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Mitigation Law
 
ENOCH D. HALL vs. STATE OF FLORIDA

This Court has previously detailed the underlying facts of this case. Hall v.
State (Hall I), 107 So. 3d 262, 267-71 (Fla. 2012). Relevant to the instant
proceeding, Hall, an inmate at Tomoka Correctional Institution (TCI), was
convicted and sentenced to death for the first-degree murder of Correctional
Officer (CO) Donna Fitzgerald. Hall v. State (Hall II), 212 So. 3d 1001,... More...
   $0 (04-16-2018 - FL)

DON WILLIAM DAVIS V. STATE OF ARKANSAS

Davis was charged and convicted of the capital murder of Jane Daniel, theft of
property, and burglary. Prior to his trial, the Benton County Circuit Court ordered Davis
to be examined by Dr. Jenkins at Ozark Guidance to determine whether “there are
reasonable grounds to believe the defendant to be presently insane or that he was insane
at the [time] of the alleged offenses.” Je... More...
   $0 (04-15-2018 - AR)

Rodeo Citizens Association v. County of Contra Costa, Phillips 66 Company, Real Party in Interest Contra Costa County Courthouses - Martinez, California

The County of Contra Costa (the county) certified an environmental impact report
(EIR) and approved a land use permit for a “Propane Recovery Project” at an oil refinery
owned and operated by Phillips 66 Company (Phillips) in Rodeo, California. In response
to consolidated petitions filed by Rodeo Citizens Association (Citizens) and others,1
the trial court issued a peremptory writ ... More...
   $0 (04-14-2018 - CA)

STATE OF LOUISIANA Vs. TRUNG LE

On June 29, 2014, sometime between 2:00 a.m. and 2:50 a.m., an exchange
of gunfire between two shooters erupted in the 700 block of Bourbon Street, near
the intersection with Orleans Street in the French Quarter. This incident resulted in
the untimely death of Brittany Thomas (hereinafter “Ms. Thomas”), the attempted
murder of an unknown male, and injury to numerous bystanders ... More...
   $0 (04-13-2018 - LA)

Sawyer Brothers, Inc. v. Island Transporter, LLC District of Maine Federal Courthouse - Portland, Maine

Sawyer Brothers, Inc. hired
Island Transporter, LLC to ferry three construction vehicles and
their drivers from Rockland, Maine to North Haven, Maine. The M/V
ISLAND TRANSPORTER encountered rough seas while traversing
Penobscot Bay, and two of the vehicles tipped over onto the
vessel's port bulwark. Sawyer Brothers, Inc., and its owners Ryan
and Ross Sawyer (collectively, "... More...
   $0 (04-12-2018 - ME)

STATE OF OHIO v. ERIC D. HENDON

On December 31, 2013, an incident occurred involving a robbery at a house
located at 329 Seventh Street in Barberton, Ohio. During the robbery, three of the occupants of
the house, J.K., D.C.K., and A.K., were fatally wounded. A fourth occupant of the house, R.B.,
was shot and stabbed but survived her injuries. Following the incident, R.B. placed a 911 call at
6:48 p.m. More...
   $0 (04-11-2018 - OH)

The Regents of the University of California v. The Superior Court of Los Angeles County, Katherine Rosen

After he enrolled in the University of California at Los Angeles (UCLA),
Damon Thompson experienced auditory hallucinations. He believed other
students in the classroom and dormitory were criticizing him. School
administrators eventually learned of Thompson’s delusions and attempted to
provide mental health treatment. However, one morning Thompson stabbed
fellow student Katheri... More...
   $0 (04-10-2018 - CA)

1901 First Street Owner, LLC v. Tustin Unified School District

Plaintiff 1901 First Street Owner, LLC (First Street), appeals from a
judgment which interpreted the meaning and application of Government Code section
65995, subdivision (b)(1), in a manner favorable to defendant Tustin Unified School
District (the District).
1
First Street is the developer of an apartment complex. The
underlying dispute arose after the City of Santa Ana ... More...
   $0 (04-09-2018 - CA)

