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Detainer Law
 
Kathleen D. McBride, as Trustee, etc. v. Byron C. Smith

Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for
violating McBride’s rights with respect to a recorded easement over the Smiths’ property.
After sustaining demurrers to several versions of McBride’s complaint, the last without
leave to amend, the trial court entered judgment in favor of the Smiths. On appeal, we
conclude that McBride stated causes of action f... More...
   $0 (01-04-2018 - CA)

STATE OF KANSAS v. RYAN ROBERT JOHNSON

Johnson was charged on December 30, 2014, with criminal threat by causing terror, evacuation, or disruption. In a separate complaint, he was also charged with criminal damage to property on the same day. At the time the charges were filed, Johnson was incarcerated in Pennsylvania and had a detainer from Kansas.

After Johnson was returned from Pennsylvania, a speedy trial determination h... More...
   $0 (12-15-2017 - KS)

MICHAEL JEFFERSON vs. IOWA DISTRICT COURT FOR SCOTT COUNTY Sexual Assault

Michael Jefferson pled guilty to a charge of sexual abuse in the third degree.
The charge was based on a sexual assault of a fourteen-year-old female when he
was twenty-one years old. There was some procedural confusion prior to
sentencing that is not relevant to this proceeding, but eventually, on November 13,
2008, Jefferson was sentenced to ten years in prison and the spec... More...
   $0 (12-06-2017 - IA)

John Jules vs. The State of Florida

The relevant factual allegations, with one notable exception,1 are not in
dispute:
Jules was a citizen of Haiti living in Miami, Florida. In 1993, Jules obtained
legal permanent resident status.
In September 1994, Jules was arrested and was subsequently charged with
seven crimes: three counts of attempted first-degree murder; one count of armed
burglary; one count ... More...
   $0 (12-02-2017 - FL)

The State of Texas v. Nathan A. Marks Tim Curry Criminal Justice Center - Fort Worth, Texas

2014
The police arrested Marks on October 18, 2014, for driving while
intoxicated, enhanced by a previous DWI conviction, a class A misdemeanor.
See Tex. Penal Code Ann. § 49.09(a) (West Supp. 2016). Marks was released
on a surety bond the same day.
2015
More than six months passed before the State filed, on May 4, 2015, an
information formally charging Marks for... More...
   $0 (11-25-2017 - TX)

Laurie B. Grady v. Nationstar Mortgage, LLC, and U.S. Bank National Association, as Trustee for Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates, Series 2006-BC5 Tarrant County Courthouse - Fort Worth, Texas

After Appellant Laurie B. Grady defaulted on her home-equity loan, the
noteholder, Appellee U.S. Bank National Association, as Trustee for Specialty
Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed
Certificates, Series 2006-BC5, successfully sued for an order allowing it to
foreclose on its lien. Grady then sued U.S. Bank and the current loan servicer,
Appe... More...
   $0 (11-23-2017 - TX)

STATE OF KANSAS v. MELVIN R. WHITE


White pled guilty in 2004 to attempted possession of marijuana with the intent to sell—a drug felony, and aiding a felon—a nonperson felony. The Wyandotte County District Court sentenced White to a suspended 32-month prison sentence and placed him on 36 months' probation.

Because White was later arrested on federal charges for the sale of cocaine, in May 2006, the State moved t... More...
   $0 (11-09-2017 - KS)

Bernardo Mendia v. John M. Garcia, Ching Chang and U.S. Department of Homeland Security Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Bernardo Mendia, a naturalized U.S. citizen, was detained in county jail when Immigration and Customs Enforcement (“ICE”) agents John Garcia and Ching Chang lodged an immigration detainer placing a federal hold to pick him up when state authorities were ready to release him. Mendia sued Garcia, Chang, and the Department of Homeland Security under Bivens1 and the Federal Torts Claims Act (“FTCA”), ... More...   $0 (11-03-2017 - CA)

