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Necessity Law
 
State of Missouri v. Jeffrey L. Bruner

Considering the evidence in the light most favorable to submission of a self-defense
instruction, the record shows Mr. Bruner and his wife, Michelle Hale, were estranged.
Mr. Bruner testified that to his knowledge she was not seeing anyone else, though he was
aware she had met a college football coach for a lunch date. He later learned the coach
was Derek Moore.
Mr. Bru... More...
   $0 (01-17-2018 - MO)

United States of America v. Diana J. Gumila Northern District of Illinois Courthouse - Chicago, Illinois

Diana Gumila ran a home-healthcare company that defrauded the federal government of several million dollars. She was convicted of multiple counts of healthcare fraud and making false statements in connection
∗ Circuit Judge Posner retired on September 2, 2017, and did not partici-pate in the decision of this case, which is being resolved by a quorum of the panel under 28 U.S.C. § 46(d).<... More...
   $0 (01-17-2018 - IL)

STATE OF KANSAS v. JOSHUA MICHAEL MALL

On October 5, 2015, Mall made the fatal decision to drink alcohol and drive his truck. Unfortunately, Mall included his 6-year-old daughter, Madilyn, in that decision. After drinking nearly half of a bottle of whiskey and smoking some marijuana, Mall put Madilyn into his 2001 Ford Ranger and decided to drive. Mall sped down Tuttle Creek Boulevard in Manhattan, Kansas, weaving in and out of traffic... More...   $0 (01-16-2018 - KS)

Melisa Richmond v. Rubab Huq, et al. Eastern District of Michigan Countroom - Ann Arbor, Michigan

Plaintiff Melisa Richmond was
incarcerated in the Wayne County Jail from December 26, 2012 through February 13, 2013.

While in the custody of the Jail, Richmond received treatment for a self-inflicted burn wound on
her chest as well as for psychological needs. Richmond contends that she received
constitutionally inadequate treatment for her burn wound, which necessitated skin ... More...
   $0 (01-16-2018 - MI)

Heron Bay Homeowners Association v. City of San Leandro, Halus Power Systems, Real Party in Interest

Real parties in interest Halus Power Systems and Louis A. Rigaud individually
and dba Halus Power Systems (collectively, Halus Power), appeal from the trial court’s
post-judgment order granting in part plaintiff Heron Bay Homeowners Association’s
(Heron Bay HOA’s) motion for attorneys’ fees pursuant to Code of Civil Procedure1
section 1021.5. Defendant City of San Leandro (San Lean... More...
   $0 (01-15-2018 - CA)

Don Karms and Robert Parker v. Kathleen Shanahan, Sandra McKeon Crow and New Jersey Transit District of New Jersey Federal Courthouses

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...   $0 (01-14-2018 - NJ)

COMMONWEALTH vs. EDWARD CURRAN Massachusetts Appeals Court

General Laws c. 123A, § 15, allows incompetent
persons who are unable to stand trial for qualifying sex
offenses to be deemed sexually dangerous based on the commission
of those offenses. In 2008, we held that this proceeding did
not violate due process or equal protection because of the
rights the Legislature explicitly included in the statute to
"protect an incompe... More...
   $0 (01-13-2018 - MA)

STATE OF IOWA vs. KRISTINA LEIGHANN HELLBERG

On December 28, 2016, Hellberg took her mother’s Ford F150 truck without
her mother’s permission. The mother reported the missing truck to the Decatur
County Sheriff’s Office. Officers recovered the truck from Hellberg several days
later. The State charged Hellberg with first-degree theft, a class “C” felony, in
violation of Iowa Code sections 714.1(2) and 714.2(1) (2016). <... More...
   $0 (01-12-2018 - IA)

ABM Industries Overtime Cases

Respondent ABM Industries, Inc. (collectively with related respondents, ABM) is
a large facility services company with employees throughout the United States, including
thousands of janitorial workers at hundreds of job sites in California. Appellants
(referred to herein as plaintiffs) are present or former ABM janitorial employees. On
behalf of themselves and similarly situated Ca... More...
   $0 (01-10-2018 - CA)

Anderson Living Trust v. Energen Resources Corporation District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Fossil fuels are the decomposed remains of pre-historic flora (coal) and fauna (oil
and gas). They have driven the world’s economy (particularly that of the United States)
for over a century. Discovering marketable deposits, extracting them from the ground,
refining them, and delivering them to consumers in useful form is big business, on one
hand fraught with risk and on the other... More...
   $0 (01-10-2018 - NM)

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)

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)

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. Adam John Burke, Abdirahin Khalif Ibrahim and Dana Enoch Kidd District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Minneapolis, MN - Federal Jury Finds Edina Chiropractor And His Patient Recruiters Guilty Of Insurance Fraud Conspiracy

ADAM JOHN BURKE, 33, ABDIRAHIN KHALIF IBRAHIM, 26, and DANA ENOCH KIDD, 36, were found guilty for their roles in a multi-million dollar insurance fraud conspiracy. BURKE, IBRAHIM, and KIDD were initially indicted on December 20, 2016, and following a two-week trial befor... More...
   $0 (01-08-2018 - MN)

Kathleen D. McBride, as Trustee, etc. v. Byron C. Smith

Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for
violating McBride’s rights with respect to a recorded easement over the Smiths’ property.
After sustaining demurrers to several versions of McBride’s complaint, the last without
leave to amend, the trial court entered judgment in favor of the Smiths. On appeal, we
conclude that McBride stated causes of action f... More...
   $0 (01-04-2018 - CA)

