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Constitutional Law Law
 
Communities For A Better Environment v. State Energy Resources Conservation and Development Commission

The State Energy Resources Conservation and Development Commission (Energy
Commission) is the state agency exclusively empowered to license thermal power plants
of over 50 megawatts capacity. (Pub. Resources Code, §§ 25120, 25500, 25517; see City
of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364–
365 (Sonoma).)1
Indeed, pursuant to section 25... More...
   $0 (01-20-2018 - CA)

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. Luis Bedolla G.I. man accused of sexually assaulting niece

On August 4, 2015, the State filed an information charging
Bedolla with seven counts of various degrees of sexual assault
of a child. The offenses involved three different victims and
were charged as having occurred on various dates ranging
from June 2002 through May 2015. One of the counts was
charged as first degree sexual assault of a child, in violation
of Neb. Rev. Sta... More...
   $0 (01-19-2018 - NE)

STATE OF MONTANA v. DENNIS LEO SCHOWENGERDT Deer Lodge man gets life for wife's murder

The initial facts of the case are undisputed: On December 8, 2012, Schowengerdt
killed his wife, Tina Schowengerdt, by repeatedly stabbing her in their home near Deer
Lodge. The following morning, Schowengerdt drove to the police station in Deer Lodge
and, in a recorded statement, told officers that last night he, “killed that son of a bitch [he]
was living with. So arrest me... More...
   $0 (01-19-2018 - WY)

STATE OF NEW MEXICO v. FILEMON V. New Mexico Supreme Court

This case comes to this Court on interlocutory appeal from the Sixth Judicial
3 District Court. Pursuant to Rule 12-201(A)(1)(a) NMRA, the State appeals the district
4 court’s order to suppress two statements, one elicited at the juvenile probation office
5 and the other at the Silver City Police Department.
6 {5} Filemon was on probation for committing a delinquent act and expecte... More...
   $0 (01-19-2018 - NM)

UNITED STATES OF AMERICA v. DAVID E. GORSKI

The charges against Gorski pertain to his role as founder
and vice president of a general contracting and construction
services company, Legion Construction, Inc. Gorski developed the
plan for the company in late 2005. From 2006 to 2010, Legion took
advantage of federal programs in which certain federal agencies
awarded government contracts on a preferential basis to sma... More...
   $0 (01-19-2018 - MA)

STATE OF CONNECTICUT v. VAUGHN OUTLAW Connecticut Judicial Branch

The defendant, Vaughn Outlaw, appeals from the judgment of conviction, rendered after a jury trial, of assault public safety personnel in connection with his assault of an employee of the Department of Correction (department) in violation of General Statutes § 53a-167c (a) (5).1 On appeal, the defendant asserts that the court committed plain error when it did not include detailed language on the u... More...   $0 (01-19-2018 - )

STATE OF CONNECTICUT v. ANTHONY C. MANOUSOS Connecticut Judicial Branch

. The defendant, Anthony C. Manousos, appealsfromthejudgmentofconviction,renderedafter a jury trial, of arson in the first degree in violation of GeneralStatutes§ 53a-111(a)(1).Thedefendantclaims that the trial court improperly (1) denied his motions to suppress various tangible items collected from him, as well as oral statements that he made to the police during an investigatory stop and subsequ... More...   $0 (01-19-2018 - CT)

STATE OF CONNECTICUT v. RAYMOND TUCKER Connecticut Judicial Branch

The defendant, Raymond Tucker, appeals from the judgment of the trial court finding him in violation of probation pursuant to General Statutes § 53a-32. On appeal, the defendant claims that the court (1) erred in admitting a 911 recording into evidence, (2) erroneously found that the defendant had violated his probation, and (3) abused its discretion in imposing a sentence of three years incarcer... More...   $0 (01-19-2018 - CT)

STATE OF NEW JERSEY v. GARY S. HARRIS

Defendant Gary S. Harris appeals from an August 24, 2015
order of the Law Division denying his petition for post-conviction
relief (PCR) couched as a "motion for a new trial."1 Defendant
argues he was deprived of a fair trial based upon ineffective
assistance of counsel and other constitutional violations.
Defendant also contends that the motion judge erred by deciding <... More...
   $0 (01-19-2018 - NJ)

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)

STATE OF NEW JERSEY v. JAZIR GORDON

After his motion to suppress physical evidence was denied
without an evidentiary hearing, defendant Jazir Gordon proceeded
to trial and was found guilty by a jury of third-degree possession
of heroin, N.J.S.A. 2C:35-10a(1); second-degree unlawful
possession of a handgun, N.J.S.A. 2C:39-5b; fourth-degree
possession of a defaced firearm, N.J.S.A. 2C:39-3d; fourth-degree
... More...
   $0 (01-18-2018 - NJ)

