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Emotional Distress Law
 
James Dee Brewer, Jr. v. The State of Texas

Garland Police Officer Aaron Radney arrived at a Super 8 Motel looking for an unnamed
female on a matter unrelated to this case. After inquiring about the woman’s whereabouts, the
motel’s manager directed him to room 318 where he encountered Appellant James Brewer, who
answered the door. Officer Radney noticed that Appellant was holding a methamphetamine pipe
in his hand and ... More...
   $0 (01-17-2018 - TX)

Patrick Johnson v. The State of Texas Third Court of Appeals, Austin, Texas

Johnson was charged with aggravated sexual assault of a child and with two counts
of indecency with a child. See Tex. Penal Code §§ 21.11(a)(1)-(2), 22.021(a). The alleged victim,
C.S., lived in Johnson’s neighborhood, and the indictment alleged that C.S. was under fourteen
years of age at the time of the offenses. During the trial, the State called several witnesses, including
... More...
   $0 (01-16-2018 - TX)

Christopher Rene Lopez v. The State of Texas Christopher Rene Lopez Registered Sex Offender

Luis Osorio Chavez was the foreman for a landscaping work crew that
included Lopez and Manual Duran. During a typical workday in May 2014, the
three men climbed into a truck around 2:30 p.m. to leave a work site. Chavez
was in the driver’s seat, Lopez was in the passenger’s seat, and Duran sat
between them.
While in the truck, Chavez heard Lopez say something like, “[S]o y... More...
   $0 (01-16-2018 - TX)

Demico Stanley v. The State of Texas Stanley sentenced to 75 years for Lewisville murder

In 2015, Richard Myles lived in a small, one-bedroom apartment on the
second floor of a building in the Hampton Bay apartment complex with his
fiancée, Laura, and their 23-month-old son, David.2 While Laura worked two
jobs, Myles cared for David. He also sold marijuana to earn extra money.
Whenever he left the apartment, he carried his marijuana stash with him in a
gree... More...
   $0 (01-16-2018 - TX)

STATE OF KANSAS v. JAIME MICHELLE CARTER

The facts in this case are tragic but they are not complex and are not challenged in this appeal. The procedural history, however, is extensive and relevant and must be laid out in some detail.

In the early evening of May 25, 2014, Carter was involved in a collision in Leavenworth County. Her eastbound sedan crossed the road's centerline and struck a motorcycle driven by Kristopher Steu... More...
   $0 (01-16-2018 - KS)

David E. Miller v. Tony Mays, Warden Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

David Miller was convicted and sentenced to
death for the 1981 murder of Lee Standifer. His sentence was upheld by the Tennessee Supreme
Court and we affirmed the dismissal of his § 2254 habeas petition. Seeking to revisit his
ineffective-assistance-of-trial-counsel (IATC) claim in light of Martinez v. Ryan, 566 U.S. 1
(2012), and Trevino v. Thaler, 569 U.S. 413 (2013), Miller now ... More...
   $0 (01-16-2018 - TN)

State of Tennessee v. Andrew Shearin Memphis man jailed on child porn charges

On April 24, 2014, the Defendant was indicted by the Shelby County Grand Jury for sexual exploitation of a minor based on his possession of over 100 images involving minors engaged in sexual activity, a Class B felony. On April 4, 2016, the Defendant entered an open guilty plea to the indicted offense, leaving the sentencing to the trial -2
court’s determination. A transcript of the guilty ... More...
   $0 (01-13-2018 - TN)

State of Tennessee v. Mario Donte Keene Mario Keene Sentenced To Life In Prison

Amanda Harris, who was charged with felony murder for her participation in the victim’s death, testified at trial that, prior to her participation in the offenses at issue, she was addicted to crack cocaine and Xanax. She stated that she had taken drugs since she was in the eighth grade and that she had previously been convicted of theft, domestic violence, and reckless endangerment with the use ... More...   $0 (01-13-2018 - TN)

State of Louisiana v. Brandon Dale Thomas Calhoun man sentenced to 50 years for crimes against nature

Thomas was charged by bill of information with 13 counts of
aggravated crime against nature. The victim, M.C.1, is Thomas’
stepdaughter. The bill alleged that these crimes occurred between October
6, 2012, and July 25, 2016.
On December 19, 2016, pursuant to a plea agreement, Thomas
appeared and pled guilty to four counts of the reduced charge of attempted
aggravate... More...
   $0 (01-12-2018 - LA)

United States of America v. Donald Cain District of Maine Federal Courthouse - Bangor, Maine

Bangor, ME - Texas Man Pleads Guilty to Interstate Stalking

Donald Cain, 49, of Conroe, Texas, and formerly Columbia, South Carolina, pleaded guilty on January 10, 2017 in U.S. District Court to interstate stalking.