STATE OF KANSAS v. JOHNNIE LEE WASHINGTON

Johnnie Lee Washington appeals the district court's denial of his motion to withdraw his presentencing guilty pleas. After taking evidence on the matter, the court denied his motion. The court made a thorough review of the evidence and weighed the differences between Washington's statements with those of his former defense counsel. The court gave good reasons for believing the lawyer's evidence an... More...   $0 (04-07-2018 - KS)

STATE OF OHIO vs. CALVIN L. ALEXANDER

At a single hearing held in March 2015, Alexander entered into a plea
agreement with the state in Cuyahoga C.P. Nos. CR-13-579939-A and CR-13-580048-A.
In Case No. CR-13-579939-A, Alexander pleaded guilty to one count of having weapons
while under disability in violation of R.C. 2923.13(A)(2), with a forfeiture specification;
and one count of drug trafficking in violation of ... More...
   $0 (04-07-2018 - OH)

STATE OF OHIO vs. QUISI BRYAN

Appellant Quisi Bryan appeals the trial court’s denial of his motion for
leave to file a motion for a new mitigation trial. Upon review, we affirm the trial court’s
decision because the motion for leave was untimely.
{¶2} After a jury trial, Bryan was found guilty of two counts of aggravated murder
for the killing of a police officer, two counts of attempted murder of another... More...
   $0 (04-07-2018 - OH)

STATE OF OHIO vs. DASHAWN STROWDER

For the sake of clarity, we shall address the third assigned error last. Having
reviewed the record and pertinent law, we affirm the convictions, but reverse and remand
for resentencing. The apposite facts follow.
{¶3} This case originated in juvenile court when then-17-year-old Strowder was
charged in connection with offenses alleged to have occurred on or about April 21, 20... More...
   $0 (04-06-2018 - OH)

Joshua T. Trammell v. State of Indiana COURT OF APPEALS OF INDIANA

On April 29, 2013, Trammell stole “fifty to seventy-five dollars” worth of scrap
metal. (Tr. Vol. II at 47.) On February 11, 2016, the State charged him with
Class D felony theft. On February 13, 2017, Trammell pled guilty without
benefit of a plea agreement. However, the trial court noted “the State has
agreed not to file the Habitual Offender count” in return for Trammell... More...
   $0 (04-06-2018 - IN)

In re Roy Butler on Habeas Corpus

People convicted of noncapital murder and certain other criminal offenses
in California serve indeterminate sentences that run from a minimum number of
years to life, making release possible before the end of their life. The Board of
Parole Hearings (the Board) decides, subject to relevant statutory provisions and
review by the Governor, whether such prisoners are suitable for rele... More...
   $0 (04-06-2018 - CA)

New Cingular Wireless PCS, LLC v. Public Utilities Commission of the State of California, The Utility Reform Network, Real Party in Interest

Following our decision in New Cingular Wireless PCS, LLC v. Public Utilities
Com. (2016) 246 Cal.App.4th 784 (New Cingular), the California Public Utilities
Commission (CPUC), on remand, issued Decision No. 17-04-0071
and Decision No. 17-
11-0382
(collectively, the Remand Decisions), awarding intervenor compensation to The

1 Order Instituting Investigation on the Commi... More...
   $0 (04-04-2018 - CA)

STATE OF KANSAS v. JAMES K. KAHLER

A recitation of some family history preceding the murders is necessary to put Kahler's crimes in context. In 2008, the Kahler family—husband, Kahler; wife, Karen; teenage daughters, Emily and Lauren; and 9-year-old son, Sean—was living in Weatherford, Texas. Kahler was the director of the public utilities department, and Karen was a personal trainer. Both adults had successful careers. Acquaintanc... More...   $0 (03-31-2018 - KS)

UNITED STATES OF AMERICA v. JEFFREY D. BETTS United States Court of Appeals for the Second Circuit

