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Mandamus Law
 
American Indian Health & Services Corporatioon v. Jennifer Kent, as Director

The State Department of Health Care Services and its director (collectively, the
Department) appeal from a judgment in favor of plaintiffs on a petition for a writ of
mandate. Plaintiffs are 23 federally qualified health centers (FQHC’s) and rural health
clinics (RHC’s) that serve medically underserved populations (the Clinics). (42 U.S.C.
§§ 254b(a)(1), 1396d(l)(1), (2), 1395x(aa)... More...
   $0 (06-20-2018 - CA)

IN RE DAVID CHRISTOPHER HESSE, RELATOR Alleged Election Night Domestic Assault Has Local Attorney and Obama Fan Facing Felony Charge

Relator is an attorney practicing criminal defense work in Amarillo, Potter County,
Texas. On April 8, 2016, while acting in that capacity as retained counsel for Adoun
Phommivong, in a criminal prosecution pending in the 251st District Court, Relator was
held in contempt by the Honorable Ana E. Estevez for using language that Judge Estevez
deemed inappropriate for proper cour... More...
   $0 (06-16-2018 - TX)

In re Robert Martinez

Relator, Robert Martinez, has filed numerous original proceedings with this court
complaining either of the trial court’s failure to rule, the failure of his trial attorney(s) to
communicate with him, or the district clerk’s failure to provide him copies of documents. On May
30, 2018, relator filed another petition for writ of mandamus, asking this court to direct the trial
co... More...
   $0 (06-15-2018 - TX)

John Doe v. Regents of the University of California, et al. Central District of California Federal Courthouse - Los Angeles, California

In this interlocutory appeal, The Regents of the University
of California (“The Regents”) and Suzanne Perkin (“Perkin”),
the assistant dean of students at the University of California
at Santa Barbara (“UCSB”), appeal the district court’s denial
of their motion to dismiss John Doe’s (“Doe”) second
amended complaint (“SAC”) on Eleventh Amendment
immunity, judicial exhaustion... More...
   $0 (06-09-2018 - CA)

Mateel Environmental Justice Foundation v. Office of Environmental Health Harzard Asse

In 1989, the predecessor to respondent Office of Environmental Health Hazard
Assessment (OEHHA), the lead agency charged with implementing California’s Safe
Drinking Water and Toxic Enforcement Act (Proposition 65) (Health & Saf. Code,
§ 25249.5 et seq.), adopted a regulation setting a “maximum allowable dose level” or
MADL for lead as a reproductive toxicant. (Cal. Code Regs., tit... More...
   $0 (06-08-2018 - CA)

Patsy B. Anderton, Individually and d/b/a A-1 Grass, Sand and Stone, and Doyle Anderton v. City of Cedar Hill, Texas

This case appears before this Court following an earlier remand to the trial court. See
Anderton v. City of Cedar Hill, 447 S.W.3d 84, 87 (Tex. App.—Dallas 2014, pet. denied). Because
the procedural history of this case is well-known to the parties, we focus only on those facts
relevant to this appeal.
In 2000, the City adopted a Comprehensive Plan to implement changes along ... More...
   $0 (05-30-2018 - TX)

Brian Keith Heuston v. Jason Bryant, Warden Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Brian Keith Heuston seeks a Certificate of Appealability (COA) to appeal the
denial of his 28 U.S.C. § 2254 petition. We deny the COA.
I
In a 2008 jury trial in Oklahoma state court, Heuston was convicted of first
degree burglary, and assault and battery with intent to kill. Heuston was sentenced to
life imprisonment, to be followed by a consecutive 20-year sentence. Heuston fi... More...
   $0 (05-29-2018 - OK)

VICKY PITTMAN McNEELY v. THE STATE OF OKLAHOMA

On July 25, 2017, Vicky Pittman McNeely, Petitioner, by and through counsel Jason Edge and Melanie Lander, filed with the Clerk of this Court a Petition for Writ of Mandamus seeking relief from an order entered by the Honorable William D. LaFortune, District Judge, denying McNeely's Motion For Determination of Immunity in Tulsa County District Court Case No. CF-2013-343. Petitioner's request for e... More...   $0 (05-28-2018 - OK)

