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AMONEO D. LEE v. STATE OF KANSAS

In November 1995, Lee was charged with first-degree murder and criminal possession of a firearm. Lee's first trial ended in a mistrial. Upon retrial, a jury convicted Lee of first-degree murder and criminal possession of a firearm.

At the time of Lee's sentencing, the penalty for first-degree murder was life without parole eligibility for 25 years. K.S.A. 22-3717(b)(1) (Furse 1995). T... More...
   $0 (05-27-2018 - KS)

STATE OF KANSAS v. ROBERT JENSEN

In May 2014, Jensen was traveling on I-70 through Geary County, Kansas. His Colorado-licensed truck lacked a front license plate, but it had a back license plate. A Junction City Police Officer pulled Jensen over for this missing license plate, correctly believing that both a front and a back plate were required by Colorado, the vehicle's state of registration. See Colo. Rev. Stat. § 42-3-201(1)(a... More...   $0 (05-27-2018 - KS)

STATE OF KANSAS v. WENDY RENAE DEEVER

Deever pled guilty to interference with law enforcement, a level 8 nonperson felony, after falsely accusing Officer Rex Vickers of beating and raping her. Deever's criminal history score put her in the presumptive probation box, but the State filed a motion for an upward dispositional departure asserting Deever's conduct during the commission of the offense manifested excessive brutality toward th... More...   $0 (05-27-2018 - KS)

STATE OF KANSAS v. COREY L. JACKSON Rape of a 14-year-old girl MoreLaw Receptionist Services Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

Based on seven fact stipulations with the State, the court convicted Corey L. Jackson of the rape of a 14-year-old girl. He asks us to overturn his conviction because he did not receive a speedy trial. More than 600 days elapsed between his arraignment and his trial. The record reveals that most of the delay was a result of him trying to secure a second DNA test for his defense. Jackson has not co... More...   $0 (05-27-2018 - KS)

STATE OF KANSAS v. BRADLEY A. EMERSON

On January 24, 2016, off-duty police officer, Officer Craig Pyle and his wife witnessed a Chevy truck driving away from the "Hiawatha Farm & Home, Steve's Tractor Repair, and John Deere area." These stores are all a part of Hiawatha Implement, a business that sells agricultural and utility vehicles and services. The truck was pulling a trailer, which was loaded with an implement attachment inside ... More...   $0 (05-27-2018 - KS)

STATE OF KANSAS v. FREDRICK J. LEMONS JR Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

On the morning of May 14, 2015, at approximately 4 a.m., Brent Rump was awakened in his bedroom by a flashlight shining in his face. He was struck in the face with the butt of a handgun, rolled onto his stomach, and was then hit several more times. He observed three or four men in his bedroom. The men continued to batter Rump while yelling at him not to look at them or he would be killed. The men ... More...   $0 (05-27-2018 - KS)

STATE OF KANSAS v. HEATH ALLEN UMPHENOUR Aggravated indecent liberties with a child

A jury convicted Heath Allen Umphenour of one count of aggravated indecent liberties with a child, one count of aggravated criminal sodomy, four counts of sexual exploitation of a child, and two counts of breach of privacy. Four of Umphenour's convictions were off-grid Jessica's Law offenses. For his off-grid Jessica's Law convictions and Kansas Sentencing Guidelines Act (KSGA) grid convictions, ... More...   $0 (05-27-2018 - KS)

STATE OF KANSAS v. TONY TOLIVER

After Toliver's conviction for battery of a law enforcement officer, he was ultimately placed on post-incarceration supervision, i.e., parole, with the Kansas Department of Corrections (KDOC). Toliver signed an agreement that set out the specific conditions of his parole. One of these "Conditions of Release for Post-incarceration Supervision" required his subjection to suspicionless residential se... More...   $0 (05-27-2018 - KS)

