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Certiorari Law
 
STATE OF KANSAS v. HERMAN R. LANDERS

On May 7, 2012, Landers was charged with aggravated robbery, aggravated burglary, and criminal possession of a firearm. Prior to trial, on January 25, 2013, Landers signed a written plea agreement providing that he would plead no contest to an amended count of robbery, aggravated burglary, and criminal possession of a firearm. The parties agreed to recommend concurrent sentencing and Landers stipu... More...   $0 (01-16-2018 - KS)

David E. Miller v. Tony Mays, Warden Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

David Miller was convicted and sentenced to
death for the 1981 murder of Lee Standifer. His sentence was upheld by the Tennessee Supreme
Court and we affirmed the dismissal of his § 2254 habeas petition. Seeking to revisit his
ineffective-assistance-of-trial-counsel (IATC) claim in light of Martinez v. Ryan, 566 U.S. 1
(2012), and Trevino v. Thaler, 569 U.S. 413 (2013), Miller now ... More...
   $0 (01-16-2018 - TN)

STATE OF NORTH CAROLINA v. JESSE SANTIFORT Kenly officer charged in Taser death back in court

On 3 March 2016, Santifort was employed as a police officer with the Kenly
Police Department. On that date, he became involved in a vehicle pursuit that had
been initiated by deputies employed by the Wilson County Sheriff’s Office.
Eventually, Alexander Thompson — the driver of the vehicle being pursued —
wrecked his truck in an open field. Shortly after calling in the wreck,... More...
   $0 (01-10-2018 - NC)

STATE OF NORTH CAROLINA v. CHRISTOPHER DAVID BARKER COURT OF APPEALS OF NORTH CAROLINA

Defendant was convicted of driving while impaired in Brunswick County
District Court (“the district court”) on 10 December 2015. Upon appeal, Defendant’s
case was then tried before a jury in Brunswick County Superior Court (“the superior
court”) on 22 August 2016. The State’s sole witness at trial was Trooper David Inman
of the North Carolina Highway Patrol (“Trooper Inman”).... More...
   $0 (01-10-2018 - NC)

STATE OF NEW MEXICO v. JOSHUA MAESTAS New Mexico Supreme Court

Following the altercation with Defendant, Barela received treatment for a
10 concussion at Presbyterian Medical Center and her doctor reported a domestic
11 incident to the police. While at the hospital, Deputy Metzgar of the Bernalillo County
12 Sheriff’s Department recorded his interview with Barela, who alleged that on
13 December 2, 2009, Defendant had physically abused her a... More...
   $0 (01-09-2018 - NM)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

STATE OF NORTH CAROLINA v. MICHAEL CHAMEL THOMAS

On 13 April 2011, the Gastonia Police Department conducted a controlled buy
of cocaine through a confidential informant, Kashif Gumbs (“Gumbs”). Officers gave
Gumbs $450 and instructed him to purchase one-half ounce of cocaine from an
individual whom Gumbs knew as “Red.” Once Gumbs arrived at Red’s apartment,
the men went into the kitchen, where Red used scales to weigh out 1... More...
   $0 (01-07-2018 - NC)

STATE OF NORTH CAROLINA v. SAMUEL TYLER POTTER

The record tends to show the following:
At roughly 1:00 AM on 14 August 2012, the Pamlico County Fire Marshal
received a call concerning a burning structure in Grantsboro, North Carolina. A local
sheriff’s deputy arrived first at the scene of the fire, where he was greeted by
Defendant and another gentleman, Michael Block (“Mr. Block”). Defendant told the
sheriff’s depu... More...
   $0 (01-07-2018 - NC)

STATE OF NORTH CAROLINA v. JERRY GIOVANI THOMPSON North Carolina Court of Appeals

On 10 April 2015, law enforcement officers executed a search warrant for an
apartment on Basin Street, in Charlotte, North Carolina. When the officers arrived
at the apartment, defendant was sitting in his car in front of the residence. Two
officers approached defendant in order to prevent any interference with the execution
of the search warrant, and remained near defendant ... More...
   $0 (01-07-2018 - NC)

