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Constitutional Tort Law
 
Erlis Joseph Chaisson v. The State of Texas

Chaisson was charged by indictment with five counts of aggravated assault of a
child and ten counts of indecency with a child by contact. See id. §§ 21.021, 22.11. Prior
to trial, the State waived several counts, leaving one count of aggravated assault of a
child and four counts of indecency with a child by contact. At the close of the State’s
case, appellant’s motion for di... More...
   $0 (04-20-2018 - TX)

Joyce Ledderer v. Gursey Schneider

Plaintiff Joyce Lederer employed accounting firm Gursey
Schneider LLP and its employee Spencer Inada (collectively,
Gursey) to manage her finances. As part of their agreement,
Gursey purchased insurance for Joyce1 and her family members.
Joyce requested that Gursey purchase uninsured/underinsured
insurance with a policy limit of $5 million. Gursey actually
purchased a polic... More...
   $0 (04-20-2018 - CA)

Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a... More...
   $0 (04-20-2018 - HI)

United States of America v. Christopher M. Holbroo District of New Mexico Federal Courthouse - Las Cruces, New Mexico

Las Cruces, NM - Former Las Cruces U.S. Customs and Border Protection Officer Pleads Guilty to Obstruction of Justice

The Justice Department announced that on April 19, 2018 former U.S. Customs and Border Protection (CBP) officer Christopher M. Holbrook pleaded guilty in federal court in Las Cruces, New Mexico, to obstruction of justice.

The charge stems from Holbrook’s falsific... More...
   $0 (04-19-2018 - NM)

Andrew Michael Psyk v. The State of Texas

At around 6:00 a.m. on the morning of October 20, 2013, at least two
witnesses contacted 911 after observing a dark SUV driving erratically on Interstate
59 northbound. One witness stayed on the phone with the 911 operator and followed
behind the vehicle until a state trooper arrived on the scene.
When the trooper located the vehicle, he followed it for a short period of time ... More...
   $0 (04-19-2018 - TX)

Truitt Russell Cook v. The State of Texas

Appellant does not challenge the sufficiency of the evidence so we will mention
only so much of the background facts as necessary for our disposition of his issues. On
February 12, 2015, appellant and Tianna Insall robbed the A1 Smoke Shop in rural
Tarrant County. They wore dark glasses and bandannas. Appellant carried what the two
store employees called “a gun.” Once insid... More...
   $0 (04-19-2018 - TX)

Carl J. Teixeira v. United States of America Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

Las Vegas, NV - Carl J. Teixeira sued the United States of America on a federal tort claim act auto negligence theory.... More...   $0 (04-19-2018 - )

Marcus Owney v. United States of America ex rel. Federal Bureau of Investigation Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

Los Angeles, CA - Marcus Owney sued The United States of America ex rel. Federal Bureau of Investigation on a federal tort claim act auto negligence theory.... More...   $0 (04-18-2018 - CA)

Michael Piekarski v. United States of America Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

Minneapolis, MN - Michael Piekarski sued The United States of America on a federal tort claim act auto negligence theory.... More...   $0 (04-18-2018 - MN)

STATE OF KANSAS v. SANDRA S. WILLIAMS

On October 21, 2016, the State filed a complaint charging Williams with one count of identity theft, one count of theft, and one count of criminal use of a financial card. During the first day of the preliminary hearing on the charges, Nathan Marah testified that he had been the general manager of a Steak & Shake restaurant in Johnson County since August 2016. On September 15, 2016, he received a ... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. EARNEST LEE TAYLOR

Taylor pled guilty to aggravated assault and possession of methamphetamine. He entered into a plea agreement with the State providing in part:

"In return for Defendant's successful plea of Guilty as set forth in paragraph 1 the State will dismiss Counts 2, 4 and 5, and the following recommendations will be made: "a. The parties agree to recommend the middle number in the applicable KSGA... More...
   $0 (04-18-2018 - KS)

STATE OF KANSAS v. BRANDON R. WILLIAMS

On the morning of December 12, 2015, Jordan Ray left his residence in Wichita to go to work. At about 11 a.m., Ray received a phone call from Williams. Williams and Ray had known each other for about 10 years. Although Williams and Ray were not friends, Williams had visited Ray's residence on multiple occasions to play video games. Ray returned Williams' call and Williams said he had left a shirt ... More...   $0 (04-18-2018 - KS)

Norman Whitney, Sr. v. City of St. Louis, et al. Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Norman Whitney, Sr. (“Whitney Sr.”) brought this action after his son, a
pretrial detainee who had recently been treated for suicidal thoughts, hanged himself
in a cell that was monitored by closed-circuit television. Whitney Sr. asserted state
law wrongful death claims and federal claims under 42 U.S.C. § 1983 against
correctional officer Shelley Sharp and the City of St. Louis. T... More...
   $0 (04-18-2018 - MO)

Ida Krecek and Mary Ann Finch v. United States of America Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

San Diego, CA - Ida Krecek and Mary Ann Finch sued The United States of America on a federal tort claim act negligence theory.... More...   $0 (04-17-2018 - CA)

