M ORE L AW
LEXAPEDIA
Salus Populi Suprema Lex Esto

Information
About MoreLaw
Contact MoreLaw

Abuse of Process Law
 
STATE OF KANSAS v. DANIEL BARLETT

At trial, the witnesses presented varying and sometimes conflicting versions of the context that led to this prosecution. We have pared down the factual background to what we deem important for resolution of the issues.

Around 2007, Barlett and Chad Ford formed a rap group called Wicked Wayz. Unable to agree on finances, Barlett and Ford ended their venture in 2010 or 2011. Barlett cont... More...
   $0 (06-22-2018 - KS)

MONTANA MINING ASSOCIATION v. THE STATE OF MONTANA

The Montana Mining Association (MMA) challenges the Attorney General’s
determination that Initiative 186 (I-186) is legally sufficient in an original proceeding
before this Court. This Court has “original jurisdiction to review ...the attorney general’s
legal sufficiency determination in an action brought pursuant to 13-27-316.” Section
3-2-202(3)(a), MCA. We conclude this ... More...
   $0 (06-22-2018 - MT)

UNITED STATES OF AMERICA v. FLORA ESPINO

Espino worked as a tax preparer for a real estate broker in Spring Valley, California. One borrower, Sean Desmond, served as a police officer at the Chula Vista Police Department. In 2006 he attempted to buy a $1.6 million home. As a police officer, his salary was $90,000 at the time. To assist him with qualifying for this loan, he worked with a broker named Jesse Rodriguez to prepare the loan ... More...   $0 (06-22-2018 - CA)

UNITED STATES OF AMERICA v. DAVID WESLEY REINHART

David Reinhart was convicted of two counts of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). A defendant convicted of this offense who has “a prior conviction . . . under the laws of any State relating to . . . the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography” is subject to a ten-year mandatory minimum s... More...   $0 (06-22-2018 - CA)

UNITED STATES OF AMERICA v. FRANK MICHAEL SUSANY, JR UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Between February and April 2013, Susany entered into a conspiracy with Robert Courtney and James Quinn to obtain explosives that would be used to crack safes at jewelry stores and coin shops. The trio planned to obtain funds to finance their initial purchase of explosives by breaking into jewelry stores and coin shops to steal valuable items. On February 13, 2013, Susany and Quinn met with a con... More...   $0 (06-22-2018 - OH)

UNITED STATES OF AMERICA v. ARTURO LUCIANO RAMIREZ

Counsel questions whether the district court complied with Rule 11 in accepting
Ramirez’s guilty plea but does not identify any specific error committed during the plea
hearing. Because Ramirez did not move in the district court to withdraw his guilty plea,
we review this issue for plain error. United States v. Sanya, 774 F.3d 812, 815 (4th Cir.
2014). To establish plain err... More...
   $0 (06-22-2018 - NC)

Natasha Meeks v. Autozone, Inc

Plaintiff and appellant Natasha Meeks contends that she suffered sexual
harassment on the job. She brought suit against her employer, defendant and appellant
AutoZone, Inc. (AutoZone), and the alleged harasser, defendant and appellant Juan
Fajardo, pursuing claims of sexual harassment, failure to prevent sexual harassment, and
retaliation in violation of the Fair Employment and Hou... More...
   $0 (06-22-2018 - CA)

UNITED STATES OF AMERICA v. CHISTOPHER WELSHANS

In February 2014, the Pennsylvania Office of Attorney General determined that child pornography was being shared by an Internet Protocol (IP) address associated with a subscriber later identified as Welshans’s aunt. Law enforcement agents executed a search warrant on her home on March 21, 2014 at 7:30 a.m. The agents found no child pornography, but learned that Welshans, who lived nearby, used t... More...   $0 (06-21-2018 - PA)

Michelle Dimanche v. Massachusetts Bay Transportation Authority, et al. District of Massachusetts Federal Courthouse - Boston, Massachusetts

