M ORE L AW
LEXAPEDIA
Salus Populi Suprema Lex Esto

Information
About MoreLaw
Contact MoreLaw

Burden of Proof Law
 
STATE OF KANSAS v. VALENTIN A. PEREZ

On October 25, 2017, Perez pled guilty to one count of distribution of methamphetamine. On December 8, 2017, the district court sentenced Perez to 103 months' imprisonment but granted a dispositional departure to probation for 36 months to be supervised by community corrections.

At a hearing on February 16, 2018, Perez admitted to violating the conditions of his probation by: (1) viol... More...
   $0 (08-19-2018 - KS)

STATE OF KANSAS v. ANTHONY D. HOUZE

As part of a plea agreement with the State, Houze pled guilty to one count of criminal possession of a firearm, a severity level 8 nonperson felony. Given his crime and criminal history score of A, Houze's presumptive sentence included imprisonment as opposed to probation, but prior to sentencing, he sought a dispositional departure to
probation. At sentencing on May 13, 2016, and consistent ... More...
   $0 (08-19-2018 - KS)

STATE OF KANSAS V. BRADEN LANCE SCHMIDT

In 16 CR 656, Schmidt pled no contest to burglary of a motor vehicle and interference with law enforcement, both felonies. On August 26, 2016, he was sentenced to 16 months in prison but was placed on probation from that sentence for 12 months.
2
However, roughly a month later, Schmidt committed another burglary of a motor vehicle and was charged with this crime in a new case, 16 CR 948.... More...
   $0 (08-19-2018 - KS)

WILLIAM REINSCHMIDT v. KANSAS DEPARTMENT OF REVENUE

The KDR suspended Reinschmidt's driving privileges as a result of his breath test failure on February 12, 2015. Reinschmidt challenged his suspension, and the KDR affirmed the suspension after an administrative hearing. Reinschmidt sought judicial review in the Wyandotte County District Court.

The district court held a trial de novo on February 9, 2017. At trial, Reinschmidt stipulated ... More...
   $0 (08-19-2018 - KS)

STATE OF KANSAS v. MICHAEL NORTH

On January 21, 2016, the State charged North with one count each of aggravated burglary, burglary, felony theft, and misdemeanor theft. When the complaint was filed, North was serving a prison sentence in Missouri. In March 2016, North completed a request under the Agreement to dispose of the charges pending against him in Kansas. North's request was filed in Wyandotte County District Court on Mar... More...   $0 (08-19-2018 - KS)

STATE OF KANSAS v. DYLLON ALAN TUCKER

The police-citizen encounter here involves four Topeka Police officers—two riding bicycles and two in patrol cars—meeting up with one man asleep in a car with its engine running and music playing so loudly it could be heard several blocks away. Once the driver awakened, the situation deteriorated rapidly and the scene suddenly became dangerous, almost deadly. The police officers' body cameras reco... More...   $0 (08-19-2018 - KS)

LINDA BERNING v. KANSAS DEPARTMENT OF REVENUE

In April 2014, at around 10 p.m. on a Sunday, Deputy Kristopher Casper saw a vehicle with its lights on and door open, parked at the back of the Bluebird bar. He believed the vehicle belonged to Linda Berning, who ran the Bluebird. He was not concerned at that time. He had met Berning before. But he knew the Bluebird was closed on Sundays. A short time later, Deputy Casper saw the vehicle leave th... More...   $0 (08-19-2018 - KS)

Mickey Fowler v. Tracy Guerin Western District of Washington Federal Courthouse - Seattle, Washington

Washington public school teachers Mickey Fowler and Leisa Maurer bring this class action to order the Director of the Washington State Department of Retirement Systems (“DRS”) to return interest that was allegedly skimmed from their state-managed retirement accounts. The district court denied the stipulated motion to certify a class and then dismissed the action as prudentially unripe. We conclude... More...   $0 (08-19-2018 - WA)

