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1983 Law
 
Julio Cesar Flores, Jr. v. The State of Texas

Detective Jason Schipper of the Stephenville Police Department was the only witness that testified at the suppression hearing. At 10:30 p.m. on February 7, 2015, Detective Schipper was patrolling the east side of Stephenville. He observed a green Ford Explorer parked in the parking lot of the Stephenville Soccer Complex. Detective Schipper testified that the vehicle was parked in a dark area of... More...   $0 (01-20-2018 - TX)

Arminius Dejuan Jones v. The State of Texas Court of Appeals Fifth District of Texas at Dallas

Appellant pleaded guilty to aggravated assault with a deadly weapon, pursuant to a
negotiated plea bargain agreement. The trial court accepted the plea, deferred adjudication, and
placed appellant on community supervision for a period of five years. The State subsequently
filed a motion to proceed with an adjudication of guilt, alleging appellant violated various
conditions o... More...
   $0 (01-20-2018 - TX)

STATE OF MONTANA v. DENNIS LEO SCHOWENGERDT Deer Lodge man gets life for wife's murder

The initial facts of the case are undisputed: On December 8, 2012, Schowengerdt
killed his wife, Tina Schowengerdt, by repeatedly stabbing her in their home near Deer
Lodge. The following morning, Schowengerdt drove to the police station in Deer Lodge
and, in a recorded statement, told officers that last night he, “killed that son of a bitch [he]
was living with. So arrest me... More...
   $0 (01-19-2018 - WY)

Erotic Service Provider Legal Education and Research Project v. Georg Gascon, etl. Northern District of California Federal Courthouse - San Francisco

Plaintiff-appellant Erotic Service Provider Legal,
Education & Research Project; K.L.E.S.; C.V.; J.B.; and
John Doe (collectively, “ESP”) appeal the district court’s
dismissal of their 42 U.S.C. §1983 action. ESP claims that
Section 647(b) of the California Penal Code, which
criminalizes the commercial exchange of sexual activity,
violates: (1) the Fourteenth Amendment subs... More...
   $0 (01-19-2018 - CA)

United States of America v. Sanford J. Wishnev v. The Northwestern Mutual Life Insurance Company Northern District of California Federal Courthouse - San Francisco

We ask the California Supreme Court to resolve two open
questions of state law that have significant effects on
insurance companies and insureds in California.
An initiative measure enacted in 1918 (the Initiative), Cal
Civ. Code §§ 1916-1–5, limits the amount of interest lenders
may charge, and provides that lenders may not compound
WISHNEV V. 4 NORTHWESTERN MUTUAL
int... More...
   $0 (01-19-2018 - CA)

STATE OF NEW JERSEY v. KEITH SCOTT, a/k/a KASAAON R. WILLIAMS

We discern the following facts from the record on appeal. On
July 14, 2014, a Jersey City police officer received a phone call
from a confidential informant (CI) regarding an individual in
possession of a firearm in public. The CI reported that a black
male, wearing a white t-shirt and blue jeans with a handgun in his
waistband, was present in the area of an address on O... More...
   $0 (01-18-2018 - )

STATE OF NEW JERSEY v. ARTHUR L. HOYLE, a/k/a SKINNYMAN HOYLE, and ARTHUR HOYLE

Defendant, who was charged with multiple drug offenses, filed
numerous pretrial motions, including a motion to suppress evidence
obtained from the use of a global positioning system (GPS) tracker
and a motion to recuse the trial court judge. After the court
denied the motion to suppress and the motion to recuse, defendant
pled guilty to first-degree possession with intent... More...
   $0 (01-18-2018 - NJ)

State of Tennessee v. Quantez Person Jury hung in trial of former FedEx employee accused of rape, exposing HIV

Originally charged with aggravated rape and criminal exposure to HIV, the defendant was convicted by a Shelby County Criminal Court jury of criminal exposure to HIV based upon hisengaging in unprotected sexual acts with the victim in March 2012.

