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Injurious Falsehood Law
 
Demico Stanley v. The State of Texas Stanley sentenced to 75 years for Lewisville murder

In 2015, Richard Myles lived in a small, one-bedroom apartment on the
second floor of a building in the Hampton Bay apartment complex with his
fiancée, Laura, and their 23-month-old son, David.2 While Laura worked two
jobs, Myles cared for David. He also sold marijuana to earn extra money.
Whenever he left the apartment, he carried his marijuana stash with him in a
gree... More...
   $0 (01-16-2018 - TX)

STATE OF NEW MEXICO v. GAVINO LUNA COURT OF APPEALS OF THE STATE OF NEW MEXICO

Defendant’s convictions stem from events that occurred the afternoon of May
16 3, 2013, when Defendant was looking after J.C. (Child), a nine-year-old boy, and
17 Child’s twelve-year-old sister because Child’s mother was hospitalized. Defendant
18 lived with Child’s grandmother. According to Child, Defendant showed Child “ugly”
19 movies that showed photographs of women “showing th... More...
   $0 (01-09-2018 - NM)

Kathleen D. McBride, as Trustee, etc. v. Byron C. Smith

Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for
violating McBride’s rights with respect to a recorded easement over the Smiths’ property.
After sustaining demurrers to several versions of McBride’s complaint, the last without
leave to amend, the trial court entered judgment in favor of the Smiths. On appeal, we
conclude that McBride stated causes of action f... More...
   $0 (01-04-2018 - CA)

J. Brent Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Plaintiff and appellant, J. Brent Arave, brought several claims under the California
Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his
former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of
America (BoA), his supervisor Joseph Holsinger, and a human resources supervisor,
Katherine Anderson (collectively, defendants). He ... More...
   $0 (01-04-2018 - CA)

Richard Paul Kay v. The State of Texas

Appellant was charged by indictment with aggravated assault on a public servant and evading arrest or detention. An enhancement paragraph alleged a prior felony conviction. Appellant pleaded “not guilty” to aggravated assault on a public servant and “guilty” to evading arrest or detention. After hearing evidence and arguments, a jury found Appellant “not guilty” of aggravated assault on a public... More...   $0 (12-29-2017 - TX)

William Ellis Shimp v. The State of Texas

Appellant presents three issues for our review.1 In his first issue, Appellant argues that the trial court violated his Sixth Amendment right to confrontation when it refused to allow him to cross-examine the complainant or to make a record regarding her prior sexual misconduct. Appellant argues in his second issue that the trial court erred when it denied his challenges for cause and his reques... More...   $0 (12-28-2017 - TX)

Kristen Westfall Maddox v. The State of Texas Jury finds Tyler County woman guilty in double-murder case

Deputy Tony Reynolds of the Tyler County Sheriff’s Office testified that on
January 18, 2014, he responded to a call about shots being fired at Mount Carmel
Baptist Church. On arriving, Reynolds found a deceased male and female. Reynolds
testified that he recognized the male as Nathan Maddox, and he knew that Nathan
had been in a prior altercation with Paul and Letha Westfall (... More...
   $0 (12-28-2017 - TX)

Gustavo Wahlenberg v. The State of Texas Jury convicts Montgomery County man, 73, of murder in self-defense trial

Wahlenberg was charged by indictment for killing Patrick Kelly by shooting
him with a firearm. Wahlenberg pleaded not guilty to the charge and the case was
tried to a jury, where Wahlenberg asserted self-defense and defense of a third party.
Wahlenberg lived with his disabled long-term girlfriend, Brenda1, in a mobile
home on a large rural tract of property in Montgomery Count... More...
   $0 (12-28-2017 - TX)

Ryan John Kelley v. The State of Texas Ryan Kelley found guilty of attempted capital murder of a peace officer

In the early hours of January 6, 2015, Jennifer Bentley and her live-in boyfriend,
appellant, got into an argument at their home in Pampa, Texas. A friend arrived and the
three smoked methamphetamine. The friend left, appellant went to sleep, and Bentley
began packing her daughters’ bags and preparing to leave. When Bentley’s two children
woke, she and the children left for ... More...
   $0 (12-27-2017 - TX)

