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First Amendment Law
 
David Fischer v. Joannie Fischer

A 15-year marriage between appellant David Fischer and respondent Joannie
Fischer had its “ups and downs,” one down of which was David’s affair—an affair he
promised was “over.” David nevertheless petitioned for dissolution; Joannie resisted; and
the parties attempted reconciliation, in connection with which the trial court would later
conclude David gave “conflicting messages.” Me... More...
   $0 (04-23-2018 - CA)

STATE OF LOUISIANA VERSUS PHARAOH BRAZELL

On August 22, 2014, defendant was charged by grand jury indictment with
(Count 1) attempted first degree murder, (Count 2) aggravated rape,2 and (Count 3)second degree kidnapping of K.H.3 At his arraignment on August 27, 2015,
defendant pled not guilty to all charges. On January 5, 2016, the State amended
Count 1 of the indictment from attempted first degree murder, a violation of... More...
   $0 (04-21-2018 - LA)

PATRICK WHIGHAM v. KANSAS DEPARTMENT OF REVENUE

Patrick Whigham appeals the administrative suspension of his driver's license by the Kansas Department of Revenue (KDR).

Whigham was arrested for driving under the influence (DUI). He was read a 2013 version of the DC-70 implied consent advisories, which included the criminal penalties found facially unconstitutional in State v. Ryce, 303 Kan. 899, 368 P.3d 342 (2016) (Ryce I), aff'd ... More...
   $0 (04-21-2018 - )

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. 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)

CITY OF LEAWOOD v. JENNI J. LEE

On February 3, 2015, the City of Leawood charged Lee with first-offense DUI and preliminary screening refusal. Lee was convicted as charged following a bench trial in the Leawood Municipal Court. She subsequently appealed to the Johnson County District Court. Lee filed a motion to suppress, alleging that law enforcement lacked reasonable suspicion to stop and detain her. The district court held a ... 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)

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)

Bruce Ray Blackwell v. The State of Texas

At around 2:00 a.m. on July 20, 2015, Gillespie County Sheriff’s Deputies Justin Cole and
Johnny Gorden (jointly, the “deputies”) observed a truck towing a trailer turn onto a county road
04-17-00406-CR & 04-17-00407-CR


- 2 -

at a high rate of speed. The deputies followed the truck and found it pulled over on the side of the
road. The deputies observed Bl... More...
   $0 (04-19-2018 - TX)

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. JERRID LOGAN

On July 7, 2015, the State charged Logan with the following: (1) one count of aggravated kidnapping, a severity level 1 person felony in violation of K.S.A. 2015 Supp. 21-5408(b); (2) one count of rape, a severity level 1 person felony in violation of K.S.A. 2015 Supp. 21-5503(a)(1)(A); (3) two counts of aggravated criminal sodomy, each severity level 1 person felonies in violation of K.S.A. 2015... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. LUKE REED

In 1982, a jury convicted Reed of one count of aggravated kidnapping and one count of rape. The district court sentenced Reed to 15 years to life imprisonment for the rape charge and life imprisonment for the aggravated kidnapping charge, with the sentences to run consecutively.

Reed filed a direct appeal arguing only that the district court abused its discretion by allowing an amendm... 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)

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. TONY JAY MEYER

In February 2013, 18-year-old Meyer sodomized his 7-year-old foster sister. The State charged him with one count of aggravated criminal sodomy, and later added a single count of aggravated indecent liberties with a child. Both crimes are off-grid person felonies. K.S.A. 2012 Supp. 21-5504(c)(3); K.S.A. 2012 Supp. 21-5506(c)(3).

The State and Meyer entered into a plea agreement. Meyer a... More...
   $0 (04-17-2018 - KS)

STATE OF KANSAS v. ROBBIE A. THOMAS

Robbie A. Thomas was convicted of aggravated battery, abuse of a child, and aggravated endangering a child. These charges arise from an incident while Thomas was babysitting his girlfriend's children on July 2, 2015. The child in question was age two and had soiled his pants. On appeal, Thomas does not argue that the evidence did not establish that he was the cause of the child's burns when he wa... More...   $0 (04-17-2018 - KS)

MICHAEL MATTOX v. STATE OF KANSAS

In 2002, a jury found Mattox guilty, among other things, of aiding and abetting in the reckless second-degree murder of John Lane. Although the facts are fully set out in Mattox's direct appeal, State v. Mattox, 280 Kan. 473, 124 P.3d 6 (2005) (Mattox I), and his previous K.S.A. 60-1507 motion, Mattox v. State, 293 Kan. 723, 267 P.3d 746 (2011) (Mattox II), we briefly discuss the facts to give con... More...   $0 (04-17-2018 - KS)

AVENTURA H. PALOMO, JR. v. THE STATE OF WYOMING Wyoming Supreme Court

In the early morning hours of September 29, 2015, Officer Lisa Koeppel of the Cheyenne Police Department responded to a call from dispatch concerning a fight between Appellant and his brother. When she arrived, the two men ran. She ordered them to stop, then gave chase. Appellant attempted to enter his residence, but she stopped him from doing so. He then turned toward her, grabbed her ballis... More...   $0 (04-17-2018 - WY)

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)

ENOCH D. HALL vs. STATE OF FLORIDA

This Court has previously detailed the underlying facts of this case. Hall v.
State (Hall I), 107 So. 3d 262, 267-71 (Fla. 2012). Relevant to the instant
proceeding, Hall, an inmate at Tomoka Correctional Institution (TCI), was
convicted and sentenced to death for the first-degree murder of Correctional
Officer (CO) Donna Fitzgerald. Hall v. State (Hall II), 212 So. 3d 1001,... More...
   $0 (04-16-2018 - FL)

SONNY A. BYRUM V. STATE OF ARKANSAS

Sonny Byrum appeals his convictions for rape and knowingly exposing another to
the human immunodeficiency virus. His sole argument on appeal is that the circuit court
violated his Sixth Amendment right to counsel of his choice. We affirm.
The State filed charges against Byrum in 2015. Byrum retained private counsel, who
appeared at seven pretrial hearings over eighteen mon... More...
   $0 (04-16-2018 - AR)

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)

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