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Abandonment Law
 
Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a... More...
   $0 (04-20-2018 - HI)

Truitt Russell Cook v. The State of Texas

Appellant does not challenge the sufficiency of the evidence so we will mention
only so much of the background facts as necessary for our disposition of his issues. On
February 12, 2015, appellant and Tianna Insall robbed the A1 Smoke Shop in rural
Tarrant County. They wore dark glasses and bandannas. Appellant carried what the two
store employees called “a gun.” Once insid... More...
   $0 (04-19-2018 - TX)

Achikam Shapira v. Lifetech Resources

Appellant Achikam Shapira sued his former employer,
Lifetech Resources, LLC, for breach of an employment contract.
The case proceeded to a bench trial; the parties presented their
evidence and rested. The parties and court agreed that the
parties would submit closing arguments in written briefs. Before
Shapira submitted his closing argument brief, he requested that
the cour... More...
   $0 (04-18-2018 - CA)

Lisa Demargee v. Laura Pederson; Amy Van Ness District of Arizona Federal Courthouse - Phoenix, Arizona

As this court has stated repeatedly, families have a “wellelaborated
constitutional right to live together without
governmental interference.” Wallis v. Spencer, 202 F.3d
1126, 1136 (9th Cir. 2000); accord Kirkpatrick v. Cty. of
Washoe, 843 F.3d 784, 789 (9th Cir. 2016) (en banc); Burke
v. Cty. of Alameda, 586 F.3d 725, 731 (9th Cir. 2009); Rogers
v. Cty. of San Joaquin, 48... More...
   $0 (04-09-2018 - AZ)

THE SAUNDERS GROUP L.L.C. v. KAW VALLEY STATE BANK

The Saunders Group L.L.C. (Saunders) raises two issues on appeal: (1) whether the district court erred in dismissing Saunders' petition, and (2) whether the district court erred in assessing a $250 fine to Saunders' attorney. We affirm the district court based on Saunders' utter abandonment of these claims of error on appeal.

The facts are well known to the parties and their attorneys ... More...
   $0 (04-02-2018 - KS)

STATE OF NEW JERSEY v. RICKY RICHARDSON, a/k/a MARK RICHARDSON

Defendant Ricky Richardson appeals from the denial of his
motion to suppress controlled dangerous substances that Detective
Keith Walcott of the New Brunswick Police Department found inside
an opaque plastic bag defendant allegedly tossed out a window just
after police entered the house, in which he was located, to execute
an arrest warrant for unrelated individuals. He a... More...
   $0 (03-31-2018 - NJ)

STATE OF LOUISIANA V. KYVONTE LATRELL EAGLIN

The defendant, Kyvonte Latrell Eaglin, attended a party at the American
Legion Hall in Jennings on August 8, 2015. An altercation broke out, and a group
moved outside. The defendant went to his vehicle and retrieved a gun. Shots from
one or more firearms were fired, and the victim, Jawon Lennette, was killed.
The defendant was indicted for second degree murder, a violation o... More...
   $0 (03-30-2018 - LA)

Chad Barnes v. Sea Hawaii Rafting, L.L.C. Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the ancient maritime remedy of maintenance and cure,1 among other relief, Barnes su... More...   $0 (03-29-2018 - HI)

STATE OF KANSAS v. TAYLOR ARNETT

On January 8, 2013, Taylor Arnett lent her mother's car to Joseph Stroble and Brandon Bryant so the two could break into houses. Allegedly, Stroble and Bryant then burglarized two different houses, damaging one in the process, and stole over $50,000 worth of property. Stroble returned the car to Arnett later that evening and gave her $200.