Tammy Fernandez v. Raj Singh

Tammy Fernandes successfully sued vexatious litigant Raj Singh and his wife
Kiran Rawat individually and as trustees of the Sita Ram--or “Sitaram”--Trust (Trust), for
wrongful eviction and related claims. She obtained an award of compensatory and
punitive damages, as well as costs and attorney fees. All defendants filed a joint notice of
2
appeal through counsel. While Rawat a... More...
   $0 (11-03-2017 - CA)

Audrey Dick v. Colorado Housing Enterprises Fifth Circuit Court of Appeals - New Orleans, Louisiana

This interlocutory appeal is from an order denying a motion for a preliminary injunction to stop a foreclosure sale.1 We DISMISS the appeal as MOOT.
I. FACTUAL AND PROCEDURAL HISTORY
In 2014, Plaintiff Audrey Dick (“Plaintiff”) and her husband borrowed $100,000 from Colorado Housing Enterprises, L.L.C. and Community Resources and Housing Development Corporation (“Defendants”). The loan was... More...
   $0 (10-05-2017 - TX)

Carol Paselk v. Bayview Loan Servicing, LLC

Bayview Loan Servicing, LLC (Bayview), purchased the property located at 330 County Road 1169, Brashear, Texas 75420 (the Property)1 at a public foreclosure sale. After acquiring a substitute trustee’s deed, Bayview sent a notice to Carol Paselk and all other occupants of the Property requesting that they vacate the premises. Because Paselk failed to timely vacate the premises, Bayview filed a sui... More...   $0 (08-10-2017 - TX)

Alfonso Ayala v. Randy Dawson

After living for more than a dozen years in a residential unit he claimed he owned,
Alfonso Ayala was evicted by the property owner, Randy Dawson, in an unlawful
detainer action. Ayala defended by attempting to quash service of summons on the
ground he was not a tenant, but instead held equitable title under an oral installment sale
contract for the purchase of property. Dawson cou... More...
   $0 (08-05-2017 - CA)

Ramon Ponce-Torres v. The State of Texas Third Court of Appeals, Austin, Texas Aggravated sexual assault of a child

Ponce-Torres was indicted on six counts of aggravated sexual assault of a child, six
counts of indecency with a child by contact, and four counts of indecency with a child by exposure.
At trial, the victim testified that when she was five and six years old she stayed with neighbors
Ponce-Torres and his wife while her mother worked at night. The victim testified that Ponce-Torres
... More...
   $0 (07-16-2017 - TX)

Deutsche Bank National Trust Company, as Trustee, ets., v. Alan Pyle

In OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th
1318 (review den. May 10, 2017) (OC Interior) another panel of this court concluded that
2
a void judgment does not pass title free of the lien purportedly cancelled by the void
judgment; rather, "a void judgment in the chain of title has the effect of nullifying a
subsequent transfer, including a tr... More...
   $0 (07-14-2017 - CA)

CLIFTON CORNELIUS v. STATE OF FLORIDA

This Petition for Writ of Prohibition is a sequel to a series of pleadings filed by Clifton Cornelius invoking his right to a speedy trial and seeking discharge from the criminal charges pending against him.1 Although Cornelius, like other criminal
1 A writ of prohibition is an appropriate remedy to address alleged speedy trial violations. See She... More...
   $0 (07-06-2017 - FL)

Cheryl Johnson a/k/a Cheryl Angrum v. Citimortgage, Inc.