UNITED STATES OF AMERICA v. TERRY MICHAEL BOWMAN UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

On June 19, 2014, a federal grand jury in Maryland returned a 23 count indictment
against Appellant and nine co-defendants. Appellant was charged in four counts:
conspiracy to commit bank fraud (Count 1), bank fraud (Count 14), aggravated identity
theft (Count 15), and conspiracy to defraud the government (Count 23). The Government
subsequently dismissed Count 23.
At ... More...
   $0 (12-30-2017 - MD)

DONALD DEAN FOLTZ, JR. v. THE STATE OF WYOMING Foltz found guilty

In the fall of 2014, Mr. Foltz moved into the home of his girlfriend, Amanda Russell, and her two children. On December 22, 2014, Ms. Russell took her two-year-old son, BB, to a pediatrician, Dr. Fall, with concerns that BB had been vomiting, complaining of leg pain, and that he was bruising easily. After an examination and receiving the results of blood work, Dr. Fall concluded that BB’s injur... More...   $0 (12-30-2017 - WY)

STATE OF KANSAS v. JEREMY MICHAEL SPAUR

On January 28, 2015, Kerry Free drove his 2002 Dodge Ram to work in Manhattan, parked it, and left to go to a construction site. When he returned that night, his truck was gone. The next day, Free saw his truck parked in the Quality Inn parking lot. His tools, stereo system, and two firearms were missing. Free estimated the value of his truck to be over $1,000. He estimated the combined value of t... More...   $0 (12-29-2017 - KS)

STATE OF KANSAS v. JEREMY MICHAEL SPAUR

On January 28, 2015, Kerry Free drove his 2002 Dodge Ram to work in Manhattan, parked it, and left to go to a construction site. When he returned that night, his truck was gone. The next day, Free saw his truck parked in the Quality Inn parking lot. His tools, stereo system, and two firearms were missing. Free estimated the value of his truck to be over $1,000. He estimated the combined value of t... More...   $0 (12-29-2017 - KS)

Rodrigo Eugenio Reyes v. The State of Texas Jury finds man guilty of capital murder for 2015 death of 28-year-old man

Appellant was charged by indictment with capital murder for intentionally causing the death of Ernesto Avitia by shooting Avitia with a firearm “in the course of committing or attempting to commit the offense of burglary of a habitation[.]” See id. § 19.03. Amy Blanco, appellant’s girlfriend, testified that she travelled to Pharr, Texas from her home in Houston to spend the weekend with appellant... More...   $0 (12-29-2017 - TX)

Christopher Dale Jones v. The State of Texas Court of Appeals Sixth Appellate District of Texas at Texarkana Christopher Dale Jones v. The State of Texas Case # 06-17-00072-CR Christopher Dale Jones v. The State of Texas Case # 06-17-00073-CR

Jones and Katrina had been sharing an apartment for about three months before the night
of the assaults. However, their relationship had soured, and about two weeks before the incident,
Katrina had asked him to move out. Although he argued with her, Jones ultimately agreed he
would move out of the apartment on November 1, 2016. On October 23, 2016, Katrina left the
apartment... More...
   $0 (12-27-2017 - TX)

James David Haynes, Jr. v. The State of Texas Court of Appeals Sixth Appellate District of Texas at Texarkana

James David Haynes, Jr., stands convicted of aggravated sexual assault of a child1 and, for
that, has been sentenced to life in prison. On appeal, Haynes claims error in the trial court’s
limitation on inquiries Haynes would have made of the jury venire during voir dire. We affirm the
trial court’s judgment, because, although (1) Haynes preserved this issue for appeal, (2) Haynes’... More...
   $0 (12-27-2017 - TX)

Octavious Lamar Rhymes v. The State of Texas Man convicted in Titus County kidnapping, murder case

After their original plan to plant illicit drugs in Ernest Lee Ibarra, Jr.’s, truck was
abandoned, Johnathan Sanford, Jose Ponse, and Octavious Lamar Rhymes quickly devised another
plan: they would kidnap and murder Ibarra instead. Within hours, they kidnapped Ibarra from his
Titus County home and transported him to some isolated woods in Camp County where he was
shot to deat... More...
   $0 (12-27-2017 - TX)

Deondre Javqueen Jenkins v. The State of Texas Man accused of forcing teen into prostitution

After a jury trial, Jenkins was found guilty and sentenced to twenty-five years of
imprisonment. On appeal, he argues the trial court did not have jurisdiction over his case because
the charging instrument was fatally defective. According to Jenkins, the charging instrument failed
to conform to the Texas Constitution’s definition of an indictment because it did not name “a
pers... More...
   $0 (12-26-2017 - TX)

STATE OF LOUISIANA Vs. ELTON WILLIAMS State of Louisiana Court of Appeal, Fourth Circuit

David Mejia, Nelson Mejia, and the decedent1 were repairing an automobile
when Elton Williams approached asking for a cigarette. Mr. Williams then
allegedly brandished a gun and demanded their money. A struggle ensued, and the
decedent was shot and killed. David and Nelson detained Mr. Williams until
police arrived.
Mr. Williams was charged with two counts of armed robbe... More...
   $0 (12-26-2017 - LA)

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