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Kidnapping Law
 
UNITED STATES OF AMERICA v. JEROME WILSON Man arrested minutes after attempting to steal $10K in armed bank robbery, police say

The facts of the case are not in dispute. Wilson pled guilty to three counts of unarmed bank robbery or attempted bank robbery in violation of 18 U.S.C. § 2113(a), and the District Court sentenced him to 151 months’ imprisonment, three years of supervised released, restitution of $3,122, and a special assessment of $300. The sentence was based in part on two enhancements: one for being a career ... More...   $0 (01-19-2018 - PA)

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 Missouri v. Jeffrey L. Bruner

Considering the evidence in the light most favorable to submission of a self-defense
instruction, the record shows Mr. Bruner and his wife, Michelle Hale, were estranged.
Mr. Bruner testified that to his knowledge she was not seeing anyone else, though he was
aware she had met a college football coach for a lunch date. He later learned the coach
was Derek Moore.
Mr. Bru... More...
   $0 (01-17-2018 - MO)

State of Tennessee v. Mario Donte Keene Mario Keene Sentenced To Life In Prison

Amanda Harris, who was charged with felony murder for her participation in the victim’s death, testified at trial that, prior to her participation in the offenses at issue, she was addicted to crack cocaine and Xanax. She stated that she had taken drugs since she was in the eighth grade and that she had previously been convicted of theft, domestic violence, and reckless endangerment with the use ... More...   $0 (01-13-2018 - TN)

STATE OF OHIO vs. MARCELLUS JOHNSON

Defendant-appellant Marcellus Johnson pleaded guilty to first-degree felony
counts of aggravated burglary, rape, and kidnapping. The court classified Johnson as a
sexual predator under the former Megan’s Law (the rape occurred in 1997). The court
imposed ten-year sentences on each count, with the agreement of the parties that the
offenses were not allied and did not merge. ... More...
   $0 (01-13-2018 - OH)

STATE OF OHIO vs. MITCHELL SHIVERS

In Cuyahoga C.P. No. CR-16-602796-A, appellant was charged with two
counts of rape, each with a sexually violent predator specification, and one count of
kidnapping with a sexual motivation specification and a sexually violent predator
specification. Appellant filed a motion to dismiss for preindictment delay. Thereafter,
he entered a plea of guilty to Count 1 as amended to s... More...
   $0 (01-13-2018 - OH)

State of Ohio v. Devonte Brown Toledo teen charged with murder of ex-girlfriend and her brother takes plea deal

On August 10, 2015, appellant invaded the victim’s home, stabbed her 17
times, killed her son, raped, kidnapped and killed her daughter, and stole her vehicle.
When later confronted by police in the stolen vehicle, he fled and crashed.
{¶ 4} Appellant was the age of 16 at the time he committed these acts, and he was
the estranged boyfriend of the daughter. There was a no-con... More...
   $0 (01-13-2018 - OH)

United States of America v. Marchello Dsaun McCain Southern District of California Federal Courthouse - San Diego, California

San Diego, CA - Brother of San Diego Man Killed Fighting for Isis Sentenced to 10 Years for Terrorism-Related Charges and Illegal Firearms Possession

Marchello Dsaun McCain, a convicted violent felon and the brother of Douglas McCain, the first known American who died fighting for the Islamic State of Iraq and al-Sham (ISIS), was sentenced in federal court on January 12, 2018 to 10 years... More...
   $0 (01-12-2018 - CA)

MARK ALLAN BITZAN vs. STATE OF IOWA Casper man convicted of rape again

A college student on her way home for winter break stopped at a rest area
in Monona County, Iowa. A man in the women’s restroom accosted her, forcibly
moved her to the handicapped stall, threatened her with a pocket knife, and raped
her.
A jury found Mark Bitzan guilty of first-degree kidnapping.1 This court
affirmed his judgment and sentence of life in prison. See S... More...
   $0 (01-12-2018 - IA)

STATE OF NORTH CAROLINA v. BERNARDO ROBERTO PENA aka MARTIN RANGEL PENA COURT OF APPEALS OF NORTH CAROLINA

Defendant was initially charged by arrest warrant on 29 May 2012 and then
later indicted on or about 20 August 2012 for second degree sexual offense, second
degree kidnapping, sexual battery, attempted second degree sexual offense, and
attempted second degree rape. He signed a waiver of counsel form on or about 30
May 2012 waiving his right to assigned counsel. Defendant was ... More...
   $0 (01-10-2018 - NC)

State of Tennessee v. Curtis Johnson, Jr. Tennessee Court of Criminal Appeals

On November 2, 2015, a Madison County Grand Jury returned an eleven-count indictment against the Defendant for three counts of aggravated robbery, one count of especially aggravated kidnapping, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. The Defendant was also indicted for five counts of violating the gang enhancement statute... More...   $0 (01-10-2018 - TN)

Steven Brent Petrovick vs. State of Missouri Missouri Court of Appeals Western District

In June 1991, Petrovick engaged in sexual intercourse with a fourteen-yearold girl. He was nineteen years old at the time. Petrovick was charged in the Circuit Court of Jackson County with sexual assault in the first degree, a class C felony, in violation of § 566.040, RSMo 1986. Petrovick pleaded guilty, and on November 4, 1991, the circuit court suspended the imposition of sentence and placed... More...   $0 (01-09-2018 - MO)

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)