Cheryl Johnson a/k/a Cheryl Angrum (Johnson) appeals the trial court’s judgment awarding possession of a property to CitiMortgage, Inc., which foreclosed a lien on the property. In two issues, Johnson contends CitiMortgage did not have standing to obtain a judgment of possession and that the trial court abused its discretion because there was a factual issue of title and it did not have jurisdicti... More...   $0 (07-05-2017 - TX)

State of Ohio v. Jerry D. Williams

Appellant was indicted on two counts of rape with firearm specifications, one count of gross sexual imposition with a firearm specification, one count of kidnapping with a firearm specification, and one count of having a weapon under disability. The indictment alleged that on May 19, 2015, appellant compelled the victim, J.H., by force to submit to vaginal intercourse, digital vaginal penetration... More...   $0 (07-03-2017 - OH)

DANIEL McKAY v. STATE OF MISSOURI

On March 21, 2012, Mr. McKay was convicted, following a jury trial, of two counts
of sale of a controlled substance and one count of unlawful possession of firearms. He was
sentenced to two 20-year prison terms for selling controlled substances and a seven-year
term for possessing a concealable firearm while on probation. Mr. McKay raised several
claims of error on appeal, inc... More...
   $0 (06-28-2017 - )

NylondaJazz Sharnese v. Ultima Real Estate, Inc., et al.

NylondaJazz Sharnese appeals a take-nothing judgment following a bench trial in her suit against Jose Lopez, Miguel Angel Silva, and Rebecca Rodriguez. Sharnese challenges the trial court’s exclusion of evidence she tried to present at trial. She also contends the trial court erred by failing to file findings of fact and conclusions of law, granting judgment in favor of appellees, and demonstratin... More...   $0 (06-23-2017 - )

Theodore Laymon v. J. Rockcliff, Inc. and George Hernandez v. Mason-McDuffie Real Estate, Inc.

The plaintiffs in these consolidated appeals filed suit against the brokers who
represented them in the sale of their homes and a group of companies that provided
services in connection with those sales. Plaintiffs contend defendants violated their
fiduciary duties by failing to disclose alleged kickbacks paid by the service providers to
the brokers in connection with the sales.More...
   $0 (06-10-2017 - CA)

Nora S. Guiterrez v. Eloisa Garcia

This is an appeal from a judgment of eviction rendered in favor of appellee Eloisa
Garcia (Eloisa) following a de novo appeal from the justice court to the trial court. By three
issues, which we address out of order, appellants Nora Gutierrez, Belinda G. Pompa, and
Jorge Ruben Pompa assert that: (1) the trial court lacked jurisdiction over this matter; (2)
the trial court committed... More...
   $0 (06-08-2017 - TX)

Wayne Hart v. Barbara Darwish

Where a plaintiff brings a lawsuit against a defendant, and
the trial court denies a motion by the defendant for summary
judgment or for nonsuit made after the plaintiff‟s case-in-chief, or
the trier of fact returns a verdict for the plaintiff, that ruling or
verdict—if decided on the merits and not procured by fraud—
establishes as a matter of law that the plaintiff had ... More...
   $0 (06-02-2017 - )

Sungho Park v. Board of Trustees of the California State University

To combat lawsuits designed to chill the exercise of free speech and
petition rights (typically known as strategic lawsuits against public participation,
or SLAPPs), the Legislature has authorized a special motion to strike claims that
are based on a defendant‘s engagement in such protected activity. (See Code Civ.
Proc., § 425.16, subd. (a).)1 We consider a question that has gener... More...
   $0 (05-07-2017 - )

State of Louisiana v. Frederick Lujuan Brown COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

In the late afternoon of January 17, 2013, Warren Perkins was at his
body shop when a black male entered the establishment and told Perkins that
a friend was going to bring his wrecked truck to the shop. Perkins’
employees, Bacilio Mendez and Bryant Johnson, who had not left for the
day, saw the man, and one of the employees attempted to talk to him. The
man followed Perk... More...
   $0 (05-06-2017 - LA)

STATE OF KANSAS v. JAMES SCOTT LOMON

On April 24, 2014, the State filed burglary and criminal damage charges against Lomon in Morris County District Court. At that time, Lomon was in KDOC custody at HCF. Lomon became aware of the pending charges and submitted a written request to file a 180-day writ with his Unit Team at HCF. HCF officials did not send Lomon's request to the Morris County Attorney or district court.

When H... More...
   $0 (05-04-2017 - KS)

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