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Fourth Amendment Law
 
STATE OF KANSAS v. SCOTT ROBERT BOLLIG

After consulting with the parties, the district court made written findings and conclusions that have been added to the record on appeal. We now affirm the district court's original and reiterated ruling denying the motion to suppress the text messages because Bollig signed a valid consent for a search of his smartphone. In turn, the State properly used the text messages as evidence against Bollig... More...   $0 (08-18-2018 - KS)

STATE OF KANSAS v. BENJAMIN R. MCMURRAY

McMurray received 12 months of probation after he pleaded guilty to felony theft in Sedgwick County case No. 16CR2060. The district court sentenced McMurray to a seven-month underlying prison sentence that he would have to serve if he did not successfully complete probation. Months later, McMurray was charged with two new crimes in case No. 17CR447—burglary and theft, both felony offenses. McMurra... More...   $0 (08-18-2018 - KS)

STATE OF KANSAS v. CHRISTOPHER S. NAMBO

Nambo pled guilty to burglary and theft, both felonies, and, on June 14, 2016, the district court sentenced him to 24 months in prison but granted probation from that sentence for a period of 24 months, despite the fact that Nambo had committed these offenses while on parole and the district court could have imposed imprisonment. The
court's leniency notwithstanding, Nambo repeatedly violated... More...
   $0 (08-18-2018 - KS)

DAVID LAWRENCE SMITH v. STATE OF KANSAS

A jury convicted Smith of one count of aggravated indecent liberties with a child under 14 years of age and two counts of aggravated indecent liberties with a child over 14 years of age but less than 16 years of age. In his direct appeal, Smith alleged eight trial court errors, which included the district court's denial of his motion for a new trial. The Court of Appeals affirmed Smith's convictio... More...   $0 (08-18-2018 - KS)

SONNY CHAVARRIA GONZALEZ v. STATE OF KANSAS

In 2010, Gonzalez pled guilty to first-degree felony murder and aggravated robbery. The district court sentenced Gonzalez to life in prison for the first-degree murder conviction and an additional 24 months' imprisonment for the aggravated robbery conviction. Gonzalez did not appeal.

Six years later, on June 23, 2016, Gonzalez filed a K.S.A. 60-1507 motion seeking to set aside his pleas... More...
   $0 (08-18-2018 - KS)

STATE OF KANSAS v. DARREN CURTIS HOWE Criminal sodomy and indecent liberties with a child

In December 2013, the State charged Howe with aggravated indecent liberties with a child and criminal sodomy after his 14-year-old niece, A.O., accused Howe of forcing her to perform fellatio, penetrating her with his fingers, and trying to have sex with her. The incident occurred in September 2013. The State later amended its information charging Howe with rape or, in the alternative, aggravated... 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)

STATE OF KANSAS v. CHRISTOPHER J. SCHRADER

On April 28, 2015, the State charged Schrader with five counts, including involuntary manslaughter while driving under the influence under K.S.A. 2014 Supp. 215405(a)(3). After entering into a plea agreement, Schrader pleaded no contest to the involuntary manslaughter charge, as well as to conspiracy to distribute a controlled substance.
Schrader's presentence investigation report assigned hi... More...
   $0 (08-17-2018 - KS)

STATE OF KANSAS v. WILLIE FLEMING

The State charged Fleming with theft, aggravated robbery, and aggravated burglary after an investigation revealed evidence that he and others broke into a residence at night and took property. The noise they made while entering the residence startled Carrington Dean and Quintez Secka, who had been asleep in separate upstairs bedrooms.
Dean was a guest who was sleeping over that night, and Sec... More...
   $0 (08-17-2018 - KS)

STATE OF KANSAS v. LOARN EARL FITZGERALD II

K.L. and her daughter, C.C., lived in a small home with Fitzgerald and others for a few months in late 2012 and early 2013. A few months after K.L. and C.C. moved, K.L.'s friend asked C.C. about what to do if anyone touched her "bad spots." C.C. responded that she should tell her mother. K.L. then asked C.C. if anyone had touched or hurt her. At that point, C.C. said Fitzgerald had "been doing bad... More...   $0 (08-17-2018 - KS)

STATE OF KANSAS v. ARCHIE JOSEPH PATRICK DOOLEY

Dooley pled nolo contendere to a crime emanating from his failure to register as an offender. The district court sentenced him to an underlying 120-month prison term but granted a dispositional departure to 36 months' probation with an assignment to the community corrections intensive supervision program.

