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Establishment Clause Law
 
IIG Wireless, Inc. v. John Yi and Lauren Kim

The parties appeal and cross-appeal a judgment after a jury trial in this
business dispute. Plaintiff and cross-defendant IIG Wireless, Inc. (IIG) obtained a
judgment of $401,860 against defendant and cross-complainant John Yi. IIG also sued
Lauren Kim, Yi’s fiancée, who moved for and was granted a nonsuit during trial. Yi
obtained a judgment on his cross-complaint for $122,000, re... More...
   $0 (04-25-2018 - CA)

STATE OF MISSOURI v. DENNIS JUDSON MATTHEWS

At the time of the underlying conduct, Matthews and Rebecca Matthews1 lived in Richmond with their four children. Their oldest daughter, Karen,2 was four years old at the time; daughter Sara was two years old; and their son Leon was one year old. In addition to their three infants, Matthews and Rebecca had a threeweek-old newborn, daughter Alice. On the morning of August 18, 2012, Matthews was h... More...   $0 (04-22-2018 - )

STATE OF KANSAS v. CODY ALAN BARTA

The facts establish that on June 3, 2016, the vehicle Barta was driving was stopped in Ellsworth County for a defective tag light. After stopping Barta's vehicle, the officer's suspicion that Barta was impaired led to an investigation resulting in Barta's arrest. Barta has stipulated that there was probable cause to arrest him for DUI. He was transported to the Ellsworth County Law Enforcement Cen... More...   $0 (04-21-2018 - KS)

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)

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)

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)

SEDRIC SUTTON a/k/a CEDRIC SUTTON a/k/a SEDRIC QUINTORUS SUTTON v. STATE OF MISSISSIPPI

The petitioner, John Michael Howell, appeals the portion of the Circuit Court of Wetzel County’s May 12, 2016, “Amended Entry of a Plea and Sentencing Order Amended” [sic] specifying that he will be eligible for parole consideration after serving a minimum of fifteen years in prison. He argues that pursuant to statute, he should be eligible for parole after ten years of incarceration. The State of... More...   $0 (04-16-2018 - MS)

David M. Hopper v. Phil Plummer, et al. Southern District of Ohio Federal Courthouse - Dayton, Ohio

Robert Richardson suffered a seizure two days after he was booked into the Montgomery
County Jail in Dayton, Ohio. Corrections officers and medical staff responded to the medical
call. Despite both a jail policy that prohibited placing restrained inmates in a prone position and
a medic’s appeal to handcuff Richardson in front, the officers handcuffed him behind his back
and restrai... More...
   $0 (04-16-2018 - OH)

Julie Hautzenroeder v. Michael DeWine Southern District of Ohio Federal Courthouse - Columbus, Ohio

Due to her conviction for sexual battery, Julie Hautzenroeder
must forever comply with Ohio’s sex offender registration and notification laws. After her
release from prison and community control, Hautzenroeder filed a habeas petition under 28
>
No. 17-3395 Hautzenroeder v. DeWine Page 2
U.S.C. § 2254 challenging her conviction with its attendant ongoing reporting burden. TheMore...
   $0 (04-16-2018 - OH)

ARKANSAS COMMUNITY CORRECTION V. ANNETTE BARNES Arkansas Supreme Court

Barnes alleged in her complaint that she was terminated from her position with the
ACC for protesting discriminatory actions on behalf of her employer and participating in
an investigation designed to discover further discrimination. She alleged that her
termination was a violation of the Arkansas Whistle-Blower Act (“AWBA”) and asked for
damages, reinstatement, attorneys’ fees... More...
   $0 (04-15-2018 - AR)

James Allan Burg II v. The State of Texas Court of Appeals Ninth District of Texas at Beaumont

Texas State Trooper Matthew Cline stopped Burg late one night when Burg
was driving on the interstate with his high beam lights against oncoming traffic.
Patrolling with Trooper Cline—who was nearing the completion of his field
training—was Texas State Trooper Richard Hazenberg, Trooper Cline’s field
training supervisor. Trooper Cline’s patrol vehicle was equipped with a dash c... More...
   $0 (04-15-2018 - TX)

Gary Edward Vines v. The State of Texas INDECENCY WITH A CHILD SEXUAL CONTACT

Gary Edward Vines was found to be a sexually violent predator, and on April
25, 2012, a Final Judgment and Order of Civil Commitment was entered by the 435th
Judicial District Court for Montgomery County, Texas, in Cause Number 11-11
12117-CV, In Re: The Commitment of Gary Edward Vines. Vines was then assigned
to a halfway house and subject to the Order of Civil Commitment. Vine... More...
   $0 (04-15-2018 - TX)

KIMBERLY WHITE v. KANSAS DEPARTMENT OF REVENUE

Following a traffic stop on June 11, 2016, for failure to stop at a traffic control device, Kimberly White was arrested on suspicion of driving under the influence of alcohol (DUI). In accordance with the Kansas implied consent law, K.S.A. 2015 Supp. 8-1001, the arresting officer read White all of the implied consent notices except for those associated with a potential criminal prosecution for ref... More...   $0 (04-14-2018 - KS)

