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Cause In Fact Law
 
Terry Lee McElroy v. The State of Texas

A jury convicted Appellant Terry Lee McElroy of continuous sexual abuse
of a child under fourteen years of age. Appellant pleaded true to two prior felony
convictions, and the trial court sentenced him to a mandatory life sentence.

Appellant brings a single issue on appeal, arguing that the trial court reversibly
erred in sustaining the State’s objection to his voir dire... More...
   $0 (06-24-2018 - TX)

Marco McCain v. The State of Texas

In March 2016, a grand jury indicted McCain with aggravated assault. In
the indictment, the State alleged that he had caused serious bodily injury to
Lacy—a member of his household or a person with whom he had a dating
relationship—by striking her with his hand. The State also alleged that during the
assault, McCain had used his hand as a deadly weapon.
Through his ini... More...
   $0 (06-24-2018 - TX)

Jonathon Farshid Fayyazi v. The State of Texas

Officer Delaney Green with the Southlake Police Department was on patrol
in her marked patrol car in Southlake in the early morning hours of April 9, 2016.
She testified at trial that around 3:00 a.m. she was traveling north on Davis
Boulevard when she noticed a vehicle—later identified as being driven by
Appellant—that appeared to be traveling at “a very high rate of speed.” ... More...
   $0 (06-24-2018 - TX)

Savanna McIntare v. The State of Texas

Because Appellant does not contest the sufficiency of the evidence to
support her conviction, we will summarize the evidence to the extent necessary
to contextualize her points.
The record shows that Appellant shot the victim—her husband, Don
McIntare—twelve times at close range with three different pistols. Appellant
testified at guilt-innocence. She admitted that she sh... More...
   $0 (06-24-2018 - TX)

Eric Andrew Martinez v. The State of Texas

On the evening of February 22, 2015, Martinez attended a family birthday
party at his aunt’s house. Among the attendees were three of Martinez’s cousins—
Amanda Davalos and her brothers, Moses and Alfredo “A.J.” Lopez. Also in
attendance was Amanda’s fiancé, the complainant, Mitchell Briddick.
According to Moses’s and Amanda’s trial testimony, everyone at the party
was dr... More...
   $0 (06-24-2018 - TX)

OKLAHOMA'S CHILDREN, OUR FUTURE, INC. v. COBURN Oklahoma Supreme Court

On May 1, 2018, Respondents/Proponents Dr. Tom Coburn, Brooke McGowan, and Ronda Vuillemont-Smith (collectively, Proponents) timely filed Referendum Petition No. 25, State Question No. 799 (the petition) with the Oklahoma Secretary of State. The petition seeks to refer HB 1010xx, passed by the 56th Legislature of the State of Oklahoma during its second special session, to the people of Oklahoma fo... More...   $0 (06-24-2018 - OK)

DAVID URBAN v. KANSAS DEPARTMENT OF REVENUE

David Urban appeals the suspension of his driver's license. After Urban was arrested for suspicion of driving under the influence of alcohol, he submitted to an evidentiary breath test. Based on the result, the Kansas Department of Revenue suspended his license.

In this appeal, Urban argues that his license suspension should be overturned because—only a few days after his DUI arrest—t... More...
   $0 (06-24-2018 - KS)

STATE OF KANSAS v. KRISTOFER TYLER ALLEN

Kristofer Tyler Allen appeals the district court's decision to revoke his probation in two cases and remand him to serve his original sentences. We granted Allen's motion for summary disposition pursuant to Supreme Court Rule 7.041A (2018 Kan. S. Ct. R. 47). The State responded and asked this court to affirm the district court's decision to revoke probation and summarily dispose of Allen's sentenc... More...   $0 (06-24-2018 - KS)

STATE OF KANSAS v. PATRICK CHRISTOPHER MORERE

On June 21, 2017, Morere pled no contest to one count of possession of marijuana with intent to distribute. The parties expected that Morere's criminal history score would be category H, and the State agreed to recommend the mitigated presumptive sentence. The presentence investigation report disclosed Morere's criminal history score as D, rather than H. Morere filed a departure motion requesting ... More...   $0 (06-24-2018 - KS)