Arnett pleaded guilty to conspiracy to commit ... More...
   $0 (03-27-2018 - KS)

LAZARO V. GUERRA-HERNANDEZ vs. STATE OF MISSOURI

On June 8, 2015, Guerra-Hernandez was charged by an amended information with three
counts: 1) second-degree assault of a law enforcement officer; 2) driving while intoxicated; and
3) driving while license was revoked. Guerra-Hernandez pled guilty on all counts. On July 20,
2015, judgment was entered finding Guerra-Hernandez guilty on all charges. On July 29, 2015,
... More...
   $0 (03-24-2018 - MO)

Haskell G. Greer, et al. v. City of Highland Park, Michigan, et al. Eastern District of Michigan Countroom - Ann Arbor, Michigan

Individual defendants (“the officers”) in this 42 U.S.C. § 1983
matter appeal the district court’s denial of their motion for judgment on the pleadings based on
>
No. 17-1281 Greer, et al. v. City of Highland Park, Mich., et al. Page 2
qualified immunity. Because we find that the complaint states a plausible claim that the officers
violated the plaintiffs’ clearly established F... More...
   $0 (03-06-2018 - MI)

United States of America v. D'Hati Coleman, a/k/a Q District of Maine Federal Courthouse - Bangor, Maine

The overriding question in this
appeal is whether the district court appropriately denied an
offense-level reduction for acceptance of responsibility under the
sentencing guidelines. The answer to this question depends, in
large part, on whether the court appropriately found certain
conduct to be "relevant conduct" within the meaning of USSG §1B1.3.
Here, however, a procedu... More...
   $0 (02-28-2018 - ME)

Leonid Goncharov v. UBER Technologies, Inc.

Plaintiffs Leonid Goncharov, Mohammed Eddine, Alan Freberg, Trevor Johnson,
Peter Kirby, and Jeremy Watt filed a putative class action lawsuit against Uber
Technologies, Inc. (Uber) for providing unlicensed transportation services that
appropriated passengers and income from licensed taxicab drivers. In the second
amended complaint (SAC), plaintiffs alleged Uber failed to comply wi... More...
   $0 (01-30-2018 - CA)

STATE OF OHIO v. MONICA L. FOWLER

The Ross County Grand Jury returned an indictment charging Monica
Fowler with one count of possession of cocaine in violation of R.C. 2925.11, a first
degree felony.
{¶4} Through her appointed trial counsel, Fowler filed a motion to suppress “all
evidence obtained as a result of the unlawful and illegal warrantless arrest by the Ohio
State Highway Patrol.” Her motion raise... More...
   $0 (01-29-2018 - OH)

United States of America v. Ricky Olson Western District of Wisconsin Federal Courthouse - Madison, Wisconsin

We do not know whether Ricky Olson entered a voluntary and intelligent guilty plea on September 9, 2016, because the district court never asked the right questions. Several weeks earlier, the court had granted Olson’s motion to withdraw his guilty plea and to proceed to trial. But matters did not rest there. Instead, on September 9 the district court brought the motion to withdraw the guilty
2... More...
   $0 (01-27-2018 - WI)

Toll Processing Services, LLC v. Kastalon, Inc. and Pastalon Polyurethane Products Northern District of Illinois Courthouse - Chicago, Illinois

Toll Processing Services, LLC (“Toll Processing”) appeals from the district court’s order granting summary judgment in favor of Kastalon, Inc. and Kastalon
* The Honorable Pamela Pepper, United States District Court for the Eastern District of Wisconsin, sitting by designation.
2 No. 15-3187
Polyurethane Products (collectively, “Kastalon”) on Toll Processing’s conversion and negligence... More...
   $0 (01-25-2018 - IL)

Lisa Demaree v. Laura Pederson; Amy Van Ness District of Arizona Federal Courthouse - Phoenix, Arizona

As this court has stated repeatedly, families have a “wellelaborated
constitutional right to live together without
governmental interference.” Wallis v. Spencer, 202 F.3d
1126, 1136 (9th Cir. 2000); accord Kirkpatrick v. Cty. of
Washoe, 843 F.3d 784, 789 (9th Cir. 2016) (en banc); Burke
v. Cty. of Alameda, 586 F.3d 725, 731 (9th Cir. 2009); Rogers
v. Cty. of San Joaquin, 48... More...
   $0 (01-23-2018 - AZ)

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)

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)

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