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Habeas Corpus Law
 
James Earl Love v. The State of Texas Waco man gets life in prison for continuous sexual abuse of child

A McLennan County grand jury returned an indictment alleging that Love, during
a period that was thirty days or more in duration—specifically, from on or about January
1, 2010 to September 1, 2013—committed two or more acts of sexual abuse against Z.L.,
Love’s grandson, who was then under the age of fourteen. See id.
Prior to trial, Love filed a “Motion to Declare Continuous S... More...
   $0 (01-20-2018 - TX)

Arminius Dejuan Jones v. The State of Texas Court of Appeals Fifth District of Texas at Dallas

Appellant pleaded guilty to aggravated assault with a deadly weapon, pursuant to a
negotiated plea bargain agreement. The trial court accepted the plea, deferred adjudication, and
placed appellant on community supervision for a period of five years. The State subsequently
filed a motion to proceed with an adjudication of guilt, alleging appellant violated various
conditions o... More...
   $0 (01-20-2018 - TX)

Bruce Frank Ruark v. The State of Texas

A denial of habeas corpus relief is reviewed under an abuse of discretion standard.
Ex parte Wheeler, 203 S.W.3d 317, 324 (Tex. Crim. App. 2006); Hernandez-Prado v. State,
No. 03-15-00290-CR, 2016 WL 3144113, at *4 (Tex. App.—Austin May 26, 2016, no pet.) (mem.
op., not designated for publication). A habeas court abuses its discretion, and the appellate court
will reverse the habe... More...
   $0 (01-20-2018 - TX)

STATE OF CONNECTICUT v. ACEION BROWN

The defendant, Aceion Brown, appeals from the judgment of the trial court denying hispetition fora writoferror coramnobis. Weconclude that, in the circumstances presented, the court lacked jurisdiction to consider the merits of the petition, and we do not reach the merits of his ineffective assistance of counsel claim. Because the court should have dismissed the petition, rather than having denie... More...   $0 (01-19-2018 - CT)

STATE OF NEW JERSEY v. GARY S. HARRIS

Defendant Gary S. Harris appeals from an August 24, 2015
order of the Law Division denying his petition for post-conviction
relief (PCR) couched as a "motion for a new trial."1 Defendant
argues he was deprived of a fair trial based upon ineffective
assistance of counsel and other constitutional violations.
Defendant also contends that the motion judge erred by deciding <... More...
   $0 (01-19-2018 - NJ)

Ruben Sanchez v. City of Chicago, et al. Northern District of Illinois Courthouse - Chicago, Illinois

Ruben Sanchez appeals the denial
of his motion for a new trial in his § 1983 action against Officer
Louis Garcia of the Chicago Police Department. Sanchez alleges
that the trial court made multiple evidentiary errors,
gave an improper jury instruction, and wrongfully accepted
a partial verdict. Because we conclude that a new trial is not
required, we affirm.
2 No. 16-35... More...
   $0 (01-16-2018 - IL)

David E. Miller v. Tony Mays, Warden Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

David Miller was convicted and sentenced to
death for the 1981 murder of Lee Standifer. His sentence was upheld by the Tennessee Supreme
Court and we affirmed the dismissal of his § 2254 habeas petition. Seeking to revisit his
ineffective-assistance-of-trial-counsel (IATC) claim in light of Martinez v. Ryan, 566 U.S. 1
(2012), and Trevino v. Thaler, 569 U.S. 413 (2013), Miller now ... More...
   $0 (01-16-2018 - TN)

Scott Paul Madlock v. The State of Texas Comal County man gets 5 life terms in child sex case

Appellant was being held in a Bexar County Jail on a probation violation when his
three children were taken into custody by the Department of Family and Protective
Services (DFPS). The children had been living with appellant’s wife, but they were taken
by DFPS due to unsanitary home conditions. While they were living in a shelter, two of
the children acted out in a sexual man... More...
   $0 (01-12-2018 - )

Mark Matthew de Rouville v. The State of Texas Mark DeRouville is charged with criminal trespass.

