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Last Clear Chance Law
 
Communities For A Better Environment v. State Energy Resources Conservation and Development Commission

The State Energy Resources Conservation and Development Commission (Energy
Commission) is the state agency exclusively empowered to license thermal power plants
of over 50 megawatts capacity. (Pub. Resources Code, §§ 25120, 25500, 25517; see City
of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364–
365 (Sonoma).)1
Indeed, pursuant to section 25... More...
   $0 (01-20-2018 - CA)

State of Nebraska v. Teon D. Hill Man convicted of killing 34-year-old Omahan

A December 10, 2013, surveillance video shows Dunn making a purchase at a liquor store at 30th and Pinkney Streets in Omaha at approximately 9:54 p.m. The purchase was placed in a white plastic bag. Surveillance video indicates
that Dunn then walked toward 28th Avenue. At approximately 10 p.m., a gunshot detection system notified the Omaha Police Department of six shots fired in the area. Offi... More...
   $0 (01-19-2018 - NE)

STATE OF MONTANA v. DENNIS LEO SCHOWENGERDT Deer Lodge man gets life for wife's murder

The initial facts of the case are undisputed: On December 8, 2012, Schowengerdt
killed his wife, Tina Schowengerdt, by repeatedly stabbing her in their home near Deer
Lodge. The following morning, Schowengerdt drove to the police station in Deer Lodge
and, in a recorded statement, told officers that last night he, “killed that son of a bitch [he]
was living with. So arrest me... More...
   $0 (01-19-2018 - WY)

STATE OF NEW MEXICO v. FILEMON V. New Mexico Supreme Court

This case comes to this Court on interlocutory appeal from the Sixth Judicial
3 District Court. Pursuant to Rule 12-201(A)(1)(a) NMRA, the State appeals the district
4 court’s order to suppress two statements, one elicited at the juvenile probation office
5 and the other at the Silver City Police Department.
6 {5} Filemon was on probation for committing a delinquent act and expecte... More...
   $0 (01-19-2018 - NM)

UNITED STATES OF AMERICA v. DAVID E. GORSKI

The charges against Gorski pertain to his role as founder
and vice president of a general contracting and construction
services company, Legion Construction, Inc. Gorski developed the
plan for the company in late 2005. From 2006 to 2010, Legion took
advantage of federal programs in which certain federal agencies
awarded government contracts on a preferential basis to sma... More...
   $0 (01-19-2018 - MA)

STATE OF CONNECTICUT v. VAUGHN OUTLAW Connecticut Judicial Branch

The defendant, Vaughn Outlaw, appeals from the judgment of conviction, rendered after a jury trial, of assault public safety personnel in connection with his assault of an employee of the Department of Correction (department) in violation of General Statutes § 53a-167c (a) (5).1 On appeal, the defendant asserts that the court committed plain error when it did not include detailed language on the u... More...   $0 (01-19-2018 - )

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 CONNECTICUT v. ANTHONY C. MANOUSOS Connecticut Judicial Branch

. The defendant, Anthony C. Manousos, appealsfromthejudgmentofconviction,renderedafter a jury trial, of arson in the first degree in violation of GeneralStatutes§ 53a-111(a)(1).Thedefendantclaims that the trial court improperly (1) denied his motions to suppress various tangible items collected from him, as well as oral statements that he made to the police during an investigatory stop and subsequ... 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)

United States of America v. Sanford J. Wishnev v. The Northwestern Mutual Life Insurance Company Northern District of California Federal Courthouse - San Francisco

We ask the California Supreme Court to resolve two open
questions of state law that have significant effects on
insurance companies and insureds in California.
An initiative measure enacted in 1918 (the Initiative), Cal
Civ. Code §§ 1916-1–5, limits the amount of interest lenders
may charge, and provides that lenders may not compound
WISHNEV V. 4 NORTHWESTERN MUTUAL
int... More...
   $0 (01-19-2018 - CA)

McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...
   $0 (01-19-2018 - CA)

STATE OF NEW JERSEY v. JAZIR GORDON

After his motion to suppress physical evidence was denied
without an evidentiary hearing, defendant Jazir Gordon proceeded
to trial and was found guilty by a jury of third-degree possession
of heroin, N.J.S.A. 2C:35-10a(1); second-degree unlawful
possession of a handgun, N.J.S.A. 2C:39-5b; fourth-degree
possession of a defaced firearm, N.J.S.A. 2C:39-3d; fourth-degree
... More...
   $0 (01-18-2018 - NJ)

STATE OF NEW JERSEY v. GIANCARLO BONILLA, a/k/a ELEX BLANKS, GIANCARIO BONILLA, JAJAINCAR L. BONILLA, JOSE MENDEZ, CARLOS ORTIZ, and JOSE SOLER

After a 2011 jury trial, defendant Giancarlo Bonilla was
convicted of first-degree felony murder, first-degree robbery, and
second-degree conspiracy to commit robbery. The charges arose out
of the fatal attack upon an inmate at Delaney Hall, a private
correctional facility, by defendant and other prisoners attempting
to rob the victim. Defendant was acquitted of murder. ... More...
   $0 (01-18-2018 - NJ)

