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Assault and Battery Law
 
James Dalton Smith v. The State of Texas Indecency with a child by sexual contact

James Dalton Smith appeals his conviction of one count of continuous sexual abuse of a
child younger than fourteen and two counts of indecency with a child by sexual contact. A jury
found appellant guilty and sentenced him to thirty years’ confinement on the continuous sexual
abuse count and four years’ confinement on each indecency count. In eight issues, appellant argues
th... More...
   $0 (07-17-2018 - TX)

Ector Antonio Soza v. The State of Texas Court of Appeals Fifth District of Texas at Dallas

The State indicted appellant for the offense of aggravated sexual assault of a child younger
than fourteen years of age. Appellant entered a plea of “not guilty” and proceeded to a jury trial.
Appellant testified at trial and denied having performed the unlawful act as alleged in the
indictment and as testified to by the complainant. The jury found against appellant and returned ... More...
   $0 (07-17-2018 - TX)

Scott Robinett v. City of Indianapolis, et al. Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Scott Robinett and the City of Indianapolis were codefendants in a civil-rights action. Robinett, a police officer, was accused of failing to intervene in an escalating domestic dispute between two fellow police officers. The dispute ended violently in a tragic murder-suicide, and the murder victim’s estate asserted claims against Robinett and the City under 42 U.S.C. § 1983 and Indiana law. They ... More...   $0 (07-17-2018 - IN)

Theresa Mason-Funk v. City of Neenah, et al. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Brian Flatoff’s decision to take individuals hostage at a
motorcycle shop in Neenah, Wisconsin,
had tragic consequences for Michael Funk. After managing
to escape from Flatoff, Funk was shot and killed in the alleyway
behind the shop by two officers of the Neenah Police
2 No. 17‐3380
Department (NPD), Craig Hoffer and Robert Ross. Unfortunately,
they mistakenly b... More...
   $0 (07-17-2018 - WI)

Pervis Lee Andrews Jr. v. The State of Texas

Appellant was driving a car in the parking lot of the Lincoln Square
shopping center in Arlington, around 2:00 a.m. when several bars located in the
shopping center were closing. His wife was a passenger in his car. Dustin
McGee was driving a car in the opposite direction, and he turned in front of
appellant’s car so that his passenger, Terrance Jackson, was facing appellant’... More...
   $0 (07-16-2018 - TX)

STATE OF KANSAS v. RICK HILL

Pursuant to a plea agreement, Hill was convicted by the Geary County District Court of three counts of aggravated assault arising out of an incident on April 22, 2014. The sentencing court found that Hill's criminal history score was A, based in part on classifying three prior Missouri second-degree burglary convictions arising out of a 2004 case as person offenses. The sentencing court followed t... More...   $0 (07-16-2018 - KS)

STATE OF KANSAS v. NICHOLAS WAYNE FAGLIE

On January 25, 2016, Kristopher Schultz was at Charlie's Place, a bar in Emporia, Kansas. Schultz' friend, Christopher Walburn, was drinking with him in the bar. Faglie also went to Charlie's Place that night with his friend, Dustin Dingman. During the evening, the four men—Schultz, Walburn, Faglie, and Dingman—were drinking shots and other alcoholic beverages at the bar. The bartender noticed som... More...   $0 (07-16-2018 - KS)

STATE OF KANSAS v. KEITH A. GLOVER Aggravated indecent liberties with a child

E.G.W., the victim, was 14 years old when she met 20-year-old Glover through a mutual friend. The two spoke frequently through Facebook. In at least one of those conversations, E.G.W. and Glover talked about sex. Sometime between May and June 2015, Glover and E.G.W. agreed to meet a couple blocks from Glover's home. That same day, E.G.W. and Glover went inside Glover's home and engaged in sexual i... More...   $0 (07-16-2018 - KS)

STATE OF KANSAS v. ALTON SILVERSON

Silverson was charged with several crimes resulting from an incident that occurred at the Kunkle residence, where Rita and David lived with their adult daughter, Ruth. The events were recounted by the Kunkle family at trial.

As Rita and Ruth were returning home from the grocery store on the evening of December 2, 2015, they saw a car pull into a driveway across the street. Rita went in... More...
   $0 (07-16-2018 - KS)

LARRY M. SLUSSER v. UNITED STATES OF AMERICA UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Slusser pleaded guilty in 2011 to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). As part of his plea agreement, Slusser waived his right to “file any motions or pleadings pursuant to 28 U.S.C. § 2255 or to collaterally attack [his] conviction[] and/or resulting sentence,” except challenges involving ineffective assistance of counsel or prosecutorial misconduct. The... More...   $0 (07-15-2018 - )

UNITED STATES OF AMERICA v. JOSEPH KELVIN ABERANT

We review a defendant’s sentence “under a deferential abuse-of-discretion standard.” Gall v. United States, 552 U.S. 38, 41 (2007). Under this standard, a sentence is reviewed for both procedural and substantive reasonableness. Id. at 51. In determining procedural reasonableness, we consider whether the district court properly calculated the defendant’s advisory Guidelines range, gave the ... More...   $0 (07-15-2018 - NC)

Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds, ex rel State of Iowa and Iowa Board of Medicine SUPREME COURT OF IOWA

In this appeal, we must decide if the constitutional right of women to choose to terminate a pregnancy is unreasonably restricted by a statute that prohibits the exercise of the right for a period of seventy-two hours after going to a doctor. In making this decision, we recognize the continuing debate in society over abortion and acknowledge the right of government to reasonably regulate the const... More...   $0 (07-15-2018 - IA)

