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Necessity Law
 
Gary Clark v. Robert Colbert

This case involves an encounter between law enforcement and a
schizophrenic individual suffering a psychotic episode. Officers from the
Wagoner County Sheriff’s Department responded to a call from Gary Clark’s
brother, who was having troubling restraining him. The Sheriff’s Department, in
turn, requested help from the neighboring Broken Arrow Police Department. The
Broken Arrow... More...
   $0 (07-19-2018 - OK)

WALTER REED vs. STATE OF IOWA and STATE OF IOWA DEPARTMENT OF TRANSPORTATION

A federal statute known as Title VI states, “No person in the United States
shall, on the ground of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.” See 42 U.S.C. § 2000d (2015). A
federal report cited the Department of Transpo... More...
   $0 (07-19-2018 - IA)

DON WYNGARDEN vs. STATE OF IOWA JUDICIAL BRANCH, JOHN WAUTERS, and BRUCE BUTTEL COURT OF APPEALS OF IOWA

Wyngarden, who was born in 1951, was employed as a juvenile court officer
(JCO) by the Iowa Judicial Branch.1 His immediate supervisor was Bruce Buttel
and Buttel’s supervisor was John Wauters. Wyngarden received an oral reprimand
in November 2007, which was not placed in his file. On October 9, 2008,
Wyngarden received a written reprimand based on Wauters’s determination More...
   $0 (07-19-2018 - IA)

Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds, ex rel State of Iowa and Iowa Board of Medicine SUPREME COURT OF IOWA

In this appeal, we must decide if the constitutional right of women to choose to terminate a pregnancy is unreasonably restricted by a statute that prohibits the exercise of the right for a period of seventy-two hours after going to a doctor. In making this decision, we recognize the continuing debate in society over abortion and acknowledge the right of government to reasonably regulate the const... More...   $0 (07-15-2018 - IA)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

Tom Donovan Nicolos v. North Slope Borough North Slope Borough of Alaska

The North Slope Borough discharged employee Tom Donovan Nicolos after he made statements that Borough employees interpreted as threats. Nicolos appeals from the superior court’s order approving the Borough Personnel Board’s decision affirming his discharge. He claims that his statements did not constitute threats or other
misconduct under the Borough’s personnel rules and that the Borough fail... More...
   $0 (07-15-2018 - )

Deborah Mclear-Gary v. Emrys Scott Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Deborah McLear-Gary appeals from a judgment declaring her prescriptive and
implied easement extinguished by adverse possession. She contends the trial court erred
in finding that defendants Emrys Scott, Freyja Scott and Sophia Scott (the Scotts)
established an essential element of adverse possession—the “timely” payment of taxes
during the five-year statutory period. (See Code Civ.... More...
   $0 (07-12-2018 - CA)

United States of America, ex rel. Gerald Polukoff v. St. Marks Hospital, et al. District of Utah Federal Courthouse - Salt Lake City, Utah

This is a qui tam action alleging violations of the False Claims Act (“FCA”), 31
U.S.C. §§ 3729–33, involving fraudulent reimbursements under the Medicare Act, 42
U.S.C. §§ 1395–1395ccc. Plaintiff Gerald Polukoff, M.D., is a doctor who worked with
Defendant Sherman Sorensen, M.D. After observing some of Dr. Sorensen’s medical
3
practices, Dr. Polukoff brought this FCA action, o... More...
   $0 (07-10-2018 - UT)

Barry S. Jameson v. Taddese Desta

Under California’s in forma pauperis doctrine and Government Code
section 68086, subdivision (b),1 a person who because of limited financial
resources qualifies for a waiver of initial court filing fees is entitled, as well, to a
waiver of fees for the attendance of an official court reporter at a hearing or trial.
In this case, however, although plaintiff Barry Jameson (hereafter ... More...
   $0 (07-06-2018 - CA)

STATE OF NEW JERSEY v. HOWARD L. DUNNS, a/k/a HOWARD LAMONT DUNNS, CLARENCE DUNNS, MICHAEL HOARN, ROBERT JONESY, LAMONT NEWPORT and ROBERT JONES

Defendant and his codefendant Fred D. Mosley were charged in an indictment with thirty-four offenses arising out of eight residential burglaries and a robbery and kidnapping occurring in Atlantic County between November 20, 2012, and February 1, 2013. The thirty-fifth count of the indictment charged co-defendant Nicole Cumens with third-degree conspiracy to commit burglary and theft, N.J.S.... More...   $0 (07-05-2018 - NJ)

State of Tennessee v. Lee Harold Cromwell

After a fireworks show on July 4, 2015, in Oak Ridge, Tennessee, the defendant reversed his truck through a crowded parking lot, killing one victim and injuring eight others. An Anderson County Grand Jury indicted the defendant for seventeen crimes, including one count each of vehicular homicide, criminally negligent homicide, reckless homicide, reckless endangerment with a deadly weapon, and dri... More...   $0 (07-05-2018 - TN)

STATE OF IOWA vs. BION BLAKE INGRAM SUPREME COURT OF IOWA

At about 6:39 a.m. on October 30, 2015, a police officer pulled over Bion Ingram, who was driving on Highway 14 in Newton, Iowa. The officer had noticed the vehicle’s license plate was not illuminated as required. After speaking with Ingram, the officer also noticed the
3
vehicle’s registration sticker did not match its license plate—the vehicle’s actual registration had expired in 2... More...
   $0 (07-03-2018 - IA)

STATE OF MISSOURI v. ASHLEY NICOLE ZUIDEMA

Ashley Zuidema appeals from the judgment of the Circuit Court of Nodaway County, Missouri (“trial court”), convicting her of one count of second-degree burglary.

