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Intervening Cause Law
 
State of Tennessee v. Quantez Person Jury hung in trial of former FedEx employee accused of rape, exposing HIV

Originally charged with aggravated rape and criminal exposure to HIV, the defendant was convicted by a Shelby County Criminal Court jury of criminal exposure to HIV based upon hisengaging in unprotected sexual acts with the victim in March 2012.

At the defendant’s May 2016 trial, the victim testified that as she walked from her home to the home of a friend, a man driving a Chrysler conver... More...
   $0 (01-18-2018 - TN)

STATE OF OHIO v. CHRISTOPHER J. MCINTOSH

In Scioto C.P. Case No. 16CR411, the Scioto County Grand Jury returned
an indictment charging Christopher McIntosh with two counts of aggravated trafficking in
drugs, one count of trafficking in drugs, two counts of aggravated possession of drugs,
one count of possession of drugs, one count of having weapons while under disability,
and one count of receiving stolen property, wi... More...
   $0 (01-18-2018 - OH)

STATE OF KANSAS v. JAIME MICHELLE CARTER

The facts in this case are tragic but they are not complex and are not challenged in this appeal. The procedural history, however, is extensive and relevant and must be laid out in some detail.

In the early evening of May 25, 2014, Carter was involved in a collision in Leavenworth County. Her eastbound sedan crossed the road's centerline and struck a motorcycle driven by Kristopher Steu... More...
   $0 (01-16-2018 - KS)

STATE OF KANSAS v. CHRISTOPHER R. WARD

Ward and his friend Andrew Rhodes formed and operated a construction business, All Construction Guaranteed Roofing and Restoration (ACG). Their financial arrangement was a loose one. They merely orally agreed to become general contractors who would supply materials and hire subcontractors to perform work on projects. Neither had a set salary; occasionally they would estimate profits and divide the... More...   $0 (01-16-2018 - KS)

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)

Marie DiFiore v. CSL Behring, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Marie DiFiore asserted claims against her former employer, CSL Behring, for retaliation in violation of the False Claims Act, and for wrongful discharge under a theory of constructive discharge in violation of Pennsylvania state
3
law. The False Claims Act (“FCA”) includes an anti-retaliation provision for employee whistleblowers who engage in activity protected by the FCA. The District Co... More...
   $0 (01-14-2018 - PA)

Don Karms and Robert Parker v. Kathleen Shanahan, Sandra McKeon Crow and New Jersey Transit District of New Jersey Federal Courthouses

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...   $0 (01-14-2018 - NJ)

Anderson Living Trust v. Energen Resources Corporation District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Fossil fuels are the decomposed remains of pre-historic flora (coal) and fauna (oil
and gas). They have driven the world’s economy (particularly that of the United States)
for over a century. Discovering marketable deposits, extracting them from the ground,
refining them, and delivering them to consumers in useful form is big business, on one
hand fraught with risk and on the other... More...
   $0 (01-10-2018 - NM)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

STATE OF OHIO - vs - MARQUE DAQUAN BROWN

This case stems from an altercation that occurred between appellant and
his girlfriend, Taisha Ramirez, on or about May 25, 2014. On that date, appellant and
Taisha were 20 and 17 years old, respectively. Taisha was approximately seven or eight
months pregnant with appellant’s son. They resided together at the home of Taisha’s
mother, Marilyn Cedeno; Taisha’s brothers, Jose ... More...
   $0 (01-04-2018 - OH)

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)

UNITED STATES OF AMERICA v. RICHARD ELBERT TURLEY United States Court of Appeals for the Tenth Circuit

In 1964 the government entered into a 20-year lease with Turley for property in
Henryetta, Oklahoma (the Property) to be used as a post office. The lease provided
options to renew for six additional five-year terms and included an option to purchase at
the end of each renewal term. Written notice of renewal was due 90 days before the new
... More...
   $0 (12-30-2017 - OK)

STATE OF NEW MEXICO v. ALEJANDRO RAMIREZ New Mexico Supreme Court affirms convictions in murder case

Vialpando was shot nine times while sitting in a vehicle with his spouse and
3 three children and died from the injuries he sustained. The State charged Ramirez
4 with one count of first-degree murder, NMSA 1978, § 30-2-1(A)(1) (1994); one count
5 of conspiracy to commit first-degree murder, NMSA 1978, § 30-28-2 (1979), § 30-2
6 1(A)(1); one count of shooting at or from a motor ve... More...
   $0 (12-30-2017 - )

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)

