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Civil Procedure Law
 
Shameka Winslett v. 1811 27th Avenue, LLC

Shameka Winslett filed a complaint asserting various claims against her former
landlord Yugal Sagi and his LLC after he failed to make repairs to her apartment and filed
an unlawful detainer action against her. Sagi responded by filing an anti-SLAPP motion to
strike three of these claims, for retaliation and retaliatory eviction under Civil Code section
1942.5,1
former subdivis... More...
   $0 (08-15-2018 - )

MILO A. ROSE vs. STATE OF FLORIDA

In 1985, this Court affirmed Rose’s conviction for first-degree murder and his death sentence. Rose v. State (Rose I), 472 So. 2d 1155, 1156 (Fla. 1985). In so doing, we explained the facts as follows: At approximately 10 p.m. on October 18, 1982, several witnesses were talking together outside one of their residences.

Testimony at trial revealed that they saw two men walking down th... More...
   $0 (08-15-2018 - FL)

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 Tennessee v. Dedrick Wiggins

This appeal arises from the shooting death of Larry Richards (“the victim”) on November 6, 2013, for which Defendant was subsequently indicted for first degree premeditated murder (Count 1), first degree felony murder (Count 2), and three counts of convicted felon in possession of a firearm (Counts 3-5). The case proceeded to trial in May 2016. Benjamin Piercetestified that, around 2:00 a.m. on ... More...   $0 (08-15-2018 - TN)

State of Tennessee v. Geremy Paul Mathis

The Appellant’s indictment for initiating a process intended to result in the manufacture of methamphetamine occurred after motel employees discovered components of a “meth lab” in a motel room and notified the police. The police surveilled the motel room and saw the Appellant enter and leave the room. The police then stopped the Appellant’s vehicle for a traffic infraction and found a meth lab ... More...   $0 (08-15-2018 - TN)

STATE OF TENNESSEE v. A.B. PRICE, JR. and VICTOR TYRONE SIMS1

There is no dispute as to the facts or circumstances that give rise to this appeal. The record shows that when the Defendants initially attempted to enter their guilty pleas, the trial court refused to accept their negotiated plea agreements and “expressed reservations” as to whether the court could accept them because they would be subject to the PSA. The trial court urged the parties to “consi... More...   $0 (08-15-2018 - TN)

State of Tennessee v. Robert Taylor

The Shelby County Grand Jury charged the defendant with two counts of first degree murder, two counts of employing a firearm during the commission of a dangerous felony, one count of possessing a firearm after being convicted of a felony drug offense, and one count of possessing a firearm after being convicted of felony evading arrest, all arising from the shooting deaths of Eric Whittaker and Jon... More...   $0 (08-15-2018 - TN)

COMMONWEALTH vs. EDWARD GALARZA

The jury could have found the following facts. On September 15, 2015, at approximately 1:50 A.M., State police Trooper Matthew Stone was on patrol in a marked sport utility vehicle on Armory Street in Springfield, a high crime area. Stone saw a pickup truck traveling in excess of the posted speed limit. As Stone increased his speed to catch up with the pickup truck, the truck rapidly slowed d... More...   $0 (08-15-2018 - MA)

Eden Gonzalez Has v. Fhodyco Productions

After crossing the finish line at the 2011 Kaiser Permanente San Francisco Half
Marathon, Peter Hass (Hass) tragically suffered a cardiac arrest, collapsed, and died.
Hass’s wife, Eden Hass, and his two minor children (collectively, the Hass Family)
consequently filed this wrongful death action, alleging that numerous race-affiliated
individuals and entities—including event organiz... More...
   $0 (08-15-2018 - CA)

Mark C. James v. Sam Woods; Stephanie Welborn Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal—interwoven with a custody dispute—arrives in our court following a father’s report of sexual misconduct inflicted on his child by the child’s stepfather. Upon investigation by the St. Tammany Parish Sheriff’s Office, the stepfather was arrested and charged with aggravated incest. A state-court jury ultimately acquitted him at trial, and he later filed these malicious-prosecution and in... More...   $0 (08-14-2018 - LA)

Malcolm Kelso v. Christine A. Butler, et al. Western District of Louisiana Federal Courthouse - Lafayette, Louisiana

After plaintiff Malcolm Kelso rested his case, opposing counsel moved for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50. The district court granted the motion. Kelso requests that we reverse and remand, contending that the motion did not “specify . . . the law and facts that entitle[d] the movant to the judgment.”1 We affirm the district court’s judgment.
Case: 15-... More...
   $0 (08-14-2018 - LA)

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

Minneapolis, MN - Justice Department Reaches Agreement with the City of Minneapolis to Resolve Disability and Genetic Information Discrimination Complaint

The Justice Department today announced that it reached an agreement with the City of Minneapolis to resolve its lawsuit alleging discrimination on the basis of disability and genetic information. The Justice Department’s complaint alleg... More...
   $0 (08-14-2018 - MN)

United States of America v. The Royal Bank of Scotland Group plc (RBS) District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Royal Bank of Scotland Agrees to Pay $4.9 Billion for Financial Crisis-Era Misconduct
Settlement Is Largest Penalty Imposed On A Single Entity By The Justice Department For Financial Crisis-Era Misconduct

