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Common Carrier Law
 
STATE OF KANSAS v. CHRISTOPHER M. HARRIS

In February 2015 Gregory Swiger and Catherine Richard were walking to a liquor store when they came upon Christopher Harris. Swiger and Harris got into an argument, and Swiger stated that he was going to "whip [Harris'] butt." Swiger did not follow through on the threat, however, because he did not want to get in any trouble. Swiger testified that as he started to walk away, Harris pulled out a kn... More...   $0 (01-19-2018 - KS)

State of Nebraska v. Teon D. Hill Man convicted of killing 34-year-old Omahan

A December 10, 2013, surveillance video shows Dunn making a purchase at a liquor store at 30th and Pinkney Streets in Omaha at approximately 9:54 p.m. The purchase was placed in a white plastic bag. Surveillance video indicates
that Dunn then walked toward 28th Avenue. At approximately 10 p.m., a gunshot detection system notified the Omaha Police Department of six shots fired in the area. Offi... More...
   $0 (01-19-2018 - NE)

UNITED STATES OF AMERICA v. JEROME WILSON Man arrested minutes after attempting to steal $10K in armed bank robbery, police say

The facts of the case are not in dispute. Wilson pled guilty to three counts of unarmed bank robbery or attempted bank robbery in violation of 18 U.S.C. § 2113(a), and the District Court sentenced him to 151 months’ imprisonment, three years of supervised released, restitution of $3,122, and a special assessment of $300. The sentence was based in part on two enhancements: one for being a career ... More...   $0 (01-19-2018 - PA)

Erotic Service Provider Legal Education and Research Project v. Georg Gascon, etl. Northern District of California Federal Courthouse - San Francisco

Plaintiff-appellant Erotic Service Provider Legal,
Education & Research Project; K.L.E.S.; C.V.; J.B.; and
John Doe (collectively, “ESP”) appeal the district court’s
dismissal of their 42 U.S.C. §1983 action. ESP claims that
Section 647(b) of the California Penal Code, which
criminalizes the commercial exchange of sexual activity,
violates: (1) the Fourteenth Amendment subs... More...
   $0 (01-19-2018 - CA)

United States of America v. Sanford J. Wishnev v. The Northwestern Mutual Life Insurance Company Northern District of California Federal Courthouse - San Francisco

We ask the California Supreme Court to resolve two open
questions of state law that have significant effects on
insurance companies and insureds in California.
An initiative measure enacted in 1918 (the Initiative), Cal
Civ. Code §§ 1916-1–5, limits the amount of interest lenders
may charge, and provides that lenders may not compound
WISHNEV V. 4 NORTHWESTERN MUTUAL
int... More...
   $0 (01-19-2018 - CA)

McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...
   $0 (01-19-2018 - CA)

STATE OF NEW JERSEY v. KEITH SCOTT, a/k/a KASAAON R. WILLIAMS

We discern the following facts from the record on appeal. On
July 14, 2014, a Jersey City police officer received a phone call
from a confidential informant (CI) regarding an individual in
possession of a firearm in public. The CI reported that a black
male, wearing a white t-shirt and blue jeans with a handgun in his
waistband, was present in the area of an address on O... More...
   $0 (01-18-2018 - )

STATE OF NEW JERSEY v. DANTE C. GRANGER

Tried by a jury, defendant Dante C. Granger appeals from his
conviction for second-degree unlawful possession of a handgun,
N.J.S.A. 2C:39-5(b). The jury acquitted defendant of third-degree
resisting arrest, N.J.S.A. 2C:29-2(a)(3)(a). The trial court
sentenced defendant to a seven-year term of imprisonment with
forty-two months of parole ineligibility, pursuant to the Gr... More...
   $0 (01-18-2018 - NJ)

STATE OF NEW JERSEY v. ARTHUR L. HOYLE, a/k/a SKINNYMAN HOYLE, and ARTHUR HOYLE

Defendant, who was charged with multiple drug offenses, filed
numerous pretrial motions, including a motion to suppress evidence
obtained from the use of a global positioning system (GPS) tracker
and a motion to recuse the trial court judge. After the court
denied the motion to suppress and the motion to recuse, defendant
pled guilty to first-degree possession with intent... More...
   $0 (01-18-2018 - NJ)

State of Tennessee v. Quantez Person Jury hung in trial of former FedEx employee accused of rape, exposing HIV

Originally charged with aggravated rape and criminal exposure to HIV, the defendant was convicted by a Shelby County Criminal Court jury of criminal exposure to HIV based upon hisengaging in unprotected sexual acts with the victim in March 2012.