STATE OF KANSAS v. JEREMY MICHAEL SPAUR

On January 28, 2015, Kerry Free drove his 2002 Dodge Ram to work in Manhattan, parked it, and left to go to a construction site. When he returned that night, his truck was gone. The next day, Free saw his truck parked in the Quality Inn parking lot. His tools, stereo system, and two firearms were missing. Free estimated the value of his truck to be over $1,000. He estimated the combined value of t... More...   $0 (12-29-2017 - KS)

STATE OF KANSAS v. JEREMY MICHAEL SPAUR

On January 28, 2015, Kerry Free drove his 2002 Dodge Ram to work in Manhattan, parked it, and left to go to a construction site. When he returned that night, his truck was gone. The next day, Free saw his truck parked in the Quality Inn parking lot. His tools, stereo system, and two firearms were missing. Free estimated the value of his truck to be over $1,000. He estimated the combined value of t... More...   $0 (12-29-2017 - KS)

Lyda Swinerton Builders, Inc. v. Oklahoma Surety Company Southern District of Texas Courthouse - Houston, Texas

This case involves several issues of Texas law relating to an insurer’s duty to defend and the damages that an insured may recover when an insurer breaches that duty. The district court, after disposing of much of the case through a series of partial summary judgment rulings and conducting a bench trial on one remaining claim, issued a final judgment that largely (though not entirely) favored the ... More...   $0 (12-25-2017 - TX)

In the Interest of H.C.C, a Child

In nineteen issues, appellant, R.C.C., Jr. (Father), is appealing a final judgment naming him and appellee, W.J.M.C. (Mother), as their child’s joint managing conservators and granting Mother the exclusive right to determine the child’s primary residence. We modify Father’s child support obligation and affirm the trial court’s order as modified.
2
Background
Mother and Father were divo... More...
   $0 (12-21-2017 - TX)

United States of America v. Michael Wade and William Wade Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Brothers Michael and William Wade admit that they robbed a bank in Aurora,
Colorado, while armed with handguns. Each pleaded guilty to one count of armed
bank robbery, see 18 U.S.C. § 2113(a) & (d), and one count of brandishing a firearm
during this crime of violence, see 18 U.S.C. § 924(c)(1)(A)(ii), and they received
respective sentences of 102 months’ and 90 months’ imprisonment... More...
   $0 (12-20-2017 - CO)

UNITED STATES OF AMERICA v. LEONARD OLIVER UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Leonard Oliver pleaded guilty to attempt to possess with intent to distribute 500
grams or more of cocaine and was sentenced to ten years in prison, the mandatory minimum
sentence for the offense given his criminal record. See 21 U.S.C. §§ 841(b)(1)(B), 846.1
The district court entered its judgment on September 30, 2011. The following year, Oliver
filed a tLeonard Oliver ple... More...
   $0 (12-20-2017 - SC)

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)

Denise Michelle Duncan v. Wal-Mart Stores, Inc.

Respondent Denise Michelle Duncan sued Wal-Mart Stores, Inc.
(Wal-Mart) for personal injuries she sustained at one of Wal-Mart’s stores while acting
within the course and scope of her employment with Acosta, Inc. (Acosta). The trial
court entered judgment finding Wal-Mart liable for Duncan’s injuries. Under Labor
Code sections 3852 and 3856,1
appellant Hartford Accident & Indem... More...
   $0 (12-17-2017 - CA)

STATE OF KANSAS v. BRADY FORD TOOLE

A.B. was adopted by Tamai and her family in 2003 when A.B. was 3 years old. In December 2013, A.B. told Tamai that her cousin Brady Toole had molested her multiple times in the fall of 2007 when A.B. was 7 years old. A.B. had come home from school crying and informed Tamai that Toole had raped her. Toole had been living with her family during the fall of 2007 until December 2007 in order to contin... More...   $0 (12-15-2017 - KS)

Daniel Lucas Brooks v. The State of Texas

David Herron and Appellant attended middle and high school together. Herron graduated
from the University of North Texas with a degree in creative writing. He went through several
stints in treatment centers and rehabilitation facilities for heroin addiction. Herron and Appellant
re-connected via Facebook in late 2012. Herron’s Facebook page referenced violent rap music
lyr... More...
   $0 (12-14-2017 - TX)

John Barna v. Board of School Directors of the Panther Valley School District Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

Plaintiff John Barna filed a lawsuit under 42 U.S.C. § 1983 alleging that the Panther Valley School Board (“School Board” or “Board”) and several of its officials violated his First Amendment rights by categorically banning him from
attending Board meetings after he was threatening and disruptive on several occasions. The Board and the individual officials moved for summary judgment. The Distr... More...
   $0 (12-13-2017 - PA)

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