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Malicious Prosecution Law
 
STATE OF KANSAS v. WILLIAM JOSEPH LONNIE HULSEY JR.

In March 2016, Hulsey pled guilty to possession of methamphetamine, a severity level 5 drug felony, and possession of marijuana, a class A misdemeanor. On April 25, 2016, the district court granted Hulsey a downward dispositional departure and sentenced him to 12 months' probation. In December 2016, the State filed a motion to revoke Hulsey's probation, alleging he failed to follow the terms of hi... More...   $0 (06-23-2018 - KS)

Rain O. Daugherty v. City and County of San Francisco

Under the Public Safety Officers Procedural Bill of Rights Act (POBRA) (Gov.
Code, § 3300 et seq.),1
no punitive action may be taken against a public safety officer for
any alleged act, omission, or other misconduct unless the investigation is completed
within one year of “the public agency’s discovery by a person authorized to initiate an
investigation of the allegation of an ... More...
   $0 (06-23-2018 - CA)

STATE OF KANSAS v. JAMES LEROY MADLOCK JR.,

The evidence relevant to the two counts of endangering a child, stated in the light most favorable to the State, follows. In November 2015, Angela Salazar was at her home with her son, J.T., age six; and her daughter, A.P., age 13. Her son Lorenzo, age 21, and his friend, the victim here, dropped off some cigarettes for Salazar and then went outside. J.T. was eating at the dining room table and A.... More...   $0 (06-22-2018 - KS)

STATE OF KANSAS v. DANIEL BARLETT

At trial, the witnesses presented varying and sometimes conflicting versions of the context that led to this prosecution. We have pared down the factual background to what we deem important for resolution of the issues.

Around 2007, Barlett and Chad Ford formed a rap group called Wicked Wayz. Unable to agree on finances, Barlett and Ford ended their venture in 2010 or 2011. Barlett cont... More...
   $0 (06-22-2018 - KS)

STATE OF KANSAS v. GREGORY MARK GEORGE, JR.

George was convicted by a jury of kidnapping, rape, aggravated robbery, and aggravated intimidation of a witness or victim. The basic facts as established in the direct appeal of his convictions include:

"R.L., a clerk at a Lansing convenience store, testified that on December 21, 2004, George entered the store, told R.L. he 'wanted the money,' and showed her a gun. R.L. handed George c... More...
   $0 (06-22-2018 - KS)

State of Nebraska v. Anthony L. Wells

The charges against Wells arose from the shooting death of Joshua Hartwig. A group of residents had gathered outside Hartwig’s apartment building after hearing a disturbance. Hartwig joined the group after the disturbance appeared to have ended, but several minutes later a man walked up and fired shots at the group. Hartwig was struck by a bullet and - 299 - Nebraska Supreme Court Advanc e Sheets ... More...   $0 (06-22-2018 - NE)

UNITED STATES OF AMERICA v. CLIFTON A. SATTERWHITE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

On January 22, 2016, the government filed a criminal complaint against Satterwhite alleging that he participated in a number of robberies in the Columbus, Ohio area. The complaint requested an arrest warrant against Satterwhite for interstate robbery, in violation of 18 U.S.C. § 1951, felon in possession of a firearm, in violation of 18 U.S.C. § 922(g), and brandishing a firearm during a crime of... More...   $0 (06-22-2018 - OH)

UNITED STATES OF AMERICA v. JAMAL COOPER UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

On March 31, 2014, the government obtained a 30-day electronic surveillance order authorizing the wiretapping of cellphones identified as “Target Telephone 1” (TT1) used by Eric Williams, and TT2 used by defendant-appellant Jamal Cooper. The government submitted a single application and the court issued a single wiretap order to cover both phones.
The government intercepted Cooper’s calls u... More...
   $0 (06-22-2018 - )