State of Nebraska v. Darwin E. Brown Nebraska Supreme Court

In each of these three cases, the State filed an information against Brown in the district court for Lancaster County alleging that he committed the crime of driving under the influence (hereinafter DUI) in violation of Neb. Rev. Stat. § 60-6,196 (Reissue 2010). The dates of the charged offenses were July 19, 2015, and January 16 and May 6, 2016. The State also alleged in each information that at ... More...   $0 (05-27-2018 - NE)

ALEJANDRO GARRIDO, TANYA HOOF, and TANYA HOOF as limited conservator for the minor child M.I. v. TEAM AUTO SALES, INC. Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Hoof and Garrido were involved in a romantic relationship and lived together with M.I. and several other family members in Rapid City. After Hoof’s personal vehicle became inoperable, she decided to purchase another one. On February 10, 2014, Hoof and Garrido went to TAS to search for a vehicle. [¶3.] TAS showed Hoof and Garrido a 1991 Honda Accord it had for sale. The vehicle had over 180,000... More...   $0 (05-27-2018 - SD)

STATE OF MONTANA v. CHRISTOPHER MICHAEL EMTER,

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not
serve as precedent. Its case title, cause number, and disposition shall be included in this
Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana
Reports.
¶2 Christopher Mi... More...
   $0 (05-27-2018 - MT)

Holly B. Geraci v. Union Square Condominium Association Northern District of Illinois Courthouse - Chicago, Illinois

This appeal arises from a Fair Housing
Act (“FHA”) failure to accommodate and retaliation claim.
A jury found in favor of the defendant, Union Square Condominium
Association (“Union Square”). The plaintiff, Holly
Geraci, now appeals asserting that the district court errone2
No. 17‐1945
ously instructed the jury as to the elements for her retaliation
claim, and err... More...
   $0 (05-27-2018 - IL)

Len Boogaard v. National Hockey League, et al. Northern District of Illinois Courthouse - Chicago, Illinois

Len and Joanne Boogaard appeal the dismissal of the wrongful-death action they brought as the personal representatives of the estate of their son, Derek
* Of the Eastern District of Wisconsin, sitting by designation.
2 No. 17-2355
Boogaard. They devote their appeal almost entirely to argu-ments that would spark excitement—or fear—in the heart of a civil procedure student. There is a Ha... More...
   $0 (05-25-2018 - IL)

Terri Raines v. Coastal Pacific Food Distributors,Inc.

APPEAL from a judgment of the Superior Court of San Joaquin County, Linda L.
Lofthus, Judge. Reversed in part and affirmed in part.
Mayall Hurley, William J. Gorham III and Nicholas J. Scardigli for Plaintiff and
Appellant.
Weintraub Tobin Chediak Coleman Grodin, Charles L. Post, Brendan J. Begley,
Meagan D. Bainbridge and James Kachmar for Defendant and Respondent.
2
A... More...
   $0 (05-25-2018 - CA)

Ivan Arnold v. Homeaway, Inc. Western District of Texas Federal Courthouse - San Antonio, Texas

Plaintiffs Ivan Arnold and Deirdre Seim filed separate lawsuits against
Defendant HomeAway, Inc.
1 In each case, HomeAway sought to compel arbitration. Concluding that both Seim and Arnold are bound to arbitrate threshold arbitrability questions, we REVERSE the judgment of the district court in Arnold’s case and AFFIRM the judgment in Seim’s. We REMAND both cases with instructions to compe... More...
   $0 (05-25-2018 - TX)

Gloria Bustillos v. El Paso County Hospital District, et al. Western District of Texas Federal Courthouse - El Paso, Texas

This case stems from a series of increasingly intrusive body searches performed by state medical staff during a border stop in El Paso, Texas. The district court dismissed Appellant’s claims based on qualified immunity, failure to allege a valid claim for county liability under § 1983, and failure to meet Texas state tort standards. We affirm.
BACKGROUND
I. The Search and Seizure
Appel... More...
   $0 (05-25-2018 - TX)

Tyanne Davenport v. Edward D. Jones & Company, L.P. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Tyanne Davenport (“Davenport”) appeals the district court’s order granting summary judgment in favor of Edward Jones & Company, L.P. (“Edward Jones”), on Davenport’s two claims of quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and her state law false light invasion of privacy claim. The district court dismissed Davenport’s c... More...   $0 (05-25-2018 - LA)

