette County Medical Center ("Labette Healthâ€) (collectively "Defendantsâ€). Dr. Smith appeals from the district court's grant of summary judgment to Defendants on her claims for (1) denial of a property interest withou

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United States of America v. Adonis Batista, a/k/a A-1

<h2> Wichita, Kansas criminal defense lawyer represented the Defendant charged with conspiracy to distribute and possession with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of meth. </h2> On July 16, 2022, the Oklahoma City Drug Enforcement Administration ("DEAâ€) investigated a drug-related house fire in Del City, Oklahoma. II R. 39. The residence turned out to be a methamphetamine conversion lab. Id. DEA agents<b

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In the Interests of D.M.H. Jr., M.M.H., M.L.H., and D.M.H., Minor Children.

<h2> Wichita, Kansas criminal defense lawyer represented the Defendant in a parental rights termination action. </h2> Father has four minor children subject to this action: D.M.H. Jr., M.M.H., M.L.H. and D.M.H. (collectively, the children). The natural mother (Mother) of the children is not a party to this appeal, although she separately appealed from the termination of her parental rights and another panel of our court recently reversed and remanded. In re D.M.H., No. 127,428,

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State of Kansas v. William Wesley Flesher, Jr.

<h2> Manhattan, Kansas criminal defense lawyer represented the Defendant charged with aggravated battery, aggravated burglary, and theft. </hr> CRIMINAL LAW. JURY INSTRUCTIONS. The case addresses whether the district court erred by not providing unrequested jury instructions that the State must disprove self-defense beyond a reasonable doubt, and whether this omission constituted clear error affecting the outcome of the trial. CRIMINAL LAW. SELF-DEFENSE. The court cons

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In the Interests of G.I. and R.I., Minor Children

<h2> Kansas City, Kansas family law lawyer represented the Defendant in a parental rights termination action. </h2> In June 2022, the Kansas Department for Children and Families (DCF) received a report that a stranger found one-year-old R.I. wandering outside alone. DCF investigated the report and spoke to Mother and J.I. (Father) a few days after the incident. Mother and Father revealed financial and other family concerns. They explained that the paternal grandfather, whom the fami

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In the Matter of the Care and Treatment of Calvin Wesley Rich

<h2> Great Bend, Kansas civil rights lawyer represented the Plaintiff seeking relief from custody. </h2> Calvin Wesley Rich, having been civilly committed as a sexually violent predator for 20 years, petitioned the district court for transitional release and requested appointment of an independent examiner. After an initial hearing, the district court denied Rich's request for an independent examiner, and found that Rich failed to establish probable cause warranting an evidentiary

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In the Interests of M.C. and J.M.

<h2> Olathe, Kansas family lawyer represented parents in a termination of parental rights action. <h2> The State simultaneously filed separate child in need of care cases in November 2020 for M.C., then barely 2 years old, and J.M., then 10 months old, when Mother stabbed the children's father in their presence. The record indicates Father has chronically 2 abused alcohol and he and Mother had some history of domestic violence. The children went into an out-of-h

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State of Kansas v. Ricky Dion Dunklin

<h2> Manhattan, Kansas criminl defense lawyer represented the Defendant charged with aggravated battery and misdemeanor domestic battery. </h2> On August 21, 2019, the State charged Dunklin in Riley County case No. 19 CR 432 with aggravated battery and one count of aggravated domestic battery. Although Dunklin appeared before the district court on September 24, 2019, and October 19, 2019, he requested a continuance at each hearing. Another hearing was set for November 19, 2019, but D

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Peter J. Ritchey v. Billy Jo Lewis

<h2> Topeka, Kansas civil litigation lawyers represented the parties in a title and ownership of real property. </h2> While living together as an engaged couple, Peter J. Ritchey and Billy Jo Lewis purchased a house and an adjacent, 40-acre property in separate transactions-Ritchey purchased the property and Lewis purchased the house. Lewis represented herself and Ritchey as the buyer's agent in these transactions. The couple later split up and Ritchey initiated a sale of the p

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Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., et al.

