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Common Law Law
 
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)

STATE OF KANSAS v. CHRISTOPHER R. WARD

Ward and his friend Andrew Rhodes formed and operated a construction business, All Construction Guaranteed Roofing and Restoration (ACG). Their financial arrangement was a loose one. They merely orally agreed to become general contractors who would supply materials and hire subcontractors to perform work on projects. Neither had a set salary; occasionally they would estimate profits and divide the... More...   $0 (01-16-2018 - KS)

Tracey E. George, et al. v. Tre Hargett Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

In November 2014, Tennessee voters approved an
amendment to the Tennessee Constitution making clear that the Constitution is not to be
construed as securing or protecting a right to abortion or requiring funding of an abortion.
Understandably, the amendment was a matter of no small controversy. In fact, more votes were
cast in favor of and opposition to the amendment than were cast... More...
   $0 (01-16-2018 - TN)

Western-Southern Life Assurance Company v. George W. Kaleh Southern District of Texas Courthouse - Houston, Texas

This case involves a lender who sued a guarantor for the breach of three personal guarantees. George Kaleh signed the guarantee agreements in conjunction with a real-estate-development project, and Western-Southern Life Assurance Company financed the project. After the borrowers defaulted on the underlying loans, Western foreclosed on the property and sued Kaleh.
The district court conducted a... More...
   $0 (01-15-2018 - TX)

United States of America v. William Carl Welsh Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

In January 2011, William Carl Welsh pleaded guilty in an Oregon federal district court to failing to comply with the Sex Offender Registration and Notification Act (“SORNA”) and was sentenced to 673 days in the custody of the Bureau of Prisons. Welsh admitted that he had not updated his sex offender registration in Oregon when he left the state to move to Belize. While in the custody of the Bureau... More...   $0 (01-15-2018 - NC)

Marie DiFiore v. CSL Behring, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Marie DiFiore asserted claims against her former employer, CSL Behring, for retaliation in violation of the False Claims Act, and for wrongful discharge under a theory of constructive discharge in violation of Pennsylvania state
3
law. The False Claims Act (“FCA”) includes an anti-retaliation provision for employee whistleblowers who engage in activity protected by the FCA. The District Co... More...
   $0 (01-14-2018 - PA)

Golden Eagle Land Investment, L.P. v. Rancho Sante Fe Association

This is an appeal and cross-appeal from an anti-SLAPP ruling which granted the
defense motion to strike in part and denied it in part. (Code Civ. Proc.,1 § 425.16.)
Plaintiff and appellant Golden Eagle Land Investment, L.P. (Golden Eagle) and its
coplaintiff and appellant Mabee Trust (the Trust; sometimes together, Appellants)2 own
real property in the vicinity of Rancho Santa Fe. ... More...
   $0 (01-14-2018 - CA)

State of Tennessee v. Mario Donte Keene Mario Keene Sentenced To Life In Prison

Amanda Harris, who was charged with felony murder for her participation in the victim’s death, testified at trial that, prior to her participation in the offenses at issue, she was addicted to crack cocaine and Xanax. She stated that she had taken drugs since she was in the eighth grade and that she had previously been convicted of theft, domestic violence, and reckless endangerment with the use ... More...   $0 (01-13-2018 - TN)

COMMONWEALTH vs. EDWARD CURRAN Massachusetts Appeals Court

General Laws c. 123A, § 15, allows incompetent
persons who are unable to stand trial for qualifying sex
offenses to be deemed sexually dangerous based on the commission
of those offenses. In 2008, we held that this proceeding did
not violate due process or equal protection because of the
rights the Legislature explicitly included in the statute to
"protect an incompe... More...
   $0 (01-13-2018 - MA)

State of Ohio v. Willie Lee Wright, Jr.

Following a jury trial, appellant Willie L. Wright, Jr. was convicted of
domestic violence against his live-in girlfriend at the time, the victim, for two incidents,
each a violation of R.C. 2919.25(A) and (D)(4), a felony of the third degree. Count 2
occurred on November 16, 2015, and Count 3 occurred on June 16, 2016. Appellant was
found not guilty of domestic violence all... More...
   $0 (01-13-2018 - OH)

State of Ohio v. Devonte Brown Toledo teen charged with murder of ex-girlfriend and her brother takes plea deal

On August 10, 2015, appellant invaded the victim’s home, stabbed her 17
times, killed her son, raped, kidnapped and killed her daughter, and stole her vehicle.
When later confronted by police in the stolen vehicle, he fled and crashed.
{¶ 4} Appellant was the age of 16 at the time he committed these acts, and he was
the estranged boyfriend of the daughter. There was a no-con... More...
   $0 (01-13-2018 - OH)

State of Minnesota vs. Daryl Negel Curtis Man convicted in St. Paul O'Reilly parking lot murder

At around 8 p.m. on June 12, 2016, McDaniel was shot and killed in the parking lot
of an auto parts store in Saint Paul. Immediately before McDaniel was shot, he was
standing next to his cousin, Z.M., and looking under the hood of a car. At trial, Z.M.
testified that she did not see the shooter’s face, but did see a light-skinned black man
wearing a red shirt running away fro... More...
   $0 (01-13-2018 - IA)

Commonwealth of Virginia v. Jordan DAvid Baird Prince William County Courthouse - Manassas, Virginia

Manassas, VA - Youth Minister Convicted of Indecent Liberties With a Minor

The Commonwealth of Virginia charged Jordan David Baird, age 26, with five county of indecent liberties with a minor by a custodian. The Commonwealth asserted by Baird repeatedly groped and propositioned a 16-year-old girl who was worshipped with him at the Life Church in Manassas.

§ 18.2-370.1. Taking ... More...
   $0 (01-13-2018 - VA)

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