Bryiant C. Overton v. State of Tennessee Man convicted of Attempted Murder will not see new trial in Murfreesboro

The Petitioner’s convictions relate to an incident in which Darice Brown’s cell phone and handbag were taken from her and she was shot multiple times and left in a remote area. The incident was related to a drug transaction arranged by the victim, in which the Defendant and his codefendants thought they had received counterfeit cocaine from the drug dealer, who was a person known to the victim. ... More...   $0 (01-08-2018 - TN)

Dennis Rasheed Gaye v. State of Tennessee

The Petitioner’s convictions relate to an incident in which Darice Brown’s cell phone and handbag were taken from her and she was shot multiple times and left in a remote area. The incident was related to a drug transaction arranged by the victim, in which the Defendant and his codefendants thought they had received counterfeit cocaine from the drug dealer, who was a person known to the victim. ... More...   $0 (01-08-2018 - )

STATE OF NORTH CAROLINA v. SAMUEL TYLER POTTER

The record tends to show the following:
At roughly 1:00 AM on 14 August 2012, the Pamlico County Fire Marshal
received a call concerning a burning structure in Grantsboro, North Carolina. A local
sheriff’s deputy arrived first at the scene of the fire, where he was greeted by
Defendant and another gentleman, Michael Block (“Mr. Block”). Defendant told the
sheriff’s depu... More...
   $0 (01-07-2018 - NC)

STATE OF NORTH CAROLINA v. ERIC J. HENDRICKSEN

The evidence showed that on the night of 28 July 2014, a masked man armed
with a gun, later identified as defendant, entered the I-40 Supergas gas station and
convenience store in Johnston County, North Carolina. Defendant demanded money
from the clerk behind the counter, Sunny Kapoor. When Mr. Kapoor informed
defendant that the cash register was locked and had to be opened u... More...
   $0 (01-07-2018 - FL)

STATE OF SOUTH DAKOTA v. TRAVIS ROBERT PHILLIPS South Dakota Supreme Court

Travis Phillips and Amanda Johnson were married in 2014. Their marriage was often contentious. Phillips suspected Johnson of having affairs, which led to many accusations and arguments. [¶3.] On June 24, 2016, Johnson called Phillips at work to inform him that a law enforcement officer came to their apartment to serve legal papers. The paperwork related to stalking charges filed against Phillip... More...   $0 (01-07-2018 - SD)

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)

United States of America v. Paulino Morales-Alonso Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal requires us to decide whether Georgia aggravated assault as defined by O.C.G.A § 16-5-21(a)(2) is a crime of violence under the operative version of § 2L1.2 of the Sentencing Guidelines. Defendant Paulino Morales-Alonso was convicted in 2016 of illegally reentering the United States, in violation of 8 U.S.C. §§ 1326(a) and (b)(2), after having been deported following a conviction for a... More...   $0 (01-05-2018 - GA)

STATE OF OHIO - vs - KYLE W. M. STARKEY

On September 2, 2015, the Ashtabula County Grand Jury issued an
Indictment, charging Starkey with Murder (Count One), an unclassified felony, in
violation of R.C. 2903.02(A); Murder (Count Two), an unclassified felony, in violation of
R.C. 2903.02(B); Felonious Assault (Count Three), a felony of the second degree, in
violation of R.C. 2903.11(A)(1); Tampering with Evidence (Cou... More...
   $0 (01-04-2018 - OH)

STATE OF OHIO v. KYLE MCDOWELL

On October 13, 2014, HB reported that she had been raped by
McDowell on October 11, 2014. Trial Tr. 296-298. HB and McDowell had both
attended the same high school and had known each other for some time. Id. at 413,
417. On the evening of October 11, 2014, McDowell was house sitting for his
neighbors and invited HB to come visit with him at his neighbor’s house. Id. at 744... More...
   $0 (12-31-2017 - OH)

JOEL LEBRON vs. STATE OF FLORIDA

On Saturday, April 27, 2002, Ana Maria Angel and Nelson Portobanco, both
high school students, decided to go for a walk on the beach in Miami Beach after a
dinner date. After walking along the beach for a while, the couple decided to
return to their vehicle. By this time, Lebron and his four codefendants (Cesar

1. We have juri... More...
   $0 (12-31-2017 - FL)

STEVEN DEAN MCLAREN v. THE STATE OF WYOMING McLaren Sentenced For Five Felony Counts

Mr. McLaren owned 57 cats. He and his girlfriend, Jennifer Evans, referred to the cats as their “kids” or “the kid.” On March 10, 2014, one of Mr. McLaren’s exotic Savannah kittens, Cameo, was sick, so he and Ms. Evans took it to a veterinary clinic for treatment. Mr. McLaren testified that he had injected “somewhere between a quarter and a third of a gram” of methamphetamine right before he no... More...   $0 (12-30-2017 - WY)

DONALD DEAN FOLTZ, JR. v. THE STATE OF WYOMING Foltz found guilty

In the fall of 2014, Mr. Foltz moved into the home of his girlfriend, Amanda Russell, and her two children. On December 22, 2014, Ms. Russell took her two-year-old son, BB, to a pediatrician, Dr. Fall, with concerns that BB had been vomiting, complaining of leg pain, and that he was bruising easily. After an examination and receiving the results of blood work, Dr. Fall concluded that BB’s injur... More...   $0 (12-30-2017 - WY)

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