RICK POIRIER v. PROCESS EQUIPMENT CO. OF TIPP CITY

On June 8, 2016, Poirier filed a complaint against PECo for monetary
damages and equitable relief, based on PECo’s alleged breach of Poirier’s
manufacturer’s representative agreement. The complaint alleged four causes of action
against PECo: breach of contract; conversion of fees paid by Poirier’s clients; violation of
the statutory duty in R.C. 1335.11 when PECo failed to pay... More...
   $0 (05-20-2018 - OH)

Rodney Sanchez Lopez v. The State of Texas Texas Eighth District Court of Appeals

Lopez was charged with possession with intent to deliver heroin (four grams or more, but
less than 200 grams).1 A jury found him guilty and Lopez was sentenced to fifteen years’
imprisonment. Lopez appeals his conviction based on the trial court’s denial of his (1) motion for
continuance of the trial, and (2) motion to suppress.
The Stop
On July 19, 2013, Trooper John Da... More...
   $0 (05-17-2018 - TX)

Remigio A. Martinez III v. The State of Texas Fourth Court of Appeals

Appellant Remigio A. Martinez III was charged with the offense of arson of a habitation,
and the State sought a finding of habitual offender and an affirmative finding of deadly weapon.
Martinez pled nolo contendere to the offense as charged. The trial court sentenced Martinez to
confinement for thirty-five years in the Institutional Division of the Texas Department of Criminal More...
   $0 (05-16-2018 - )

State of Ohio v. Michael Jividen

On October 26, 1990, appellant pleaded guilty to charges of aggravated
murder, aggravated robbery, aggravated burglary, grand theft of a motor vehicle, and
escape. The charges were contained in three separate case numbers. In case No. CR
199005104B, appellant pleaded guilty to aggravated murder and grand theft of a motor
vehicle. A nolle prosequi was entered at sentencing a... More...
   $0 (05-14-2018 - OH)

UNITED STATES OF AMERICA v. IOURI MIKHEL and UNITED STATES OF AMERICA v. JURIJUS KADAMOVAS

Defendants are foreign nationals under the Hostage Taking Act: Mikhel is Russian, and Kadamovas is Lithuanian. Both lived in Los Angeles, California, during the events underlying this case. Defendants were assisted at various times by coconspirators Petro Krylov, Ainar Altmanis, Aleksejus Markovskis, and Natalya Solovyeva. Altmanis, Markovskis, and Solovyeva all pleaded guilty and
UNITED STA... More...
   $0 (05-13-2018 - CA)

State of Tennessee v. Paul Flannigan Tennessee Court of Criminal Appeals

A Shelby County Criminal Court jury convicted the defendant of one count of attempted first degree murder, two counts of especially aggravated robbery, three counts of aggravated rape, and one count of aggravated burglary for his home invasion, robbery, and rape of the victims. State v. Paul Flannigan, No. W2001-00907-CCA-R3CD (Tenn. Crim. App., Jackson, Feb. 15, 2002), perm. app. denied (Tenn. S... More...   $0 (05-09-2018 - TN)

In re Gustavo Tijerina-Sandoval MoreLaw Suites Legal Suites and Virtual Offices In Downtown Tulsa 406 South Boulder and 624 South Denver 918-582-3993 or Info@morelaw.com

Relator Gustavo Tijerina-Sandoval filed a petition for writ of mandamus in the
above cause on May 3, 2018.2 Through this original proceeding, relator contends that the trial court lacked discretion to allow the State to exercise a peremptory challenge on
a juror after the juror had been accepted by both the State and relator. See TEX. CODE
CRIM. PROC. ANN. art. 35.13 (West, Westla... More...
   $0 (05-08-2018 - TX)

