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Native American Law
 
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)

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)

United States of America v. Olusola Luke Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

St. Louis, MO - Nigerian Citizen Sentenced for Theft of Government Funds

Olusola Luke, 38, a native of Nigeria and resident of Guatemala, was sentenced to 35 months imprisonment for his participation in a stolen identity tax fraud scheme.

According to court documents, Luke and others used stolen identities to unlawfully obtain data from U.S. Government computers and then used tha... More...
   $0 (01-17-2018 - MO)

Maria V. Pena v. City of Rio Grande City, Texas, Rosa Salinas, Jose Solis Southern District of Texas Courthouse - Houston, Texas

Maria Peña sustained injuries as a result of a tasing by police officers for the City of Rio Grande City. Peña sued the city and two of the officers in state court, alleging excessive force under 42 U.S.C. § 1983 and negligence under the
Case: 16-41522 Document: 00514306262 Page: 1 Date Filed: 01/12/2018
No. 16-41522
2
Texas Tort Claims Act (“TTCA”).
1 Upon removal, the distric... More...
   $0 (01-15-2018 - TX)

United States of America v. Paul Suarez Eastern District of Texas Federal Courthouse - Beaumont, Texas

A jury convicted Paul Suarez for his involvement in a drug trafficking
conspiracy and for firearms offenses. Suarez appeals contending that the
convictions were not supported by sufficient evidence. He also asserts that the
district court erred in imposing a 120-month (ten year) mandatory minimum
prison sentence for possession of a sawed-off shotgun in furtherance of a drug
tra... More...
   $0 (01-15-2018 - TX)

STATE OF OHIO vs. ERIC M. MCNEIR

On November 20, 2015, the Cuyahoga County Grand Jury indicted McNeir
with two counts of aggravated murder; one count of murder; one count of attempted
murder with a notice of prior conviction and a repeat violent offender specification; two
counts of aggravated robbery with a notice of prior conviction and a repeat violent
offender specification; seven counts of felonious ass... More...
   $0 (01-13-2018 - OH)

State of Minnesota vs. Daryl Negel Curtis Man convicted in St. Paul O'Reilly parking lot murder

At around 8 p.m. on June 12, 2016, McDaniel was shot and killed in the parking lot
of an auto parts store in Saint Paul. Immediately before McDaniel was shot, he was
standing next to his cousin, Z.M., and looking under the hood of a car. At trial, Z.M.
testified that she did not see the shooter’s face, but did see a light-skinned black man
wearing a red shirt running away fro... More...
   $0 (01-13-2018 - IA)

State of Louisiana v. Navarius Simon

On June 8, 2016, Donna Richardson, Simon’s parole officer, paid a
visit to Simon’s home, located at 400 Topeka Street in Mansfield, Louisiana.
Richardson testified that when she pulled up to the home, Simon, who was
outside washing his carport, noticed her and began walking into the house.
Richardson asked him to stop, but when he continued, she followed him into
the hom... More...
   $0 (01-12-2018 - TX)

UNITED STATES OF AMERICA - v. - JASON SMATHERS United States Court of Appeals for the Second Circuit

The record of Smathers's prosecution, United States v. Smathers, S.D.N.Y. No.2
04CR1273, shows the following. In 2005, Smathers, represented by counsel, pleaded guilty to3
conspiring from about April 2003 through about April 2004, in violation of 18 U.S.C. § 371, to affect4
interstate commerce by relaying and retransmitting deceptive emails in violation of the CAN-SPAM5
Act, 18 U.... More...
   $0 (01-10-2018 - )

COMMONWEALTH vs. CRISOSTOMO LOPES et al Jury reaches verdict in killing of 14-year-old Dorchester boy

We summarize the facts that the jury could
have found, reserving certain details for discussion of the
legal issues.
The victim was fourteen years old and lived on Norton
Street in the Dorchester section of Boston. On May 30, 2010,
1 At the time of oral argument, the codefendant had not yet filed his brief with this court... More...
   $0 (01-10-2018 - MA)

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

United States of America v. Zachary Wilson District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Albuquerque, NM - Jicarilla Apache Man Pleads Guilty to Sexual Abuse Charges

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

Zachary Wilson, 27, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to sexual abuse charges. ... More...
   $0 (01-09-2018 - NM)

Julianne M. Gross vs. Jackson County, Missouri Jackson County, Missouri

Wife and Husband were married on May 19, 2006, and three children were born of the
marriage. On February 6, 2015, Wife filed a petition for dissolution. On Wife’s motion, the
court appointed GAL Abraham Kuhl to represent the minor children during the proceedings.
The court ordered that both Wife and Husband contribute $1,000 each as security to be applied
to GAL Kuhl’s fees ... More...
   $0 (01-09-2018 - MO)

UNITED STATES OF AMERICA, EX REL. LAURENCE SCHNEIDER, ET AL. AND LAURENCE SCHNEIDER v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, ET AL. U.S. Court of Appeals - D.C. Circuit

