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Due Process Law
 
Marco McCain v. The State of Texas

In March 2016, a grand jury indicted McCain with aggravated assault. In
the indictment, the State alleged that he had caused serious bodily injury to
Lacy—a member of his household or a person with whom he had a dating
relationship—by striking her with his hand. The State also alleged that during the
assault, McCain had used his hand as a deadly weapon.
Through his ini... More...
   $0 (06-24-2018 - TX)

Jonathon Farshid Fayyazi v. The State of Texas

Officer Delaney Green with the Southlake Police Department was on patrol
in her marked patrol car in Southlake in the early morning hours of April 9, 2016.
She testified at trial that around 3:00 a.m. she was traveling north on Davis
Boulevard when she noticed a vehicle—later identified as being driven by
Appellant—that appeared to be traveling at “a very high rate of speed.” ... More...
   $0 (06-24-2018 - TX)

Eric Andrew Martinez v. The State of Texas

On the evening of February 22, 2015, Martinez attended a family birthday
party at his aunt’s house. Among the attendees were three of Martinez’s cousins—
Amanda Davalos and her brothers, Moses and Alfredo “A.J.” Lopez. Also in
attendance was Amanda’s fiancé, the complainant, Mitchell Briddick.
According to Moses’s and Amanda’s trial testimony, everyone at the party
was dr... More...
   $0 (06-24-2018 - TX)

OKLAHOMA'S CHILDREN, OUR FUTURE, INC. v. COBURN Oklahoma Supreme Court

On May 1, 2018, Respondents/Proponents Dr. Tom Coburn, Brooke McGowan, and Ronda Vuillemont-Smith (collectively, Proponents) timely filed Referendum Petition No. 25, State Question No. 799 (the petition) with the Oklahoma Secretary of State. The petition seeks to refer HB 1010xx, passed by the 56th Legislature of the State of Oklahoma during its second special session, to the people of Oklahoma fo... More...   $0 (06-24-2018 - OK)

In re: KBR, INC., Burn Pit Litigation. District of Maryland Federal Courthouse - Greenbelt, Maryland

The Constitution entrusts the President and Congress, not the courts, with the power to resolve political questions. See Japan Whaling Ass’n v. Am. Cetacean Soc’y, 478 U.S. 221, 230 (1986); Taylor v. Kellogg, Brown & Root Servs., Inc., 658 F.3d 402, 408–409 (4th Cir. 2011). The issue before us is whether a suit brought by United States military personnel, civilian contractors, and surviving family... More...   $0 (06-24-2018 - MD)

United States of America v. Lee Boyd Malvo v. Randall Mathena, Chief Warden, Red Onion State Prison Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

In Virginia in 2004, a defendant convicted of capital murder, who was at least 16 years old at the time of his crime, would be punished by either death or life imprisonment without the possibility of parole, unless the judge suspended his sentence. After a Virginia jury convicted Lee Boyd Malvo of two counts of capital murder based on homicides that he committed in 2002 when he was 17 years old, i... More...   $0 (06-24-2018 - VA)

Moofly Productions, LLC v. Sandra C. Favilla, Nina M. Riley,

This appeal requires us to consider the procedures a trial
court must follow in imposing sanctions for violations of Code of
Civil Procedure section 1008.
1 That section, which establishes the
rules for filing motions for reconsideration, provides that a court
may impose sanctions for violations “as allowed by [s]ection 128.7.”
(§ 1008, subd. (d).) May a trial court sanctio... More...
   $0 (06-24-2018 - CA)

STATE OF KANSAS v. BRANDON C. WALKER

The State charged Walker with one count of forgery in November 2016 for attempting to cash an altered check about six weeks earlier. See K.S.A. 2017 Supp. 215823 (defining forgery, a severity level 8 nonperson felony). Walker qualified for an accelerated disposition of the charge under a program the Sedgwick County District Attorney uses to promptly offer persons prosecuted for nonviolent felonies... More...   $0 (06-23-2018 - KS)

STATE OF KANSAS v. KERRY D. JENKINS

On October 21, 2014, Kelly Spires, the manager of a Save-A-Lot in Wichita, reported to police that a man had walked out of the store with a cart of groceries for which he had not paid.

