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Automobile Accident Law
 
State of Tennessee v. Curtis Morris

On January 8, 2013, a Shelby County grand jury returned indictment No. 1300001, charging the defendant with first-degree murder during the perpetration of aggravated child abuse, first-degree murder during the perpetration of aggravated child neglect, aggravated child abuse of a child eight years of age or less, and aggravated child neglect of a child eight years of age or less. The victim in the... More...   $0 (05-22-2018 - TN)

STATE OF OHIO - vs - JUSTIN HAWKINS

At approximately 3:00 a.m. on May 20, 2016, Patrolman Jeffery Heinz, a 14
year veteran police officer with the city of Washington Court House, was finishing up a traffic
stop on Draper Street when a black GMC SUV driven by appellant passed his patrol car.
Heinz's onboard license plate reader captured the license plate of the vehicle, and Heinz ran
the license plate number thro... More...
   $0 (05-21-2018 - OH)

State of Ohio v. Shaniece M. Cox

On January 16, 2015, a Franklin County Grand Jury charged Cox and a codefendant, Kareem Jones, with possession of heroin and tampering with evidence. (Jan. 16, 2015 Indictment.) The indictment included a one-year firearm specification for the possession charge. Id. {¶ 3} The defense filed motions to suppress on December 1, 2015 and May 19, 2017 seeking exclusion of statements made by Cox to pol... More...   $0 (05-21-2018 - OH)

CITY OF KETTERING v. WILLIAM J. MASTON

At approximately 2:00 a.m. on March 28, 2016, Maston was a passenger in
a vehicle driven by Hannah Tincher. As Tincher was driving on East Dorothy Lane in
Kettering, Officer Devin Maloney initiated a traffic stop due to a traffic violation. After
back-up arrived, Maloney conducted a free-air sniff by his canine partner, Jax. Jax
alerted to an odor of narcotics, and the offi... More...
   $0 (05-20-2018 - OH)

Susanna Conlin v. State of Indiana Indiana Court Of Appeals

Susanna Conlin appeals from her conviction of operating a vehicle while intoxicated endangering a person,1 a Class A misdemeanor. She argues the trial
court erred by misapplying a statutory presumption in favor of the State and by
abusing its discretion in the admission of evidence.
[2] The following issues are presented for our review:
1. Did the trial court misapply a stat... More...
   $0 (05-20-2018 - IN)

ANTHONY R. BORKOVEC vs. DISH NETWORK CORPORATION and GALLAGHER BASSETT SERVICES, INC

On July 26, 2009, a drunk driver crossed the centerline and hit Borkovec’s
vehicle head-on. The crash resulted in significant work-related injuries to Borkovec
and killed the other driver’s son. Borkovec’s right femur, patella of his right knee,
and right heel bone were fractured; he suffered contusions to his chest, broken
ribs, and nerve damage in his right knee and foot. ... More...
   $0 (05-19-2018 - IA)

STATE OF IOWA vs. JOSEPH ANTHONY SPENCER COURT OF APPEALS OF IOWA

At approximately 11:50 p.m. on April 29, 2016, Des Moines Police Officers
Danner and Harden observed a white Buick drive past them with a non-functioning
rear left license plate lamp. The officers followed the vehicle. While the Buick was
stopped for a red light, the officers turned off their patrol vehicle’s lights to verify
the license plate light was not functioning. Afte... More...
   $0 (05-19-2018 - IA)

Tommy Dowdy and Sharon Morris-Dowdy v. Metropolitan Life Insurance Company Northern District of California Federal Courthouse - San Francisco

In 2014, Appellant Tommy Dowdy suffered a serious
injury to his left leg as the result of an automobile accident.
His leg was eventually amputated below the knee. Mr.
Dowdy and his wife, Sharon Morris-Dowdy, sought
accidental dismemberment benefits under an employee
welfare benefit plan governed by the Employee Retirement
Income Security Act of 1974 (“ERISA”). Appellee
... More...
   $0 (05-19-2018 - CA)

Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

Rodney Sanchez Lopez v. The State of Texas Texas Eighth District Court of Appeals

Lopez was charged with possession with intent to deliver heroin (four grams or more, but
less than 200 grams).1 A jury found him guilty and Lopez was sentenced to fifteen years’
imprisonment. Lopez appeals his conviction based on the trial court’s denial of his (1) motion for
continuance of the trial, and (2) motion to suppress.
The Stop
On July 19, 2013, Trooper John Da... More...
   $0 (05-17-2018 - TX)

Benjamin Poehlmann v. The State of Texas

On December 25, 2014, San Antonio police officers responded to a 9-1-1 call, reporting a
shooting in progress at a home where Poehlmann, his girlfriend Roxann Sanchez, and his sister
Christina lived. Poehlmann and Roxann lived in an addition to the house, which was located next
to the kitchen of the main house and could only be accessed from the kitchen. The addition was
comp... More...
   $0 (05-16-2018 - TX)

Elizabeth A. Clemons v. Norton Healthcare, Inc. Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This appeal is the latest installment in an ERISA litigation
saga that has spanned almost ten years. At the risk of oversimplifying their case, the Plaintiff–
Retirees claim that Defendant Norton Healthcare, Inc. Retirement Plan (“Norton”) underpaid
them under the terms of the plan. The district court found that the plan was unambiguous in the
Retirees’ favor. We agree with the dis... More...
   $0 (05-16-2018 - KY)

Matthew Gary Richardson v. United States of America Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Petitioner Matthew Richardson appeals the district
court’s denial of his 28 U.S.C. § 2255 motion to set aside his sentence, challenging his
>
No. 17-5517 Richardson v. United States Page 2
designation as an armed career criminal under 18 U.S.C. § 924(e), the Armed Career Criminal
Act (“ACCA”). We AFFIRM.
I. BACKGROUND
In 2012, after attempting to sell a sawed-off shotgu... More...
   $0 (05-16-2018 - TN)

