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Establishment Clause Law
 
STATE OF KANSAS v. DAMIEN M. TERRELL

In 2011, Terrell pled guilty to possession of cocaine and marijuana, a drug tax stamp violation, and two offender registration violations. The district court imposed a 120-month underlying prison sentence, although the court granted a dispositional departure to probation. Terrell filed no appeal.

In 2013, Terrell admitted to violating the terms of his probation. The district court revo... More...
   $0 (08-18-2018 - KS)

Benjamin Thomas Reavis and Kristi Carol Reavis, individually and as next frient of Owen and Emily Reavis v. Toyota Motor Corporation and Toyota Motor Sales Dallas County Courthouse - Dallas, Texas

Dallas, TX - Benjamin Thomas Reavis and Kristi CArol Reavis, individually and as next friends of Owen Reavis, age 3, and Emily Reavis, age 5, sued Toyota Motor Corporation and Toyotya Motor Sales, U.S.C., Inc. on product liability theories claiming that the 2002 Lexus ES 300 sedan was defective and unreasonably dangerous and that the defect in the vehicle directly caused injuries to the children i... More...   $202000000 (08-18-2018 - TX)

UNITED STATES OF AMERICA v. FRANCISCO OCHOA-OREGEL

Francisco Ochoa-Oregel (Defendant) unlawfully entered the United States in 2016 and was convicted of unlawful reentry in violation of 8 U.S.C. § 1326. Before his 2016 conviction for unlawful re-entry, Defendant had previously been ordered removed in 2008, based on a prior conviction for California domestic violence battery, Cal. Penal Code § 243(e)(1), in an in absentia proceeding. The governmen... More...   $0 (08-17-2018 - CA)

UNITED STATES OF AMERICA v. ROY ALLEN GREEN

In 2001, Green was sentenced to 687 months of imprisonment for convictions on federal drug and firearms charges, including a conviction for conspiracy to distribute methamphetamine. Later that same year, while serving that sentence, Green attacked another inmate with a shank. Green then pleaded guilty to one count of assault with intent to commit murder, in violation of 18 U.S.C. § 113(a)(1). A... More...   $0 (08-17-2018 - PA)

UNITED STATES OF AMERICA v. DOMINIQUE JOHNSON

During the late spring and summer of 2009, Dominique Johnson participated in five bank robberies in the Philadelphia area. In early May, Johnson committed the first robbery by himself, carrying a BB gun. In late May, he committed the second robbery, again carrying a BB gun, but this time assisted by two others: Gregory Lawrence and Jerry Taylor. In June, Johnson bought a .40 caliber Glock pistol. ... More...   $0 (08-17-2018 - PA)

Eduardo De La Torre v. Cashcall, Inc.


Under California law, can a loan contract include an interest rate term so
high that it is “unreasonably and unexpectedly harsh,” “unduly oppressive,” or “so
one-sided as to shock the conscience”? (Sanchez v. Valencia Holding Co.,
LLC (2015) 61 Cal.4th 899, 910–911 (Sanchez).) What the Ninth Circuit asks us
to resolve in this case is a more specific version of that question: C... More...
   $0 (08-17-2018 - CA)

UNITED STATES OF AMERICA v. CHAKA FATTAH, SR., KAREN NICHOLAS, ROBERT BRAND, HERBERT VEDERMAN

During the 1980s and ’90s, Fattah served in both houses of the Pennsylvania General Assembly, first as a member of the House of Representatives and later as a Senator. In 1995, Fattah was elected to the United States House of Representatives for Pennsylvania’s Second Congressional District. In 2006, Fattah launched an unsuccessful run for Mayor of Philadelphia, setting in motion the events that wo... More...   $0 (08-16-2018 - PA)

STATE OF CONNECTICUT v. ALRICK A. EVANS

The principal issue in this appeal is whether our decision in State v. Ray, 290 Conn. 602, 966 A.2d 148 (2009), which would require the defendant in the present case, Alrick A. Evans, to prove drug dependency as an affirmative defense to a charge under General Statutes (Rev. to 2011) § 21a-278 (b),1 remains good law in light of (1) the subsequent decision of the United States Supreme Court in All... More...   $0 (08-16-2018 - CT)

