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Declaratory Judgment 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)

Michelle Echlin v. PearceHealth, d/b/a PeaceHealth Southwest Medical Center Western District of Washington Federal Courthouse - Seattle, Washington

We must decide whether, under the Fair Debt Collection
Practices Act, a company that sent letters demanding that
hospital patients pay their overdue medical bills meaningfully
participated in the hospital’s efforts to collect debts.
I
Michelle Echlin is a former patient of PeaceHealth
Southwest Medical Center (PeaceHealth) in Vancouver,
4 ECHLIN V PEACEHEALTH
Washin... More...
   $0 (04-20-2018 - WA)

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)

Salvador Zarate v. The State of Texas

The State’s first witness was Starr County Sheriff’s Officer Justin Falcon. Officer Falcon
testified that he was working in the jail, on December 24, 2014, when he received a call from
Justice of the Peace Salvador Zarate Jr. instructing him to reduce the bonds for both Daisy Rich
and Harry Rich from $30,000.00 each to $5,000.00 each. Officer Falcon explained that although
it... More...
   $0 (04-19-2018 - TX)

Ex parte Vester Saylee Vester G Saylee - Registered Sex Offender

Appellant Vester Saylee seeks to appeal the trial court’s denial of her application for
writ of habeas corpus. See Tex. Code Crim. Proc. art. 11.072, § 8.
The appellate rules require the trial court to certify the defendant’s right of appeal
each time it enters a judgment of guilt or other appealable order. Tex. R. App. P. 25.2(a)(2). We
are required “to examine a certification ... More...
   $0 (04-19-2018 - TX)

Samuel Hal Wade v. The State of Texas 65 Years: Judge Goodwin Drops the Hammer on Sex Offender By Revoking Probation

Appellant Samuel Hal Wade was placed on deferred adjudication community
supervision after he pled guilty to three counts of aggravated sexual assault of a child for sexual
abuse perpetrated against his two biological daughters. See Tex. Penal Code § 22.021(a)(1)(B),
(2)(B); Tex. Code Crim. Proc. art. 42A.101. Subsequently, the trial court granted the State’s 1
motions to adjudica... More...
   $0 (04-18-2018 - TX)

All Green Electric, Inc. v. Security National Insurance Company

Plaintiff and appellant All Green Electric, Inc. (All Green),
appeals from a grant of summary judgment in favor of its insurer,
defendant and respondent Security National Insurance Company
(SNIC). All Green requested that SNIC defend a lawsuit alleging
that All Green negligently installed electrical equipment for a
medical scanner. The trial court concluded that the lawsuit fel... More...
   $0 (04-18-2018 - CA)

STATE OF KANSAS v. KEITH GREGORY ALLEN

Keith Gregory Allen appeals his conviction of battery, claiming that the district court erred in failing to suspend proceedings and hold a competency hearing pursuant to K.S.A. 2016 Supp. 22-3302. For the reasons stated herein, we agree, at least in part, with Allen's claim and remand for further proceedings.

On June 13, 2016, the State charged Allen with one count each of robbery, inti... 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. DAVID CHAPMAN Kansas Court Of Appeals

David Chapman appeals his fine for circumventing an ignition interlock device and his sentence for driving under the influence (DUI). Chapman challenges a $100 fine listed in his journal entry of judgment for circumventing an ignition interlock device even though the trial court failed to orally impose this fine at his sentencing hearing. Since filing his brief, the State has successfully amended... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. BRENT J. BUETTGENBACH

On December 16, 2016, Buettgenbach filed a timely notice of appeal from the district court's rulings. His counsel requested transcripts for purposes of this appeal on December 21 and 27, 2016.

On January 3, 2017, Buettgenbach filed the docketing statement. That same day the court reporter filed a certification that the transcript had been completed pursuant to Rule 3.03(e) (2017 Kan. S... More...
   $0 (04-18-2018 - KS)

STATE OF KANSAS v. LUKE REED

In 1982, a jury convicted Reed of one count of aggravated kidnapping and one count of rape. The district court sentenced Reed to 15 years to life imprisonment for the rape charge and life imprisonment for the aggravated kidnapping charge, with the sentences to run consecutively.