STATE OF IOWA vs. MARK BERNARD RETTERATH

According to the prosecution’s theory, Retterath was reenacting a
murderous plotline from an episode of Breaking Bad1 as he solicited associates
Aaron Sellers and J.R. to exact revenge against C.L., the young man who accused
Retterath of sexual abuse. The accusations of sexual abuse surfaced in January 2015, but the events
dated back more than ten years. As a young teenager,... More...
   $0 (12-24-2017 - IA)

STATE OF IOWA vs. RICHARD GENE SHAWHAN Man jailed for busting head open with bat

On December 21, 2014, Shawhan did not return to the Fort Des Moines
residential correctional facility. At that time, Butts and Kimberly Goemaat-Clark
(Clark) were living together in an apartment and were allowing Brian Mabrier and
Nicole Martin to stay with them. While on escape status, Shawhan occasionally
stayed with Butts and Clark.
On December 26, Butts, Clark, Ma... More...
   $0 (12-24-2017 - IA)

Elizabeth Wairimu Gitau v. Jefferson B. Sessions, III District of Massachusetts Federal Courthouse - Boston, Massachusetts

Elizabeth Wairimu Gitau
petitions for review of a decision from the Board of Immigration
Appeals ("BIA") dismissing her appeal of an Immigration Judge's
("IJ") decision ordering her removal to Kenya. Having reviewed
the BIA's decision, including the decision of the IJ as adopted by
the BIA, see Guerrero v. Holder, 667 F.3d 74, 76 (1st Cir. 2012),
as well as the record and t... More...
   $0 (12-24-2017 - MA)

Joseph Strauch, et al. v. Computer Sciences Corp District of Connecticut Federal Courthouse - New Haven, Connecticut

New Haven, CT - Joseph Strauch and others sued Computer Sciences Corp on a Fair Labor Standards Act violation theory claiming that Computer Sciences willfully and intentionally failed and refused to pay overtime pay. The 1,000 or so plaintiff were granted class action status.

In the midst of the Great Depression, Congress enacted the FLSA to combat the “evils and dangers resulting from ... More...
   $0 (12-22-2017 - )

STATE OF NEW JERSEY v. WILLIAM BURKERT Supreme Court of New Jersey

On September 30, 2011, Halton filed three separate complaints, alleging that Burkert committed the petty disorderly persons offense of harassment on January 8, 9, and 11, 2011, in violation of N.J.S.A. 2C:33-4(c).1 A three-day trial was held in
1 A petty disorderly persons offense is punishable by up to thirty days in jail. N.J.S.A. 2C:43-8.
5
the Elizabeth ... More...
   $0 (12-21-2017 - CT)

In re Patti J. Wagner, as Guardian of Jenny Wagner, an Incapacitated Adult

Real parties in interest, Four J’s Community Living Center, Inc. (“Four J’s) and Anthonia Uduma (“Uduma”), have filed motions for rehearing and for en banc reconsideration of our April 27, 2017 opinion. We deny the motion for rehearing, but withdraw our opinion and issue the following opinion in its stead. Because we issue a new opinion in connection with the denial of rehearing, the motion for en... More...   $0 (12-18-2017 - TX)

Robert Adrian Rendon v. The State of Texas Man who shot at officers during chase gets 2 life terms

Bradley Durst, an officer with the Fredericksburg Police Department, stopped a vehicle
based on his suspicion that the driver was intoxicated. During the course of the stop, the driver of
the vehicle shot Officer Durst and drove away from the scene. Approximately forty-five minutes
to an hour later, Jared Moore, a deputy with the Kendall County Sheriff’s Office, was dispatched
... More...
   $0 (12-17-2017 - TX)

Sophie P. Toulon v. Continental Casualty Company Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

