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Burden of Proof Law
 
Erlis Joseph Chaisson v. The State of Texas

Chaisson was charged by indictment with five counts of aggravated assault of a
child and ten counts of indecency with a child by contact. See id. §§ 21.021, 22.11. Prior
to trial, the State waived several counts, leaving one count of aggravated assault of a
child and four counts of indecency with a child by contact. At the close of the State’s
case, appellant’s motion for di... More...
   $0 (04-20-2018 - TX)

Joyce Ledderer v. Gursey Schneider

Plaintiff Joyce Lederer employed accounting firm Gursey
Schneider LLP and its employee Spencer Inada (collectively,
Gursey) to manage her finances. As part of their agreement,
Gursey purchased insurance for Joyce1 and her family members.
Joyce requested that Gursey purchase uninsured/underinsured
insurance with a policy limit of $5 million. Gursey actually
purchased a polic... More...
   $0 (04-20-2018 - CA)

Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a... More...
   $0 (04-20-2018 - HI)

Andrew Michael Psyk v. The State of Texas

At around 6:00 a.m. on the morning of October 20, 2013, at least two
witnesses contacted 911 after observing a dark SUV driving erratically on Interstate
59 northbound. One witness stayed on the phone with the 911 operator and followed
behind the vehicle until a state trooper arrived on the scene.
When the trooper located the vehicle, he followed it for a short period of time ... More...
   $0 (04-19-2018 - TX)

Truitt Russell Cook v. The State of Texas

Appellant does not challenge the sufficiency of the evidence so we will mention
only so much of the background facts as necessary for our disposition of his issues. On
February 12, 2015, appellant and Tianna Insall robbed the A1 Smoke Shop in rural
Tarrant County. They wore dark glasses and bandannas. Appellant carried what the two
store employees called “a gun.” Once insid... More...
   $0 (04-19-2018 - TX)

Salvador Zarate v. The State of Texas

The State’s first witness was Starr County Sheriff’s Officer Justin Falcon. Officer Falcon
testified that he was working in the jail, on December 24, 2014, when he received a call from
Justice of the Peace Salvador Zarate Jr. instructing him to reduce the bonds for both Daisy Rich
and Harry Rich from $30,000.00 each to $5,000.00 each. Officer Falcon explained that although
it... More...
   $0 (04-19-2018 - TX)

All Green Electric, Inc. v. Security National Insurance Company

Plaintiff and appellant All Green Electric, Inc. (All Green),
appeals from a grant of summary judgment in favor of its insurer,
defendant and respondent Security National Insurance Company
(SNIC). All Green requested that SNIC defend a lawsuit alleging
that All Green negligently installed electrical equipment for a
medical scanner. The trial court concluded that the lawsuit fel... More...
   $0 (04-18-2018 - CA)

Neal Everett Bland v. The State of Texas

On the morning of December 21, 2012, Godwin Mathew picked up Joshua
Woods so they could go to Willowbrook Mall and purchase several pairs of limited
release Air Jordan Retro 11 shoes. After they made their purchases and were exiting
the mall, a young man approached them and asked to buy one of their pairs of shoes.
Mathew quoted a price but the man declined to buy them. When... More...
   $0 (04-18-2018 - TX)

Milton Rolando Paz v. The State of Texas

In February 2011, Appellant was the father to two young children, a thirteen
month-old girl and a one-month-old girl. During that month, Appellant’s wife had
to leave town for work. A friend agreed to care for the infant while the wife was
away. The wife’s work trip got extended. The friend caring for the infant had to
return her to Appellant because the friend also had to g... More...
   $0 (04-18-2018 - TX)

STATE OF KANSAS v. CHRISTOPHER LEE JONES

On February 27, 2012, Jones entered into a plea agreement in two separate Saline County cases. Jones agreed to plead guilty to a misdemeanor charge of theft of scrap metal in one case and to misdemeanor counts of theft and criminal damage in the second
2
case. In exchange, the State agreed to dismiss the remaining felony charges of burglary in the second case. The State also agreed to re... More...
   $0 (04-18-2018 - KS)

STATE OF KANSAS v. WILLIAM DEWEY DOTSON

On April 29, 2014, a jury found Dotson guilty of one count of aggravated indecent liberties with a child, an off-grid person felony pursuant to K.S.A. 2012 Supp. 215506(b)(3)(A), (c)(3). At his sentencing, "Dotson, for an unknown reason, used the temple part of his eyeglasses to stab himself in the neck while the victim was testifying. The record reflects that Dotson passed out and medical help wa... More...   $0 (04-18-2018 - KS)

DAVID CROTHERS v. STATE OF KANSAS

On September 16, 2011, in 11CR322, Judge Timothy J. Chambers of the Reno District Court sentenced Crothers to 102 months in prison but granted Crothers a downward dispositional departure to probation and assigned him to intensive supervision with community corrections for 36 months. On February 24, 2012, in 11CR749, Judge Joseph L. McCarville III, of the same court, sentenced Crothers to 46 months... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. SHAWN E. COLLINS, JR.

On June 25, 2015, Collins pled guilty to a single count of possession of methamphetamine. In exchange, the State agreed to join Collins' sentencing recommendation for a dispositional departure to probation. The district court sentenced Collins to a prison term of 42 months but granted the parties' joint request for a dispositional departure sentence and imposed a 12-month term of probation, to beg... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. BRENT J. BUETTGENBACH

On December 16, 2016, Buettgenbach filed a timely notice of appeal from the district court's rulings. His counsel requested transcripts for purposes of this appeal on December 21 and 27, 2016.