Zane Schoenfeld v. Tranvis Sides

This appeal involves the distinction between claims of false arrest
and malicious prosecution. When someone is falsely arrested or
maliciously prosecuted, state actors face potential liability under 42 U.S.C.
§ 1983. But the two claims differ: The claim of malicious prosecution is
confined to seizures (for purposes of the Fourth Amendment) based on
“‘legal process’” like a warr... More...
   $0 (04-17-2018 - CO)

STATE OF KANSAS v. HERSHEL A. KEMP

A jury sitting in Lyon County District Court convicted Defendant Hershel A. Kemp of committing multiple sex crimes, including several off-grid felonies, against K.R., his wife's minor daughter. Kemp has appealed, claiming numerous errors in the eight-day trial. Although Kemp received something short of a perfect trial, we find he received a fair trial, and the law requires no more than that. See... More...   $0 (04-17-2018 - KS)

STATE OF KANSAS v. GERARDO G. SAUCEDO

Saucedo's prior Washington felony conviction was for a residential burglary under Wash. Rev. Code Ann. § 9A.52.025(1). On appeal he argues that the district court erred in classifying this prior conviction as a person felony. He claims that because two elements of the Washington conviction are broader than the elements of the comparable Kansas crime, the district court engaged in improper judicial... More...   $0 (04-17-2018 - KS)

JOE N. MONDRAGON v. STATE OF KANSAS

In 2007, Mondragon was charged with rape of a child under the age of 14 in violation of K.S.A. 2006 Supp. 21-3502(a)(2) and two counts of aggravated indecent liberties with a child under the age of 14 in violation of K.S.A. 2006 Supp. 213504(a)(3)(A). All three charges are off-grid person felonies. Although the caption of the complaint stated that Mondragon was born in 1945, the body of the compla... More...   $0 (04-17-2018 - KS)

STATE OF KANSAS v. TONY JAY MEYER

In February 2013, 18-year-old Meyer sodomized his 7-year-old foster sister. The State charged him with one count of aggravated criminal sodomy, and later added a single count of aggravated indecent liberties with a child. Both crimes are off-grid person felonies. K.S.A. 2012 Supp. 21-5504(c)(3); K.S.A. 2012 Supp. 21-5506(c)(3).

The State and Meyer entered into a plea agreement. Meyer a... More...
   $0 (04-17-2018 - KS)

STATE OF KANSAS V. COREY N. MOYE

The State charged Moye with attempted murder, aggravated battery, aggravated assault, criminal threat, aggravated escape from custody, and aggravated battery of a law enforcement officer. Moye then agreed to plead no contest to aggravated battery and aggravated assault, and he initialed the provisions of the plea agreement that indicated he
2
understood his rights and the criminal charge... More...
   $0 (04-17-2018 - KS)

STATE OF KANSAS v. CHRISTOPHER BOOTHBY

On June 8, 2014, Boothby arrived at the home of Gena and Jason Burnett. Jason and Boothby are first cousins. Gena was home at that time and saw Boothby's truck pull
2
into the driveway. Boothby sat in his truck for quite a while but eventually entered the house and came to the kitchen. He opened the refrigerator and started looking through it. Gena and one of her sons asked Boothby quest... More...
   $0 (04-17-2018 - KS)

STATE OF KANSAS v. PRESTON DE'JHAN DEAN

Dean and Devina Johnson were in a relationship. Dean went to Johnson's apartment late one evening in March 2015. She was asleep when he arrived, but Johnson left her apartment door unlocked for Dean. After entering the apartment, Dean noticed a missed call on Johnson's phone. It was from the father of her children. This angered Dean because he was concerned that Johnson was sending him money. Dean... More...   $0 (04-17-2018 - KS)

STATE OF KANSAS v. ROBBIE A. THOMAS

Robbie A. Thomas was convicted of aggravated battery, abuse of a child, and aggravated endangering a child. These charges arise from an incident while Thomas was babysitting his girlfriend's children on July 2, 2015. The child in question was age two and had soiled his pants. On appeal, Thomas does not argue that the evidence did not establish that he was the cause of the child's burns when he wa... More...   $0 (04-17-2018 - KS)

MICHAEL MATTOX v. STATE OF KANSAS

In 2002, a jury found Mattox guilty, among other things, of aiding and abetting in the reckless second-degree murder of John Lane. Although the facts are fully set out in Mattox's direct appeal, State v. Mattox, 280 Kan. 473, 124 P.3d 6 (2005) (Mattox I), and his previous K.S.A. 60-1507 motion, Mattox v. State, 293 Kan. 723, 267 P.3d 746 (2011) (Mattox II), we briefly discuss the facts to give con... More...   $0 (04-17-2018 - KS)

ESTATE OF WAYNE KENNETH DUCHENEAUX vs. DOUGLAS D. DUCHENEAUX SUPREME COURT OF THE STATE OF SOUTH DAKOTA

A detailed summary of the facts underlying this case are outlined in Estate of Ducheneaux v. Ducheneaux, 2015 S.D. 11, 861 N.W.2d 519. Wayne Ducheneaux died testate on November 18, 2011, leaving six children. On January 6, 2009, Wayne executed a will dividing his estate equally among his five
daughters1 while “intentionally making no provisions . . . for [his] son Douglas Ducheneaux,” with ... More...
   $0 (04-17-2018 - SD)

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