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Burglary Law
 
Juan Martinez v. The State of Texas

On November 26, 2015, Elizabeth Lopez and her common law husband, Lincoln
Flores, went to Lincoln’s sister’s house to have drinks. About thirty minutes after arriving,
Elizabeth left to go home and work on cooking Thanksgiving dinner. Later, Lincoln’s
sister, Victoria, called Elizabeth and told her that she needed to come pick up Lincoln.
When Lincoln entered the vehicle, he... More...
   $0 (08-20-2018 - TX)

Ex parte Terry Lynn Heath

On August 31, 2017, Terry Lynn Heath was arrested for aggravated assault with a deadly
weapon and unlawful possession of a firearm by a felon. On these charges, his bail was set at
$500,000.00 and $45,000.00, respectively.1 The trial court found that Heath was indigent and
appointed counsel for him. On December 14, 2017 (past ninety days since the date of his arrest),
Heath ... More...
   $0 (08-20-2018 - TX)

Leonard Mornes v. The State of Texas

Appellant shot and killed Jacqueline Armstead and Brigitte Manning at his home in Dallas,
Texas on July 8, 2015. Armstead’s fifteen-year-old daughter Ja’Kaline Evans testified appellant,
Manning, and Armstead were “hanging out,” smoking crack cocaine, and drinking beer at
Armstead’s house that afternoon. Appellant, Manning, and Armstead left together after an hour
or an hour ... More...
   $0 (08-20-2018 - TX)

Marcus Degrazia v. The State of Texas

These are appeals pursuant to Anders v. California. In three causes consolidated for 1
trial, Degrazia pleaded guilty to the offense of burglary of a habitation with intent to commit theft.2
After Degrazia pleaded guilty, the district court heard evidence on punishment. This evidence
included the testimony of Dana James, one of the burglary victims. James testified that on the
m... More...
   $0 (08-20-2018 - TX)

ASHLEY MOERBE V. THE STATE OF TEXAS

Appellant, Ashley Moerbe, without an agreed punishment recommendation
from the State, pleaded guilty to the felony offense of burglary of a habitation.1 The
trial court found appellant guilty, assessed her punishment at confinement for four
years, and certified that she had the right to appeal. Appellant timely filed a notice
of appeal.
Appellant’s appointed counsel on a... More...
   $0 (08-19-2018 - TX)

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)

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. BENJAMIN R. MCMURRAY

McMurray received 12 months of probation after he pleaded guilty to felony theft in Sedgwick County case No. 16CR2060. The district court sentenced McMurray to a seven-month underlying prison sentence that he would have to serve if he did not successfully complete probation. Months later, McMurray was charged with two new crimes in case No. 17CR447—burglary and theft, both felony offenses. McMurra... 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)

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. 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)

United States of America v. Michael John Walker District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This case returns to us after resentencing. In the previous appeal, we vacatedand remanded for reconsideration of whether Michael Walker, who was convicted ofbeing a felon in possession of a firearm, qualified as an armed career criminal. SeeUnited States v. Walker, 840 F.3d 477, 490–91 (8th Cir. 2016). On remand, thegovernment conceded that Walker is not an armed career criminal, but sought a 4-<... More...   $0 (08-17-2018 - MN)

UNITED STATES OF AMERICA v. ROY ALLEN GREEN

In 2001, Green was sentenced to 687 months of imprisonment for convictions on federal drug and firearms charges, including a conviction for conspiracy to distribute methamphetamine. Later that same year, while serving that sentence, Green attacked another inmate with a shank. Green then pleaded guilty to one count of assault with intent to commit murder, in violation of 18 U.S.C. § 113(a)(1). A... More...   $0 (08-17-2018 - PA)

OMAR BLANCO vs. STATE OF FLORIDA

In 1982, a jury convicted Blanco of first-degree murder and armed burglary. We affirmed Blanco’s convictions and sentence of death on direct appeal. Blanco v. State, 452 So. 2d 520 (Fla. 1984). We also upheld the denial of his initial motion for postconviction relief and denied his petition for a writ of habeas corpus. A federal court later vacated the death sentence based on ineffective a... More...   $0 (08-15-2018 - FL)

STATE OF OHIO - vs - DESHAWN PORTER

Defendant-appellant/cross-appellee, DeShawn Porter, appeals the manner in which the Warren County Court of Common Pleas determined his jail-time credit after sentencing Porter to two years in prison. Plaintiff-appellee/cross-appellant, the state of Ohio, appeals the same trial court's decision awarding jail-time credit for days that Porter spent on house arrest. {¶ 2} Porter pled guilty to o... More...   $0 (08-15-2018 - OH)

STATE OF OHIO vs. STEVEN HENDERSON, JR.