UNITED STATES OF AMERICA v. ARTURO LUCIANO RAMIREZ

Counsel questions whether the district court complied with Rule 11 in accepting
Ramirez’s guilty plea but does not identify any specific error committed during the plea
hearing. Because Ramirez did not move in the district court to withdraw his guilty plea,
we review this issue for plain error. United States v. Sanya, 774 F.3d 812, 815 (4th Cir.
2014). To establish plain err... More...
   $0 (06-22-2018 - NC)

UNITED STATES OF AMERICA v. CHISTOPHER WELSHANS

In February 2014, the Pennsylvania Office of Attorney General determined that child pornography was being shared by an Internet Protocol (IP) address associated with a subscriber later identified as Welshans’s aunt. Law enforcement agents executed a search warrant on her home on March 21, 2014 at 7:30 a.m. The agents found no child pornography, but learned that Welshans, who lived nearby, used t... More...   $0 (06-21-2018 - PA)

Sergio M. Hernandez, III vs. The State of Florida

Defendant, Sergio Hernandez, III, appeals from his judgment and sentence
for domestic battery by strangulation and false imprisonment. As his sole issue on
appeal, Hernandez contends that the trial court committed fundamental error in its
determination of Hernandez’s competency to proceed. Specifically, Hernandez
asserts that the trial court failed to make an independent asse... More...
   $0 (06-21-2018 - FL)

David Michael Blevins v. State of Tennessee David M Blevins - Registered Sex Offender

Following a jury trial, Petitioner was convicted of three counts of aggravated sexual battery as lesser-included offenses of the indicted charges of rape of a child. He was sentenced to serve thirty years in confinement. Petitioner appealed his convictions and sentence, and this court affirmed the judgments of the trial court. State v. David Michael Blevins, No. E2013-01976-CCA-R3-CD, 2014 WL 2... More...   $0 (06-21-2018 - TN)

State of Tennessee v. Howard P. Fisher COURT OF CRIMINAL APPEALS OF TENNESSEE

On the night of January 19, 2015, Ismail Salman and William Derrick, the victim, were working at the Discount Mart in Nashville, Tennessee. Earlier that day, Salman1 had asked the Defendant to leave the store because he was in an altercation with another customer. The Defendant left, but told Derrick, “I will get you after you guys are 1 We acknowledge t... More...   $0 (06-21-2018 - TN)

United States of America v. Dr. Mark Griffis Southern District of Georgia Federal Courthouse - Dublin, Georgia

Dublin, GA - Medical Doctor Found Guilty Of Conspiracy

On Wednesday, June 6, 2018, following a three-day trial before U.S. District Judge Dudley H. Bowen, a federal jury convicted Eastman resident Dr. Mark Griffis, age 61, of conspiring to falsify documents pertaining to Department of Transportation mandated medical examinations of holders of commercial driver’s licenses.

Accordi... More...
   $0 (06-21-2018 - GA)

David Wayne Cassady v. Steven Hall, Georgia Department of Administrative Services Middle District of Georgia Federal Courthouse - Albany, Georgia

David Cassady appeals the District Court’s denial of his motion for garnishment against the Georgia Department of Administrative Services (“GDAS”). We hold that garnishment actions are “suits” under the Eleventh Amendment, Georgia has not waived its immunity to the type of garnishment Mr. Cassady seeks, and Congress has not clearly abrogated the states’ immunity to such garnishments. We accordingl... More...   $0 (06-21-2018 - GA)

United States of America v. Raman Handa District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - In this case, we affirm dismissal
of the added charge in a superseding indictment on Sixth Amendment
speedy trial grounds. On the facts of this case, we hold that the
constitutional speedy trial clock starts to run from the date of
the original indictment, rejecting the government's assertion that
it runs from the date of the charge first brought in the
superse... More...
   $0 (06-20-2018 - MA)

United States of America v. Martin Saavedra-Villasenor Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

When he illegally reentered the United States after completing a prison term in
this country and then being deported to Mexico, Martin Saavedra–Villasenor violated a
condition of his supervised release: that he not commit any more crimes. And Mr.
Saavedra1 did not deny that he had committed a federal crime by returning to the United
 After examining the briefs and appellate... More...
   $0 (06-20-2018 - NM)