Reed filed a direct appeal arguing only that the district court abused its discretion by allowing an amendm... More...
   $0 (04-18-2018 - KS)

Tracey K. Kuehl v. Pamela Sllner Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa

Tracey K. Kuehl (Tracey), Lisa K. Kuehl (Lisa), Kris A. Bell, Nancy A.
Harvey, John T. Braumann, and the Animal Legal Defense Fund (plaintiffs) brought
suit against Pamela Sellner, Tom Sellner, and Cricket Hollow Zoo (defendants) under
1The Honorable Richard W. Goldberg, United States Court of International
Trade, sitting by designation.
-2-
the Endangered Species Act, 16 U... More...
   $0 (04-18-2018 - IA)

Achikam Shapira v. Lifetech Resources

Appellant Achikam Shapira sued his former employer,
Lifetech Resources, LLC, for breach of an employment contract.
The case proceeded to a bench trial; the parties presented their
evidence and rested. The parties and court agreed that the
parties would submit closing arguments in written briefs. Before
Shapira submitted his closing argument brief, he requested that
the cour... More...
   $0 (04-18-2018 - CA)

CHRISTOPHER L. WAISNER v. STATE OF KANSAS

In 2011, Waisner was convicted of various sex crimes in Shawnee County District Court. The underlying facts relating to the criminal case were summarized by this court in Waisner's direct appeal:

"This case involves allegations of sexual abuse lodged against Waisner by his daughter, T.G. Specifically, T.G. alleged that when she lived with Waisner during a period between May 2008 and J... More...
   $0 (04-17-2018 - KS)

STATE OF KANSAS v. HOAI V. LE

On October 25, 2013, Le was charged with conspiracy to distribute marijuana and possession with intent to distribute at least 450 grams but less than 30 kilograms of marijuana, to-wit: 1,751.78 grams of marijuana. Prior to trial, Le entered into a plea agreement with the State. In exchange for his guilty plea to conspiracy to distribute marijuana, the State agreed to dismiss the remaining charge ... More...   $0 (04-17-2018 - )

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. 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)

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)

AVENTURA H. PALOMO, JR. v. THE STATE OF WYOMING Wyoming Supreme Court

In the early morning hours of September 29, 2015, Officer Lisa Koeppel of the Cheyenne Police Department responded to a call from dispatch concerning a fight between Appellant and his brother. When she arrived, the two men ran. She ordered them to stop, then gave chase. Appellant attempted to enter his residence, but she stopped him from doing so. He then turned toward her, grabbed her ballis... More...   $0 (04-17-2018 - WY)

Cheryl Currid v. Coit Cleaning & Restoration Services First District Court of Appeals of Texas - Houston, Texas

Appellant, Cheryl Currid, appeals from the trial court’s summary judgment in favor of appellee, Coit Cleaning and Restoration Services (“Coit”), on Coit’s suit on a sworn account1 and alternative claims for breach of contract, quantum meruit, and
1 See TEX. R. CIV. P. 185.
2
unjust enrichment. In two issues, Currid contends that the trial court erred in not compelling the parties to ar... More...
   $0 (04-17-2018 - TX)

Andrew Castillo v. Glenair, Inc.

In a joint employer arrangement, can a class of workers
bring a lawsuit against a staffing company, settle that lawsuit,
and then bring identical claims against the company where they
had been placed to work. We answer no.
This wage and hour putative class action involves the
relationship between a temporary staffing company (GCA
Services Group, Inc. (GCA)), its employees (... More...
   $0 (04-17-2018 - CA)

UNITED STATES OF AMERICA v. JOSEPH RUTIGLIANO, PETER J. AJEMIAN,  MARIE BARAN, PETER J. LESNIEWSKI

The fraud scheme for which defendants stand convicted sought  to take advantage of a disability pension plan made available to LIRR 
16-3754-cr (L) United States v. Rutigliano  
employees  by  the  RRB.  The  LIRR’s  own  pension  plan  allowed  employees with 20 or more years of service to retire as early as age 50  and to receive payments equal to half their pre‐retirement income. ... More...
   $0 (04-16-2018 - )

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