On January 3, 2017, Buettgenbach filed the docketing statement. That same day the court reporter filed a certification that the transcript had been completed pursuant to Rule 3.03(e) (2017 Kan. S... More...
   $0 (04-18-2018 - KS)

STATE OF KANSAS v. TIMOTHY P. YOUNG

Young was charged with possession of more than 25 grams but less than 450 grams of marijuana with the intent to distribute (a severity level 3 drug nonperson felony); possession of marijuana; no drug tax stamp; possession of drug paraphernalia; driving while his license was canceled, suspended, or revoked; and driving while a habitual violator. Young pled no contest to possession of less than 25 g... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. ANITA SHANAIL CLARK

As a result of the plea negotiations with the State, Clark agreed to plead no contest to one count of conspiracy to distribute Hydrocodone, a drug severity level 3 felony. In return, the State agreed to dismiss all other charges. The parties also agreed that Clark was permitted to file departure motions and the State could oppose the motions. Clark signed an acknowledgment of rights and entry of p... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. BRANDON R. WILLIAMS

On the morning of December 12, 2015, Jordan Ray left his residence in Wichita to go to work. At about 11 a.m., Ray received a phone call from Williams. Williams and Ray had known each other for about 10 years. Although Williams and Ray were not friends, Williams had visited Ray's residence on multiple occasions to play video games. Ray returned Williams' call and Williams said he had left a shirt ... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. JERRID LOGAN

On July 7, 2015, the State charged Logan with the following: (1) one count of aggravated kidnapping, a severity level 1 person felony in violation of K.S.A. 2015 Supp. 21-5408(b); (2) one count of rape, a severity level 1 person felony in violation of K.S.A. 2015 Supp. 21-5503(a)(1)(A); (3) two counts of aggravated criminal sodomy, each severity level 1 person felonies in violation of K.S.A. 2015... More...   $0 (04-18-2018 - KS)

Tracey K. Kuehl v. Pamela Sllner Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa

Tracey K. Kuehl (Tracey), Lisa K. Kuehl (Lisa), Kris A. Bell, Nancy A.
Harvey, John T. Braumann, and the Animal Legal Defense Fund (plaintiffs) brought
suit against Pamela Sellner, Tom Sellner, and Cricket Hollow Zoo (defendants) under
1The Honorable Richard W. Goldberg, United States Court of International
Trade, sitting by designation.
-2-
the Endangered Species Act, 16 U... More...
   $0 (04-18-2018 - IA)

CHRISTOPHER L. WAISNER v. STATE OF KANSAS

In 2011, Waisner was convicted of various sex crimes in Shawnee County District Court. The underlying facts relating to the criminal case were summarized by this court in Waisner's direct appeal:

"This case involves allegations of sexual abuse lodged against Waisner by his daughter, T.G. Specifically, T.G. alleged that when she lived with Waisner during a period between May 2008 and J... More...
   $0 (04-17-2018 - KS)

STATE OF KANSAS v. HOAI V. LE

On October 25, 2013, Le was charged with conspiracy to distribute marijuana and possession with intent to distribute at least 450 grams but less than 30 kilograms of marijuana, to-wit: 1,751.78 grams of marijuana. Prior to trial, Le entered into a plea agreement with the State. In exchange for his guilty plea to conspiracy to distribute marijuana, the State agreed to dismiss the remaining charge ... More...   $0 (04-17-2018 - )

STATE OF KANSAS v. HERSHEL A. KEMP

A jury sitting in Lyon County District Court convicted Defendant Hershel A. Kemp of committing multiple sex crimes, including several off-grid felonies, against K.R., his wife's minor daughter. Kemp has appealed, claiming numerous errors in the eight-day trial. Although Kemp received something short of a perfect trial, we find he received a fair trial, and the law requires no more than that. See... More...   $0 (04-17-2018 - KS)

STATE OF KANSAS v. TERRY B. CLEATON

The stipulated facts are in the record and need not be repeated here, as the parties are bound by their submission to the court. Highly summarized, the facts show that on December 21, 2013, while Cleaton was driving his van near the intersection of Central and Hillside in Wichita, a Wichita police officer saw Cleaton's van crash into a dark colored SUV. The SUV stopped, but Cleaton did not. The of... More...   $0 (04-17-2018 - KS)

STATE OF KANSAS v. TRACIE M. LEE ,

This sanction arose when the State sought to revoke Lee's probation. According to her supervising officer, Lee did not report to her within 24 hours after her release from jail as required by the terms of her probation. In response, Lee contends that she had simply spent some time in jail and had not changed her address as the court decided. In other words, she had not violated her probation. In o... More...   $0 (04-17-2018 - KS)

STATE OF KANSAS V. COREY N. MOYE

The State charged Moye with attempted murder, aggravated battery, aggravated assault, criminal threat, aggravated escape from custody, and aggravated battery of a law enforcement officer. Moye then agreed to plead no contest to aggravated battery and aggravated assault, and he initialed the provisions of the plea agreement that indicated he
2
understood his rights and the criminal charge... More...
   $0 (04-17-2018 - KS)

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