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Abandonment Law
 
STATE OF NEW JERSEY v. JAZIR GORDON

After his motion to suppress physical evidence was denied
without an evidentiary hearing, defendant Jazir Gordon proceeded
to trial and was found guilty by a jury of third-degree possession
of heroin, N.J.S.A. 2C:35-10a(1); second-degree unlawful
possession of a handgun, N.J.S.A. 2C:39-5b; fourth-degree
possession of a defaced firearm, N.J.S.A. 2C:39-3d; fourth-degree
... More...
   $0 (01-18-2018 - NJ)

Terry T. Watson v. State of Missouri

Mr. Watson was convicted of first-degree robbery, resisting arrest, and
second-degree trafficking. He was sentenced to concurrent terms of imprisonment, the
longest of which was 18 years. The convictions and sentences were affirmed on appeal,
and on February 11, 2013, Mr. Watson filed a timely pro se motion for postconviction relief
under Rule 29.15. The motion alleged Mr. Wa... More...
   $0 (01-17-2018 - MO)

David E. Miller v. Tony Mays, Warden Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

David Miller was convicted and sentenced to
death for the 1981 murder of Lee Standifer. His sentence was upheld by the Tennessee Supreme
Court and we affirmed the dismissal of his § 2254 habeas petition. Seeking to revisit his
ineffective-assistance-of-trial-counsel (IATC) claim in light of Martinez v. Ryan, 566 U.S. 1
(2012), and Trevino v. Thaler, 569 U.S. 413 (2013), Miller now ... More...
   $0 (01-16-2018 - TN)

United States of America v. Paul Suarez Eastern District of Texas Federal Courthouse - Beaumont, Texas

A jury convicted Paul Suarez for his involvement in a drug trafficking
conspiracy and for firearms offenses. Suarez appeals contending that the
convictions were not supported by sufficient evidence. He also asserts that the
district court erred in imposing a 120-month (ten year) mandatory minimum
prison sentence for possession of a sawed-off shotgun in furtherance of a drug
tra... More...
   $0 (01-15-2018 - TX)

State of Wisconsin v. Michael L. Washington Wisconsin Supreme Court

The petitioner, Michael L. Washington ("Washington"), seeks review of a published court of
appeals decision affirming his judgment of conviction and the
circuit court's order denying his postconviction motion.1 He
asserts that the court of appeals erred in determining that, by his conduct, he waived his statutory right to be present at trial.

Washington specifically cont... More...
   $0 (01-13-2018 - WI)

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

STATE OF NEW MEXICO v. JOSHUA MAESTAS New Mexico Supreme Court

Following the altercation with Defendant, Barela received treatment for a
10 concussion at Presbyterian Medical Center and her doctor reported a domestic
11 incident to the police. While at the hospital, Deputy Metzgar of the Bernalillo County
12 Sheriff’s Department recorded his interview with Barela, who alleged that on
13 December 2, 2009, Defendant had physically abused her a... More...
   $0 (01-09-2018 - NM)

STATE OF OHIO - vs - CHAD A. MURRAY

On July 8, 2016, appellant was indicted for possession of heroin, a felony
of the fourth degree with a forfeiture specification – contraband (heroin). Appellant pled
not guilty. Subsequently, he filed a motion to suppress evidence, and the trial court held
a suppression hearing.
{¶3} The evidence revealed that on May 20, 2016, at about 10:00 a.m., Mentor
Police Officer B... More...
   $0 (01-04-2018 - OH)

UNITED STATES OF AMERICA v. BRAYAN GOMEZ United States Court of Appeals 2nd Circuit

In March 2014, Hartford police detective James Campbell and 10
Drug Enforcement Administration (“DEA”) special agent Michael 11
Schatz––members of a DEA task force––were investigating a large‐12
scale  heroin‐trafficking  organization  operating  out  of  Hartford.
Based  on  information  from  a  wiretap  and  cooperating  sources, 1
Campbell and Schatz suspect... More...
   $0 (12-30-2017 - CT)

