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Establishment Clause Law
 
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)

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)

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. DAVID WESLEY REINHART

David Reinhart was convicted of two counts of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). A defendant convicted of this offense who has “a prior conviction . . . under the laws of any State relating to . . . the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography” is subject to a ten-year mandatory minimum s... More...   $0 (06-22-2018 - CA)

UNITED STATES OF AMERICA v. CLIFTON A. SATTERWHITE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

On January 22, 2016, the government filed a criminal complaint against Satterwhite alleging that he participated in a number of robberies in the Columbus, Ohio area. The complaint requested an arrest warrant against Satterwhite for interstate robbery, in violation of 18 U.S.C. § 1951, felon in possession of a firearm, in violation of 18 U.S.C. § 922(g), and brandishing a firearm during a crime of... More...   $0 (06-22-2018 - OH)

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)

United States of America v. Mario Lee, a/k/a Mo District of Maine Federal Courthouse - Bangor, Maine

This appeal comes from a
district court’s imposition of a 218-month sentence on Mario Lee
for conspiracy to distribute and possession with intent to
distribute 100 grams or more of a mixture or substance containing
heroin in violation of 21 U.S.C. §§ 841(a)(1) and 846. Lee only
attacks his sentence as procedurally unreasonable. Concluding, as
we do, that the district court ... More...
   $0 (06-21-2018 - ME)

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)

UNITED STATES OF AMERICA v. JUAN H. RAMOS

Ramos’s status as a career offender is dictated by his criminal record, which includes several prior felony convictions. First, in July 1998, Ramos “threw a brick at the nose of a 10-year-old child,” who then required medical treatment at a local hospital.1 As a result, Ramos pled guilty to aggravated assault in the Philadelphia County Common Pleas Court.2 Second, in October 1999, Ramos was app... More...   $0 (06-21-2018 - PA)

ALEXINA SIMON —v.— CITY OF NEW YORK, FRANCIS LONGOBARDI, Queens County Assistant District  Attorney, DETECTIVE EVELYN ALEGRE, DETECTIVE DOUGLAS LEE

This case takes us to the intersection of an allegedly wrongful arrest and  detention on a material witness warrant, the Fourth Amendment, and qualified  immunity. Plaintiff Alexina Simon brought this action in the United States District  Court for the Eastern District of New York (Vitaliano, J.) under 42 U.S.C. § 1983,  claiming that a state prosecutor and two police officers falsely arrested and... More...   $0 (06-21-2018 - )

South Dakota v. Wayfair, Inc. SUPREME COURT OF THE UNITED STATES

When a consumer purchases goods or services, theconsumer’s State often imposes a sales tax. This case requires the Court to determine when an out-of-stateseller can be required to collect and remit that tax. All concede that taxing the sales in question here is lawful. The question is whether the out-of-state seller can be held responsible for its payment, and this turns on a proper interpretation... More...   $0 (06-21-2018 - SD)

State of Tennessee v. Howard P. Fisher COURT OF CRIMINAL APPEALS OF TENNESSEE

On the night of January 19, 2015, Ismail Salman and William Derrick, the victim, were working at the Discount Mart in Nashville, Tennessee. Earlier that day, Salman1 had asked the Defendant to leave the store because he was in an altercation with another customer. The Defendant left, but told Derrick, “I will get you after you guys are 1 We acknowledge t... More...   $0 (06-21-2018 - TN)

United States of America v. Raman Handa District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - In this case, we affirm dismissal
of the added charge in a superseding indictment on Sixth Amendment
speedy trial grounds. On the facts of this case, we hold that the
constitutional speedy trial clock starts to run from the date of
the original indictment, rejecting the government's assertion that
it runs from the date of the charge first brought in the
superse... More...
   $0 (06-20-2018 - MA)

WARREN FRYER V. COMMONWEALTH OF KENTUCKY

Melchizedek Fitzgerald contacted Lonnie Brand and made arrangements
to purchase marijuana. The two planned to meet near an apartment complex
in Radcliff, Kentucky, during the early morning hours of August 5, 2016. As
Fitzgerald got out of his vehicle and approached Brand, Fryer ~merged from /, behind the apartment building with a gun. Fryer aimed his gun at Fitzgerald.
Fitzgera... More...
   $0 (06-20-2018 - KY)

ROBERT KEITH WOODALL V. COMMONWEALTH OF KENTUCKY

Woodall pleaded guilty to murder;rape;and kidnapping and ajucy
recommended a sentence.of death, which the trial court adopted. Extensive
collateral-attack litigation followed:· Eventually, Woodall filed a Kentucky Rules . : .
of Civil Procedure ("CR") 60.02 and 60.03 motion, alleging that he is . . intellectually disabled and that the imposition of the death·perialty upon him. i~ More...
   $0 (06-20-2018 - KY)

