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Certiorari Law
 
ENOCH D. HALL vs. STATE OF FLORIDA

This Court has previously detailed the underlying facts of this case. Hall v.
State (Hall I), 107 So. 3d 262, 267-71 (Fla. 2012). Relevant to the instant
proceeding, Hall, an inmate at Tomoka Correctional Institution (TCI), was
convicted and sentenced to death for the first-degree murder of Correctional
Officer (CO) Donna Fitzgerald. Hall v. State (Hall II), 212 So. 3d 1001,... More...
   $0 (04-16-2018 - FL)

STATE OF LOUISIANA Vs. TRUNG LE

On June 29, 2014, sometime between 2:00 a.m. and 2:50 a.m., an exchange
of gunfire between two shooters erupted in the 700 block of Bourbon Street, near
the intersection with Orleans Street in the French Quarter. This incident resulted in
the untimely death of Brittany Thomas (hereinafter “Ms. Thomas”), the attempted
murder of an unknown male, and injury to numerous bystanders ... More...
   $0 (04-13-2018 - LA)

The People of the State of Colorado v. Franck Armand Belibi

Franck Belibi was charged with a number of felony and misdemeanor counts
following an incident in which he struck and killed a pedestrian with his car. He
ultimately entered into a plea arrangement, in which he agreed to plead guilty to one
count of attempt to influence a public servant and to pay $4,728 to the Victim’s
Compensation Fund to offset payments made for the deceden... More...
   $0 (04-10-2018 - CO)

STATE OF IOWA vs. DEONTE THOMPSON Iowa Court of Appeals

Deonte Thompson appeals from the district court’s denial of his motion to
reduce the sentence imposed upon his 2015 conviction for second-degree
robbery, in violation of Iowa Code sections 711.1 and .3 (2015). He contends
counsel was ineffective because in arguing the motion to reduce sentence counsel
failed to raise due-process and equal-protection challenges to the non-retro... More...
   $0 (04-05-2018 - IA)

American Insurance Company v. Lazaro Rodriguez

Amerisure Insurance Company seeks certiorari review of the trial court’s
order denying its motion to dismiss or abate the spoliation of evidence claim
asserted by the plaintiff, Lazaro Rodriguez. Because Amerisure has failed to meet
the threshold requirement of showing that the trial court’s order creates irreparable
harm, we dismiss the petition for lack of jurisdiction.
Backg... More...
   $0 (04-04-2018 - FL)

STATE OF KANSAS v. JAMES K. KAHLER

A recitation of some family history preceding the murders is necessary to put Kahler's crimes in context. In 2008, the Kahler family—husband, Kahler; wife, Karen; teenage daughters, Emily and Lauren; and 9-year-old son, Sean—was living in Weatherford, Texas. Kahler was the director of the public utilities department, and Karen was a personal trainer. Both adults had successful careers. Acquaintanc... More...   $0 (03-31-2018 - KS)

DANIEL L. DUPREE v. STATE OF KANSAS

On October 15, 2012, Dupree pled guilty pursuant to Alford v. North Carolina, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970), to an amended charge of seconddegree intentional murder, kidnapping, aggravated burglary, aggravated robbery, aggravated assault, and two counts of aggravated endangering of a child. In the written plea agreement, Dupree agreed "to waive his right to appeal or collater... More...   $0 (03-29-2018 - KS)

The People of the State of Colorado v. Alfred Gabriel Sandoval Supreme Court of the State of Colorado

Alfred Sandoval was charged with first degree assault, a class three felony, and
possession of a weapon by a previous offender, a class five felony. Sandoval entered
into a plea agreement to the reduced charge of felony menacing, a class five felony, in
exchange for dismissal of the original charges. The plea agreement also provided that
Sandoval would not be sentenced to the... More...
   $0 (03-29-2018 - CO)