STATE OF NEW MEXICO v. JENNIFER MARTINEZ New Mexico Supreme Court

Bloomfield Police Sergeant George Rascon pulled over Defendant Jennifer
8 Martinez for failing to stop at a stop sign and, as a result, the police obtained evidence
9 that led to Defendant’s arrest and conviction for driving while intoxicated. In a
10 motion to suppress evidence, Defendant argued that the video from the officer’s on
11 board camera, or “dash-cam,” demonstrated tha... More...
   $0 (01-07-2018 - NM)

GARY LEE MORNINGSTAR, JR. v. STATE OF KANSAS

In 2007, Gary Morningstar was convicted by a jury of one count of rape of a child under the age of 14, one count of aggravated battery, one count of abuse of a child, and one count of aggravated endangerment of a child. The facts of the case are well-known to the parties and need not be reiterated here.
2

Morningstar was sentenced to life imprisonment with no possibility of parole ... More...
   $0 (01-06-2018 - KS)

STATE OF NORTH CAROLINA v. CHRISTOPHER DAVID BARKER North Carolina Court of Appeals

Defendant was convicted of driving while impaired in Brunswick County
District Court (“the district court”) on 10 December 2015. Upon appeal, Defendant’s
case was then tried before a jury in Brunswick County Superior Court (“the superior
court”) on 22 August 2016. The State’s sole witness at trial was Trooper David Inman
of the North Carolina Highway Patrol (“Trooper Inman”).... More...
   $0 (12-31-2017 - NC)

R. J. Reynolds Tobacco Company vs. Barbara Morales

R.J. Reynolds Tobacco Company seeks a writ of certiorari quashing an order
in which the trial court rescinded its prior order allowing R.J. Reynolds to
substitute Dr. Felix Torres for Dr. Myrna Bobet as its addiction expert in a new
trial. The issue is whether this order is justified in light of the misconduct of the
lawyer for R.J. Reynolds at the deposition of Dr. Torres. We... More...
   $0 (12-31-2017 - FL)

UNITED STATES OF AMERICA v. BRAYAN GOMEZ United States Court of Appeals 2nd Circuit

In March 2014, Hartford police detective James Campbell and 10
Drug Enforcement Administration (“DEA”) special agent Michael 11
Schatz––members of a DEA task force––were investigating a large‐12
scale  heroin‐trafficking  organization  operating  out  of  Hartford.
Based  on  information  from  a  wiretap  and  cooperating  sources, 1
Campbell and Schatz suspect... More...
   $0 (12-30-2017 - CT)

STATE OF LOUISIANA V. CODY R. BROWN Louisiana Fifth Circuit Court of Appeal

On December 5, 2014, the Jefferson Parish District Attorney filed a bill of
information charging defendant with one count of possession of heroin with the
intent to distribute in violation of La. R.S. § 40:966(A) and a second count of
possession of cocaine with the intent to distribute in violation of La. R.S. §
40:967(A).1 Defendant was arraigned on February 19, 2015, and ple... More...
   $0 (12-26-2017 - LA)

State of Hawaii v. Donald J. Trump Ninth Circuit Court of Appeals Courthouse - San Francisco, California

For the third time, we are called upon to assess the legality of the President’s efforts to bar over 150 million nationals of six designated countries1 from entering the United States or being issued immigrant visas that they would ordinarily be qualified to receive. To do so, we must consider the statutory and constitutional limits of the President’s power to curtail entry of foreign nationals in... More...   $0 (12-22-2017 - HI)

UNITED STATES OF AMERICA v. LEONARD OLIVER UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Leonard Oliver pleaded guilty to attempt to possess with intent to distribute 500
grams or more of cocaine and was sentenced to ten years in prison, the mandatory minimum
sentence for the offense given his criminal record. See 21 U.S.C. §§ 841(b)(1)(B), 846.1
The district court entered its judgment on September 30, 2011. The following year, Oliver
filed a tLeonard Oliver ple... More...
   $0 (12-20-2017 - SC)

Ervin Isom v. The People of the State of Colorado Supreme Court of the State of Colorado