Wichita Police Officer Robert Bachman responded to the scene and spoke with Spires. She told him she had been within 10 to 15 feet of the man and asked him if he had a receipt. She looked him right in th... More...
   $0 (06-23-2018 - KS)

STATE OF KANSAS v. JOHN B. KOOP

John B. Koop appeals his conviction and sentence for attempted second-degree murder. The parties are well acquainted with the events that led to this conviction so we need not recount them here. We move directly to Koop's three claims of error: (1) this charge should have been dismissed because the State violated his right to a speedy trial; (2) he should get a new trial because the district co... More...   $0 (06-23-2018 - KS)

STATE OF KANSAS v. STEVEN W. NANCE

Steven Nance appeals the district court's denial of his motion to correct an illegal sentence. He was convicted of five counts of indecent liberties with a child that took place in March 1993, before the July 1, 1993 effective date of the Kansas Sentencing Guidelines Act. Because of that, Nance was sentenced under the previous Kansas sentencing laws under which many sentences were of indeterminate... More...   $0 (06-23-2018 - KS)

STATE OF KANSAS v. WILLIAM JOSEPH LONNIE HULSEY JR.

In March 2016, Hulsey pled guilty to possession of methamphetamine, a severity level 5 drug felony, and possession of marijuana, a class A misdemeanor. On April 25, 2016, the district court granted Hulsey a downward dispositional departure and sentenced him to 12 months' probation. In December 2016, the State filed a motion to revoke Hulsey's probation, alleging he failed to follow the terms of hi... More...   $0 (06-23-2018 - KS)

STATE OF KANSAS v. BRIAN JOSHUA LUTZ

Topeka Police Officers Brandon Austin and Scott Sinsel were surveilling a home because of complaints of drug activity. Austin was also acting as a field training officer for Sinsel. The officers saw a vehicle approach the house and leave shortly thereafter. Austin decided to follow the vehicle.

After following the vehicle, Austin observed the vehicle fail to signal a lane change. Austin... More...
   $0 (06-23-2018 - KS)

Gerald Carroll v. E One, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Plaintiffs are firefighters who allege that they suffered hearing losses caused by the loud noise emitted by a manufacturer’s fire sirens. A perfunctory investigation conducted by the manufacturer during discovery revealed the firefighters’ lawsuit to be clearly time-barred, and also revealed that one firefighter had not even suffered hearing loss attributable to noise exposure. Eventually, Plaint... More...   $0 (06-23-2018 - PA)

Rain O. Daugherty v. City and County of San Francisco

Under the Public Safety Officers Procedural Bill of Rights Act (POBRA) (Gov.
Code, § 3300 et seq.),1
no punitive action may be taken against a public safety officer for
any alleged act, omission, or other misconduct unless the investigation is completed
within one year of “the public agency’s discovery by a person authorized to initiate an
investigation of the allegation of an ... More...
   $0 (06-23-2018 - CA)

Joel Doe v. Boyertown Area School District, et al. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to decide whether the District Court correctly refused to enjoin the defendant School District from allowing transgender students to use bathrooms and locker rooms that are consistent with the students’ gender identities as opposed to the sex they were determined to have at birth. The plaintiffs—a group of high school students who identify as being the same sex they were de... More...   $0 (06-22-2018 - PA)

STATE OF KANSAS v. JEFFREY D. CRENSHAW

In April 2014, the State charged Crenshaw with five counts of aggravated indecent liberties with a child under the age of 14; one count of attempted aggravated criminal sodomy with a child under the age of 14; and one count of aggravated criminal sodomy with a child under the age of 14. In June 2016, a jury trial was held in the case. The evidence presented was lengthy and will be set out in consi... More...   $0 (06-22-2018 - KS)

STATE OF KANSAS v. DANIEL BARLETT

At trial, the witnesses presented varying and sometimes conflicting versions of the context that led to this prosecution. We have pared down the factual background to what we deem important for resolution of the issues.

