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Battery 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)

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)

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)

DARYL J. MC CLELLAND vs STATE OF FLORIDA

Detectives from the Polk County Sheriff's Office were conducting an investigation regarding individuals who were downloading child pornography. That investigation led to the search of a house that was associated with an IP (internet protocol) address that had been identified as sharing child pornography. During the search, the detectives discovered that the residence had a Wi-Fi router that util... More...   $0 (06-21-2018 - FL)

David Michael Blevins v. State of Tennessee David M Blevins - Registered Sex Offender

Following a jury trial, Petitioner was convicted of three counts of aggravated sexual battery as lesser-included offenses of the indicted charges of rape of a child. He was sentenced to serve thirty years in confinement. Petitioner appealed his convictions and sentence, and this court affirmed the judgments of the trial court. State v. David Michael Blevins, No. E2013-01976-CCA-R3-CD, 2014 WL 2... More...   $0 (06-21-2018 - TN)

United States of America v. Martin Saavedra-Villasenor Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

When he illegally reentered the United States after completing a prison term in
this country and then being deported to Mexico, Martin Saavedra–Villasenor violated a
condition of his supervised release: that he not commit any more crimes. And Mr.
Saavedra1 did not deny that he had committed a federal crime by returning to the United
 After examining the briefs and appellate... More...
   $0 (06-20-2018 - NM)

STATE OF OHIO -vs- SABIN J. SOWERS

The relevant facts and procedural history are as follows: {¶4} On March 13, 2017, Ronald Scurlock noticed that large truck batteries were missing from pallets, as well as from various vehicles in and outside of the buildings on the premises of a business he owns in Trinway, Ohio. On March 14, 2017, he noticed more batteries missing. Scurlock started calling local scrapyards in search of the b... 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)

Kochelle Stumpf v. State of Indiana

On September 6, 2016, Madison Wyland collected her ten-month-old daughter,
K.P., at ABC Childcare, located in Plainfield, Indiana. When Wyland changed
her daughter’s clothes later that day, she noticed scratches and nail marks
underneath the child’s arms. The following day, Wyland contacted the owner
of ABC Childcare, Tamela Hunt-Stephey (Stephey), to complain about her
... More...
   $0 (06-19-2018 - IN)

United States of America v. Hans Vincent Edling District of Nevada Federal Courthouse - Las Vegas, Nevada

Hans Edling pleaded guilty to being a felon in possession
of a firearm, in violation of 18 U.S.C. § 922(g)(1). Under the
United States Sentencing Guidelines, the base offense level
for that offense varies depending on whether the defendant
has one or more prior felony convictions for a “crime of
violence.” U.S.S.G. § 2K2.1(a). The district court
determined that Edling had t... More...
   $0 (06-19-2018 - NV)

Richard Vos v. City of Newport Beach, et al. Central District of California Federal Courthouse - Los Angeles, California

On May 29, 2014, officers of the City of Newport Beach Police Department fatally shot Gerritt Vos (“Vos”). The police responded to a call about a man behaving erratically and brandishing a pair of scissors at a 7-Eleven. The shooting happened while the police were deciding how to handle the situation, and Vos unexpectedly charged the doorway of the store with what appeared to be a weapon raised ab... More...   $0 (06-19-2018 - CA)

Mark A. Petry v. State of Indiana COURT OF APPEALS OF INDIANA

The facts supporting Petry’s convictions, as set forth more fully by this court on
direct appeal, are that Petry sexually molested his teenage daughter more than
twenty times over the course of two years. Petry v. State, No. 63A01-1306-CR
279, 2014 WL 729901, slip. op. at *1 (Ind. Ct. App. Feb. 25, 2014), trans. denied.
Among other things, he touched his penis to her vagina, us... More...
   $0 (06-18-2018 - IN)

Derek Snapp v. State of Indiana

Snapp and his wife, J.S., were homeless and lived in their car. On April 15,
2017, while in their car, a drunken Snapp hit his wife. He then pulled out a
knife and threatened to slit her throat. She tried to leave the car, but Snapp
stopped her. J.S. filed a report with the Terre Haute Police claiming that Snapp
hit her on a daily basis. On April 21, 2017, Snapp struck J.... More...
   $0 (06-18-2018 - IN)