COMMONWEALTH OF KENTUCKY V. KYLE D. THOMPSON

During the fall of 2010, Thompson (who was at that time twenty-years~
old) became enamored with Mindy,3 a student at North Hardin High School. ., On October· 17, 2010, Mindy, who was concerned about Thompson's recent
·behavior towards her, con~cted the police to inform th~m about information
displayed on his Facebook page. Thompson's Facebook page did not list his
real name, bu... More...
   $0 (06-20-2018 - KY)

DARRIN WALKER V. COMMONWEALTH OF KENTUCKY

Appellant,. Darrin Walker, sexually assaulted Hann~ Morrisl on
numerous occasions from 2005 through 2011. The individual instances of
assault involved Appellant touching Hannah's vagina ·and placing his penis in
her mou'th. She was seven to eight years old when these events occurred.
Appellant also raped Hannah when she was approximately twelve years old.
Hannah's grandmot... More...
   $0 (06-20-2018 - KY)

STATE OF OHIO vs. SHARON D. FIPS Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT

In 2016, Fips was charged with one count of assault with the furthermore clause that
the victim was a peace officer. The case proceeded to a bench trial where the following facts
were adduced.
{¶3} Fips and her son drove to an Ohio State Highway Patrol station in Brook Park, Ohio
in the early morning hours of October 10, 2016. Trooper Patrick Reagan questioned Fips in the <... More...
   $0 (06-20-2018 - OH)

American Indian Health & Services Corporatioon v. Jennifer Kent, as Director

The State Department of Health Care Services and its director (collectively, the
Department) appeal from a judgment in favor of plaintiffs on a petition for a writ of
mandate. Plaintiffs are 23 federally qualified health centers (FQHC’s) and rural health
clinics (RHC’s) that serve medically underserved populations (the Clinics). (42 U.S.C.
§§ 254b(a)(1), 1396d(l)(1), (2), 1395x(aa)... More...
   $0 (06-20-2018 - CA)

STATE OF OHIO -vs- IVAN J. SMITH

The relevant facts and procedural history are as follows:
{¶4} On July 13, 2016, Muskingum County Sheriff’s dispatch received a
complaint about the odor of marijuana coming from the residence located at 128 Hamline
Ave., Zanesville, Ohio. The complaint also stated that the occupants at the residence
were trafficking in drugs.
{¶5} Colleena Johnson ("Colleena") and Appella... More...
   $0 (06-19-2018 - OH)

STATE OF OHIO -vs- ROBERT J. RAMSEY

On March 22, 2017, officers with the adult parole authority were
investigating reports of the unlawful manufacturing of methamphetamine involving two of
their parolees, Douglas Johnson and Douglas Baumgartner. The officers went to a
property owned by Mr. Johnson. The property contained a structure occupied by Mr.
Johnson, another structure occupied by Mr. Baumgartner, and a t... More...
   $0 (06-19-2018 - OH)

STATE OF OHIO v. JAMES A. BENVENUTO

On August 9, 2016, investigators from the West Central Ohio Crime
Task Force (“WCOCTF”) were conducting surveillance on Vincent McKercher
(“McKercher”) in Allen County. (05/05/2017 Tr. at 8). McKercher had a history
of trafficking in marijuana. (Id. at 9). Investigators followed McKercher (in his
vehicle) from a barbershop in Lima, Ohio to a warehouse located at 519 N. Jac... More...
   $0 (06-19-2018 - OH)

STATE OF OHIO v. DALE A. GLENN

On March 8 and 9, 2016, Glenn went to several bars with a friend, Kendall Mabry; they arrived at the K-9 Club after 1:30 a.m. on March 9. Around 2:00 a.m., the victim, “Michael,”1 who was known to Glenn, also arrived at the K-9 Club. Almost immediately, Glenn and Michael got into a physical altercation, and Glenn was thrown out of the bar by K-9 Club security personnel. Glenn went back t... More...   $0 (06-19-2018 - OH)

WEST CARROLLTON CITY SCHOOLS BOARD OF EDUCATION v. MONTGOMERY COUNTY BOARD OF REVISION and MCDONALD’S USA, LLC

The property at issue is a 1.383-acre parcel located at 741 East Dixie Drive
in West Carrollton, Ohio. The property is improved with a 4,470-square foot building,
constructed in 2005, that houses a McDonald’s restaurant. For tax year 2014 the
Montgomery County Auditor valued the property at $1,308,710. McDonald’s filed a
complaint with the Board of Revision (BOR) seeking to red... More...
   $0 (06-19-2018 - OH)

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