M ORE L AW
LEXAPEDIA
Salus Populi Suprema Lex Esto

Information
About MoreLaw
Contact MoreLaw

Due Process Law
 
STATE OF KANSAS v. GARRETT PRESLEY KRAFT

The underlying facts supporting the criminal charges are taken from the affidavit of probable cause filed with the district court. On May 12, 2016, Haley Fryback went to the hospital after Kraft physically abused her during an argument in their mutual home. Fryback reported that Kraft hit, choked, and kicked her in the throat. He also prevented her from leaving the residence when he locked her key... More...   $0 (04-21-2018 - KS)

STATE OF KANSAS v. TRAVIS P. ODOM Rape and aggravated indecent liberties with a child

Though Odom's brief provides a limited sketch of the underlying facts, the circumstances prompting the State to charge Odom with four counts of rape and one count of aggravated indecent liberties with a child are immaterial for purposes of resolving Odom's issues on appeal. This court need only to address the procedural history of the case to provide a background for the legal challenges Odom rais... More...   $0 (04-21-2018 - KS)

Peter Hiam v. Homeaway.com, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Duped into parting with thousands
of dollars to reserve a vacation rental property in Belize that
apparently did not exist, plaintiff Peter Hiam sued the owner of the
website on which he found the ersatz tropical villa, claiming that
the website's guarantee misled him. The district court granted
summary judgment to the website's owner, HomeAway.com, Inc.
("HomeAway"). On ap... More...
   $0 (04-21-2018 - MA)

Joel D. Kettler v. Leslie Gould

Cross-defendants Leslie Gould and his wife Susan Gould
contend the trial court erred when it denied in part their antiSLAPP
(strategic lawsuit against public participation) motion.
The motion sought to strike certain allegations in a crosscomplaint
filed by Joel D. Kettler, alleging defamation and other
causes of action. The court denied the motion to the extent crosscomplainan... More...
   $0 (04-21-2018 - CA)

John Jeremy Loveall v. The State of Texas

Appellant was indicted on July 29, 2014 for possession of less than one gram of
methamphetamine with intent to deliver, a state jail felony. See TEX. HEALTH & SAFETY
CODE ANN. §§ 481.103, 481.113, 481.116 (West, Westlaw through 2017 1st C.S.).
Pursuant to a plea agreement, appellant pleaded guilty to the lesser included offense of
possession of a controlled substance, and the... More...
   $0 (04-20-2018 - TX)

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)

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)

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)

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)

Neal Everett Bland v. The State of Texas

On the morning of December 21, 2012, Godwin Mathew picked up Joshua
Woods so they could go to Willowbrook Mall and purchase several pairs of limited
release Air Jordan Retro 11 shoes. After they made their purchases and were exiting
the mall, a young man approached them and asked to buy one of their pairs of shoes.
Mathew quoted a price but the man declined to buy them. When... More...
   $0 (04-18-2018 - TX)

Milton Rolando Paz v. The State of Texas

In February 2011, Appellant was the father to two young children, a thirteen
month-old girl and a one-month-old girl. During that month, Appellant’s wife had
to leave town for work. A friend agreed to care for the infant while the wife was
away. The wife’s work trip got extended. The friend caring for the infant had to
return her to Appellant because the friend also had to g... More...
   $0 (04-18-2018 - TX)

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. 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. DEREK ALAN GORMLY

Gormly was convicted of one count of lewd and lascivious behavior and one count of aggravated indecent liberties with a child. Gormly's victim was his then-girlfriend's younger sister, D.S., who was 13 years old at the time of the offenses. Gormly was 26 years old at the time. Gormly allegedly engaged D.S. in sexually inappropriate behavior at various times in the fall of 2012. Specifically, she 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. SHAWN E. COLLINS, JR.

On June 25, 2015, Collins pled guilty to a single count of possession of methamphetamine. In exchange, the State agreed to join Collins' sentencing recommendation for a dispositional departure to probation. The district court sentenced Collins to a prison term of 42 months but granted the parties' joint request for a dispositional departure sentence and imposed a 12-month term of probation, to beg... 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. 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)

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)

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. 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)

Next Page

 
 
Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2018 MoreLaw, Inc. - All rights reserved.