At the defendant’s May 2016 trial, the victim testified that as she walked from her home to the home of a friend, a man driving a Chrysler conver... More...
   $0 (01-18-2018 - TN)

State of Tennessee v. Christopher Jerald Crowley Nashville man charged in death of homeless man

During the early morning hours of October 18, 2012, the victim, Robert Mitchell, was sleeping on a bench across the street from the Criminal Justice Center in downtown Nashville. The victim’s aunt, Linda Cloyd, testified at trial that the victim typically lived with family members, but that in October 2012 the victim was homeless and working at the Nashville Rescue Mission. Mario Hambrick was th... More...   $0 (01-18-2018 - TN)

STATE OF OHIO v. JIBRIIL A. HERSI

In March of 2016, Mr. Hersi was driving his semi-truck and trailer westbound on
Interstate 76. Inspector Richard Bell, a civilian working with the Ohio State Highway Patrol as a
Federal Motor Carrier Officer in a marked vehicle, activated his lights and siren and attempted to
stop Mr. Hersi’s semi-truck for a safety inspection. According to Inspector Bell, when Mr. Hersi
did ... More...
   $0 (01-18-2018 - OH)

Dering Pierson Group, L.L.P. v. Daniel Thomas Kantos District of Minnesota Federal Courthouse - Minneapolis, Minnesota

In the bankruptcy case of Daniel Thomas Kantos (“Debtor”), Dering Pierson Group, LLC (“DPG”) filed suit seeking a determination that its claim against Debtor is nondischargeable. The Bankruptcy Court1 held that DPG had not sustained its burden of proving that Debtor had willfully or maliciously caused an injury to DPG under § 523(a)(6). It also concluded that collateral estoppel did not apply beca... More...   $0 (01-18-2018 - MN)

Nicholas Lewis v. Scottrade, Inc. Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Nicholas Lewis filed this putative class action against Scottrade, Inc., a
securities brokerage firm, alleging violations of the Missouri Merchandising Practices
Act, Mo. Rev. Stat. §§ 407.010 et seq., breach of a common law fiduciary duty, and
unjust enrichment. After Lewis filed the action in the Southern District of California,
it was transferred to the Eastern District of Misso... More...
   $0 (01-18-2018 - MO)

Samuel Duran v. U.S. Bank National Association

In our second encounter with this class action case, plaintiffs Samuel Duran and
Matt Fitzsimmons appeal from the trial court’s order denying class certification. This
case is a wage and hour class action challenging whether defendant U.S. Bank National
Association (Bank) had properly classified its business banking officers (BBOs) as
exempt employees under the outside salesperson ... More...
   $0 (01-18-2018 - CA)

STATE OF OHIO vs JACQUES GOERGES K.

The record reveals that Appellant, Jacques Goerges K. Daboni,
was indicted on September 23, 2014, in case number 14CR173 in the Meigs
County Court of Common Pleas on multiple felonies, which included three
Meigs App. Nos. 16CA5, 16CA6 and 16CA7 3
counts of trafficking in heroin, one count of possession of heroin, and one
count of engaging in a pattern of corrupt activity. ... More...
   $0 (01-17-2018 - OH)

State of Missouri v. Jeffrey L. Bruner

Considering the evidence in the light most favorable to submission of a self-defense
instruction, the record shows Mr. Bruner and his wife, Michelle Hale, were estranged.
Mr. Bruner testified that to his knowledge she was not seeing anyone else, though he was
aware she had met a college football coach for a lunch date. He later learned the coach
was Derek Moore.
Mr. Bru... More...
   $0 (01-17-2018 - MO)