UNITED STATES OF AMERICA v. JAMES PATTERSON Brockton man sentenced to 10 years for bank robbery spree

The following facts relevant to the issues on appeal are
not in dispute. In the spring and summer of 2014, five banks in
the Boston area were robbed. In each incident, witnesses reported
to law enforcement that the perpetrator covered his face, wore
dark sunglasses and plastic gloves, and made verbal demands for
cash. By the fifth robbery, local law enforcement agents a... More...
   $0 (12-30-2017 - MA)

In the Interest of E. C. A. and A. A. G., children v. Department of Family and Protective Services

In this accelerated appeal, appellant, J.I.A. (“Mother”), challenges the trial court’s decree terminating her parental rights to her minor children, E.C.A. and A.A.G. In six issues, Mother argues that the evidence was legally and factually insufficient to support (1) the termination of her rights under Texas Family Code section 161.001(b)(1)(D); (2) the termination of her rights under Texas Family... More...   $0 (12-28-2017 - TX)

UNITED STATES OF AMERICA v. JAMES MICHAEL WELLS United States Court of Appeals for the Ninth Circuit

Wells’ convictions arise out of the deaths of Richard W. Belisle and James A. Hopkins, federal employees and Wells’ co-workers at the United States Coast Guard (“USCG”) antenna maintenance facility, located at the USCG Communication Station (“COMMSTA”) on Kodiak Island, Alaska. COMMSTA consists of two main buildings: a large operations center, known as T1; and the antenna maintenance facility, or ... More...   $0 (12-21-2017 - AK)

United States of America v. James Michael Wells District of Alaska Federal Courthouse - Anchorage, Alaska

Defendant-Appellant James Michael Wells (“Wells”) appeals from his jury trial convictions for two counts of First Degree Murder, in violation of 18 U.S.C. § 1111(a), (b); two counts of Murder of a Federal Employee, in violation of 18 U.S.C. §§ 1114, 1111; and two counts of Use of a Firearm in Relation to a Crime of Violence Resulting in Death, in violation of 18 U.S.C. § 924 (c), (j). Wells was se... More...   $0 (12-20-2017 - AK)

Joseph Frank Tooker v. The State of Texas

During a traffic stop, Tooker was arrested after methamphetamine was discovered
by the investigating officers. Following the arrest, a trial was held in which the State called several
witnesses to the stand, including Chelsa Hazle, who was Tooker’s girlfriend at the time of the
incident, and Officer Morua, who initiated the traffic stop, and Tooker elected to take the stand and
te... More...
   $0 (12-17-2017 - TX)

In the Interest of L. D. child v. Department of Family and Protective Services

These appeals arise from a decree terminating the parental rights of both a mother and a father to their biological child, L.D. Both parents contend that the evidence was insufficient to support the trial court’s decree. The father additionally asserts that the evidence was insufficient to support the appointment of the
2
Department of Family and Protective Services, rather than the child’... More...
   $0 (12-14-2017 - TX)

United States of America v. James Patterson District of Massachusetts Federal Courthouse - Boston, Massachusetts

James Patterson appeals his
federal convictions, and resulting sentence, for five counts of
bank robbery in violation of 18 U.S.C. § 2113(a). He argues that
his convictions must be vacated because the District Court erred
in denying his motions for (1) a hearing pursuant to Franks v.
Delaware, 438 U.S. 154 (1978), regarding warrants that were issued
to install Global Positi... More...
   $0 (12-13-2017 - MA)

John Barna v. Board of School Directors of the Panther Valley School District Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

Plaintiff John Barna filed a lawsuit under 42 U.S.C. § 1983 alleging that the Panther Valley School Board (“School Board” or “Board”) and several of its officials violated his First Amendment rights by categorically banning him from
attending Board meetings after he was threatening and disruptive on several occasions. The Board and the individual officials moved for summary judgment. The Distr... More...
   $0 (12-13-2017 - PA)

Joan Mullin v. Karen Balicki Despite Lawyer's Error, Evidence of Guard-Encouraged Inmate Suicide Revives Lawsuit