Appellant pled guilty in three separate criminal cases. First, in Cuyahoga C.P. No. CR-16-603235-A, appellant pled guilty on March 28, 2016, to robbery and abduction. On April 18, 2016, the trial court sentenced appellant to community control sanctions in a CBCF for a period of one year on his robbery and abduction convictions. The trial court issued a journal entry on the same day modifyi... More...   $0 (08-14-2018 - OH)

State of Ohio v. Anthony Braswell

The following evidence was offered at trial. The accuser in this case, “S.L.,” is Braswell’s former girlfriend. S.L.’s relationship with Braswell ended in 2008 or 2009. On Friday, March 25, 2016, S.L. was at her house, located at 902 Prospect Street, in Toledo, Ohio. S.L. shared the home with her boyfriend, and her boyfriend’s son. S.L. had arranged to take the boy to her sister’s for t... More...   $0 (08-14-2018 - OH)

STATE OF OHIO vs. MARK HILL

On January 27, 2017, Cincinnati Police Officer John Neal was
dispatched to Emming Street to investigate a report of a brick thrown at a house. He
took a statement from the complainants for criminal damaging. While Neal was
investigating on Emming Street, Officers Stavale and Pierson responded
independently to Coon Alley to investigate a possible suspect.
{¶4} When Stav... More...
   $0 (08-13-2018 - OH)

STATE OF OHIO vs. ROGER LANTER

On June 17, 2016, the Cincinnati police were dispatched to a home on
William Howard Taft Road after a reported breaking and entering. The victim, an
86-year-old woman, lived alone. She had left her home for church around 12:00
p.m. and returned after mass had ended at 12:30 p.m. Upon her return, she noticed
that window panes on her backdoor were broken and that the door was ... More...
   $0 (08-13-2018 - OH)

THE PEOPLE OF THE STATE OF ILLINOIS v. DENNIS L. BAILEY

In July 2004, defendant was charged with one count of residential burglary and one count of disarming a peace officer. The circuit court allowed defendant’s public defender to withdraw, and defendant proceeded pro se at his 2005 jury trial. Defendant was found guilty as charged and was sentenced to concurrent prison terms of 24 years on each of the two counts. On direct appeal, defendant’s sole cl... More...   $0 (08-13-2018 - IL)

Kristopher Kanable v. State of Indiana

On Friday, May 6, 2016, four men—Kanable, Xzavier Jordan, Brenton Hoppes, and Jason White—spent the day together, first in Kokomo and then in Lafayette. Jordan drove the men around in his white SUV. While together, the men concocted a plan to take property from a house while armed with a gun. Court of Appeals of Indiana | Memorandum Decision 18A-CR-195 | August 9, 2018 Page 3 of 17 ... More...   $0 (08-12-2018 - 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)

Leonard Mornes v. The State of Texas

Appellant shot and killed Jacqueline Armstead and Brigitte Manning at his home in Dallas, Texas on July 8, 2015. Armstead’s fifteen-year-old daughter Ja’Kaline Evans testified appellant, Manning, and Armstead were “hanging out,” smoking crack cocaine, and drinking beer at Armstead’s house that afternoon. Appellant, Manning, and Armstead left together after an hour or an hour and a half; Armst... More...   $0 (08-11-2018 - TX)

Adam Harris Milligan v. The State of Texas

Appellant was indicted for multiple offenses involving the same complainant including aggravated kidnapping, burglary of a habitation with intent to commit a felony, and several counts of aggravated sexual assault. Appellant requested counsel and counsel was appointed to represent him on August 10, 2015. The offenses were complicated. Numerous pretrial filings, notices of

–2– int... More...
   $0 (08-11-2018 - TX)

STATE OF KANSAS v. CARLOS REYES and BIG MIKE'S BAIL BONDS

In June 2016, Reyes was charged with indecent liberties with a child and aggravated burglary. Bond was set at $100,000. Surety posted an appearance bond for Reyes, who then was released from custody. The bond guaranteed Reyes' appearance at the district court's direction. Reyes did not appear for his December 12, 2016 trial date, so the court ordered the forfeiture of Reyes' bond and issued a warr... More...   $0 (08-10-2018 - KS)

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