United States of America v. Teon Shamal La'Shane Douglas Middle District of North Carolina Federal Courthouse - Greensboro, North Carolina

Greensboro, NC - Lee County Project Safe Neighborhood Program Yields Guilty Plea, Sentencing, Of Repeat Offenders For Federal Firearms Violations

One Lee County man pleaded guilty to possession of a firearm by a convicted felon and possession of a firearm with an altered or obliterated serial number, and another Lee County man was sentenced for possession of ammunition by a convicted felo... More...
   $0 (06-24-2018 - NC)

In re: KBR, INC., Burn Pit Litigation. District of Maryland Federal Courthouse - Greenbelt, Maryland

The Constitution entrusts the President and Congress, not the courts, with the power to resolve political questions. See Japan Whaling Ass’n v. Am. Cetacean Soc’y, 478 U.S. 221, 230 (1986); Taylor v. Kellogg, Brown & Root Servs., Inc., 658 F.3d 402, 408–409 (4th Cir. 2011). The issue before us is whether a suit brought by United States military personnel, civilian contractors, and surviving family... More...   $0 (06-24-2018 - MD)

United States of America v. Lee Boyd Malvo v. Randall Mathena, Chief Warden, Red Onion State Prison Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

In Virginia in 2004, a defendant convicted of capital murder, who was at least 16 years old at the time of his crime, would be punished by either death or life imprisonment without the possibility of parole, unless the judge suspended his sentence. After a Virginia jury convicted Lee Boyd Malvo of two counts of capital murder based on homicides that he committed in 2002 when he was 17 years old, i... More...   $0 (06-24-2018 - VA)

STATE OF KANSAS v CALEB WADE OSBORN

Caleb Wade Osborn appeals the district court's decision revoking his probation and ordering him to serve his underlying prison sentence. We granted Osborn's motion for summary disposition in lieu of briefs pursuant to Kansas Supreme Court Rule 7.041A (2018 Kan. S. Ct. R. 47). The State has filed no response.

On April 7, 2016, Osborn pled no contest to possession of methamphetamine in F... More...
   $0 (06-23-2018 - KS)

STATE OF KANSAS v. DANA M. SIEBOLD

Dana M. Siebold appeals her conviction for possession of methamphetamine and the district court's assessment of the Board of Indigents' Defense Services (BIDS) attorney fees. The information filed in her case alleged facts consistent with possession of methamphetamine, but the information listed the wrong subsection of the statute—one that does not apply to possession of methamphetamine. Siebold a... More...   $0 (06-23-2018 - KS)

STATE OF KANSAS v. MALIK T. YATES

Malik Yates pled guilty to aggravated burglary, interference with law enforcement, and battery. The district court denied his motion to withdraw his pleas, and this appeal followed.

On October 13, 2016, Yates moved pro se to have his counsel, Chris Sagan and Ann Wollery, replaced because of various complaints about their performance. Four days later Sagan and Wollery, who were not yet... More...
   $0 (06-23-2018 - KS)

STATE OF KANSAS v. JAY A. CONTELLO

In October 2014, the State charged Contello with two counts of making a false information, a severity level 8 nonperson felony. The parties entered into a plea agreement in which Contello agreed to plead guilty to one count of making a false information and the State agreed to dismiss the other count. In addition, the State agreed to recommend that Contello be granted probation even though he was ... More...   $0 (06-23-2018 - KS)

STATE OF KANSAS v. JOSHUA PAUL JONES

On September 21, 2014, Kansas Highway Patrol Trooper Steven Sites was conducting speed checks along Highway 50 when Jones drove past at a speed of 105 miles per hour in a 65 mile-per-hour zone. Sites saw the truck weave and cross the white lane line at least twice. Sites stopped Jones. Sites told Jones the purpose of the stop and
requested his driver's license and registration. Sites smelled ... More...
   $0 (06-23-2018 - KS)

STATE OF KANSAS v. KERRY D. JENKINS

On October 21, 2014, Kelly Spires, the manager of a Save-A-Lot in Wichita, reported to police that a man had walked out of the store with a cart of groceries for which he had not paid.