<h2> Wichita, Kansas civil litigation lawyers represented the parties in an alleged violation of the Lanham Act and Kansas law in connection with certain advertisements for legal services. Brace agreed to dismiss the lawsuit if Pistrotnik produced proof that a large settlement touted in some of its advertisments actually occurred. Pistotnik produce the proof and dismissed the case.

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United States of America v. Abram F. Velo

Wichita, Kansas criminal defense lawyer represented the Defendant charged with a drug offense.

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State of Kansas v. Stan P. Mills, Jr.

<h2> Wichita, Kansas criminal defense lawyer represented the Defendant accused of being a violent offender. </h2> In two separate cases, Sedgwick County District Court case Nos. 2021 CR 2220 (Case 1) and 2021 CR 2236 (Case 2), the State charged Mills with two counts of aggravated battery and attempted robbery. The State also charged Mills with arson in Sedgwick County District Court case No. 2022 CR 397 (Case 3). The State moved to consolidate the three c

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State of Kansas v. Jason D. Buffalohead-Craytor

<h2> Wichita, Kansas criminal defense lawyer represented the Defendant charged with forgery and possession of meth. </h2> Defendant was found guilty and was sentenced to 22-months in prison. The State's motion for revoke his probation was granted by the Court.

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In the Interest of A.B.

<h2> Wichita, Kansas family law lawyer represented the father in a termination of parental rights action. </h2> A.B. was born in July 2022 and placed in the NICU. A few days later, the State filed a child in need of care petition. The petition alleged that Mother's parental rights to her other seven children and Father's parental rights to his two other children had been recently terminated; there was a history of domestic violence between Father and Mother; Father had pending c

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State of Kansas v. Joseph C. Esher

<h2> Hiawatha, Kansas criminal defense lawyer represented the Defendant charged with two counts of rape and one count each of aggravated criminal sodomy, aggravated kidnapping, kidnapping, and criminal threat. </h2> Esher was convicted in 2001 of two counts of rape and one count each of aggravated criminal sodomy, aggravated kidnapping, kidnapping, and criminal threat. Another panel of this court reversed Esher's criminal threat conviction on direct appeal, holding that it was c

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, United States of America v. Timothy Vigil ,

<h2><center> Kansas City, Kansas criminal defense lawyer represented the Defendant charged with receipt of child pornography </center><center> Colorado Recidivist Sex Offender Sentenced to 35 Years in Prison for Crimes Against Children</h2></center> </h2></center> A California man was sentenced to 240 months in prison after soliciting and receiving child pornography. According to c

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United States of America v. Antonio Laringo Knox

<h2><center> cty, st criminal defense lawyer represented the Defendant charged with receiving child pornography </center><center> California man sentenced to 240 months for receiving child pornography</h2></center> </h2></center>

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United States of America v. Shan Hanes

<h2><center> Wichita, Kansas criminal defense lawyer represented the Defendant charged with one count of embezzlement by a bank officer. </center><center> Victims of cryptocurrency scam awarded restitution</h2></center> </h2></center> After a $47.1 million cryptocurrency scheme caused a Kansas bank to fail, a federal judge ordered during a restitution hearing that millions of dollars seized b

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Maria Varnas v. Conner Thompson

Kansas City, Kansas civil rights lawyer represented the Plaintiff who sued the Defendants on civil rights violation theories. Maria Varnas sued Conner Thompson claiming he used excessive force when he shot and killed Brandon Lynch, age 27, in 2022. Following the tragic death of her son, Plaintiff Maria Varnas filed this lawsuit, pursuant to 42 U.S.C. Â§ 1983, as Special Administrator of the Estate of her son, Brandon S. Lynch, against the City of Olathe, Kansas ("the Cityâ�

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