The Massachusetts Bay
Transportation Authority ("MBTA") appeals from the entry of a jury
verdict awarding over $2.6 million in damages to a black female
former employee who brought suit under 42 U.S.C. § 1981 and Mass.
Gen. Laws ch. 151B, § 4. She alleges, inter alia, that her
supervisors at the MBTA conspired to terminate her employment
because of her race. The jury awarde... More...
   $0 (06-21-2018 - MA)

Kayla Doherty v. Merck & Co., Inc. The United States of America District of Maine Federal Courthouse - Bangor, Maine

Kayla Doherty became pregnant
while supposedly protected by a contraceptive implant manufactured
by Merck & Co., Inc. After she gave birth to a healthy child, she
brought this lawsuit against Merck, claiming that the implant
and/or its applicator were defective. She also sued the federal
government under the Federal Tort Claims Act, claiming that her
doctor at a federally-f... More...
   $0 (06-21-2018 - ME)

ALEXINA SIMON —v.— CITY OF NEW YORK, FRANCIS LONGOBARDI, Queens County Assistant District  Attorney, DETECTIVE EVELYN ALEGRE, DETECTIVE DOUGLAS LEE

This case takes us to the intersection of an allegedly wrongful arrest and  detention on a material witness warrant, the Fourth Amendment, and qualified  immunity. Plaintiff Alexina Simon brought this action in the United States District  Court for the Eastern District of New York (Vitaliano, J.) under 42 U.S.C. § 1983,  claiming that a state prosecutor and two police officers falsely arrested and... More...   $0 (06-21-2018 - )

UNITED STATES OF AMERICA v. EDWIN CABRERA-RIVERA United States Court of Appeals For the First Circuit

Appellant Edwin Cabrera-Rivera
("Cabrera") was charged in a two-count indictment with production
and possession of child pornography. In a deal with the
government, he agreed to plead guilty to the possession count --
an offense with no mandatory minimum sentence -- and the government
agreed to dismiss the production count -- an offense with a
mandatory fifteen-year ... More...
   $0 (06-21-2018 - )

MARCUS DEONTE STRONG v. STATE OF FLORIDA

Appellant challenges his sentences imposed after his open plea to the court, contending that the trial court relied on factors unsupported by the evidence in the case. The trial judge attributed to the defendant crimes for which he had not been arrested or charged, nor for which there was any evidence of his involvement. Consideration of unproven criminal activity violates due process. We there... More...   $0 (06-21-2018 - FL)

Carlos G. Bertonatti vs. The State of Florida

At approximately 8:00 a.m., Bertonatti veered his vehicle into the bicycle
lane on Bearcut Bridge; struck and killed a bicyclist, Christophe Lecanne; failed to
stop or attempt to render aid to Mr. Lecanne; and subsequently fled from the police
when they pursued and tried to stop him with lights and sirens activated. The
evidence revealed that the impact to the bicycle and to ... More...
   $0 (06-21-2018 - FL)

Sergio M. Hernandez, III vs. The State of Florida

Defendant, Sergio Hernandez, III, appeals from his judgment and sentence
for domestic battery by strangulation and false imprisonment. As his sole issue on
appeal, Hernandez contends that the trial court committed fundamental error in its
determination of Hernandez’s competency to proceed. Specifically, Hernandez
asserts that the trial court failed to make an independent asse... More...
   $0 (06-21-2018 - FL)

Rehabilitation Center at Hollywood Hills, LLC vs State of Florida, Agency For Health etc.

