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Avoidable Consequence Law
 
STATE OF KANSAS v. JOEY LAURO TERRAZAS-GARCIA

On April 14, 2014, Terrazas-Garcia pled no contest to possession of methamphetamine in Finney County case No. 14CR59 (first 2014 drug case). Upon his 2 plea, the district court found Terrazas-Garcia guilty. On July 28, 2014, Terrazas-Garcia was found guilty of another charge of possessing methamphetamine in Finney County case No. 14CR265 (second 2014 drug case). Sentencing on the first and sec... More...   $0 (06-23-2018 - KS)

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 - )

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)

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)

COMMONWEALTH OF KENTUCKY V. KYLE D. THOMPSON

During the fall of 2010, Thompson (who was at that time twenty-years~
old) became enamored with Mindy,3 a student at North Hardin High School. ., On October· 17, 2010, Mindy, who was concerned about Thompson's recent
·behavior towards her, con~cted the police to inform th~m about information
displayed on his Facebook page. Thompson's Facebook page did not list his
real name, bu... More...
   $0 (06-20-2018 - KY)

American Indian Health & Services Corporatioon v. Jennifer Kent, as Director

The State Department of Health Care Services and its director (collectively, the
Department) appeal from a judgment in favor of plaintiffs on a petition for a writ of
mandate. Plaintiffs are 23 federally qualified health centers (FQHC’s) and rural health
clinics (RHC’s) that serve medically underserved populations (the Clinics). (42 U.S.C.
§§ 254b(a)(1), 1396d(l)(1), (2), 1395x(aa)... More...
   $0 (06-20-2018 - CA)

STATE OF OHIO vs. NEEKO GORDON

On August 25, 2016, Robert Holsey (“Holsey”) agreed to purchase marijuana from Gordon. Holsey and Gordon knew each other from playing basketball at Trent Park. Nieves drove Holsey to the marijuana-purchase- meeting place on W. 38th Street in Cleveland. As Nieves and Holsey drove toward the meeting place, they saw Gordon, became suspicious, and started to drive away. Through the side mirror... More...   $0 (06-19-2018 - OH)

Alan Anderson v. Sohit Khanna, Iowa Heart Center P.C. and Catholic Health Initiatives Iowa Corp., d/b/a Mercy Hospital Medical Center Supreme Court of Iowa

A patient and his family brought a medical negligence action against a physician and the physician’s employer. They alleged specific negligence and the failure of the physician to obtain informed consent. The district court granted summary judgment in favor of the defendants on the claim of informed consent based on the physician’s failure to disclose his lack of training and experience in perform... More...   $0 (06-19-2018 - IA)

United States of America v. Ronald Grusd, California Imaging Network Medical Group and Willows Consulting Compan Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

San Diego, CA - Beverly Hills Doctor Sentenced to 10 Years in Custody for Massive Workers’ Comp Scheme

Beverly Hills Radiologist Ronald Grusd and two of his corporations, California Imaging Network Medical Group and Willows Consulting Company, were sentenced in federal court on June 18, 2018 after a jury trial in December resulted in convictions on 39 felony fraud counts.

U.S. Di... More...
   $0 (06-18-2018 - CA)

State of Wisconsin v. Anthony R. Pico

A jury convicted Anthony R. Pico of
sexually assaulting a young girl.1 Mr. Pico believes there is a
reasonable probability that, absent his trial counsel's alleged
constitutional ineffectiveness, this conviction would not have
occurred. The circuit court agreed, and so set aside his
1 The Honorable William J. Domi... More...
   $0 (06-18-2018 - WI)

CURTIS ROBERTS V. STATE OF ARKANSAS

On November 30, 2015, Roberts was charged in connection with the shooting
death of Roberts’s brother, Michael Roberts. Roberts filed a motion in limine seeking to
prevent the admission into evidence pictures of the victim found on the victim’s cell
phone, among other items. At the jury trial, the motion in limine was denied, and
Detective Donald Eversole testified regarding the... More...
   $0 (06-18-2018 - AR)

CAROLYN LAWSON v. SIMMONS SPORTING GOODS, INC.

We first briefly reiterate the facts of this case as discussed in Lawson I. This lawsuit
stems from a premises-liability suit. Lawson is a resident of Ashley County, Arkansas.
Simmons operates a retail sporting-goods store located in Bastrop, Louisiana. This is the
corporation’s only store, and it has never operated a store in Arkansas. It is a Louisiana
corporation with its pr... More...
   $0 (06-18-2018 - AR)

Michele Cole v. Historic Mission Inn Corporation

The facts in this paragraph are taken from the allegations in Coyle’s complaint.
On May 8, 2013, Coyle ate lunch with a friend. They ate lunch on a patio at the
Mission Inn. During lunch, a spider bit Coyle’s back. As a result of the spider bite,
Coyle “was hospitalized with numbness and weakness in her extremities due to
demyelination in [her] thoracic spine.”
In the negligenc... More...
   $0 (06-18-2018 - CA)