Around 2007, Barlett and Chad Ford formed a rap group called Wicked Wayz. Unable to agree on finances, Barlett and Ford ended their venture in 2010 or 2011. Barlett cont... More...
   $0 (06-22-2018 - KS)

MONTANA MINING ASSOCIATION v. THE STATE OF MONTANA

The Montana Mining Association (MMA) challenges the Attorney General’s
determination that Initiative 186 (I-186) is legally sufficient in an original proceeding
before this Court. This Court has “original jurisdiction to review ...the attorney general’s
legal sufficiency determination in an action brought pursuant to 13-27-316.” Section
3-2-202(3)(a), MCA. We conclude this ... More...
   $0 (06-22-2018 - MT)

UNITED STATES OF AMERICA v. FLORA ESPINO

Espino worked as a tax preparer for a real estate broker in Spring Valley, California. One borrower, Sean Desmond, served as a police officer at the Chula Vista Police Department. In 2006 he attempted to buy a $1.6 million home. As a police officer, his salary was $90,000 at the time. To assist him with qualifying for this loan, he worked with a broker named Jesse Rodriguez to prepare the loan ... More...   $0 (06-22-2018 - CA)

UNITED STATES OF AMERICA v. ARTURO LUCIANO RAMIREZ

Counsel questions whether the district court complied with Rule 11 in accepting
Ramirez’s guilty plea but does not identify any specific error committed during the plea
hearing. Because Ramirez did not move in the district court to withdraw his guilty plea,
we review this issue for plain error. United States v. Sanya, 774 F.3d 812, 815 (4th Cir.
2014). To establish plain err... More...
   $0 (06-22-2018 - NC)

Natasha Meeks v. Autozone, Inc

Plaintiff and appellant Natasha Meeks contends that she suffered sexual
harassment on the job. She brought suit against her employer, defendant and appellant
AutoZone, Inc. (AutoZone), and the alleged harasser, defendant and appellant Juan
Fajardo, pursuing claims of sexual harassment, failure to prevent sexual harassment, and
retaliation in violation of the Fair Employment and Hou... More...
   $0 (06-22-2018 - CA)

UNITED STATES OF AMERICA v. CHISTOPHER WELSHANS

In February 2014, the Pennsylvania Office of Attorney General determined that child pornography was being shared by an Internet Protocol (IP) address associated with a subscriber later identified as Welshans’s aunt. Law enforcement agents executed a search warrant on her home on March 21, 2014 at 7:30 a.m. The agents found no child pornography, but learned that Welshans, who lived nearby, used t... More...   $0 (06-21-2018 - PA)

Michelle Dimanche v. Massachusetts Bay Transportation Authority, et al. District of Massachusetts Federal Courthouse - Boston, Massachusetts

The Massachusetts Bay
Transportation Authority ("MBTA") appeals from the entry of a jury
verdict awarding over $2.6 million in damages to a black female
former employee who brought suit under 42 U.S.C. § 1981 and Mass.
Gen. Laws ch. 151B, § 4. She alleges, inter alia, that her
supervisors at the MBTA conspired to terminate her employment
because of her race. The jury awarde... More...
   $0 (06-21-2018 - MA)

Kayla Doherty v. Merck & Co., Inc. The United States of America District of Maine Federal Courthouse - Bangor, Maine

Kayla Doherty became pregnant
while supposedly protected by a contraceptive implant manufactured
by Merck & Co., Inc. After she gave birth to a healthy child, she
brought this lawsuit against Merck, claiming that the implant
and/or its applicator were defective. She also sued the federal
government under the Federal Tort Claims Act, claiming that her
doctor at a federally-f... More...
   $0 (06-21-2018 - ME)

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