Susan Fellen v. Marcella Winn Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Susan Mellen was wrongly imprisoned for seventeen years before securing habeas relief in October 2014. After release from prison, Mellen and her three children, Julie Carroll, Jessica Curcio, and Donald Besch, brought suit under 42 U.S.C. § 1983 against Detective Marcella Winn,1 arguing that Detective Winn failed to disclose evidence that would have cast serious doubt on the testimony of June Patt... More...   $0 (08-19-2018 - CA)

Center for Biological Diversity v. Ryan K. Zinke Montana District Federal Courthouse - Missoula, Montana

This Endangered Species Act (“ESA”) case concerns the Upper Missouri River Valley Distinct Population Segment of Arctic Grayling (“arctic grayling”), a cold-water fish in the Salmonidae family. Before us is a challenge to the Fish and Wildlife Service (“FWS”)’s decision not to list the arctic grayling as an endangered or threatened species under the ESA. Plaintiffs-Appellants Center for Biological... More...   $0 (08-19-2018 - MT)

United States of America v. The Walt Disney Company, et al. Southern District of New York - New York, New York

New York, NY - The United States of America sued The Walt Disney Company and Twenty-First Century Fox, Inc. on clayton Act violation theories.

COMPETITIVE IMPACT STATEMENT
Plaintiff United States of America ("United States"), pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act ("APPA" or "Tunney Act"), 15 U.S.C. § 16(b)-(h), files this Competitive Impact Statement r... More...
   $0 (08-19-2018 - NY)

STATE OF KANSAS v. SCOTT ROBERT BOLLIG

After consulting with the parties, the district court made written findings and conclusions that have been added to the record on appeal. We now affirm the district court's original and reiterated ruling denying the motion to suppress the text messages because Bollig signed a valid consent for a search of his smartphone. In turn, the State properly used the text messages as evidence against Bollig... More...   $0 (08-18-2018 - KS)

STATE OF KANSAS v. TEELA M. LOGAN

Logan pled guilty to several charges in three cases: (1) one count of fleeing or attempting to elude a law enforcement officer in 16 CR 3594; (2) one count of possession of methamphetamine in 17 CR 1267; and (3) two counts each of identity theft and
2
forgery in 17 CR 2004, all felonies. On September 14, 2017, the district court sentenced Logan to an aggregate sentence for all three case... More...
   $0 (08-18-2018 - KS)

STATE OF KANSAS v. CHRISTOPHER S. NAMBO

Nambo pled guilty to burglary and theft, both felonies, and, on June 14, 2016, the district court sentenced him to 24 months in prison but granted probation from that sentence for a period of 24 months, despite the fact that Nambo had committed these offenses while on parole and the district court could have imposed imprisonment. The
court's leniency notwithstanding, Nambo repeatedly violated... More...
   $0 (08-18-2018 - KS)

MATTHEW L. BILLINGTON v. MIDWEST MINERALS, INC. and CINCINNATI INSURANCE CO.

Billington worked as a heavy equipment operator for Midwest Minerals. In January 2015, he had a disagreement with Chapman. Chapman picked Billington up and "tossed [him] on a bunch of rocks," where Billington landed on the back side of his ribs. Billington suffered a rib injury and a punctured lung. The injuries sustained required "extensive treatment" which included chest surgery and the excision... More...   $0 (08-18-2018 - KS)

DAVID LAWRENCE SMITH v. STATE OF KANSAS

A jury convicted Smith of one count of aggravated indecent liberties with a child under 14 years of age and two counts of aggravated indecent liberties with a child over 14 years of age but less than 16 years of age. In his direct appeal, Smith alleged eight trial court errors, which included the district court's denial of his motion for a new trial. The Court of Appeals affirmed Smith's convictio... More...   $0 (08-18-2018 - KS)

SONNY CHAVARRIA GONZALEZ v. STATE OF KANSAS

In 2010, Gonzalez pled guilty to first-degree felony murder and aggravated robbery. The district court sentenced Gonzalez to life in prison for the first-degree murder conviction and an additional 24 months' imprisonment for the aggravated robbery conviction. Gonzalez did not appeal.