Wichita Police Officer Robert Bachman responded to the scene and spoke with Spires. She told him she had been within 10 to 15 feet of the man and asked him if he had a receipt. She looked him right in th... More...
   $0 (06-23-2018 - KS)

United States of America v. Jesse Edward Lester Westerm District of Pennsylvania Federal Courthouse - Johnstown, Pennsylvania

Johnstown, PA - Cambria County Man Lied on Federal Firearms Purchase Form Claiming He was Buying it for Himself

A Cambria County resident pleaded guilty in federal court to a charge of false statement to a federally licensed firearms dealer.

Jesse Edward Lester, 36, of Sidman, Pa., pleaded guilty to the indictment before United States District Judge Kim R. Gibson.

In con... More...
   $0 (06-23-2018 - PA)

STATE OF KANSAS v. PABLO CONSTANTINO

On December 24, 2014, Kiowa County Deputy Sheriff Danny McDorman was observing traffic on U.S. Highway 54, between Greensburg and Haviland, Kansas. Although U.S. Highway 54 is mostly a two-lane highway between Greensburg and Haviland, McDorman's patrol car was located about one-fourth of a mile before the end of a four-lane limited stretch of highway.

A little bit after noon, Deputy M... More...
   $0 (06-23-2018 - KS)

STATE OF KANSAS v. STEVEN W. NANCE

Steven Nance appeals the district court's denial of his motion to correct an illegal sentence. He was convicted of five counts of indecent liberties with a child that took place in March 1993, before the July 1, 1993 effective date of the Kansas Sentencing Guidelines Act. Because of that, Nance was sentenced under the previous Kansas sentencing laws under which many sentences were of indeterminate... More...   $0 (06-23-2018 - KS)

STATE OF KANSAS v. JACOB MICHAEL MARTIN

Martin stole Brittani Jenson's golf clubs from a van, then pleaded guilty to burglary of a vehicle and theft. The district court sentenced him to probation with an
2

underlying sentence of five months' imprisonment and held a hearing to determine the amount of restitution. Heather Jenson, Brittani's mother, testified at that restitution hearing. She explained that at the time o... More...
   $0 (06-23-2018 - KS)

STATE OF KANSAS v. WILLIAM JOSEPH LONNIE HULSEY JR.

In March 2016, Hulsey pled guilty to possession of methamphetamine, a severity level 5 drug felony, and possession of marijuana, a class A misdemeanor. On April 25, 2016, the district court granted Hulsey a downward dispositional departure and sentenced him to 12 months' probation. In December 2016, the State filed a motion to revoke Hulsey's probation, alleging he failed to follow the terms of hi... More...   $0 (06-23-2018 - KS)

STATE OF KANSAS v. BRIAN JOSHUA LUTZ

Topeka Police Officers Brandon Austin and Scott Sinsel were surveilling a home because of complaints of drug activity. Austin was also acting as a field training officer for Sinsel. The officers saw a vehicle approach the house and leave shortly thereafter. Austin decided to follow the vehicle.

After following the vehicle, Austin observed the vehicle fail to signal a lane change. Austin... More...
   $0 (06-23-2018 - KS)

Gerald Carroll v. E One, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Plaintiffs are firefighters who allege that they suffered hearing losses caused by the loud noise emitted by a manufacturer’s fire sirens. A perfunctory investigation conducted by the manufacturer during discovery revealed the firefighters’ lawsuit to be clearly time-barred, and also revealed that one firefighter had not even suffered hearing loss attributable to noise exposure. Eventually, Plaint... More...   $0 (06-23-2018 - PA)

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