Raynaldo Rivera Ortiz Texas Fifth Court of Appeals, Dallas Texas

In his first issue, appellant contends the evidence is legally insufficient to prove he
committed cruelty to a nonlivestock animal. The information alleged appellant “intentionally,
knowingly, and recklessly caused bodily injury to an animal, to-wit: a dog by shooting the dog
with a pellet gun, without the effective consent of Roxanne Bogdan, the owner.” See TEX. PENAL
CODE A... More...
   $0 (01-17-2018 - TX)

Adrian Cardona Velasquez v. The State of Texas 5th Court of Appeals - Dallas, Texas

On August 4, 2014, L.P. and her two daughters, ten-year old E.P. and one-year old S.P.,
were walking to a supermarket in Dallas, Texas, when a small, red, four-door vehicle pulled up
next to them “very, very slowly, almost to a stopping point.” The driver was the only passenger
in the vehicle. E.P. was walking beside her mother, who was pushing S.P. in a stroller. E.P.
testi... More...
   $0 (01-17-2018 - TX)

Garrett Ballard v. The State of Texas Constable’s son convicted of capital murder after killing 2 friends

The following summary comes from the evidence presented at trial. The victims
in this case—Fox and E.B.—were friends with Ballard. Prior to the offense, the three men ate
dinner with E.B.’s family to celebrate E.B.’s birthday and then went to Ballard’s parents’ home
to hang out and to take a hallucinogen that they had purchased earlier from C.J. On the night 3
in question, Balla... More...
   $0 (01-16-2018 - TX)

Patrick Johnson v. The State of Texas Third Court of Appeals, Austin, Texas

Johnson was charged with aggravated sexual assault of a child and with two counts
of indecency with a child. See Tex. Penal Code §§ 21.11(a)(1)-(2), 22.021(a). The alleged victim,
C.S., lived in Johnson’s neighborhood, and the indictment alleged that C.S. was under fourteen
years of age at the time of the offenses. During the trial, the State called several witnesses, including
... More...
   $0 (01-16-2018 - TX)

Demico Stanley v. The State of Texas Stanley sentenced to 75 years for Lewisville murder

In 2015, Richard Myles lived in a small, one-bedroom apartment on the
second floor of a building in the Hampton Bay apartment complex with his
fiancée, Laura, and their 23-month-old son, David.2 While Laura worked two
jobs, Myles cared for David. He also sold marijuana to earn extra money.
Whenever he left the apartment, he carried his marijuana stash with him in a
gree... More...
   $0 (01-16-2018 - TX)

STATE OF KANSAS v. STEVEN TERRY JORDAN

Around 1:30 a.m. on February 6, 2013, in Great Bend, Kansas, A.W. was preparing to go sleep. She had worked at a nearby gas station that evening and had just sent her cousin home because it was late. About 10 minutes after getting into bed, A.W. heard footsteps on her front porch and a loud banging at her front door, as if someone was kicking it in. A.W. turned on her light, picked up her cell pho... More...   $0 (01-16-2018 - KS)

STATE OF KANSAS v. JAIME MICHELLE CARTER

The facts in this case are tragic but they are not complex and are not challenged in this appeal. The procedural history, however, is extensive and relevant and must be laid out in some detail.

In the early evening of May 25, 2014, Carter was involved in a collision in Leavenworth County. Her eastbound sedan crossed the road's centerline and struck a motorcycle driven by Kristopher Steu... More...
   $0 (01-16-2018 - KS)

CITY OF TOPEKA v. WILLIE L. MURDOCK

Willie L. Murdock appeals from his conviction of possession of drug paraphernalia under Topeka Municipal Code. 9.50.040(a)(2). He argues (1) the district court erred when it denied his motion to suppress because he did not give Officer Matthew Blassingame consent to enter his apartment; (2) the court erred when it denied his motion to suppress because the plain view doctrine was not satisfied; (3)... More...   $0 (01-16-2018 - KS)

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