On September 13, 2017, AHCA issued the Immediate Moratorium on Admissions, which prohibited the facility from “admit[ting] for services any individual.” The order made the following factual findings: a. On September 10, 2017, [the facility] became aware that its air conditioning equipment had ceased to operate effectively. b. In addition to contacting the local electrical power provider, [the fa... More...   $0 (06-21-2018 - TN)

State of Tennessee v. Marquel Stewart

The instant offense occurred on August 11, 2013, as Kyle Foster, the victim, was withdrawing money from an automated teller machine (ATM). A t that time, the Defendant robbed the victimat gunpointand attempted to escape in the victim’s car. The Defendant could not start the car, ran behind a nearby building, and then into a forest across the street. The police were called, and, followinga K-9 s... More...   $0 (06-21-2018 - TN)

Nathaniel Walker v. State of Tennessee

On June 23, 2015, the Petitioner pled guilty to aggravated assault, aggravated burglary, and employing a firearm during the commission of a felony in exchange for concurrent, three-year sentences for the aggravated assault and aggravated burglary convictions and a six-year sentence for employing a firearm during the commission of a felony to run consecutively to the three-year sentences and concur... More...   $0 (06-21-2018 - TN)

South Dakota v. Wayfair, Inc. SUPREME COURT OF THE UNITED STATES

When a consumer purchases goods or services, theconsumer’s State often imposes a sales tax. This case requires the Court to determine when an out-of-stateseller can be required to collect and remit that tax. All concede that taxing the sales in question here is lawful. The question is whether the out-of-state seller can be held responsible for its payment, and this turns on a proper interpretation... More...   $0 (06-21-2018 - SD)

State of Tennessee v. Kentrell Lebron Lindsey

The Defendant was charged with possession of dihydrocodeinone with the intent to sell or deliver, possession of oxycodone with the intent to sell or deliver, possession of a firearm with the intent to go armed during the commission of a dangerous felony, possession of less than one-half ounce of marijuana, driving on a cancelled, suspended, or revoked license, and speeding. The Defendant entered ... More...   $0 (06-21-2018 - TN)

Edward Wilson v. State of Tennessee COURT OF CRIMINAL APPEALS OF TENNESSEE

The record in the instant case does not contain the indictments or technical record from the underlying charges, but we glean from the plea hearing that the Petitioner’s pleas arose from offenses committed on three separate dates in 2015. The Petitioner was charged with committing on March 23, 2015, the offenses of driving on a suspended license and violation of the financial responsibility law. ... More...   $0 (06-21-2018 - TN)

Jyll Brink v. Raymond James & Associates, Inc. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Jyll Brink appeals the district court’s dismissal of her putative class action complaint. She argues that the district court erred in determining that her state law claims for negligence and breach of contract against Raymond James and Associates, Inc. (“RJA”) were precluded under Title I of the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”), which prohibits class actions alleging s... More...   $0 (06-21-2018 - FL)

Sandra Slater v. U.S. Steel Corporation Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Sandra Slater failed to disclose to the Bankruptcy Court in her pending Chapter 7 case the employment discrimination claims she was prosecuting in the instant case against U.S. Steel Corporation. Upon discovering Slater’s failure to disclose the claims to the Bankruptcy Court, U.S. Steel, citing our precedent in Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282 (11th Cir. 2002), moved the District Cou... More...   $0 (06-21-2018 - AL)

Dennis Haynes v. Hooters of America, L.L.C. United States District Court for the Southern District of Florida - Miami, Florida

At issue in this appeal is whether the plaintiff’s claims for declaratory and injunctive relief pursuant to Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181, et seq., are moot due to the fact that the defendant entered into a remediation plan as a result of a settlement between the defendant and a different plaintiff in an almost identical earlier-filed suit. After thorough revi... More...   $0 (06-21-2018 - FL)

United States of America v. Raman Handa District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - In this case, we affirm dismissal
of the added charge in a superseding indictment on Sixth Amendment
speedy trial grounds. On the facts of this case, we hold that the
constitutional speedy trial clock starts to run from the date of
the original indictment, rejecting the government's assertion that
it runs from the date of the charge first brought in the
superse... More...
   $0 (06-20-2018 - MA)

Next Page

 
 
Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2018 MoreLaw, Inc. - All rights reserved.