Veronica Bennett v. Hartford Insurance Company of the Midwest Middle District of Louisiana Federal Courthouse - Baton Rouge, Louisiana

Defendant-Appellant Hartford Insurance Company of the Midwest (“Hartford”) appeals the district court’s order denying its motion for summary judgment and granting that of Defendant-Appellee Axis Surplus Insurance Company (“Axis”). Hartford also challenges the district court’s grant of Axis’s motion to strike an affidavit submitted in support of its motion for summary judgment as untimely. For the ... More...   $0 (05-25-2018 - LA)

Damian Stinnie v. Richard D. Holcomb Western District of Virginia Federal Courthouse - Roanoke, Virginia

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. Plaintiffs Damian Stinnie, Demetrice Moore, Robert Taylor, and Neil Russo owe court debts and, because of their inability to pay, have had their licenses suspended. They all... More...   $0 (05-24-2018 - VA)

Diane Rodriguez and David Rodriguez, etc. vs Ernst Nicolitz, M.D. and Lenka Champion, M.D.

On April 23, 2013, Mrs. Rodriguez underwent a blepharoplasty on her upper and lower eyelids, a procedure to repair droopy eyelids and to remove excess tissue around the eyes. The surgery was performed by Ernst Nicolitz, M.D., an ophthalmologist. Following the surgery, Mrs. Rodriguez developed an infection in her left eye. Three post-operative examinations of Mrs. Rodriguez were performed by Dr.... More...   $0 (05-23-2018 - FL)

Nathan Dygart vs State of Florida

In the fall of 2011, Nathan Dygart exchanged messages with someone he thought was a fourteen-year-old girl named Amber. The two discussed sports, television, and parents. They also discussed sex, Dygart becoming increasingly explicit. The discussions escalated, and Dygart eventually drove to Tallahassee’s Killearn subdivision, where he planned to have sex with fourteen-year-old “Amber.” When he a... More...   $0 (05-23-2018 - FL)

Rena C. v. Colonial School District Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case arises out of a dispute under the Individuals with Disabilities Education Act (“IDEA”). Under the IDEA, when parents and school districts dispute a child’s educational placement, a parent may file an administrative due process complaint that can lead to an administrative hearing. At least ten days before the dispute reaches a hearing, the school district can extend a settlement offer to ... More...   $0 (05-23-2018 - PA)

Kevin C. Rotkiske v. Paul KLemm, Esq., d/b/a Nudleman, Klemm & Golub, P.C. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to determine when the statute of limitations begins to run under the Fair Debt Collection Practices Act (FDCPA or Act), 91 Stat. 874, 15 U.S.C. § 1692 et seq. The Act states that “[a]n action to enforce any liability created by this subchapter may be brought in any appropriate United States district court . . . within one year from the date on which the violation occurs.” 1... More...   $0 (05-23-2018 - PA)

Tyler Sherman vs State of Florida

This court previously affirmed Sherman’s convictions, Sherman v. State, 160 So. 3d 494 (Fla. 1st DCA 2015), but the supreme court quashed that decision and remanded for reconsideration in light of State v. Shelley, 176 So. 3d 914 (Fla. 2015). On remand, we again affirm. As in today’s decision in Dygart v. State, 1D13-4977 (Fla. 1st DCA May 18, 2018), and as required by our en banc decision in Lee ... More...   $0 (05-22-2018 - FL)

State of Tennessee v. Kenneth Michael McIntosh

On November 5, 2013, a Knox County grand jury issued a presentment charging the defendant with sixteen counts of aggravated child abuse (Counts 1-6, 11-20) and two counts of child abuse (Counts 30-31). The charges stemmed from a series of incidents in which the defendant subjected the victims to physical abuse, prolonged periods of confinement, and restraint with handcuffs. The presentment also c... More...   $0 (05-22-2018 - TN)

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