Juan Aguilar vs. The State of Florida

On Sunday, December 9, 2007, at approximately 3:00 a.m., a three-car
accident occurred in the four westbound lanes of State Road 836 near the 27th
Avenue exit. At approximately 3:11 a.m., Florida Highway Patrol Trooper
Bobadilla (“Trooper Bobadilla”) received a dispatch regarding this accident.
When he arrived at the scene, Miami Dade Expressway Authority (“MDX”) Road
Ra... More...
   $0 (01-18-2018 - FL)

KENNETH DARCELL QUINCE vs. STATE OF FLORIDA

In 1980, Quince pleaded guilty to first-degree felony murder and burglary of
a dwelling and, after waiving his right to a penalty phase jury, was sentenced to
death. We affirmed Quince’s death sentence on direct appeal. Quince v. State,
414 So. 2d 185, 189 (Fla. 1982). Quince filed an initial motion for postconviction
relief, the denial of which was eventually affirmed on ap... More...
   $0 (01-18-2018 - FL)

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 Tennessee v. Christopher Jerald Crowley Nashville man charged in death of homeless man

During the early morning hours of October 18, 2012, the victim, Robert Mitchell, was sleeping on a bench across the street from the Criminal Justice Center in downtown Nashville. The victim’s aunt, Linda Cloyd, testified at trial that the victim typically lived with family members, but that in October 2012 the victim was homeless and working at the Nashville Rescue Mission. Mario Hambrick was th... More...   $0 (01-18-2018 - TN)

State of Tennessee v. Joseph Howard Hinson, III Tennessee Court of Criminal Appeals

The Hardin County Grand Jury returned an indictment charging the Appellant with selling .5 grams or more of methamphetamine within a drug-free zone after a confidential informant purchased drugsfrom the Appellant.
At trial, Hardin County Sheriff’s Deputy Jason Caldwell, who was assigned to the 24th Judicial District Drug Task Force, testified that in August 2014, Tommy Woods
01/17/2018<... More...
   $0 (01-18-2018 - TN)

STATE OF OHIO - vs - CHRISTY LYNN WARWICK

In May 2016, appellant was arrested and indicted on one count of endangering
children in violation of R.C. 2919.22(A), a felony of the third degree, and one count of
involuntary manslaughter in violation of R.C. 2903.04(A), a felony of the first degree. The
charges arose out of the death of appellant's infant son, Sylas, who was 21 months old at the
time of his death on Decemb... More...
   $0 (01-18-2018 - OH)

STATE OF OHIO -vs- JEREMY DAVID WILSON SEXUAL BATTERY

On November 17, 2016, the Stark County Grand Jury secretly indicted Appellant
on the aforementioned charge. The charge arose out of numerous incidents involving Appellant’s
biological daughter, who was less than thirteen years of age, and taking place between October
23, 2005, and December 31, 2013. Appellant appeared for arraignment on December 2, 2016,
and entered a plea of... More...
   $0 (01-18-2018 - OH)

Dering Pierson Group, L.L.P. v. Daniel Thomas Kantos District of Minnesota Federal Courthouse - Minneapolis, Minnesota

In the bankruptcy case of Daniel Thomas Kantos (“Debtor”), Dering Pierson Group, LLC (“DPG”) filed suit seeking a determination that its claim against Debtor is nondischargeable. The Bankruptcy Court1 held that DPG had not sustained its burden of proving that Debtor had willfully or maliciously caused an injury to DPG under § 523(a)(6). It also concluded that collateral estoppel did not apply beca... More...   $0 (01-18-2018 - MN)

Aaron C. Rooney v. Rock-Tenn Converting Company Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

Aaron C. Rooney was fired and sued his former employer, alleging that he was
discriminated against for being male and non-Jewish. But his former employer,
1The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska, sitting by designation.
Rock-Tenn Services, Inc., contends that Rooney 2 was fired for poor performance.
The district court3 granted s... More...
   $0 (01-18-2018 - AR)

United States of America v. $579,475 in U.S. Currency and LNG Express, Inc. Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

LNG Express, Inc. (LNG) appeals the district court’s1 order striking its verified
claim in this civil forfeiture proceeding. We conclude that LNG’s verified claim is
materially indistinguishable from the claim a panel of our court found inadequate in
United States v. $154,853.00 in U.S. Currency, 744 F.3d 559 (8th Cir. 2014). We
therefore affirm.
In September 2014, an Arkansas ... More...
   $0 (01-18-2018 - AR)

United States of America v. Ted Howard Fulk Southern District of Iowa - Federal Courthouse - Des Moines, Davenport & Council Bluffs

Defendant Ted Howard Fulk pleaded guilty to one count of failure to register
as a sex offender in violation of 18 U.S.C. § 2250, his fourth conviction related to
registry requirements. The district court 1 sentenced him to thirty-seven months’
imprisonment and ten years’ supervised release. His supervised release includes a
special condition requiring court approval before travelin... More...
   $0 (01-18-2018 - IA)

Samuel Duran v. U.S. Bank National Association

In our second encounter with this class action case, plaintiffs Samuel Duran and
Matt Fitzsimmons appeal from the trial court’s order denying class certification. This
case is a wage and hour class action challenging whether defendant U.S. Bank National
Association (Bank) had properly classified its business banking officers (BBOs) as
exempt employees under the outside salesperson ... More...
   $0 (01-18-2018 - CA)

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