A jury found Isom guilty of sexual assault on a child, which carries a maximum
presumptive sentence of six years. After an evidentiary hearing, the trial court found
that Isom was a habitual sex offender against children and sentenced him under the
habitual sex offender statute. Concluding that the bottom end of the enhanced sentence
did not have a maximum, the trial court se... More...
   $0 (12-18-2017 - CO)

STATE OF LOUISIANA V. WILLIE J. ELLISON, JR. Fifth Circuit Court of Appeal - State of Louisiana

On October 31, 2007, the Jefferson Parish District Attorney filed a bill of
information charging defendant with possession with intent to distribute heroin, a
violation of La. R.S. 40:966(A) (count one), and possession with intent to
distribute cocaine, a violation of La. R.S. 40:967(A) (count two). On August 23,
2010, defendant pled guilty as charged, and sentencing was set f... More...
   $0 (12-14-2017 - LA)

Mary Beth Mantiply v. Richard D. Horne and Patricia Nelson Horne Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Mary Mantiply appeals the district court’s order awarding Richard and Patricia Horne1 the attorneys’ fees and costs that they incurred because of her unsuccessful appeal of the damages award to the Hornes for her violation of the Bankruptcy Code’s automatic stay provision. This case involves an issue of first impression in this Circuit: whether the Bankruptcy Code authorizes payment of attorneys’ ... More...   $0 (12-11-2017 - AL)

VIRGIL SYLVESTER BRADFORD v. STATE OF KANSAS Theft; Loss of greater than $500 less than $25,000

Bradford filed his pro se K.S.A. 60-1507 motion that is the subject of this appeal in October 2015. He made two claims. First, his convictions for aggravated burglary, aggravated robbery, and theft are multiplicitous with his conviction for capital murder and violate the Double Jeopardy Clause. He argued that "by proving the 3rd element of capital murder ('that the victims were killed as part of t... More...   $0 (12-09-2017 - KS)

MICHAEL LAWRENCE RANDOLPH v. STATE OF KANSAS Rape; Sex Interc w/Victim less than 14 yrs and Off. greater than = 18 yrs

In 2009, a jury convicted Randolph of rape of a child under 14. After denying his departure motion, the district court sentenced Randolph to life in prison with no chance
2
of parole for 25 years, pursuant to Jessica's Law. See K.S.A. 21-4643. This sentence also included lifetime postrelease supervision if Randolph were granted parole. Randolph appealed.

In his direct appeal,... More...
   $0 (12-08-2017 - KS)

MICHAEL JEFFERSON vs. IOWA DISTRICT COURT FOR SCOTT COUNTY Sexual Assault

Michael Jefferson pled guilty to a charge of sexual abuse in the third degree.
The charge was based on a sexual assault of a fourteen-year-old female when he
was twenty-one years old. There was some procedural confusion prior to
sentencing that is not relevant to this proceeding, but eventually, on November 13,
2008, Jefferson was sentenced to ten years in prison and the spec... More...
   $0 (12-06-2017 - IA)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY A/S/O TORI HARVEY UKPAKA v. NICHOLAS D. PAYNE SUPREME COURT OF THE STATE OF OKLAHOMA

When describing an insurer's subrogation claim, we say that the subrogated insurer "steps into the shoes of the plaintiff."1 Here, the original plaintiff, Tori Ukpaka, brought a timely lawsuit against the Defendant/Appellee, Nicholas Payne, for injuries arising out of an automobile accident that happened in 2012. Ukpaka then voluntarily dismissed that lawsuit in 2015--after the statute of limitat... More...   $0 (12-06-2017 - OK)

STATE OF LOUISIANA V. TRAVIS HENDERSON State of Louisiana Court of Appeal, Fourth Circuit

On March 21, 2012, the State filed a bill of information charging defendant
with one count of armed robbery with a firearm, in violation of La. R.S. 14:64, one
count of contributing to the delinquency of a juvenile, in violation of La. R.S.
14:92 E(1), and one count of illegal possession of stolen things, in violation of La.
R.S. 14:69. On March 26, 2012, defendant entered ple... More...
   $0 (12-01-2017 - LA)

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