Defendant Jeffrey Betts (“defendant” or “Betts”) appeals  from a December 7, 2016 judgment of the United States District  Court for the Western District of New York in which he was  sentenced principally to a term of ten months’ imprisonment and  four years of supervised release. This sentence resulted from  Betts’s  multiple  violations  while  on  supervised  release  for  a  previous  convictio... More...   $0 (03-31-2018 - NY)

1901 First Street Owner, LLC v. Tustin Unified School District

Plaintiff 1901 First Street Owner, LLC (First Street), appeals from a
judgment which interpreted the meaning and application of Government Code section
65995, subdivision (b)(1), in a manner favorable to defendant Tustin Unified School
District (the District).1
First Street is the developer of an apartment complex. The
underlying dispute arose after the City of Santa Ana (the ... More...
   $0 (03-31-2018 - CA)

JAMES GUZMAN vs. STATE OF FLORIDA

In September 1992, James Guzman was convicted for the August 10, 1991,
armed robbery and first-degree murder of David Colvin and was subsequently
sentenced to death for the murder conviction. On direct appeal, we reversed

1. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.


- 2 -
Guzman’s convictions an... More...
   $0 (03-26-2018 - FL)

JEFFREY GLENN HUTCHINSON vs. STATE OF FLORIDA

Jeffrey Glenn Hutchinson appeals an order of the circuit court summarily
denying a motion to vacate a judgment of conviction of first-degree murder and a
sentence of death under Florida Rule of Criminal Procedure 3.851. We have
jurisdiction. See art. V, § 3(b)(1), Fla. Const. We affirm the circuit court’s
summary denial of Hutchinson’s postconviction claim in light of our de... More...
   $0 (03-25-2018 - FL)

KENTRELL F. JOHNSON vs. STATE OF FLORIDA

On March 30, 2010, Johnson and codefendants Quentin Truehill1 and Peter
Hughes escaped custody at Avoyelles Parish Sherriff’s Office in Marksville,
Louisiana. Johnson and his codefendants stole a truck and traveled to Florida,
committing a series of violent crimes along the way, including the kidnapping and
killing of Vincent Binder.
On the day of their escape, the code... More...
   $0 (03-25-2018 - FL)

STATE OF OHIO vs. CEDRIC CARTER

Cedric Carter challenges the constitutionality of Ohio’s death penalty
statute arguing that imposition of the death penalty requires judicial fact finding in
violation of his Sixth Amendment right to a jury trial as set forth in Hurst v. Florida,
__ U.S. __ , 136 S.Ct. 616, 193 L.Ed.2d 504 (2016). Carter is incorrect.
{¶2} Carter was charged with aggravated murder and aggrav... More...
   $0 (03-25-2018 - OH)

STATE OF OHIO vs. CRISTOPHER BEDELL

On May 7, 2015, nine-year-old M.S. and her younger sister T.S. were
living with Bedell, who was their legal custodian. Bedell’s wife, Twayna, also lived
with them. That morning, the girls were getting dressed for school after Twanya had
left for work. M.S. asked Bedell for assistance “snapping” her bra, which closed in
the back. Bedell put his hands down M.S.’s pants and i... More...
   $0 (03-25-2018 - OH)

STATE OF IOWA vs. SHANE TYLER SMITH Sex Offender

Shane Smith pled guilty to failure to register as a sex offender in violation
of Iowa Code section 692A.111 (2016). Smith argues his waiver of counsel prior
to his plea and sentencing was not knowing, voluntary, and intelligent. Smith also
argues the State failed to comply with the plea agreement and his plea lacked a
factual basis.
Smith was required to register as a ... More...
   $0 (03-24-2018 - IA)

Christopher Collings v. State of Missouri

Nine-year-old Rowan Ford lived with her mother and stepfather, David Spears.
For several months in early 2007, Christopher Collings lived with the Spears family but
had since moved out.
On November 2, 2007, Spears, Collings, and their friend Nathan Mahurin were
drinking alcohol and smoking marijuana together at Spears’s house. Later in the evening,
the three men went t... More...
   $0 (03-24-2018 - MO)

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