PATRICK LEE MCELROY v. STATE OF ARKANSAS

We set forth the relevant procedural history because it is important to our
disposition in this case. Both counts for which appellant pleaded guilty are Class B felonies
and carry an authorized sentence of not less than five years nor more than twenty years in
prison. Ark. Code Ann. § 5-4-401 (Repl. 2013). At the conclusion of the sentencing trial
on February 14, 2017, the jury... More...
   $0 (06-18-2018 - AR)

Stuart Wright v. United States of America Western District of Missouri Federal Courthouse - Kansas City, Missouri

In the third iteration of this unfortunate case of mistaken identity, PlaintiffStuart Wright (“Wright”) appeals the district court’s1 grant of summary judgment to the United States and the Deputy U.S. Marshals in their individual and official capacities on Wright’s claims under the Federal Tort Claims Act (the “FTCA”). Wright argues that the district court erred when it found there was no genuine ... More...   $0 (06-18-2018 - MO)

J. Donald Henson, Sr. v. Department of Health and Human Services Southern District of Illinois Courthouse - East St. Louis, Illinois

Plaintiff J. Donald Henson, Sr., appeals from the district court’s grant of summary judgment
* We have agreed to decide this case without oral argument because the briefs and record adequately present the facts and legal arguments, and oral argument would not significantly aid the court. See Fed. R. App. P. 34 (a)(2)(C).
2 No. 17-1750
for defendants on his claims under the Freedom of I... More...
   $0 (06-17-2018 - IL)

United States of America v. Daniel Sanchez, a/k/a Danny Myrick Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

Daniel Sanchez was placed on supervision after serving a fifteen-year prison sentence for a federal firearm conviction pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). Within three months, he had violated the terms of his supervised release by, among other things, threatening to kill his 14-year-old daughter and her mother. At his revocation hearing, Sanchez sought to contest ... More...   $0 (06-14-2018 - VA)

STATE OF KANSAS v. JOSIAH R. BUNYARD

In September 2015, Bunyard pled guilty to one count of possession of methamphetamine. The presentence investigation report scored Bunyard's criminal history as A, based in part on combining six prior adult misdemeanor battery convictions into two adult person felony convictions. Bunyard filed a motion objecting to his criminal history and argued that these convictions should not be scored because ... More...   $0 (06-12-2018 - KS)

In Re World Trade Center Lower Manhattan Disaster Site Litigation Southern District of New York - New York, New York

This action involves the tort and labor law claims of workers whose
participation in post-9/11 cleanup efforts allegedly caused them to develop
respiratory illnesses. The United States District Court for the Southern District of
New York (Alvin K. Hellerstein, J.) granted summary judgment against the
workers, holding that the law that had revived their otherwise time-barred
cla... More...
   $0 (06-12-2018 - NY)

HAROLD INGRAHAM JR. vs STATE OF FLORIDA

Appellant was charged with sexual battery on a victim eighteen-years of age or older. Pursuant to an agreement with the State, Appellant entered a guilty plea to the lesser charge of aggravated battery. Appellant’s initial attorney then filed a motion to withdraw plea. The motion alleged the plea was involuntary because Appellant’s initial attorney failed to inform him of the “weakness in the S... More...   $0 (06-11-2018 - FL)

AUGUSTUS ROSE vs STATE OF FLORIDA

Appellant was charged with burglary of a dwelling with assault or battery while armed, kidnapping with a weapon or firearm, abuse of a disabled adult, and possession of a firearm by a convicted felon. His defense counsel filed a motion to examine Appellant “on the issue of competence to proceed,” with an assertion that the motion was made “in good faith and on reasonable ground to believe that [A... More...   $0 (06-11-2018 - FL)

JAMES E. EVANS vs STATE OF FLORIDA

Appellant challenges his convictions for sexual battery and burglary with an assault. He contends that the court erred in multiple rulings. We affirm as to all issues, but address only two. First, the court admitted a 911 call from the victim as an excited utterance. Appellant contends that the time between the incident and the call was sufficient to allow time for reflection, so that the cour... More...   $0 (06-11-2018 - FL)

Livingston Manners v. Officer Ronald Cannella, Officer Karrie Sabillon and City of Hollywood Florida United States District Court for the Southern District of Florida - Miami, Florida

In 2014, Livingston Manners was arrested by City of Hollywood police officers. An altercation ensued. Manners filed suit in federal court regarding the incident and now appeals the district court’s grant of summary judgment against his claims -- federal civil rights claims for use of excessive force and for malicious prosecution as well as a companion state common-law claim for false arrest. Becau... More...   $0 (06-11-2018 - FL)

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)

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