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Battery Law
 
Diamonte William Baker v. State of Indiana

Baker met Stephanie Miller in September 2016. They began a romantic relationship, and Baker moved into Miller’s apartment the following month. On January 22, 2017, after the pair had an argument, Miller tried to exit the apartment. However, Baker blocked her by standing in front of the door. When Miller turned her back on Baker, he stabbed her in the back with “a survival knife.” Tr. Vol... More...   $0 (08-13-2018 - IN)

Charles A. Pickering v. State of Indiana

On January 11, 2017, Pickering met S.B., a sixty-three-year-old homeless
woman, at a shelter in South Bend, and he invited her to come with him to an
apartment where he was staying. Pickering and S.B. drank some beer and
vodka, and then Pickering started to undress. S.B. told Pickering that she did
not want to have sex with him, but he grabbed her hair and forced her to
... More...
   $0 (08-12-2018 - IN)

STATE OF KANSAS v. LEROY K. BRIGGS

Leroy K. Briggs appeals from what he claims to be an erroneously imposed sentence. He argues that the sentencing court erred in classifying his two prior Missouri convictions for resisting or interfering with arrest under Mo. Rev. Stat.

1 REPORTER'S NOTE: Opinion No. 116,420 was modified by the Court of Appeals on August 1, 2018, after th... More...
   $0 (08-09-2018 - KS)

State of Oklahoma v. Michael John Bever Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - The State of Oklahoma charged Michael John Bever and his brother Robert Davis Bever with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 07/22/2015
Party Name Disposition Information
BEVER, ROBERT DAVIS Disposed: CONVICTION, 09/07/2016. Guilty Plea
Count as Disposed: MURDER - FIRST DEGREE(HM11)
Vi... More...
   $0 (08-09-2018 - OK)

Thurston McBride vs State of Florida

Appellant was tried and found guilty of sexual battery on a child under twelve by a defendant eighteen years of age or older. The victim, who was thirteen years of age at the time of trial, testified that Appellant, who had been married to the victim’s godmother, sexually battered him on one occasion while Appellant
lived with the victim, his godmother, and his godsister. The victim further... More...
   $0 (08-08-2018 - FL)

United States of America v. Dallas Wayne Thundershield District of North Dakota Federal Courtroom - Fargo, North Dakota

A jury convicted Dallas Wayne Thundershield of second-degree murder, in
violation of 18 U.S.C. §§ 1111 and 1153; assault with intent to commit murder, in
violation of 18 U.S.C. §§ 113(a)(1) and 1153; assault with a dangerous weapon, in
violation of 18 U.S.C. §§ 113(a)(3) and 1153; and assault resulting in substantial
bodily injury, in violation of 18 U.S.C. §§ 113(a)(7) and 1153. O... More...
   $0 (08-08-2018 - ND)

Mark A. Emerson v. State of Indiana

In June 2015, Emerson and his then-wife Lara had separated but not yet
divorced. The two had one child together, and Lara had two other children
from a previous relationship. After the split, Lara and her children remained in
the marital home in Anderson, while Emerson stayed with a friend in
Indianapolis. At this time, Lara was in a romantic relationship with Cody Gay
(“G... More...
   $0 (08-07-2018 - IN)

STEPHEN RICHARD HASKELL v. THE STATE OF WYOMING

Stephen Haskell won the August 2014 primary election for Sublette County Sheriff on a platform that included purchasing new uniforms for the sheriff’s office. He became the sheriff-elect after the general election in early November and began preparing to take office. His preparations included a meeting in late November with two of the sitting county commissioners. The three men discussed the sh... More...   $0 (08-05-2018 - WY)

KIRK LASSEND v. UNITED STATES

In July 2010, two individuals in Fitchburg, Massachusetts called 911 to report that Lassend had been walking up and down the street with a gun and firing shots into the air. Police officers placed Lassend under arrest at the scene. The officers recovered ammunition from Lassend's pocket and found a gun in an unlocked closet in the common hallway of a nearby apartment building. A search of... More...   $0 (08-05-2018 - MA)

Christopher J. Mars vs State of Florida

Appellant candidly concedes that he was “a difficult defendant to have in court”; that he was “not cooperative” in communicating with mental-health experts directed to interview him; and that he was “not cooperative” with his counsel before discharging his counsel. The record supports Appellant’s concessions.
At a pretrial hearing, appointed defense counsel moved for a continuance and ask... More...
   $0 (08-05-2018 - FL)

State of Tennessee v. Monica Leigh-Ann Briggs

The Defendant’s convictions relate to the September 7, 2014 homicide of Kenneth Koster in a tool shed in Campbell County. The Defendant and Brad Phillips fatally shot the victim and fled to Sevier County, where Mr. Phillips was killed by police officers, and the Defendant was arrested for public intoxication. The Defendant was later indicted for one count of first degree premeditated murder and ... More...   $0 (08-05-2018 - TN)

State of Tennessee v. Teddy Lynn Sams

This case arises from the Defendant’s violation of the terms of his Community Supervision for Life as a result of his attempted aggravated sexual battery conviction in 2006. At the guilty plea hearing, the parties agreed that the affidavit of complaint would serve as the factual basis for the Defendant’s guilty plea. The affidavit of complaint, included in the record, states that the Defendant w... More...   $0 (08-05-2018 - TN)