STATE OF NEW JERSEY v. TYREEN H. WALKER, a/k/a TYRENE WALKER

Defendant Tyreen H. Walker appeals from the denial of his petition for post-conviction relief (PCR), arguing: POINT I THE PCR COURT ERRED IN DENYING THE DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF WITHOUT AFFORDING HIM AN EVIDENTIARY HEARING TO FULLY ADDRESS HIS CONTENTION THAT DEFENSE COUNSEL IN THE TRIAL COURT FAILED TO ADEQUATELY EXPLAIN THE RAMIFICATIONS OF THE PLEA AGREEMENT, WHICH S... More...   $0 (08-16-2018 - NJ)

STATE OF NEW JERSEY v. KEITH HARRIS

In the fall of 2013, defendant began work as a civilian institutional trade instructor at NJSP. He trained and monitored inmates in food preparation. Roughly eight months before he started, the Department of Corrections banned tobacco from the State's prison system. A black market emerged, as inmates were willing to pay a premium to obtain tobacco products.

3 A-0933-16T3 ... More...
   $0 (08-16-2018 - NJ)

Derek Waskul; Cory Schneider; Kevin Wiesner; Washtenaw Asociation for Community Advocacy v. Washtenaw Country Community Mental Health, et al. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

An association generally has standing if “at least one of [its] members would have standing to sue on his own.” United Food & Commercial Workers v. Brown, 517 U.S. 544, 554–55 (1996) (citing Warth v. Seldin, 422 U.S. 490, 511 (1975)). In this interlocutory appeal, the Washtenaw Association for Community Advocacy identifies at least one named member who appears to have suffered an initial deprivati... More...   $0 (08-16-2018 - MI)

Jonathan Gaffers v. Kelly Services, Inc. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

The Supreme Court recently held that the National Labor Relations Act does not invalidate individual arbitration agreements. Epic Systems Corp. v.
>
No. 16-2210 Gaffers v. Kelly Servs., Inc. Page 2
Lewis, 138 S. Ct. 1612, 1632 (2018). That holding answers half of this case. The other half, in which the plaintiffs seek to carve out a separate destiny for the Fair Labor Standards Act, me... More...
   $0 (08-16-2018 - MI)

STATE OF TENNESSEE v. A.B. PRICE, JR. and VICTOR TYRONE SIMS1

There is no dispute as to the facts or circumstances that give rise to this appeal. The record shows that when the Defendants initially attempted to enter their guilty pleas, the trial court refused to accept their negotiated plea agreements and “expressed reservations” as to whether the court could accept them because they would be subject to the PSA. The trial court urged the parties to “consi... More...   $0 (08-15-2018 - TN)

STATE OF OHIO - vs - DION LAMARR JACKSON, SR.

On February 10, 2017, the Lake County Grand Jury issued an Indictment, charging Jackson with Aggravated Robbery (Counts One and Five), felonies of the first degree, in violation of R.C. 2911.01(A)(1); Kidnapping (Counts Two and Three), felonies of the first degree, in violation of R.C. 2905.01(A)(2); and Robbery (Counts Four and Six), felonies of the second degree, in violation of R.C. 2911.02... More...   $0 (08-15-2018 - OH)

Eden Gonzalez Has v. Fhodyco Productions

After crossing the finish line at the 2011 Kaiser Permanente San Francisco Half
Marathon, Peter Hass (Hass) tragically suffered a cardiac arrest, collapsed, and died.
Hass’s wife, Eden Hass, and his two minor children (collectively, the Hass Family)
consequently filed this wrongful death action, alleging that numerous race-affiliated
individuals and entities—including event organiz... More...
   $0 (08-15-2018 - CA)

STATE OF OHIO vs. JASON L. PITTS

On January 5, 2017, a Medina County jail inmate, J.W., reported to a housing officer that his wife, H.W., was at the Motel 6 in Medina Township waiting for her drug dealer. The housing officer relayed this information to Sergeant Donald Boone who in turn relayed the information to the director of the Medina County Drug Task Force, Gary Hubbard. According to Sergeant Boone, the housing officer ... More...   $0 (08-14-2018 - OH)

STATE OF OHIO -vs- GEORGE HERBERT SWOGGER

Swogger and K. P. had been in a romantic relationship for eight months. On June 22, 2017, they were living together at 601 Brown Ave. N.W., Apt #1, in Canton, Ohio. At approximately, 7:45 p.m. the two got into a disagreement. Swogger pulled K.P. from the porch into the house by her hair, struck her about the face, grabbed her around the neck and strangled her. {¶3} Canton City police offi... More...   $0 (08-14-2018 - OH)

STATE OF OHIO -vs- PEDRO MONTALVO, JR.