Juan Aguilar vs. The State of Florida

On Sunday, December 9, 2007, at approximately 3:00 a.m., a three-car
accident occurred in the four westbound lanes of State Road 836 near the 27th
Avenue exit. At approximately 3:11 a.m., Florida Highway Patrol Trooper
Bobadilla (“Trooper Bobadilla”) received a dispatch regarding this accident.
When he arrived at the scene, Miami Dade Expressway Authority (“MDX”) Road
Ra... More...
   $0 (01-18-2018 - FL)

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 OHIO v. CHRISTOPHER J. MCINTOSH

In Scioto C.P. Case No. 16CR411, the Scioto County Grand Jury returned
an indictment charging Christopher McIntosh with two counts of aggravated trafficking in
drugs, one count of trafficking in drugs, two counts of aggravated possession of drugs,
one count of possession of drugs, one count of having weapons while under disability,
and one count of receiving stolen property, wi... More...
   $0 (01-18-2018 - OH)

United States of America v. $579,475 in U.S. Currency and LNG Express, Inc. Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

LNG Express, Inc. (LNG) appeals the district court’s1 order striking its verified
claim in this civil forfeiture proceeding. We conclude that LNG’s verified claim is
materially indistinguishable from the claim a panel of our court found inadequate in
United States v. $154,853.00 in U.S. Currency, 744 F.3d 559 (8th Cir. 2014). We
therefore affirm.
In September 2014, an Arkansas ... More...
   $0 (01-18-2018 - AR)

Ndioba Niang v. Emily Carroll Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Missouri statutes require African-style hair braiders to be licensed as barbers
or cosmetologists. Ndioba “Joba” Niang and Tameka Stigers challenge this
requirement under the Fourteenth Amendment. The district court1 granted summary
judgment for the State. Having jurisdiction under 28 U.S.C. § 1291, this court
affirms.
African-style hair braiders are required to have a license ... More...
   $0 (01-18-2018 - MO)

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 Minnesota vs. Matthew Vaughn Diamond STATE OF MINNESOTA IN SUPREME COURT

A homeowner in Chaska returned home to find that someone had kicked open her
attached garage’s side-entry door, entered her home, and taken jewelry, electronics, and a
safe. When police officers arrived to investigate the burglary, they discovered two key
pieces of evidence: shoe tread prints on the side-entry door, and, on the driveway, an
envelope with the name “S.W.” writt... More...
   $0 (01-17-2018 - MN)

Brian Trent Rosenbaum v. The State of Texas Brian Trent Rosenbaum

Brian Trent Rosenbaum (appellant) appeals his conviction under § 25.07 of the
Texas Penal Code for violating a protective order and the accompanying twenty-five-year
prison term. One issue lies before us for disposition. It involves the sufficiency of the
evidence establishing that he previously violated two protective orders issued under
Chapter 85 of the Texas Family Code.... More...
   $0 (01-17-2018 - TX)

Ruben Sanchez v. City of Chicago, et al. Northern District of Illinois Courthouse - Chicago, Illinois

Ruben Sanchez appeals the denial
of his motion for a new trial in his § 1983 action against Officer
Louis Garcia of the Chicago Police Department. Sanchez alleges
that the trial court made multiple evidentiary errors,
gave an improper jury instruction, and wrongfully accepted
a partial verdict. Because we conclude that a new trial is not
required, we affirm.
2 No. 16-35... More...
   $0 (01-16-2018 - IL)

William Childress v. The State of Texas Third Court of Appeals, Austin, Texas

The jury heard evidence that, on the evening of March 13, 2016, Childress was in the
crowded Sixth Street entertainment district in downtown Austin during the South by Southwest
music festival. Officer John Evers testified that he first encountered Childress after a disturbance
arose between Childress and a security guard working outside of a restaurant. According to
Officer Ever... More...
   $0 (01-16-2018 - TX)

Christopher Rene Lopez v. The State of Texas Christopher Rene Lopez Registered Sex Offender

Luis Osorio Chavez was the foreman for a landscaping work crew that
included Lopez and Manual Duran. During a typical workday in May 2014, the
three men climbed into a truck around 2:30 p.m. to leave a work site. Chavez
was in the driver’s seat, Lopez was in the passenger’s seat, and Duran sat
between them.
While in the truck, Chavez heard Lopez say something like, “[S]o y... 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)

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