According to the indictment and evidence introduced at the plea hearing, Cain was married in August 2014 to a resident of Aroostook County. When they met, he worked ... More...
   $0 (01-12-2018 - ME)

Keith William Lamerland v. The State of Texas Court of Appeals For The First District of Texas

In 2013, the then-ten-year-old complainant, pseudonymously referred to as
Kathryn, spent the summer with her grandmother, Lori Lamerand, and step
grandfather, Keith Lamerand. Later that November, after Kathryn had returned
home and started school, she wrote a note to her teacher that said, “My papa has
been touching me and I did not tell my parents.”
Kathryn’s teacher se... More...
   $0 (01-11-2018 - TX)

STATE OF TENNESSEEv. JAMES A. KILGORE Tennessee Court of Criminal Appeals

On December 7, 2015, the Defendant and twelve co-defendants were indicted for conspiracy to manufacture more than 300 grams of methamphetamine, initiation of a process to manufacture methamphetamine, and five counts of aggravated child abuse or neglect by exposing a child to the initiation of a process to manufacture methamphetamine. On September 2, 2016, the Defendant pled guilty to attempted co... More...   $0 (01-10-2018 - TN)

State of Missouri vs. Melinda Tillitt Missouri Court of Appeals Western District

Ms. Tillitt was initially charged in May 2015 with four counts of first-degree
statutory sodomy for deviate sexual intercourse involving one of her daughters, K.B.T.
The information was later amended to add one count of first-degree statutory sodomy
for deviate sexual intercourse and one count of first-degree child molestation for sexual
contact involving another daughter, K.D... More...
   $0 (01-09-2018 - MO)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

Ashley Gerstner v. Nancy A. Berryhill Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Ashley Gerstner challenges the
denial of her application for disability insurance benefits and
supplemental security income. An administrative law judge
found that she was severely impaired by anxiety, bipolar
disorder, panic disorder, depression, and fibromyalgia, and
that these impairments were not disabling. Gerstner contends
that the ALJ erred in assigning too little we... More...
   $0 (01-08-2018 - WI)

STATE OF SOUTH DAKOTA v. TRAVIS ROBERT PHILLIPS South Dakota Supreme Court

Travis Phillips and Amanda Johnson were married in 2014. Their marriage was often contentious. Phillips suspected Johnson of having affairs, which led to many accusations and arguments. [¶3.] On June 24, 2016, Johnson called Phillips at work to inform him that a law enforcement officer came to their apartment to serve legal papers. The paperwork related to stalking charges filed against Phillip... More...   $0 (01-07-2018 - SD)

Reginald Reshawn Mack v. The State of Texas

A Brazoria County grand jury indicted appellant for the offense of assault involving family violence as a repeat offender. The State alleged that appellant assaulted his girlfriend, Ashley, with whom appellant had a dating relationship. The indictment further alleged that appellant was previously convicted of assault against a family member and assault against a member of the household. Appella... More...   $0 (01-06-2018 - TX)

T.J. Simers v. Los Angeles Times Communications, LLC

In March 2013, plaintiff T.J. Simers was a well-known and
sometimes controversial sports columnist for Los Angeles Times
Communications, LLC (The Times or defendant). He had held
that position since 2000, receiving uniformly favorable and often
exceptional performance reviews from defendant. On March 16,
2013, plaintiff, then 62 years old, suffered a neurological event
with... More...
   $0 (01-06-2018 - CA)

United States of America v. Donald Clifton Allen, Jr. Sixth Circuit Court of Appeals for the Sixth Circuit

Defendant Donald Clifton Allen, Jr., a self-proclaimed reality TV
star, thought that his television show about his life was going to make him rich. Instead, Allen
was convicted by a jury for prostitution and child pornography offenses and sentenced to 300
months in prison. He now challenges the denial of his motion to suppress evidence found during
the search of an apartment where ... More...
   $0 (01-05-2018 - MI)

Elise Hilton v. Catherine Mish Sixth Circuit Court of Appeals for the Sixth Circuit

Elise and Ed Hilton, individually, and as next friends of their
developmentally-disabled daughter, EH (collectively, the “Hiltons”), appeal the district court’s
dismissal of their complaint. They argue that the district court erred in three respects. They
allege that Catherine Mish, City Attorney for Grand Rapids, was acting under color of state law
when she sent two emails from he... More...
   $0 (01-05-2018 - MI)

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)

J. Brent Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Plaintiff and appellant, J. Brent Arave, brought several claims under the California
Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his
former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of
America (BoA), his supervisor Joseph Holsinger, and a human resources supervisor,
Katherine Anderson (collectively, defendants). He ... More...
   $0 (01-04-2018 - CA)

Kristen Elizabeth Wagner vs State of Florida

On the night of July 26, 2014, Appellant and her husband got into an argument
that turned violent. Appellant had been drinking (she said she had two rum-and
cokes; he said she had as many as five), and the husband claimed that she was the
aggressor. However, the husband admitted that during the argument, he held
Appellant down on the bed, pushed her to the floor, and took her ... More...
   $0 (12-31-2017 - FL)

Sylvester Hooks vs State of Florida

Prior to trial on two counts2 and on violation of probation, Hooks informed
the trial court that he wished to represent himself. The trial court had Hooks read,
initial, and sign a form entitled “Self-Representation Advisory Form/Trial” (“the
form”). The trial court then asked if Hooks read over the form carefully. Hooks
answered in the affirmative. The trial court then proceed... More...
   $0 (12-31-2017 - FL)

JOEL LEBRON vs. STATE OF FLORIDA

On Saturday, April 27, 2002, Ana Maria Angel and Nelson Portobanco, both
high school students, decided to go for a walk on the beach in Miami Beach after a
dinner date. After walking along the beach for a while, the couple decided to
return to their vehicle. By this time, Lebron and his four codefendants (Cesar

1. We have juri... More...
   $0 (12-31-2017 - FL)

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