On December 28, 2015, Appellant and James MacPherson went into Alto Parts Plus, an auto parts store, to buy a sawmill battery and to test a car battery. While in the store, they conversed with the salesperson, Cheyenne Deal. The store’s owner, Cynthia Hicks, observed Cheyenne looking uncomfortable and formulated a reason for Cheyenne to leave the conversation. Hicks asked the men if she could a... More...   $0 (01-12-2018 - TX)

Jermichael T. Smith v. The State of Texas 12th Court of Appeals Courthouse in Tyler, Texas

On April 22, 2016, Appellant drove Jordan Downs to Lynch’s Convenience Store (Lynch’s). Downs attempted to cash a check inside the store. The cashier refused to cash the check because it looked similar to a check that a previous customer brought in and that was recently returned to the store as fraudulent. After confirming that Downs arrived in the same vehicle as the previous customer and that... More...   $0 (01-12-2018 - TX)

Rocky Juan Longoria v. The State of Texas

A custody order governed Y.W.’s living arrangements. During the school
year, she lived with her mother, Amber Rau, and her stepfather, Longoria. During
the summers, Y.W. lived with her father, Bret Welch, and her stepmother, Anastasia
Welch. In 2014, when Y.W. was seven years old, Y.W. told Anastasia what Longoria
had done to her. Anastasia and Bret contacted Child Protective S... More...
   $0 (01-09-2018 - TX)

State of Nebraska v. Greg A. Glass

In 1999, Glass was convicted of second degree murder
and use of a firearm to commit a felony. The charges arose
from the July 1998 shooting death of Glass’ former employer,
Adolph Fentress, Sr. Fentress was shot in the head while working
at an automobile detailing shop, Downtown Auto Sales
(Downtown Auto), which he co-owned. The facts for which
we find support in the record... More...
   $0 (01-06-2018 - NE)

Kevin Toledo v. The State Of Texas THIRTEENTH COURT OF APPEALS, CORPUS CHRISTI & EDINBURG, TEXAS

The Eighth Amendment of the United States Constitution, applicable to
punishments imposed by state courts through the Due Process Clause of the Fourteenth
Amendment, provides that “[e]xcessive bail shall not be required, nor excessive fines, nor
cruel and unusual punishment inflicted.” U.S. CONST. amends. VIII, XIV. The Eighth
Amendment requires that punishment be “graduated ... More...
   $0 (01-06-2018 - TX)

Karl Dean Stahmann v. The State of Texas State of Texas Court of Appeals, 13th District

This case arises from a two-vehicle collision on State Highway 46 outside of New
Braunfels. Norberto Gonzalez testified that he was driving his SUV with his wife and son
as passengers, on July 1, 2012 at around 4:30 p.m., when he saw a van approaching
from the opposite direction. Gonzalez testified that he saw the van “starting to turn toward
us, and I’m thinking maybe he see... More...
   $0 (01-06-2018 - TX)

Christopher James Pennington v. The State of Texas Fannin Co. man convicted of child sex crimes sentenced to 10 years Companion Case # 06-17-00041-CR

In this case, the State’s indictment alleged that Pennington caused Marcy, a child younger
than seventeen, to engage in sexual contact by causing her to touch his genitals, with the intent to
arouse or gratify his sexual desire. In companion cause number 06-17-00041-CR, the State alleged
that Pennington, when Marcy was younger than fourteen, had intentionally and knowingly caused <... More...
   $0 (01-06-2018 - TX)

Alex Casias v. The State of Texas Fourth Court of Appeals San Antonio, Texas

At the beginning of the revocation hearing, both Casias and the State waived their opening
statements. The State then read the fifteen allegations against Casias as alleged in the State’s
motion to revoke Casias’s community supervision. Casias was asked if he understood the
allegations. He responded in the affirmative. He was then asked by the trial judge how he pled to
those a... More...
   $0 (01-05-2018 - TX)

Jocelynn Kroll Dechert v. The State of Texas Fourth Court of Appeals San Antonio, Texas

At a pretrial hearing, Dechert urged a motion to suppress evidence seized from her pickup
truck and her BMW. The only witness who testified at the hearing was the arresting officer,
Officer Hunter Westbrook, and the following summarizes his testimony.
Officer Westbrook testified he was completing paperwork at the jail at 2:00 a.m., when
another officer called him and asked hi... More...
   $0 (01-05-2018 - TX)