UNITED STATES OF AMERICA - v - EDWIN HERNANDEZ, AKA Scooby, AKA Masacre

The present prosecution arises out of shootings on October 23, 2011, in 3 Central Islip, New York, in which Robert Faber and Curtis Williams were injured. 4 The operative indictment charged Hernandez in six counts, three with respect to each 5 victim. Counts Four and Five alleged that Hernandez, for the purpose of gaining 6 entrance to, and maintaining or increasing his position in, MS-13, atte... More...   $0 (07-15-2018 - NY)

BURGESS MASSEY v. UNITED STATES OF AMERICA

After the Supreme Court denied his petition for a writ  of certiorari, Massey v. United States, 549 U.S. 1136 (2007),  Massey filed his first motion for relief pursuant to 28 U.S.C.  § 2255, Massey v. United States, 08‐924, 2009 WL 1285991  (S.D.N.Y.  Apr.  23,  2009).  The  District  Court  denied  his  motion  and  did  not  issue  a  certificate  of  appealability,  finding that his three... More...   $0 (07-15-2018 - )

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

Ricky Griffitts vs. Old Republic Insurance Company, BNSF Railway Company, and James M. Campbell Missouri Supreme Court - Jefferson City, Missouri

Appellant Ricky Lee Griffitts (“Griffitts”) was rear-ended by James Campbell (“Campbell”), an employee of BNSF Railway Company (“BNSF”), in Springfield, Missouri. Campbell was driving a BNSF company vehicle and was intoxicated at the time of the collision. Numerous lawsuits ensued, including the instant equitable garnishment action that Griffitts filed against BNSF and its insurer, Old Republic (c... More...   $0 (07-15-2018 - MO)

United States of America v. Reginald Edward Green Eastern District of Texas Federal Courthouse - Beaumont, Texas

Beaumont, TX - Federal Inmate Guilty of Assaulting Prison Guard at Beaumont Facility

A jury has found a 31-year-old federal inmate guilty of assaulting a correctional officer in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.

Reginald Edward Green, of Washington, D.C., was found guilty of assault on a federal officer following a two-day trial before... More...
   $0 (07-15-2018 - TX)

MICHAEL ROBBINS vs STATE OF FLORIDA

The state charged the defendant with aggravated battery with a firearm. The evidence showed that the defendant was involved in an argument with a man who was hanging out with a small group of people outside of a business. The defendant eventually got a gun from his nearby truck, fired two shots towards the group, and drove off. One of the shots struck a woman in the group.

Defendant ... More...
   $0 (07-14-2018 - FL)

DANIEL DUANE SLAUGHTER vs STATE OF FLORIDA

Daniel Duane Slaughter appeals his convictions and sentences for three charges involving the lewd or lascivious molestation of a child under the age of twelve. Appellant raises two points on appeal. First, Appellant argues that the trial court abused its discretion in overruling defense counsel’s objection to the prosecutor’s alleged misstatement of the law during closing argument. Second, Appe... More...   $0 (07-14-2018 - FL)

Jose Sardinas vs. Daniel Junior, Director, Miami-Dade Corrections and Rehabilitation Department, and The State of Florida Third District Court of Appeal

Mr. Sardinas was arrested on January 15, 2018 and charged with aggravated
assault with a deadly weapon. Since that time, Mr. Sardinas has failed to comply
with the conditions of his pretrial release on at least three separate occasions. His
most recent arrest stems from an alias capias issued on December 4, 2015 and
served on June 15, 2018.
On June 24, 2018, Mr. Sardina... More...
   $0 (07-14-2018 - FL)

Milton Jackson vs. The State of Florida

On August 19, 2015, the victim was walking with a friend to a neighbor’s
house around the corner when Jackson pulled up in his car and called the victim
over to talk with him. Jackson and the victim had previously been in an on-again,
off-again relationship. The victim told Jackson that she would talk with him when
she returned from the neighbor’s house. When the victim retu... More...
   $0 (07-14-2018 - FL)

Carl Lewis Burns vs State of Florida

Appellant admitted in his recorded pre-trial confession, and at trial, that he was aware that the victim had been sexually abused previously by two separate men including her biological father, giving rise to legal proceedings culminating in her adoption into Appellant’s family. The victim testified that after Appellant and his wife adopted her, Appellant raped her two or three times a week for ov... More...   $0 (07-14-2018 - FL)

DIEGO TAMBRIZ-RAMIREZ vs. STATE OF FLORIDA

The facts of the case as set forth in the Fourth District’s opinion below are as
follows:
[In 2010, a]rmed with a knife and using a shirt as a mask, appellant broke into the victim’s home at night and attempted to sexually batter her. The victim testified that during the attack, appellant put the knife to her face and neck. The victim fought off the attacker and, after pulling off the... More...
   $0 (07-14-2018 - FL)

State of Tennessee v. Roy Lee Branner

In case number 13716, the Defendant was charged with one count of violating the HMVO law, one count of DUI, and one count of violation of the implied consent statute. In case number 13717, he was charged with one count of violating the HMVO law, one count of DUI, two counts of leaving the scene of an accident, one count of possession of drug paraphernalia, one count of evading arrest, one count o... More...   $0 (07-14-2018 - TN)

State of Tennessee v. Darrin Paul Deckard

On December 15, 2014, the Defendant was convicted of theft of property valued over $1,000 and sentenced to four years of supervised probation. We glean from the record that this conviction arose from a guilty plea involving other convictions and resulting in an effective six-year sentence. The only judgment form included in the record on appeal is for the theft conviction, and on appeal, the Def... More...   $0 (07-14-2018 - TN)

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