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Circumstantial Evidence 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)

Ex parte Shania Mikel Craven

The Little Elm Police Department in Denton County arrested Shania
Craven on February 2, 2018, for Christopher Singh’s murder; the next day, a
magistrate set her bond at $200,000. The trial court found that Shania2 was
indigent and appointed her counsel on February 7, 2018.
On February 15, 2018, Shania filed an “Application for Writ of Habeas
Corpus or in the Alternative Mo... More...
   $0 (06-24-2018 - TX)

John Anthony Dobbs v. The State of Texas

Following the fourteen-year-old victim’s report to her father that Dobbs,
who was living in their garage, had “raped” her, the victim’s mother and father
took her to Cook Children’s Medical Center. Stacy Henley, a pediatric SANE
who was part of the Child Advocacy Resource and Evaluation team, met with the
victim and took down her patient history verbatim for the purpose of med... 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)

Lee Charles Jones v. The State of Texas

A grand jury re-indicted Jones for aggravated assault with a deadly
weapon.2 Jones entered an open plea of guilt. The trial court deferred
sentencing pending preparation of a PSI.
At the punishment hearing, when the State offered the completed PSI into
evidence, Jones’s counsel said, “No objection.” At the conclusion of the hearing,
the trial court assessed punishment ... 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)

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. 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. David Cahoon, Johnathan Bull, Johnathan Park Williams and Timothy Cahoon Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

Raleigh, NC - Hyde County, North Carolina Men Plead Guilty to Waterfowl Baiting Charges

DAVID CAHOON 59, JOHNATHAN BULL 47, JOHNATHAN PARKER WILLIAMS 52, and TIMOTHY CAHOON 49, recently plead guilty to charges of aiding and abetting others to take migratory waterfowl with the use or aid of bait, and hunting migratory waterfowl over an area that was baited.

During the 2016-2017 wa... More...
   $0 (06-24-2018 - NC)

United States of America v. Daniel Thomas Hersl District of Maryland Federal Courthouse - Baltimore, Maryland

Baltimore, MD - Former Baltimore Police Department Detective Sentenced to 18 Years in Federal Prison for Racketeering, Including Robberies, Overtime Fraud, and Submitting False Reports

U.S. District Judge Catherine C. Blake sentenced former Detective Daniel Thomas Hersl, age 48, of Joppa, Maryland to 18 years in federal prison, followed by three years of supervised release, for racketeer... More...
   $0 (06-24-2018 - MD)

United States of America v. Grandy Nester Western District of Virginia Federal Courthouse - Abington, Virginia

Abington, VA - North Carolina Man Sentenced to 295 Months on Gun and Drug Conspiracy Charges

Multi-jurisdictional Investigation Dismantled Methamphetamine Trafficking Organization

Grandy Nester, 33, of Pilot Mountain, N.C., was sentenced in the United States District Court in Abingdon as a result of Operation Rolling Thunder, an investigation conducted by the Bureau of Alcohol, ... More...
   $0 (06-24-2018 - VA)

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. BRANDON C. WALKER

The State charged Walker with one count of forgery in November 2016 for attempting to cash an altered check about six weeks earlier. See K.S.A. 2017 Supp. 215823 (defining forgery, a severity level 8 nonperson felony). Walker qualified for an accelerated disposition of the charge under a program the Sedgwick County District Attorney uses to promptly offer persons prosecuted for nonviolent felonies... 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)

STATE OF KANSAS v. JOHN B. KOOP

John B. Koop appeals his conviction and sentence for attempted second-degree murder. The parties are well acquainted with the events that led to this conviction so we need not recount them here. We move directly to Koop's three claims of error: (1) this charge should have been dismissed because the State violated his right to a speedy trial; (2) he should get a new trial because the district co... More...   $0 (06-23-2018 - KS)

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. 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)

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