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Fourth Amendment Law
 
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. JAMAL COOPER UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

On March 31, 2014, the government obtained a 30-day electronic surveillance order authorizing the wiretapping of cellphones identified as “Target Telephone 1” (TT1) used by Eric Williams, and TT2 used by defendant-appellant Jamal Cooper. The government submitted a single application and the court issued a single wiretap order to cover both phones.
The government intercepted Cooper’s calls u... More...
   $0 (06-22-2018 - )

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. Edwin Gonzalez, a/k/a “Sangriento" District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - MS-13 Member Convicted for Gang Murders of Two Teenagers

Government’s 49th conviction in case. Defendant is 16th person held accountable for murder.

Following a multi-week trial in federal court in Boston, an MS-13 member was found guilty on June 21, 2018 of racketeering conspiracy involving murder. This is the government’s 49th conviction in the case. Defendant i... More...
   $0 (06-21-2018 - MA)

Michelle Dimanche v. Massachusetts Bay Transportation Authority, et al. District of Massachusetts Federal Courthouse - Boston, Massachusetts

The Massachusetts Bay
Transportation Authority ("MBTA") appeals from the entry of a jury
verdict awarding over $2.6 million in damages to a black female
former employee who brought suit under 42 U.S.C. § 1981 and Mass.
Gen. Laws ch. 151B, § 4. She alleges, inter alia, that her
supervisors at the MBTA conspired to terminate her employment
because of her race. The jury awarde... More...
   $0 (06-21-2018 - MA)

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)

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 - )

UNITED STATES OF AMERICA v. EDWIN CABRERA-RIVERA United States Court of Appeals For the First Circuit

Appellant Edwin Cabrera-Rivera
("Cabrera") was charged in a two-count indictment with production
and possession of child pornography. In a deal with the
government, he agreed to plead guilty to the possession count --
an offense with no mandatory minimum sentence -- and the government
agreed to dismiss the production count -- an offense with a
mandatory fifteen-year ... More...
   $0 (06-21-2018 - )

Carlos G. Bertonatti vs. The State of Florida

At approximately 8:00 a.m., Bertonatti veered his vehicle into the bicycle
lane on Bearcut Bridge; struck and killed a bicyclist, Christophe Lecanne; failed to
stop or attempt to render aid to Mr. Lecanne; and subsequently fled from the police
when they pursued and tried to stop him with lights and sirens activated. The
evidence revealed that the impact to the bicycle and to ... More...
   $0 (06-21-2018 - FL)

Ronnie Bruce vs. The State of Florida

In 1972, Ronnie Bruce (“Bruce”) was convicted after a jury trial of robbery,
assault with the intent to commit murder, and unlawful possession of a firearm
while engaged in a criminal offense, and he was sentenced to life in prison with the
possibility of parole. Because Bruce was a juvenile at the time he committed these
offenses, he filed a motion to vacate his sentence on A... More...
   $0 (06-21-2018 - FL)

DARYL J. MC CLELLAND vs STATE OF FLORIDA

Detectives from the Polk County Sheriff's Office were conducting an investigation regarding individuals who were downloading child pornography. That investigation led to the search of a house that was associated with an IP (internet protocol) address that had been identified as sharing child pornography. During the search, the detectives discovered that the residence had a Wi-Fi router that util... More...   $0 (06-21-2018 - FL)

Rehabilitation Center at Hollywood Hills, LLC vs State of Florida, Agency For Health etc.

On September 13, 2017, AHCA issued the Immediate Moratorium on Admissions, which prohibited the facility from “admit[ting] for services any individual.” The order made the following factual findings: a. On September 10, 2017, [the facility] became aware that its air conditioning equipment had ceased to operate effectively. b. In addition to contacting the local electrical power provider, [the fa... More...   $0 (06-21-2018 - TN)

Nathaniel Walker v. State of Tennessee

On June 23, 2015, the Petitioner pled guilty to aggravated assault, aggravated burglary, and employing a firearm during the commission of a felony in exchange for concurrent, three-year sentences for the aggravated assault and aggravated burglary convictions and a six-year sentence for employing a firearm during the commission of a felony to run consecutively to the three-year sentences and concur... More...   $0 (06-21-2018 - TN)

David Michael Blevins v. State of Tennessee David M Blevins - Registered Sex Offender

Following a jury trial, Petitioner was convicted of three counts of aggravated sexual battery as lesser-included offenses of the indicted charges of rape of a child. He was sentenced to serve thirty years in confinement. Petitioner appealed his convictions and sentence, and this court affirmed the judgments of the trial court. State v. David Michael Blevins, No. E2013-01976-CCA-R3-CD, 2014 WL 2... More...   $0 (06-21-2018 - TN)

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)

Edward Wilson v. State of Tennessee COURT OF CRIMINAL APPEALS OF TENNESSEE

The record in the instant case does not contain the indictments or technical record from the underlying charges, but we glean from the plea hearing that the Petitioner’s pleas arose from offenses committed on three separate dates in 2015. The Petitioner was charged with committing on March 23, 2015, the offenses of driving on a suspended license and violation of the financial responsibility law. ... More...   $0 (06-21-2018 - TN)

David Wayne Cassady v. Steven Hall, Georgia Department of Administrative Services Middle District of Georgia Federal Courthouse - Albany, Georgia

David Cassady appeals the District Court’s denial of his motion for garnishment against the Georgia Department of Administrative Services (“GDAS”). We hold that garnishment actions are “suits” under the Eleventh Amendment, Georgia has not waived its immunity to the type of garnishment Mr. Cassady seeks, and Congress has not clearly abrogated the states’ immunity to such garnishments. We accordingl... More...   $0 (06-21-2018 - GA)

Jeffrey Cozzl v. City of Birmingham and Cedrick Thomas Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Jeffrey Cozzi was arrested for the robbery of one pharmacy and the attempted robbery of another. He was released after the police found no evidence linking him to the crimes. Cozzi sued Officer Cedrick Thomas, the City of Birmingham, Alabama, and several other law enforcement officers alleging, among other claims, a violation of his Fourth Amendment right to be free from what he contends was an un... More...   $0 (06-21-2018 - AL)

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)

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 - MOHAMMED LAGHAOUI

On July 5, 2016, the Warren County Grand Jury returned a multi-count
indictment charging Laghaoui with attempted aggravated murder of a law enforcement
officer, felonious assault, improperly discharging a firearm into a habitation, tampering with
evidence, and domestic violence, among others. The charges arose after Laghaoui used
a Century Arms RAS-47 (a civilian variant of an... More...
   $0 (06-20-2018 - OH)

STATE OF OHIO - vs - CURTIS D. SCHLEIGER

On May 5, 2009, the Preble County Grand Jury returned a four-count
indictment charging Schleiger with single counts of felonious assault, tampering with
evidence, aggravated assault, and carrying a concealed weapon. Although generally a
first-degree misdemeanor, the carrying a concealed weapon charge was brought as a
fourth-degree felony due to Schleiger having previously been... More...
   $0 (06-20-2018 - OH)

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