At the defendant’s May 2016 trial, the victim testified that as she walked from her home to the home of a friend, a man driving a Chrysler conver... More...
   $0 (01-18-2018 - TN)

State of Tennessee v. Christopher Jerald Crowley Nashville man charged in death of homeless man

During the early morning hours of October 18, 2012, the victim, Robert Mitchell, was sleeping on a bench across the street from the Criminal Justice Center in downtown Nashville. The victim’s aunt, Linda Cloyd, testified at trial that the victim typically lived with family members, but that in October 2012 the victim was homeless and working at the Nashville Rescue Mission. Mario Hambrick was th... More...   $0 (01-18-2018 - TN)

State of Tennessee v. Joseph Howard Hinson, III Tennessee Court of Criminal Appeals

The Hardin County Grand Jury returned an indictment charging the Appellant with selling .5 grams or more of methamphetamine within a drug-free zone after a confidential informant purchased drugsfrom the Appellant.
At trial, Hardin County Sheriff’s Deputy Jason Caldwell, who was assigned to the 24th Judicial District Drug Task Force, testified that in August 2014, Tommy Woods
01/17/2018<... More...
   $0 (01-18-2018 - TN)

STATE OF OHIO - vs - GILBERT EUGENE SKEINS, JR. Rape and gross sexual imposition involving a minor

Skeins had one child with Joy Slusher and she was pregnant with their
second child in February 2016. Skeins and Slusher resided with Slusher’s mother and
stepfather in Niles, Ohio. On February 14, 2016, Slusher went shopping with her
2
parents and they left Skeins home alone with the children, which included Slusher’s
child from another relationship, Slusher’s child with... More...
   $0 (01-18-2018 - OH)

STATE OF OHIO v. JIBRIIL A. HERSI

In March of 2016, Mr. Hersi was driving his semi-truck and trailer westbound on
Interstate 76. Inspector Richard Bell, a civilian working with the Ohio State Highway Patrol as a
Federal Motor Carrier Officer in a marked vehicle, activated his lights and siren and attempted to
stop Mr. Hersi’s semi-truck for a safety inspection. According to Inspector Bell, when Mr. Hersi
did ... More...
   $0 (01-18-2018 - OH)

STATE OF OHIO -vs- JEREMY DAVID WILSON SEXUAL BATTERY

On November 17, 2016, the Stark County Grand Jury secretly indicted Appellant
on the aforementioned charge. The charge arose out of numerous incidents involving Appellant’s
biological daughter, who was less than thirteen years of age, and taking place between October
23, 2005, and December 31, 2013. Appellant appeared for arraignment on December 2, 2016,
and entered a plea of... More...
   $0 (01-18-2018 - OH)

STATE OF OHIO v. CHRISTOPHER J. MCINTOSH

In Scioto C.P. Case No. 16CR411, the Scioto County Grand Jury returned
an indictment charging Christopher McIntosh with two counts of aggravated trafficking in
drugs, one count of trafficking in drugs, two counts of aggravated possession of drugs,
one count of possession of drugs, one count of having weapons while under disability,
and one count of receiving stolen property, wi... More...
   $0 (01-18-2018 - OH)

Ndioba Niang v. Emily Carroll Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Missouri statutes require African-style hair braiders to be licensed as barbers
or cosmetologists. Ndioba “Joba” Niang and Tameka Stigers challenge this
requirement under the Fourteenth Amendment. The district court1 granted summary
judgment for the State. Having jurisdiction under 28 U.S.C. § 1291, this court
affirms.
African-style hair braiders are required to have a license ... More...
   $0 (01-18-2018 - MO)

Brian Trent Rosenbaum v. The State of Texas Brian Trent Rosenbaum

Brian Trent Rosenbaum (appellant) appeals his conviction under § 25.07 of the
Texas Penal Code for violating a protective order and the accompanying twenty-five-year
prison term. One issue lies before us for disposition. It involves the sufficiency of the
evidence establishing that he previously violated two protective orders issued under
Chapter 85 of the Texas Family Code.... More...
   $0 (01-17-2018 - TX)

Ruben Sanchez v. City of Chicago, et al. Northern District of Illinois Courthouse - Chicago, Illinois