William Hassell v. Brian Fischer, et al. Second Circuit Court of Appeals - New York, New York

Appeal and cross‐appeal from the Sept. 28, 2016, judgment of the District
Court for the Southern District of New York (Alvin K. Hellerstein, District Judge)
requiring New York prison and parole officials to pay William Hassell, a former
state prisoner, nominal damages plus attorney’s fees for their unreasonable delay
in requesting a New York trial court to resentence Hassell ... More...
   $0 (01-04-2018 - NY)

ANTHONY RAY RHAGNANAN v. STATE OF FLORIDA Florida Fifth District Court of Appeal

Anthony Ray Rhagnanan was arrested for attempted second-degree murder,
possession of cannabis with intent to sell or deliver, and attempted possession of
cannabis over twenty grams. At first appearance, the presiding judge granted reasonable
bond on the latter two charges but denied bond for the attempted second-degree murder.
Rhagnanan petitions for a writ of habeas corpus, ... More...
   $0 (12-31-2017 - FL)

Carlos Morales v. David Barnes Dallas County Courthouse - Dallas, Texas

Appellant Carlos Morales asserts that the trial court erred in denying his motion to dismiss pursuant to chapter 27 of the Texas Civil Practice & Remedies Code. Morales also asserts that the trial court abused its discretion in granting appellee David Barnes’s motion to disregard Morales’s reply to Barnes’s response to motion to dismiss. We affirm in part and reverse in part.
BACKGROUND
Ba... More...
   $0 (12-31-2017 - )

UNITED STATES OF AMERICA v. MICHAEL DAVID SCOTT Former Real Estate Developer Sentenced to Prison for Orchestrating Massive Mortgage Fraud

In February 2008, the government began investigating
Scott as a result of a civil case case against him in Massachusetts
state court involving a mortgage fraud scheme Scott operated in
and around Boston. Scott purchased multi-family homes, divided
them into condominium units, and then recruited straw buyers to
purchase the units at prices favorable to Scott. He attracte... More...
   $0 (12-30-2017 - MA)

DUSTIN O. HOLT v. STATE OF KANSAS

Holt was convicted of first-degree premeditated murder and conspiracy to commit murder for his role in the death of Kenton Shoffner. The facts of the underlying conviction in this case are fully documented in State v. Holt, 285 Kan. 760, 176 P.3d 239
2

(2008), and we need not repeat them here. Following his direct appeal, Holt timely filed a pro se K.S.A. 60-1507 motion alleging th... More...
   $0 (12-29-2017 - KS)

Rodrigo Eugenio Reyes v. The State of Texas Jury finds man guilty of capital murder for 2015 death of 28-year-old man

Appellant was charged by indictment with capital murder for intentionally causing the death of Ernesto Avitia by shooting Avitia with a firearm “in the course of committing or attempting to commit the offense of burglary of a habitation[.]” See id. § 19.03. Amy Blanco, appellant’s girlfriend, testified that she travelled to Pharr, Texas from her home in Houston to spend the weekend with appellant... More...   $0 (12-29-2017 - TX)

Desmond Jerel Veal v. The State of Texas

Appellant was charged by indictment with the offense of unlawful possession of a firearm by a felon, a third degree felony. Appellant pleaded “not guilty,” and the case proceeded to trial. At the conclusion of the trial, the jury found Appellant guilty of unlawful possession of a firearm by a felon as charged in the indictment, and assessed Appellant’s punishment at eight years of imprisonment. ... More...   $0 (12-28-2017 - TX)

The State of Texas v. Mallorie Brooke Basio

The State appealed the trial court’s order granting the article 11.072 application
for writ of habeas corpus of appellee Mallorie Brooke Basio, setting aside the order
deferring adjudication and imposing community supervision on appellee, and granting
appellee a new trial.1 See TEX. CODE CRIM. PROC. art. 11.072, § 8 (West 2015); art.
44.01(a)(3), (k) (West Supp. 2016). Now pe... More...
   $0 (12-28-2017 - TX)

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