Appellant Laurence Schneider – also called a Relator – brought a qui tam suit under the False Claims Act against JPMorgan Chase, alleging that Chase falsely claimed compliance with a Settlement it, and a number of other large banks, reached with the United States and state governments. The Settlement – and it is a massive one, costing Chase alone $1.1 billion of cash and over $4.2 billion of in-k... More...   $0 (01-09-2018 - DC)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

Jon Gregory Sanchez v. Robert Elizondo

Defendant-Appellant Robert Elizondo appeals the
district court’s order vacating his arbitration award and
remanding for further proceedings. Elizondo was awarded
$75,000 in damages (the Award) in the parties’ arbitration,
which Elizondo initiated to recoup losses he suffered as a
result of Plaintiff-Appellee Gregory Sanchez’s
mismanagement of his investment portfolio. Elizo... More...
   $0 (01-09-2018 - NV)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

TEAM WASTE GULF COAST, LLC. v. THE UNITED STATES and MARK DUNNING INDUSTRIES, INC.

The procurement that underlies this protest is for solid waste collection services at a Department of the Navy facility in Gulfport, Mississippi. ECF No. 13-3 at 138. Team Waste Gulf Coast, LLC (Team Waste GC) is the incumbent contractor for these services, and continues to perform these services under a bridge contract due to expire on December 31, 2017. ECF No. 5 at 19; ECF No. 24 at 19. The... More...   $0 (01-08-2018 - DC)

SIGMATECH, INC. v. THE UNITED STATES

Since 2007, the United States Army Security Assistance Command (the “USASAC”) has procured Security Assistance (SA)/Foreign Military Sales (FMS) programmatic support services (“FMS”), pursuant to task orders issued under Blanket Purchase Agreement (“BPA”) W31P4Q05-A-0026. AR 835, 1000, 1002. Sigmatech, Inc. (“Sigmatech”) is the incumbent contractor for FMS services. AR 1000, 1560.

... More...
   $0 (01-08-2018 - DC)

State of Tennessee v. Jerica Elizabeth Taylor COURT OF CRIMINAL APPEALS OF TENNESSEE

This case relates to the December14, 2014 robbery of William Majano. At the trial, the victim, a native of El Salvador, testified with the aid of a certified court interpreter that he had lived in Davidson County for eleven or twelve years. The victim said that he had known the Defendantas Jessica and for about three months at the time of the robbery. He said that they met in September 2014, wh... More...   $0 (01-08-2018 - TN)

United States of America v. Kermit J. Schofield Western District of Missouri Federal Courthouse - Springfield, Missouri

Springfield, MO - Theodosia Husband, Wife Plead Guilty to Illegally Trafficking in Ginseng

A Theodosia, Mo., couple pleaded guilty in federal court on December 29, 2017 to illegally trafficking in wild American ginseng.

Kermit J. Schofield, 76, and his wife, Sandy Schofield, 73, both of Theodosia, each waived their right to a grand jury and pleaded guilty before U.S. Magistrate J... More...
   $0 (01-08-2018 - MO)

Ashley Gerstner v. Nancy A. Berryhill Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Ashley Gerstner challenges the
denial of her application for disability insurance benefits and
supplemental security income. An administrative law judge
found that she was severely impaired by anxiety, bipolar
disorder, panic disorder, depression, and fibromyalgia, and
that these impairments were not disabling. Gerstner contends
that the ALJ erred in assigning too little we... More...
   $0 (01-08-2018 - WI)

Dwight D. Stirling v. Governor Edmund G. Brown, Jr.

The California Military Whistleblower Protection Act, Military and
Veterans Code section 56 (Section 56), affords certain rights and protections to service
members of the California National Guard who face actual or threatened adverse
personnel actions in retaliation for reporting waste, fraud, abuse of authority, violation of
law, or threats to the public health and safety. A serv... More...
   $0 (01-07-2018 - CA)

The People v. Financial Casualty and Surety, Inc.

A surety posted a $50,000 bail bond for a misdemeanor defendant.
Throughout the case, defendant’s attorney appeared on his behalf: “In all cases in which
the accused is charged with a misdemeanor only, he or she may appear by counsel
only . . . .” (Pen. Code, § 977, subd. (a)(1).)1 The trial court granted defendant
probation, continued several probation violation hearings, and even... More...
   $0 (01-07-2018 - CA)

STATE OF KANSAS v. JAMES KINDER State Supreme Court Judicial Center Topeka Kansas

The facts material to our analysis are straightforward. In Kinder's petition for our review of the Court of Appeals' decision under K.S.A. 20-3018(b), he agrees with the panel's recitation as follows:

"On July 29, 2013, the State charged Kinder with one count of mistreatment of a dependent adult, a severity level 8 person felony. According to the complaint, Kinder had been acting as a c... More...
   $0 (01-06-2018 - KS)

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