STATE OF OHIO v. ANTHONY J. BROWN

On June 8, 2017, the Montgomery County Grand Jury returned a two-count indictment charging Brown with felonious assault in violation of R.C. 2903.11(A)(1) and domestic violence in violation of R.C. 2919.25(A). Approximately two months later, on August 18, 2017, the State issued a re-indictment that added one count of kidnapping in violation of R.C. 2905.01(A)(2). The charges stemmed from a ... More...   $0 (08-04-2018 - OH)

Reginald Blackburn v. State of Indiana

During the relevant period, Blackburn and C.W. were in a romantic relationship and lived together in Mishawaka. On April 29, 2017, C.W.’s sister called the Mishawaka Police Department to request a welfare check on C.W. Officer Andrew Silveus was the first officer at the scene, and he observed Blackburn and C.W. arguing. Officer Glenn Roach arrived at the scene. He spoke with C.W. in the c... More...   $0 (08-04-2018 - IN)

Jonathon Andrew Moore v. State of Indiana

On Sunday, August 7, 2016, Moore took his children, eleven-year-old G.M.
and six-year-old N.M., to a birthday party. At one point, N.M. was eating food
outside when a bee flew near her. She became scared and swatted at it, but it
landed in her food and attempted to land on her. N.M. then swatted at it again,
crying in fear. Moore walked over to her. He was upset and told h... More...
   $0 (08-04-2018 - IN)

Luis Castruita v. The State of Texas

This case arises from an early morning shooting that took the life of Efren Gonzalez. On
March 22, 2014, Efren and two of his friends, Matthew Scarbrough and Ernesto Sapien, were at a
bar celebrating another friend’s birthday. They left the bar when it closed, and proceeded to walk
home. As they crossed a street, they saw an on-coming silver mini-van. By Matthew’s account,
... More...
   $0 (08-03-2018 - TX)

DANIEL L. CALHOUN v. STATE OF KANSAS

Daniel L. Calhoun appeals the trial court's denial of his K.S.A. 601507 motion following a preliminary hearing. On appeal, Calhoun argues that the trial court's judgment denying his K.S.A. 60-1507 motion was erroneous. Calhoun contends that he was entitled to a new trial on his nine felony convictions based on trial errors, ineffective assistance of trial counsel, and ineffective assistance of app... More...   $0 (08-02-2018 - )

STATE OF SOUTH DAKOTA v. DAVID LEONARD RANDLE, JR.,

On October 24, 2015, a group of young adults attended a party at a Sioux Falls condominium leased by Mason Mitzel. There was evidence that the partygoers were drinking and using marijuana and other illegal substances. [¶3.] At some point during the evening, an AK-47 owned by Mitzel was brought out amongst the partygoers. There was testimony that different individuals handled the AK-47. Several... More...   $0 (08-02-2018 - SD)

Ruben Arroyo vs. The State of Florida

The defendant was charged by information with the sexual battery with
specified circumstances by multiple perpetrators for his part in the sexual battery
of K.P.M. (“the victim”), which occurred on the night of September 11, 2010. The
other alleged perpetrators, Dante Lee Pigatt (“Pigatt”) and Gerson Juarez
(“Juarez”), were also charged with sexually assaulting the victim.
... More...
   $0 (08-01-2018 - FL)

Anthony Delane Washington vs State of Florida

Washington was a suspect in the murder of Alphonso Doss because he was having an affair with Doss’s wife. Washington was first interviewed by police nine days after the murder. A second interview was conducted six months later after Washington voluntarily drove himself to the police station. The interview
began around 10:17 p.m. and continued until the early morning hours of the following ... More...
   $0 (08-01-2018 - FL)

GABRYL MARK SULLIVAN vs STATE OF FLORIDA

Gabryl Sullivan challenges his judgment and sentence for aggravated battery causing great bodily harm with a deadly weapon. Sullivan was convicted following a jury trial and sentenced to seven years in prison. On appeal, Sullivan argues in part that the 2017 amendment to section 776.032, Florida Statutes, creating subsection (4), should apply retroactively to his case and that his motion to dism... More...   $0 (08-01-2018 - FL)

COMMONWEALTH vs. PATRICK WAWERU

We summarize the facts that the jury could have found at trial, reserving certain details for our discussion of the legal issues. The defendant was in an on-again, off-again relationship with the victim. The couple had two children together. The victim's sister occasionally lived with the victim and the defendant, but the sister did not get along with the defendant. 3 The victim's ... More...   $0 (08-01-2018 - MA)

STATE OF OHIO v. GARY L. MAY

Mr. May was indicted on twelve counts of rape and twelve counts of sexual
battery involving two young girls whom his wife was babysitting. Prior to trial, the State
amended two counts of rape to gross sexual imposition and dismissed two counts of sexual
battery. After a jury trial, Mr. May was found guilty of ten counts of rape, two counts of gross
sexual imposition, and ten ... More...
   $0 (08-01-2018 - OH)

State of Kansas v. Tremain Shears

Wichita, KS - The State of Kansas charged Tremain Shears, age 30, with two counts attempted murder and seven other counts including aggravated battery, criminal discharge of weapon and criminal possession of a weapon by a convicted felon.

The State charged that Defendant shot the victim 12 times on September 11, 2016.... More...
   $0 (08-01-2018 - KS)

STATE OF KANSAS v. KARL E. FERRELL

In 2002, Ferrell was convicted at a bench trial of one felony count each of attempted rape, aggravated burglary, aggravated battery, and an aggravated weapons violation. At sentencing on July 30, 2002, the district court denied Ferrell's motion for a downward dispositional and/or durational departure and sentenced Ferrell to a controlling sentence of 268 months' imprisonment. Ferrell appealed, and... More...   $0 (07-28-2018 - KS)

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