WARREN FRYER V. COMMONWEALTH OF KENTUCKY

Melchizedek Fitzgerald contacted Lonnie Brand and made arrangements
to purchase marijuana. The two planned to meet near an apartment complex
in Radcliff, Kentucky, during the early morning hours of August 5, 2016. As
Fitzgerald got out of his vehicle and approached Brand, Fryer ~merged from /, behind the apartment building with a gun. Fryer aimed his gun at Fitzgerald.
Fitzgera... More...
   $0 (06-20-2018 - KY)

COMMONWEALTH OF KENTUCKY V. KYLE D. THOMPSON

During the fall of 2010, Thompson (who was at that time twenty-years~
old) became enamored with Mindy,3 a student at North Hardin High School. ., On October· 17, 2010, Mindy, who was concerned about Thompson's recent
·behavior towards her, con~cted the police to inform th~m about information
displayed on his Facebook page. Thompson's Facebook page did not list his
real name, bu... More...
   $0 (06-20-2018 - KY)

State of Ohio v. Michael Dilo

On November 21, 2014, Dilo was indicted on one count of aggravated possession of drugs under R.C. 2925.11 and one count of aggravated trafficking in drugs under R.C. 2925.03 for an offense that occurred on or about April 4, 2014. The indictment also alleged that Dilo had committed one additional count each of aggravated possession and aggravated trafficking for an offense that occurred on April 22... More...   $0 (06-20-2018 - OH)

United States of America v. Dr. William Bacon and Dr. Donatus O. Mbanefo United States District Court for the Middle District of Georgia - Valdosta, Georgia

Valosta, GA - Doctors Found Guilty For Role In Valdosta And Columbus Pill Mills

Dr. William Bacon, age 82 and Dr. Donatus O. Mbanefo, age 64, were found guilty by a jury of conspiracy to dispense controlled substances outside the usual course of medical practice and without a legitimate medical purpose at clinics in Valdosta, Georgia and Columbus, Georgia. Dr. Mbanefo was also convicted ... More...
   $0 (06-19-2018 - GA)

STATE OF OHIO vs. NEEKO GORDON

On August 25, 2016, Robert Holsey (“Holsey”) agreed to purchase marijuana from Gordon. Holsey and Gordon knew each other from playing basketball at Trent Park. Nieves drove Holsey to the marijuana-purchase- meeting place on W. 38th Street in Cleveland. As Nieves and Holsey drove toward the meeting place, they saw Gordon, became suspicious, and started to drive away. Through the side mirror... More...   $0 (06-19-2018 - OH)

State of Ohio v. Randall W. Harris

This is an appeal from a June 9, 2015 judgment of the Lucas County Court of Common Pleas, finding appellant guilty of one count of domestic violence, in violation of R.C. 2919.25(A), and one count of felonious assault, in violation of R.C. 2903.11(A)(1). 2. {¶ 2} On June 29, 2015, appellant was sentenced to a 14-month term of incarceration for the domestic violence conviction, and a four-ye... More...   $0 (06-19-2018 - OH)

STATE OF OHIO -vs- SABIN J. SOWERS

The relevant facts and procedural history are as follows: {¶4} On March 13, 2017, Ronald Scurlock noticed that large truck batteries were missing from pallets, as well as from various vehicles in and outside of the buildings on the premises of a business he owns in Trinway, Ohio. On March 14, 2017, he noticed more batteries missing. Scurlock started calling local scrapyards in search of the b... More...   $0 (06-19-2018 - OH)

STATE OF OHIO -vs- IVAN J. SMITH

The relevant facts and procedural history are as follows:
{¶4} On July 13, 2016, Muskingum County Sheriff’s dispatch received a
complaint about the odor of marijuana coming from the residence located at 128 Hamline
Ave., Zanesville, Ohio. The complaint also stated that the occupants at the residence
were trafficking in drugs.
{¶5} Colleena Johnson ("Colleena") and Appella... More...
   $0 (06-19-2018 - OH)

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