James Davis v. County of Fresno

James Davis was dismissed from his employment as a supervising
juvenile correctional officer based on findings of insubordination, discourteous treatment
of a subordinate, wrongfully assuming supervisorial duties over his wife despite several
admonitions to the contrary, exaggerating the hours he worked on multiple time cards,
and other misconduct. Davis’s administrative appeal of ... More...
   $0 (05-06-2018 - CA)

STATE OF MISSOURI ex rel. SHAYNE HEALEA v. THE HONORABLE FREDERICK P. TUCKER, Supreme Court of Missouri

Healea was arrested in October 2014 for allegedly backing his truck into a
restaurant’s outside wall, which resulted in four patrons sustaining injuries. He was
charged with four counts of second-degree assault and one count of leaving the scene of a
motor vehicle accident. Healea was taken to the police department, where he requested
to speak with his attorney privately. Th... More...
   $0 (05-03-2018 - MO)

Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a... More...
   $0 (04-20-2018 - HI)

Pasadena Police Officers Association v. City of Pasadena, Los Angeles Times Communications, LLC, Intervener and Appellant


Nikki Moore for California News Publishers Association as
Amicus Curiae on behalf of Intervener and Appellant.
Katie Townsend, Bruce D. Brown and Caitlin Vogus for
Reporters Committee for Freedom of the Press as Amicus Curiae
on behalf of Intervener and Appellant.
Rains Lucia Stern St. Phalle & Silver, Timothy K. Talbot
and Jacob A. Kalinksi for Plaintiffs and Responde... More...
   $0 (04-16-2018 - CA)

Arthur Ochoa v. County of Kern

Appellant Arthur Ochoa, formerly employed by the Kern County Sheriff’s Office
(KCSO) as a deputy sheriff, petitioned for a peremptory writ of mandate commanding
respondents County of Kern and Kern County Sheriff Donny Youngblood to set aside his
termination and other extraordinary relief to remedy a violation of the Public Safety
Officers Procedural Bill of Rights Act (Gov. Code, §... More...
   $0 (04-12-2018 - CA)

Matthew Squire v. County of Los Angeles

Appellants Matthew Squire (Squire) and Ernesto Masson
(Masson) (collectively appellants) appeal from the judgment
denying their petition for writ of mandate. They contend the
written reprimands they received from the Los Angeles County
Sheriff’s Department (Department) in September 2014, should be
rescinded because they did not receive notice of proposed
discipline within t... More...
   $0 (04-10-2018 - CA)

The Railroad Commission of Texas v. Polk Operating, LLC

Polk is licensed by the Commission to recycle nonhazardous oil and gas waste at a
facility in Karnes County, Texas. In late 2016, the Commission brought an enforcement proceeding
against Polk after Commission staff determined that Polk’s storage pits were inadequately lined and
over capacity.
During the course of the Commission proceedings, intervenor Evergreen
Underground Wat... More...
   $0 (04-02-2018 - TX)

Chad Barnes v. Sea Hawaii Rafting, L.L.C. Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the ancient maritime remedy of maintenance and cure,1 among other relief, Barnes su... More...   $0 (03-29-2018 - HI)

Covina Residents for Responsible Development v. City of Covina, City Ventures, Inc. Real Parties in Interest

In this CEQA1 action Covina Residents for Responsible
Development (CRRD) appeals from the trial court’s denial of its
petition for writ of mandate seeking to overturn the City of
Covina’s approval of a 68-unit, mixed-use, infill project2 located a
quarter-mile from the Covina Metrolink commuter rail station.
CRRD contends the project’s significant parking impacts required
t... More...
   $0 (03-22-2018 - CA)

Matthew C. McGlynn v. State of California

In this mandamus proceeding, six judges who were elected to the superior court in
mid-term elections in 2012, but who did not take office until January 7, 2013, maintain
they are entitled to benefits under the Judges’ Retirement System II (JRS II)1
as in effect
at the time they were elected, rather than at the time they assumed office. This is a matter
of considerable importanc... More...
   $0 (03-21-2018 - CA)

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