On November 6, 2012 and January 24, 2013, Dooley agreed to modifications of his p... More...
   $0 (08-17-2018 - KS)

STATE OF SOUTH DAKOTA v. IRWIN SHARPFISH

On August 8, 2015, Officer Garrett Loen, while on patrol in Rapid City, South Dakota, received a dispatch at 1:45 a.m. regarding a report of an intoxicated driver getting into a blue minivan. Officer Loen, who was in the immediate vicinity, responded to the report and observed a vehicle matching the description given driving through a strip mall parking lot. The minivan stopped at the Corner Pan... More...   $0 (08-17-2018 - SD)

LARRY D. LINCOLN; BRAD C. MOSBRUCKER v. BNSF RAILWAY COMPANY

On October 9, 2007, a BNSF tank car sprung a leak near where Appellants were working, exposing Appellants to 2-chlorobenzyl chloride. Following the tank car spill accident, Appellants attempted, for over two years, to negotiate a monetary settlement with BNSF as to the injuries they sustained from the accident. During that two-year period, Appellants continued to perform their duties as MOW wo... More...   $0 (08-17-2018 - )

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. DIMITRY FOMICHEV

Fomichev was born in Russia and came to the United States in 2003 on a student visa. He met Svetlana Pogosyan in 2006, and they married later that year. In 2007, Pogosyan applied for an alien relative visa for Fomichev, and he applied to adjust his immigration status. The United States Department of Homeland Security found the marriage bona fide, approved the visa, and granted Fomichev conditio... More...   $0 (08-17-2018 - CA)

UNITED STATES OF AMERICA v. KING MOUNTAIN TOBACCO COMPANY, INC.

In 2006 the late Delbert Wheeler, Sr., a lifelong-enrolled member of the Yakama Nation in Washington State, purchased “80 acres of trust property . . . from the Yakama Nation Land Enterprise, the agency of the Yakama Nation which is charged with overseeing the maintenance of real property held in trust by the United States for the benefit of the Yakama Nation and its members.” Wheeler then opened... More...   $0 (08-17-2018 - WA)

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)

Naperville Smart Meter Awareness v. City of Naperville Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The City of Naperville owns and op-erates a public utility that provides electricity to the city’s res-idents. The utility collects residents’ energy-consumption data at fifteen-minute intervals. It then stores the data for up to three years. This case presents the question whether Naper-ville’s collection of this data is reasonable under the Fourth
2 No. 16-3766
Amendment of the U.S. Cons... More...
   $0 (08-17-2018 - IN)

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)

UNITED STATES OF AMERICA –v.– MERLIN ALSTON

Alston worked as a New York City police officer from 2006 until his arrest in July 2   2015. A few years into his law enforcement career, however, he began serving as an 3   armed driver for his childhood friend, Gabriel Reyes, who sold marijuana, cocaine, and 4   MDMA. Alston knew that Reyes was dealing drugs, but he never reported Reyes to 5   authorities or encouraged Reyes to stop. To the cont... More...   $0 (08-16-2018 - NY)

UNITED STATES OF AMERICA -v.- RAYMOND BAKER

As relevant here, Baker was charged on November 5, 2015 in a single count superseding indictment with conspiring to distribute and possess with intent to distribute 100 grams or more of a mixture or substance containing heroin. The evidence presented at his trial established that between January and mid-June 2015, in Albany and Schenectady Counties, New York, Baker participated in this consp... More...   $0 (08-16-2018 - NY)

UNITED STATES v. VALENTÍN VALDÉS-AYALA

To understand how Valdés exploited the bankruptcy and child support administration systems, it will help to understand the ways in which these systems have been designed to work. We use the testimony the jury heard at trial to paint the backdrop against which Valdés operated his businesses. The jury trial included testimony from a varied cast of 34 witnesses culminating with Valdés, himself... More...   $0 (08-16-2018 - PR)

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)

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