The relevant procedural facts leading to this appeal are as follows. {¶4} The investigation into Appellant Pedro Montalvo began on October 3, 2014, when Detective Rick Steller was checking law enforcement software which had downloaded child pornography from a computer in Mount Vernon, Ohio. (T. at 134). Det. Steller is a member of the Grove City Police Department, assigned to the Franklin Cou... More...   $0 (08-14-2018 - OH)

United States of Amrica v. Ancient Coin Collectors Guild District of Maryland Federal Courthouse - Baltimore, Maryland

This appeal is pursued by the Ancient Coin Collectors Guild (the “Guild”) from the judgment in the District of Maryland ordering forfeiture to the United States of seven ancient Cypriot coins and eight ancient Chinese coins, which were imported into this country by the Guild. Incorporated within its challenge to the propriety of the district court’s summary judgment decision, the Guild contests th... More...   $0 (08-14-2018 - MD)

Bryan Manning v. Donald Caldwell Western District of Virginia Federal Courthouse - Roanoke, Virginia

Virginia law criminalizes the possession, purchase, or consumption of alcohol by someone who has been interdicted by a Virginia court. Interdiction is a civil order designating that a person is a “habitual drunkard” or has been convicted of driving while intoxicated. In this case, a group of homeless people suffering from alcoholism challenged the constitutionality of Virginia’s interdiction statu... More...   $0 (08-14-2018 - VA)

Monster Energy Company v. Bruce L. Schechter

When a settlement agreement provides that the “[p]laintiffs and their counsel
agree” to keep the terms of the agreement confidential, and when the plaintiffs’ counsel
signs the agreement under the words, “Approved as to form and content,” can the
plaintiffs’ counsel be liable to the defendant for breach of the confidentiality provision?
We answer this question, “No.”

FACT... More...
   $0 (08-14-2018 - CA)

STATE OF OHIO -vs- DALTON G. SMITH

The following facts are adduced from the record of the bond revocation hearing on July 11, 2017 and the bench trial of August 3, 2017. {¶3} Appellant was age 87 at the time of these offenses. He met the victim, Jane Doe, when she volunteered at a church where he was the minister. The two have never had a romantic relationship and Doe does not want a romantic relationship with appellant. Doe... More...   $0 (08-13-2018 - OH)

STATE OF OHIO v. MICHAEL TYLER SIBOLE

On the morning of April 4, 2017, John Scroggins, a HUD housing inspector, was driving between properties in Springfield, Ohio. While driving on East Street, a woman ran across the street in front of him pursued by a man. The woman screamed, “ ‘Help me.’ ” (Tr. 104). Scroggins slowed and watched as the man tackled the woman to the ground. The man then pulled her up by her hair and pulled her ba... More...   $0 (08-13-2018 - OH)

Protect Niles v. City of Freemont, Doug Rich, Real Party in Interest and Appellants

The City of Fremont (City) approved a residential and retail development (Project)
in its Niles historical district over considerable neighborhood opposition. The City
adopted a mitigated negative declaration after finding the Project as mitigated would have
no significant adverse environmental impact. Protect Niles1 petitioned for a writ of
mandamus ordering the City to overturn t... More...
   $0 (08-12-2018 - CA)

Jevon R. Bates-Smith v. State of Indiana

Indiana State Police Detective Joshua Allen works for the drug enforcement
section and is assigned to covert operations in an undercover role investigating
people who deal in cocaine, heroin, and methamphetamine. He has been
involved in over 500 criminal investigations related to controlled substances.
Detective Allen often employs confidential informants (CIs), who are usual... More...
   $0 (08-12-2018 - IN)

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