In September 2002, Sophie Toulon applied for a Preferred Solution long-term care insurance policy (the Policy) issued by Continental Casualty Company. Continental provided Toulon with a “Long Term Care Insurance Personal Worksheet,” along with the application, to help her determine whether the Policy would work for her,
2 No. 16-1510
given her financial circumstances. The Worksheet discuss... More...
   $0 (12-17-2017 - IL)

F. R. and J. R. v. Texas Department of Family and Protective Services

Appellants F.R. (“Felix”) and J.R. (“Jane”) appeal from the trial court’s order
terminating their parental rights regarding two children, J.R. (“Tiffany”) and J.R. (“Erin”).1
Appellants challenge the order claiming trial-court procedural errors, ineffective assistance of trial
counsel, legal and factual insufficiency of the evidence, and denial of due process. For the reasons
that ... More...
   $0 (12-15-2017 - TX)

Harold Dewayne Ferguson v. The State of Texas 100 mph chase yields life sentence for habitual offender

In his first issue, Ferguson argues the trial court’s failure to hold a hearing
on his motion for new trial was reversible error. As his sole ground for relief in
his motion for new trial, Ferguson alleged that his trial attorney “did not call
character witnesses on [his] behalf at the punishment trial in this case.”
Ferguson supported this allegation with his affidavit, in w... More...
   $0 (12-09-2017 - TX)

State of Tennessee v. Lisa Kay Young Lisa K. Young found guilty of murder

This case arises from the murder of the victim, Jill Farley, on February 9, 2014. The following day, Miranda Brown and Brian Logan were arrested for the victim’s murder. The Defendant was arrested almost a year later on January 5, 2015, when police officers found incriminating text messages from February 9, 2014, on one of the Defendant’s cell phones. The White County Grand Jury indicted the De... More...   $0 (12-08-2017 - TN)

Department of Forestry and Fire Protection v. Eunice E. Howell

A wildfire started in Plumas County on September 3, 2007, and burned
approximately 65,000 acres over the course of multiple weeks. This fire, dubbed the
“Moonlight Fire,” was at the center of several actions filed by plaintiffs Department of
Forestry and Fire Protection (Cal Fire), Grange Insurance Association, and multiple
landowners
1 in 2009 and 2010 against defendants Eunic... More...
   $0 (12-07-2017 - CA)

STATE OF IOWA vs. ERIC CORTEZ SALLIS

A jury found Eric Sallis guilty of domestic abuse assault with intent to cause
serious injury, in violation of Iowa Code section 708.2A(2)(c) (2016), and domestic
abuse assault causing bodily injury, in violation of section 708.2A(2)(b). The
district court sentenced Sallis to two years’ incarceration. Sallis appeals his
convictions, contending the district court committed evi... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA v. FREDDY DOUGLAS CRISP Iowa man found guilty of murdering Devils Lake man

Freddy Crisp shot his friend Dale Potter after a day and night of drinking. A
jury found him guilty of first-degree murder. On appeal, Crisp challenges (1) the
sufficiency of the evidence supporting the jury’s finding of guilt, (2) his trial
attorney’s failure to object to an inference-of-malice jury instruction, and (3) the
district court’s denial of his motions for new tria... More...
   $0 (12-06-2017 - IA)

Edward Ray Taylor, Jr. v. The State of Texas COURT OF APPEALS SECOND DISTRICT OF TEXAS

A jury convicted Edward Ray Taylor Jr. of two offenses—continuous
sexual abuse of a child and indecency with a child—and assessed his
punishments at 60 years’ and 20 years’ confinement respectively. Taylor raises
three points on appeal. First, he contends that the trial court erred by not
admitting a complainant’s allegedly false outcry against another alleged
... More...
   $0 (12-04-2017 - TX)

Ronald Eugene Reynolds v. The State of Texas Ronald Eugene Reynolds - Registered Sex Offender

Robert Valdez, and his ex-wife, Crystal Valdez, ran a scheme that we can only hope is a
rarity in personal injury litigation. Robert had Crystal scour the Houston Police Department’s
website for recent traffic accidents, and then obtain the corresponding police accident reports. The

2 We parse the language only in re... More...
   $0 (11-30-2017 - TX)

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