UNITED STATES OF AMERICA v. ALDRIC BORDEAUX

Defendant‐Appellant  Aldric  Bordeaux  (“Bordeaux”)  appeals  the District Court’s judgment convicting him of one count of unlawful  possession of a firearm in violation of 18 U.S.C. § 922(g)(1)1 and of  1 “It shall be unlawful for any person . . . who has been convicted in any  court of[ ] a crime punishable by imprisonment for a term exceedin... More...   $0 (03-28-2018 - CT)

Freedom From Religion Foundation, Inc., et al. v. Concord Community Schools Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond

Since ancient times, people have been
celebrating the winter solstice, which occurs around the third
week of December in the Northern Hemisphere. Many of
these celebrations are religious in nature, and so in the modern
United States they have led to a depressingly steady
stream of First Amendment challenges, in which one party
wishes to express its religious views in the pu... More...
   $0 (03-27-2018 - IN)

John R. Turner v. United States of America Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Appellant John Turner asks us to overrule
nearly four decades of circuit precedent holding that the Sixth Amendment right to counsel does
not extend to preindictment plea negotiations. See United States v. Moody, 206 F.3d 609, 614–
15 (6th Cir. 2000) (citing United States v. Sikora, 635 F.2d 1175 (6th Cir. 1980)). We decline to
do so. Our rule—copied word for word from the Supreme ... More...
   $0 (03-26-2018 - TN)

Nicole Haberle v. Officer Daniel Troxell Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Timothy Nixon was a troubled man. After stealing a firearm, he told his partner, Nicole Haberle, that he was going to commit suicide. When a police officer employed by the Borough of Nazareth learned of that threat, he did not wait for trained crisis support professionals but instead knocked on the door of the apartment where Nixon was located and announced his presence. Nixon immediately shot him... More...   $0 (03-22-2018 - PA)

STATE OF KANSAS v. KARLAN E. MCINTYRE

In this case, the State originally charged McIntyre with aggravated indecent liberties with a child. In another case, it charged her with three drug crimes. McIntyre entered a global plea agreement in the drug-related case and the State dismissed this case. McIntyre then filed a motion to withdraw her plea and the district court allowed her to withdraw her plea. The State then reinstated the charg... More...   $0 (03-21-2018 - KS)

Pauline Burkhart v. R.J. Reynolds Tobacco Company Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal, brought by three tobacco companies (“Appellants”), challenges on multiple grounds the judgment entered against them and in favor of Pauline Burkhart for compensatory and punitive damages. The judgment was awarded after a bifurcated, ten-day trial in which the jury found in Burkhart’s favor on her claims of negligence, strict liability, fraudulent concealment, and civil conspiracy. Thi... More...   $0 (03-12-2018 - FL)

John Doe v. Eric Holcomb Southern District of Indiana Federal Courthouse - Indianapolis, Indiana

John Doe, whose legal name is Jane
Doe,1 is a transgender man residing in Marion County, Indiana.
Though Doe is originally from Mexico, the United States
granted him asylum in 2015 because of the persecution he
might face in Mexico for being transgender. But this suit arises
out of Doe’s treatment in the United States. He alleges that he
faces harassment and discrimination ... More...
   $0 (03-02-2018 - IN)

United States of America v. Gabriel Werdene Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case arises from the Federal Bureau of
Investigation’s (FBI) investigation into Playpen, a global
online forum that existed on the dark web1 and that was
1 “The dark web is a private global computer network
that enables users to conduct anonymous transactions without
revealing any trace of their location.” Ahmed
Ghappour, Searching Places Unknown: Law Enforcement
3... More...
   $0 (02-23-2018 - PA)

Michael Dasher v. RBC Bank (USA), d/b/a RBC Bank Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Defendant RBC Bank (USA) (“RBC”) appeals the district court’s denial of a motion to compel arbitration. We affirm, albeit for reasons different than those cited by the district court.

I.