Kerrie Reilly v. Marin Housing Authority

Kerrie Reilly lives with her severely disabled adult daughter in housing subsidized
by the Marin Housing Authority (MHA). The family participates in the Housing Choice
Voucher program, commonly known as Section 8, which MHA administers according to
the rules and regulations of the United States Department of Housing and Urban
Development (HUD). As a Section 8 participant, Kerrie Re... More...
   $0 (05-16-2018 - CA)

Lorenzo Emanuel v. The State of Texas

Around 5:00 a.m. on February 28, 2016, an inmate-related disturbance in
the Denton County Jail’s Special Housing Unit delayed distribution of the
inmates’ breakfast trays.2 When inmate Emanuel eventually received his tray, he
complained that his breakfast was cold and requested a “Johnny Sack”—an
alternative inmate meal that is served in a brown paper bag, usually containing a ... More...
   $0 (05-15-2018 - TX)

DOMINO’S PIZZA, LLC. v. YVONNE WIEDERHOLD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD E. WIEDERHOLD

In January 2011, Richard Wiederhold swerved into the median to avoid a vehicle
that had pulled out in front of him. His vehicle drifted through the median and back across
the roadway, flipped over once or twice, and came to rest in a ditch. The collision
immediately rendered him a quadriplegic. The other vehicle was driven by Jeffrey Kidd,
who was delivering pizza for Domino... More...
   $0 (05-15-2018 - FL)

ALVIN ARTEAGA vs STATE OF FLORIDA

Alvin Arteaga appeals from a final order denying his motion and amended motion for postconviction relief. Some of the claims in these motions were denied after an evidentiary hearing, while others were denied summarily. We affirm the denial of all
- 2
but one claim without comment. We reverse the summary denial of a single claim for ineffective assistance of counsel based on trial cou... More...
   $0 (05-14-2018 - FL)

STATE OF OHIO vs. GREG RUCKER

In 2016 Rucker and codefendant Nicholas Kraft were charged with three
counts of aggravated robbery, three counts of kidnapping and one count of having
weapons while under disability. Kraft plead guilty to two counts of aggravated robbery1
and agreed to testify against Rucker. The case against Rucker proceeded to a jury trial.
{¶3} Evidence was presented that between 3:30 a.m.... More...
   $0 (05-14-2018 - OH)

State of Ohio v. George Barton

Appellant, George Barton, sets forth the following three assignments of
error:
I. The trial court erred to the prejudice of appellant in denying his
Crim.R. 29 motion.
II. The court’s verdict was against the manifest weight of the
evidence.
III. Appellant received ineffective assistance of counsel.
{¶ 4} The following undisputed facts are relevant to this appe... More...
   $0 (05-14-2018 - OH)

Mark Burns v. Daniel P. Martuscello, Jr., et al. Northern District of New York Federal Courthouse - Syracuse, NY

12 Plaintiff‐Appellant Mark Burns appeals from a February 10, 2015 decision
13 and order of the United States District Court for the Northern District of New
14 York (Kahn, J.), adopting the report‐recommendation of the magistrate judge
15 (Hummel, M.J.) in its entirety, and granting summary judgment to defendants.
16 Burns brought several Section 1983 claims, alleging ... More...
   $0 (05-14-2018 - NY)

Bryan Blue v. California Office of the Inspector General

This appeal challenges the trial court’s partial denial of a special motion to strike
pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute,1 directed

1 Undesignated statutory references are to the Code of Civil Procedure. SLAPP is
an acronym for “strategic lawsuit against public participation.”
2
at causes of action arising out of the manner in which... More...
   $0 (05-14-2018 - CA)

STATE OF OHIO v. TANNER D. HOPKINS

This case arises from the January 13, 2015 assault suffered by Chaenin
Taylor. At the time of the assault, Taylor was seven-months pregnant. As a result of
the assault, the fetus died.
{¶ 3} Following an investigation, Hopkins was indicted on one count of murder
(purposeful) in violation of R.C. 2903.02(A), one count of involuntary manslaughter in
violation of R.C. 2903... More...
   $0 (05-13-2018 - OH)

UNITED STATES OF AMERICA v. IOURI MIKHEL and UNITED STATES OF AMERICA v. JURIJUS KADAMOVAS

Defendants are foreign nationals under the Hostage Taking Act: Mikhel is Russian, and Kadamovas is Lithuanian. Both lived in Los Angeles, California, during the events underlying this case. Defendants were assisted at various times by coconspirators Petro Krylov, Ainar Altmanis, Aleksejus Markovskis, and Natalya Solovyeva. Altmanis, Markovskis, and Solovyeva all pleaded guilty and
UNITED STA... More...
   $0 (05-13-2018 - CA)

Christopher Alexander v. Scripps memorial Hospital La Jolla

This case raises issues concerning the legal obligations imposed on health care
providers when a patient's health care directives conflict with the providers' opinions that
the requested care would be medically ineffective and may cause harm. Elizabeth
Alexander, a 70-year-old woman suffering from end-stage terminal pancreatic cancer,
died four days after she was transferred from a... More...
   $0 (05-13-2018 - CA)

STATE OF KANSAS v. LESLIE D. PRUITT

On the evening of March 6, 2015, David Simonton drove a semitrailer truck to a local Sam's Club to make a delivery. His cousin, Craig Wolfe, accompanied him on the delivery. Upon detaching the trailer, the two men planned "[t]o find a club [and] get some weed" that evening. Simonton drove the cab to a nearby Walmart and purchased a small quantity of marijuana from some individuals. Simonton then e... More...   $0 (05-12-2018 - KS)

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