Estate of Linda Faye Jones, et al. v. Chidren's Hospital and Health System Inc., Pensin Plan Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Three days into retirement and three
days before the start of her pension, Linda Faye Jones died.
The Administrative Committee, which oversees the Children’s
Hospital and Health System, Inc. Pension Plan, denied
the pension to Linda’s daughter and beneficiary, Kishunda
Jones. The Committee reasoned that only spouses are entitled
to benefits under the Plan when a participant... More...
   $0 (06-16-2018 - WI)

STATE OF KANSAS v. HEATH ALLEN UMPHENOUR

A jury convicted Heath Allen Umphenour of one count of aggravated indecent liberties with a child, one count of aggravated criminal sodomy, four counts of sexual exploitation of a child, and two counts of breach of privacy. Four of Umphenour's convictions were off-grid Jessica's Law offenses. For his off-grid Jessica's Law convictions and Kansas Sentencing Guidelines Act (KSGA) grid convictions, t... More...   $0 (06-14-2018 - KS)

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

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
superseding indictme... More...
   $0 (06-12-2018 - MA)

Edward Munro v. Department of Motor Vehicles

Before the Department of Motor Vehicles may suspend a driver’s license for a
driver’s refusal to submit to a chemical test to determine the alcohol content of his or her
blood, the driver “shall be told [by the arresting officer] that his or her failure to submit
to ... the required chemical testing will result in ... the suspension of the person’s
privilege to operate a motor vehi... More...
   $0 (06-12-2018 - CA)

State of Tennessee v. Brian C. Frelix

This case arises from an October 12, 2013, home invasion in Williamson County, Tennessee. The Defendant and a co-defendant entered a residence where the victims, a husband, wife, and two minor sons were present. The Defendant held the victims at gunpoint while the co-defendant searched the housefor valuables. AWilliamson County grand jury returned a fourteen-count indictment against the Defenda... More...   $0 (06-10-2018 - TN)

COMMONWEALTH vs. IAN HOLNESS Massachusetts Supreme Judicial Court

We recite the findings of fact made by the motion judge, supplemented by the evidence in the record that is uncontroverted and undisputed, or implicitly credited by him.2 Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007). On December 25, 2013, at approximately 4:04 A.M., the Boston police department responded to a 911 call reporting a person shot at a house party at 92 Wales Street in Dorches... More...   $0 (06-10-2018 - MA)

STATE OF OHIO vs. MARVIN FISHER

On the evening of January 1, 2017, the Cleveland Fire Department (“CFD”)
responded to a fire at an apartment complex, in which ten adults and one infant lived. The fire
began in a courtyard outside the back door of Fisher’s unit and an unoccupied neighboring unit.
After CFD extinguished the fire, Battalion Chief Eric Burchak observed signs of arson. He also
noticed ... More...
   $0 (06-09-2018 - OH)

STATE OF OHIO v. BENNIE COLEMAN, JR.

In his first assignment of error, Coleman claims that the trial court erred in
failing to suppress the victim’s show-up identification as unduly suggestive.
{¶ 4} In deciding a motion to suppress, the trial court assumes the role of trier of
facts and is in the best position to resolve questions of fact and evaluate the credibility of
witnesses. State v. Pence, 2d Dist... More...
   $0 (06-09-2018 - OH)

STATE OF IOWA vs. MAURICE MONTRAIL HAYES

William Butcher was making repairs to his car outside an apartment building
in the early morning hours of May 12, 2016, in order to arrive at work by 5:30 a.m.
Sometime after 3:00 a.m., he was approached by a man who asked if he had a
cigarette. After Butcher gave the man a cigarette, the man asked if Butcher could
make change for a $20 bill. When Butcher took out his wallet... More...
   $0 (06-07-2018 - IA)

CURTIS ROBERTS V. STATE OF ARKANSAS

On November 30, 2015, Roberts was charged in connection with the shooting
death of Roberts’s brother, Michael Roberts. Roberts filed a motion in limine seeking to
prevent the admission into evidence pictures of the victim found on the victim’s cell
phone, among other items. At the jury trial, the motion in limine was denied, and
Detective Donald Eversole testified regarding the... More...
   $0 (06-07-2018 - )

STATE OF LOUISIANA V. AARON ORLANDO RICHARDS -AKA- AARON RICHARDS

On March 29, 2010, in the late evening, Defendant, Aaron Orlando
Richards, and co-defendant, Marcus Feast, followed Timothy Falgout to a home
where he was delivering a pizza. Defendant stabbed the victim five times during
the course of a robbery. The victim died as a result of the stab wounds.
On October 27, 2010, Defendant was indicted for the first degree murder of
T... More...
   $0 (06-07-2018 - LA)

Kala Hernandez v. The State of Texas

The State charged Appellant with intentionally or knowingly causing serious bodily injury to M.G., a child fourteen years of age or younger, by hitting, shaking, pulling, or jerking M.G.1 Appellant, the mother of M.G., pleaded “not guilty.” At trial, Lieutenant Lonnie Lum with the Crockett Police Department testified that, on October 10, 2015, he responded to the Houston County Medical Center (t... More...   $0 (06-07-2018 - TX)

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