Michael Dasher held a checking account with RBC and used a debit card for that account. Dasher asserts RBC failed to properly warn him of possible overdrafts at points of sale when he used his de... More...
   $0 (02-21-2018 - )

United States of America v. Michael Herrold Northern District of Texas Federal Courthouse - Dallas, Texas

Three decades ago, Congress set the courts upon a new course for the sentencing of federal defendants, moving away from a long-in-place system that gave wide discretion to federal judges to impose sentences from nigh no prison time to effective life sentences.
* Judges Willett and Ho joined the court after this case was submitted and did not participate in the decision.
United States Court... More...
   $0 (02-20-2018 - TX)

Linde, et al. v. Arab Bank, P.C. Eastern District of New York Courthouse - Brooklyn, New York

The sixteen named plaintiffs on this consolidated appeal are
victims, or the relatives of victims, of three terrorist attacks
perpetrated in Israel by Hamas between March 2002 and June 2003.
Together with hundreds of other alleged victims and the surviving
relatives of victims of alleged Hamas attacks, the named plaintiffs
commenced actions in the United States District Court f... More...
   $0 (02-13-2018 - NY)

Eric Greene, a/k/a Jarmaine Q. Trice Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Eric Greene appeals from the denial of his motion to vacate the final judgment entered against him in his habeas corpus challenge to the validity of his 1996 state court conviction on charges of second degree murder, robbery, and conspiracy to commit robbery. At the core of this appeal is whether the failure to properly present to the state courts a claim that Greene’s direct appeal counsel was in... More...   $0 (02-09-2018 - PA)

Judith Pinborough Zimmerman, Ph.D. v. University of Utah and Dr. William McMahon Utah Supreme Court of Utah - Salt Lake City, Utah

¶1 This case comes to us on certification from the United States District Court for the District of Utah. UTAH R. APP. P. 41. The certified questions are as follows:
1. Is the Free Speech Clause of the Utah Constitution self-executing? 2. If question 1 is answered in the affirmative, what are the elements of a claim brought under the clause? 3. Does an employee who receives notice that his or ... More...
   $0 (02-05-2018 - UT)

STRICKLAND v. STEPHENS PRODUCTION COMPANY Oklahoma Capital Building - Oklahoma City, Oklahoma

On October 6, 2014, David Chambers, who was an employee of RDT Trucking, Inc., was dispatched to an oil-well site in Crescent, Oklahoma, to pick up waste water. Stephens Production Company and Stephens Production Company Continental Properties, LLC (SPC) were the owners and operators of the well. Upon arrival at the well, Mr. Chambers worked on or around a device known as a "heater treater." Durin... More...   $0 (01-24-2018 - OK)

Walter Stephen Jackson v. Los Lunas Community Program District of New Mexico Federal Courthouse - Albuquerque, New Mexico

This civil rights class action lawsuit was filed thirty years ago to challenge
various aspects of the institutionalization of developmentally disabled individuals at
two state-supported facilities in New Mexico. After a lengthy trial in 1990, the
district court ruled that Defendants—the two institutions and the individuals charged
with their operation—were violating class members’ ... More...
   $0 (01-23-2018 - NM)

The People of the State of Colorado v. David Bueno David Bueno murder conviction vacated: Carol Chambers's office hid evidence, says David Lane

Michael Snyder, a white inmate at the Limon Correctional Facility (“LCF”), told
his wife in a recorded phone conversation that he had been ordered to stab another
inmate. The next day, Jeffrey Heird, another white inmate at LCF, was found stabbed
to death in his cell. Snyder would later tell investigators that Heird was the man he had
been ordered to kill.
¶5 Immediately... More...
   $0 (01-23-2018 - CO)

William Baxter v. California State Teachers' Retirement System

Eleven retired teachers (Teachers) who had been employed in the Salinas Unified
High School District (District), disputed attempts by appellant California State Teachers’
Retirement System (CalSTRS) to recoup retirement benefit overpayments. The
overpayments were the result of a years-long miscalculation by the District of the
monthly retirement benefits to which the Teachers were ... More...
   $0 (01-21-2018 - CA)

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