Six years later, on June 23, 2016, Gonzalez filed a K.S.A. 60-1507 motion seeking to set aside his pleas... More...
   $0 (08-18-2018 - KS)

STATE OF KANSAS v. THOMAS ALAN BOLITHO

Bolitho pled guilty and was convicted of three counts of aggravated violation of the Kansas Offender Registration Act in 2014. At sentencing, the State recommended a dispositional departure to probation. The district court sentenced Bolitho to a controlling sentence of 161 months' imprisonment and granted Bolitho 36 months of probation to Community Corrections.

In 2015, the State mov... More...
   $0 (08-18-2018 - KS)

STATE OF KANSAS v. CHESSIEAN WALKER

In March 2015, the State charged Walker in Sedgwick County case 15CR789 with one count of burglary and one count of misdemeanor theft. In May 2015, the State charged Walker in case 15CR1517 with possession of methamphetamine, possession of drug paraphernalia, and failure to yield the right-of-way.

In July 2015, the parties reached a plea agreement in which Walker would plead guilty to b... More...
   $0 (08-18-2018 - KS)

STATE OF KANSAS v. DARREN CURTIS HOWE Criminal sodomy and indecent liberties with a child

In December 2013, the State charged Howe with aggravated indecent liberties with a child and criminal sodomy after his 14-year-old niece, A.O., accused Howe of forcing her to perform fellatio, penetrating her with his fingers, and trying to have sex with her. The incident occurred in September 2013. The State later amended its information charging Howe with rape or, in the alternative, aggravated... More...   $0 (08-18-2018 - KS)

STATE OF KANSAS v. WENDELL E. TUMBERG

On May 28, 2015, Tumberg's girlfriend and her 9-year-old daughter, A.R., moved in with him. During the next 19 days, Tumberg sexually assaulted A.R. several times. After his girlfriend saw Tumberg and A.R. together in a bathtub, A.R. was taken to a hospital. A sexual assault examination revealed that A.R. had redness on her vaginal area.

When interviewed, A.R. described the incident in ... More...
   $0 (08-18-2018 - KS)

Lisa Levingston v. Kaiser Foundation Health Plan, Inc.

The attorneys for plaintiff Lisa Levingston, O.D., failed to file an opposition to a
motion for summary judgment. They had been substituted into the case after
Levingston’s former attorneys were disqualified and the opposition that the former
attorneys had filed was stricken. At the hearing on the motion, Levingston’s new counsel
claimed they had not known that they needed to file... More...
   $0 (08-18-2018 - CA)

STATE OF KANSAS v. WILLIE FLEMING

The State charged Fleming with theft, aggravated robbery, and aggravated burglary after an investigation revealed evidence that he and others broke into a residence at night and took property. The noise they made while entering the residence startled Carrington Dean and Quintez Secka, who had been asleep in separate upstairs bedrooms.
Dean was a guest who was sleeping over that night, and Sec... More...
   $0 (08-17-2018 - KS)

STATE OF KANSAS v. LOARN EARL FITZGERALD II

K.L. and her daughter, C.C., lived in a small home with Fitzgerald and others for a few months in late 2012 and early 2013. A few months after K.L. and C.C. moved, K.L.'s friend asked C.C. about what to do if anyone touched her "bad spots." C.C. responded that she should tell her mother. K.L. then asked C.C. if anyone had touched or hurt her. At that point, C.C. said Fitzgerald had "been doing bad... More...   $0 (08-17-2018 - KS)

STATE OF KANSAS v. ARCHIE JOSEPH PATRICK DOOLEY

Dooley pled nolo contendere to a crime emanating from his failure to register as an offender. The district court sentenced him to an underlying 120-month prison term but granted a dispositional departure to 36 months' probation with an assignment to the community corrections intensive supervision program.

On November 6, 2012 and January 24, 2013, Dooley agreed to modifications of his p... More...
   $0 (08-17-2018 - KS)

Next Page

 
 
Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2018 MoreLaw, Inc. - All rights reserved.