During the early morning hours of January 17, 2009, New Jersey prisoner Robert Mullin hanged himself with a bedsheet that he had fashioned into a noose. The twentynine-year-old Robert had been in and out of prison for the better part of a decade, in part due to his ongoing struggles with substance abuse. While serving out his latest sentence at a halfway house, Robert was found in possession of ... More...   $0 (12-03-2017 - NJ)

Domenico Taglieri v. Michelle Monasky Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Our decision in this case is controlled by the 1980 Hague
Convention on the Civil Aspects of International Child Abduction (“Convention” or “Hague
Convention”), which dictates that a wrongfully removed child must be returned to the country of
habitual residence. Our precedent has demonstrated that where a child lives exclusively in one
country, that country is presumed to be the ch... More...
   $0 (11-30-2017 - OH)

Andrea Christine Folkers v. The State of Texas Court of Appeals, Ninth District of Texas at Beaumont

In her first issue, Folkers argues that the trial court abused its discretion by
allowing the State to amend the information on the day of the trial over her objection.
See Tex. Code Crim. Proc. Ann. art. 28.10 (West 2006). The Texas Code of Criminal
Procedure states that “[a]ll amendments of an indictment or information shall be
made with the leave of the court and under its d... More...
   $0 (11-27-2017 - TX)

STATE OF UTAH v. MICHAEL WADDELL JOHNSON Jury returns guilty verdict for Michael Waddell Johnson in 1998 killing

Michael Johnson was charged and tried for murder. At trial, Mr. Johnson requested an instruction for the lesser offense of homicide by assault. The trial court agreed and stated on the record that it would use the homicide by assault instruction submitted by Mr. Johnson. ¶3 The jury returned a guilty verdict on the murder charge, and Mr. Johnson appealed his conviction to the court of appeals. H... More...   $0 (11-26-2017 - UT)

Teresa Ann Hensley v. Michael Scott Price Western District of North Carolina Courthouse - Charlotte, North Carolina

Deputies Michael Price and Keith Beasley (collectively, the “Deputies”)—both employed by the Haywood County, North Carolina, Sheriff’s Department—shot and killed David Hensley outside his home on the morning of August 9, 2012. The plaintiffs—Hensley’s widow and two daughters—brought suit against the Deputies in both their individual and official capacities under 42 U.S.C. § 1983 and North Carolina... More...   $0 (11-25-2017 - NC)

LOWELL CLYDE MILNER v. STATE OF MISSOURI Sex Offender

On September 14, 2014, Movant pleaded guilty to two counts of failing to register as a
sex offender, in violation of Sections 589.400 and .425 (RSMo Cum. Sup. 2014). The court
sentenced Movant to 8 years of imprisonment, suspended execution of his sentence, and placed
him on 5 years of probation. On February 4, 2016, Movant's probation was revoked, his
sentence was executed; ... More...
   $0 (11-23-2017 - MO)

Cody Allen Waters v. The State of Texas Fight that left woman shot in head started over bathroom

At approximately 1:30 a.m. on January 24, 2014, Waters was at a restaurant and bar located
in a shopping center in north San Antonio. Waters was sitting at the bar visiting with one of the
bartenders, Jennifer Kirk. The bar was not crowded at that time; however, a group of six people,
Debbie and Jaime Arredondo, John and Yvonne Smithwick, Liliana Bergholtz, and Jeff Hoot, were More...
   $0 (11-22-2017 - TX)

GLORIA J. JACKSON, et al. v. THE UNITED STATES

In September 1889, the Georgia legislature granted the Eatonton & Machen Railroad Company a charter to “construct, lay out, maintain, equip and operate a line of railroad from the town of Eatonton, in Putnam county, to the town of Machen, in Jasper county, in this State . . . .” Pls.’ Mot. Summ. J. App. C, at C-4. The railroad’s charter incorporated Section 1689(l) of the Georgia Code, stating: <... More...   $0 (11-21-2017 - )

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