Ruben Sanchez appeals the denial
of his motion for a new trial in his § 1983 action against Officer
Louis Garcia of the Chicago Police Department. Sanchez alleges
that the trial court made multiple evidentiary errors,
gave an improper jury instruction, and wrongfully accepted
a partial verdict. Because we conclude that a new trial is not
required, we affirm.
2 No. 16-35... More...
   $0 (01-16-2018 - IL)

STATE OF KANSAS v. JAMES DANIEL FLOYD

In March 2014, Floyd pled guilty pursuant to a plea agreement to one count of unlawful distribution of marijuana and one count of fleeing and eluding. At the time of sentencing, Floyd had served 15 months in federal prison and was on parole. In May 2014, the Osborne County District Court granted Floyd 18 months' probation with an
2
underlying 22-month prison term on the unlawful distribu... More...
   $0 (01-16-2018 - )

CITY OF TOPEKA v. WILLIE L. MURDOCK

Willie L. Murdock appeals from his conviction of possession of drug paraphernalia under Topeka Municipal Code. 9.50.040(a)(2). He argues (1) the district court erred when it denied his motion to suppress because he did not give Officer Matthew Blassingame consent to enter his apartment; (2) the court erred when it denied his motion to suppress because the plain view doctrine was not satisfied; (3)... More...   $0 (01-16-2018 - KS)

Melisa Richmond v. Rubab Huq, et al. Eastern District of Michigan Countroom - Ann Arbor, Michigan

Plaintiff Melisa Richmond was
incarcerated in the Wayne County Jail from December 26, 2012 through February 13, 2013.

While in the custody of the Jail, Richmond received treatment for a self-inflicted burn wound on
her chest as well as for psychological needs. Richmond contends that she received
constitutionally inadequate treatment for her burn wound, which necessitated skin ... More...
   $0 (01-16-2018 - MI)

Tracey E. George, et al. v. Tre Hargett Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

In November 2014, Tennessee voters approved an
amendment to the Tennessee Constitution making clear that the Constitution is not to be
construed as securing or protecting a right to abortion or requiring funding of an abortion.
Understandably, the amendment was a matter of no small controversy. In fact, more votes were
cast in favor of and opposition to the amendment than were cast... More...
   $0 (01-16-2018 - TN)

Keith Saunders v. Ford Motor Company, Jeff Marzian, Karen Morrison Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This case involves claims by Keith Saunders
against his employer, Ford Motor Company, under both § 301 of the Labor Management
>
No. 17-5277 Saunders v. Ford Motor Co., et al. Page 2
Relations Act (LMRA), 29 U.S.C. § 185, and Kentucky law. Saunders contends that Ford
breached the applicable collective bargaining agreement (CBA) by twice placing him on
temporary leave—known ... More...
   $0 (01-16-2018 - KY)

Maria V. Pena v. City of Rio Grande City, Texas, Rosa Salinas, Jose Solis Southern District of Texas Courthouse - Houston, Texas

Maria Peña sustained injuries as a result of a tasing by police officers for the City of Rio Grande City. Peña sued the city and two of the officers in state court, alleging excessive force under 42 U.S.C. § 1983 and negligence under the
Case: 16-41522 Document: 00514306262 Page: 1 Date Filed: 01/12/2018
No. 16-41522
2
Texas Tort Claims Act (“TTCA”).
1 Upon removal, the distric... More...
   $0 (01-15-2018 - TX)

Marie DiFiore v. CSL Behring, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Marie DiFiore asserted claims against her former employer, CSL Behring, for retaliation in violation of the False Claims Act, and for wrongful discharge under a theory of constructive discharge in violation of Pennsylvania state
3
law. The False Claims Act (“FCA”) includes an anti-retaliation provision for employee whistleblowers who engage in activity protected by the FCA. The District Co... More...
   $0 (01-14-2018 - PA)

Don Karms and Robert Parker v. Kathleen Shanahan, Sandra McKeon Crow and New Jersey Transit District of New Jersey Federal Courthouses

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...   $0 (01-14-2018 - NJ)

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