JOSHUA ROBERTSON v. DALE CALL, et al Kansas Court Of Appeals

For a complete recitation of the facts and procedural history, see Robertson v. Call, No. 114,122, 2016 WL 4413321 (Kan. App. 2016) (unpublished opinion) (Robertson II), and Robertson v. Call, No. 112,132, 2015 WL 326677 (Kan. App. 2015) (unpublished opinion), rev. denied 301 Kan. 1047 (2015) (Robertson I). Relevant to this appeal, on February 21, 2014, Robertson filed a petition for writ of habea... More...   $0 (04-14-2018 - KS)

STATE OF KANSAS v. ALFRED ROCHELEAU Agg Indecent Solicitation child

On March 29, 2013, Rocheleau pleaded guilty to one count of aggravated indecent solicitation for a crime occurring between December 2010 and September 2011. The ex post facto issue arises because the 2011 Legislature amended KORA to increase the registration term for Rocheleau's crime from a 10-year period to lifetime. See L. 2011, ch. 95, § 6. Rocheleau argues his registration should be governed ... More...   $0 (04-14-2018 - KS)

Bruce Levine and Maco A. Gabarette v. Employers Insurance Company of Wausau Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

Carlos Bolanos Castillo was killed and Marco A. Gabarette was injured in a motor vehicle accident during the course of their employment. Castillo’s estate and Gabarette filed declaratory judgment actions seeking coverage under the uninsured/underinsured motorists endorsement of a third party’s insurance policy for payment of the wrongful death and personal injury damages from the accident. The dis... More...   $0 (04-14-2018 - VA)

STATE OF KANSAS v. SHEENA THOMAS

A jury convicted exotic dancer Sheena Thomas of one count of aggravated battery with a deadly weapon against her fellow dancer, Traci Borntrager. The attack occurred at an establishment called Pleasures, the two women's place of work. The weapon in question—a stiletto heel—was an accoutrement of the trade. Following her conviction, the district court sentenced Thomas to serve 24 months' probation ... More...   $0 (04-14-2018 - KS)

Association for Accessible Medicines v. Brian E. Frosh, et al. District of Maryland Federal Courthouse - Baltimore, Maryland

The Association for Accessible Medicines (“AAM”) appeals the district court’s dismissal of its dormant commerce clause challenge to a Maryland statute prohibiting price gouging in the sale of prescription drugs. AAM also appeals the district court’s refusal to enjoin enforcement of the statute on the basis that it is unconstitutionally vague. We hold that the statute violates the dormant commerce ... More...   $0 (04-13-2018 - MD)

STATE OF KANSAS v. WILLIAM PEWENOFKIT

In 2012, William Pewenofkit pleaded no contest to kidnapping, aggravated kidnapping, and aggravated burglary for crimes occurring in March 2011. At the time of his crimes, the Kansas Offender Registration Act (KORA), K.S.A. 22-4901 et seq., required 10 years' registration. But between the crimes and his plea, statutory amendments enlarged this to lifetime registration. On appeal, Pewenofkit argued... More...   $0 (04-13-2018 - KS)

STATE OF LOUISIANA Vs. TRUNG LE

On June 29, 2014, sometime between 2:00 a.m. and 2:50 a.m., an exchange
of gunfire between two shooters erupted in the 700 block of Bourbon Street, near
the intersection with Orleans Street in the French Quarter. This incident resulted in
the untimely death of Brittany Thomas (hereinafter “Ms. Thomas”), the attempted
murder of an unknown male, and injury to numerous bystanders ... More...
   $0 (04-13-2018 - LA)

State of Louisiana v. Terry Matthew Pittman

The state charged Defendant by bill of information with one count of
indecent behavior with juveniles in violation of La. R.S. 14:81(A)(2), one
count of molestation of a juvenile in violation of La. R.S. 14:81.2 and one
count of pornography involving juveniles in violation of La. R.S. 14:81.1.
As to Count One, the state alleged that on April 20, 2014, Defendant
transmitte... More...
   $0 (04-13-2018 - LA)

Stephyn Cornell Prine v. The State of Texas Sexual assault of a child

Appellant was charged by indictment with one count of continuous sexual abuse of a child, a first degree felony punishable by not less than twenty-five years but not more than ninety-nine years or life imprisonment, and two counts of sexual assault of a child, a second degree felony, punishable by not less than two years but not more than twenty years imprisonment. Appellant entered a plea of “n... More...   $0 (04-13-2018 - TX)

Jacqueline Winston v. City of Syracuse Northern District of New York Federal Courthouse - Syracuse, NY

2 Plaintiff Jacqueline Winston, a tenant in a multi‐family building
3 in the City of Syracuse, New York, filed this putative class action
4 under 42 U.S.C. § 1983 in the United States District Court for the
5 Northern District of New York in February 2016. She alleged that the
6 City and its Commissioner of Water Deborah Somers (collectively, the
7 “City”) violated the Du... More...
   $0 (04-13-2018 - NY)

Larry Paul McLeod v. The State of Texas

Margie Wurm stored several items in a unit of a U-Haul storage building in Smith County, Texas. Wurm installed a padlock on the door of her unit to protect her belongings. UHaul monitored the area through the use of both staff and video. Wurm did not provide consent to anyone to enter her unit or to take her belongings from it. Despite these precautions, someone broke into Wurm’s storage unit... More...   $0 (04-12-2018 - TX)

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