The Justice Department announced a $4.9 billion settlement with The Royal Bank of Scotland Group plc (RBS) resolving federal civil claims that RBS misled investors in th... More...
   $0 (08-14-2018 - MA)

STATE OF OHIO v. THOMAS E. KUBAT

On September 12, 2012, appellant was charged with unlawful sexual conduct with a minor and rape in a 22 count indictment. Counts 1 through 11 were for unlawful sexual conduct with a minor (one count for each month between September of 2011 and July of 2012). Counts 12-22 were for rape (one count for each month between September of 2011 and July of 2012). The victim in all of the charges was a mino... More...   $0 (08-14-2018 - OH)

STATE OF OHIO -vs- JONATHAN WASHINGTON

This case began on October 21, 2016 when appellant accosted Dominique Granger and forced him into a red Grand Am. Mr. Granger reported that appellant robbed and kidnapped him from his residence on October 21, 2016. He testified that he was exiting his home when appellant struck him in the head with a gun and forced him into the driver's seat of a red Pontiac Grand Am, a vehicle owned by Mr. G... More...   $0 (08-14-2018 - OH)

United States of America v. Prempeh Ernest Agyemang Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

Raleigh, NC - Justice Department Secures the Denaturalization of Individual Convicted of Sexual Abuse by a Substitute Parent/Custodian

On August 8, 2018, Chief Judge James C. Dever III of the U.S. District Court for the Eastern District of North Carolina entered an order that revoked the naturalized U.S. citizenship of a child sex offender, restrained and enjoined him from claiming any ri... More...
   $0 (08-14-2018 - NC)

United States of America v. Tessicar Karelle Jumpp, a/k/a Stephanie Phelps Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

Alexandria, VA - Jamaican Woman Sentenced for Lottery Scam Targeting Elderly Victims

A Jamaican citizen was sentenced today to six years in prison for orchestrating a lottery fraud that scammed elderly victims out of approximately $385,000.

“The financial and emotional harm these scams cause elderly victims and their family members can be devastating,” said G. Zachary Terwilliger... More...
   $0 (08-14-2018 - VA)

United States of Amrica v. Ancient Coin Collectors Guild District of Maryland Federal Courthouse - Baltimore, Maryland

This appeal is pursued by the Ancient Coin Collectors Guild (the “Guild”) from the judgment in the District of Maryland ordering forfeiture to the United States of seven ancient Cypriot coins and eight ancient Chinese coins, which were imported into this country by the Guild. Incorporated within its challenge to the propriety of the district court’s summary judgment decision, the Guild contests th... More...   $0 (08-14-2018 - MD)

Bryan Manning v. Donald Caldwell Western District of Virginia Federal Courthouse - Roanoke, Virginia

Virginia law criminalizes the possession, purchase, or consumption of alcohol by someone who has been interdicted by a Virginia court. Interdiction is a civil order designating that a person is a “habitual drunkard” or has been convicted of driving while intoxicated. In this case, a group of homeless people suffering from alcoholism challenged the constitutionality of Virginia’s interdiction statu... More...   $0 (08-14-2018 - VA)

Monster Energy Company v. Bruce L. Schechter

When a settlement agreement provides that the “[p]laintiffs and their counsel
agree” to keep the terms of the agreement confidential, and when the plaintiffs’ counsel
signs the agreement under the words, “Approved as to form and content,” can the
plaintiffs’ counsel be liable to the defendant for breach of the confidentiality provision?
We answer this question, “No.”

FACT... More...
   $0 (08-14-2018 - CA)

STATE OF OHIO v. JAMES F. COYLE

On February 1, 2017, Coyle’s wife, Erin Coyle, filed a report with the Butler Township Police Department in which she alleged that, the night before, Coyle had physically abused and forcibly restrained her in their residence during a protracted marital dispute; she also alleged that, during a previous dispute on January 23, 2017, Coyle had destroyed a laptop computer belonging to her employer.... 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. WILLIS REESE

Defendant Willis Reese was charged with several offenses, including aggravated vehicular hijacking (720 ILCS 5/18-4(a)(3) (West 2006)), vehicular invasion (720 ILCS 5/12-11.1 (West 2006)), attempted armed robbery (720 ILCS 5/8-4, 18-2 (West 2006)), and escape (720 ILCS 5/31-6 (West 2006)). The public defender was appointed to represent defendant, but defendant subsequently informed the trial court... More...   $0 (08-13-2018 - IL)

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)

Thomas E. St. Pierre v. Retrieval Masters Creditors Bureau, Inc. District of New Jersey Federal Courthouses

In this appeal following the District Court’s dismissal of Appellant Thomas E. St. Pierre’s class action complaint, we consider a matter of first impression among the Courts of Appeals: whether unpaid highway tolls constitute the type of “debt” that could support a consumer claim under the Fair Debt Collection Practices Act. Because we conclude they do not, we will affirm.
I. Background1
A... More...
   $0 (08-13-2018 - NJ)

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