During a rural drive she chose to make on a cold winter night, having had frequent car trouble and no valid driver’s license, Zuidema became stranded, but managed to get her car parked at a home whose residents were not present... More...
   $0 (07-03-2018 - MO)

Jose Rodriguez v. The State of Texas

Appellant, Jose Rodriguez, was convicted following a jury trial of assault for
causing bodily injury to Delia Salazar, a person with whom he had a dating relationship
or who was a member of his household.1 During the punishment phase of his trial,
Appellant plead “true” to two prior felony convictions and he was sentenced by the trial
court to confinement for seventy-five year... More...
   $0 (07-03-2018 - TX)

Carlo Llorca v. Sheriff, Lee County, Florida Middle District of Florida Federal Courthouse - Tampa, Florida

Plaintiffs-Appellants, former sheriff deputies in Collier and Lee County, Florida, sued the Collier and Lee County sheriffs pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., and the Florida Minimum Wage Act (“FMWA”), Fla. Stat. § 448.110. The deputies claim that the sheriffs violated the overtime provisions in the FLSA and the minimum wage provisions in the FMWA by failin... More...   $0 (07-02-2018 - FL)

Flor Andrea Rodriguez Asalde, et al. v. First Class Parking Systems, LLC, a/k/a 1st Class Valet Services, et al. ALMExperts 212-457-7944

Flor Andrea Rodriguez Asalde worked as a valet for First Class Parking Systems LLC. She and others who also worked as valets brought claims in a putative collective action under the minimum-wage and overtime provisions of the Fair Labor Standards Act against FCPS and related parties (whom we refer to collectively as FCPS). The district court granted summary judgment in favor of FCPS, but did so ba... More...   $0 (07-02-2018 - FL)

Araceli Nava a/k/a Araceli Marrufo-Nava v. The State of Texas

On August 29, 2009, around 10:00 a.m., Appellant was on her way home, hit and killed a
bicyclist, Gustavo Vega. Appellant called 911and told the dispatcher she had struck someone
with her vehicle. Appellant explained that she had gotten lost and was looking at her cell phone
when she ran over Vega. In the recorded 911 call, Appellant stated, “I was drinking earlier, and
righ... More...
   $0 (06-30-2018 - TX)

HE STATE OF OKLAHOMA v. BILL W. DURFEY and JOHN BURKS, Bondsman SUPREME COURT OF THE STATE OF OKLAHOMA

The appellant, John Burks, (Burks/bondsman) is a bondsman who posted one hundred thousand dollar ($100,000) bail for the defendant, Billy Durfey, in a criminal case in Garvin County District Court.2 Durfey did not appear in court and the court forfeited the bond. On December 15, 2014, the same day that Durfey failed to appear, the bondsman made a written request to the Garvin County Sheriff's offi... More...   $0 (06-28-2018 - OK)

STATE OF KANSAS v. JESSENIA JIMENEZ SUPREME COURT OF THE STATE OF KANSAS

When a police officer stops a vehicle for a traffic infraction, a seizure occurs under the Fourth Amendment to the United States Constitution while the officer addresses the reason for the stop. Whren v. United States, 517 U.S. 806, 809-10, 116 S. Ct. 1769, 135 L. Ed. 2d 89 (1996); City of Atwood v. Pianalto, 301 Kan. 1008, 1011, 350 P.3d 1048 (2015). Usually such encounters begin when the vehicl... More...   $0 (06-28-2018 - KS)

State of Nebraska v. Antonio Leon-Simaj, also known as Antonio Leon-Batz

Antonio Leon-Simaj, also known as Antonio Leon-Batz, was charged with one count of first degree sexual assault and two counts of possession of child pornography stemming from his relationship with E.Z. E.Z. was 14 years old at the time of trial and 13 years old at the time of the events in question.

.Z.’s Testimony
There are no pretrial motions in the record. Trial began with the test... More...
   $0 (06-28-2018 - NE)

Andres Castillo v. The People of the State of Colorado Colorado Supreme Court

One Saturday night, Castillo visited a nightclub in downtown Denver with his
wife, his cousin, and two friends to celebrate his wife’s birthday. They stayed until the
club closed.
¶7 Closing time in downtown Denver often unleashes a flood of people into the
streets. The Denver Police Department calls the resulting sea of humanity “outcrowds.”
Because fights and other di... More...
   $0 (06-28-2018 - CO)

SUK C. KIM v. JUNG HYUN CHANG THE SECOND DISTRICT COURT OF APPEAL

The evidence taken in the light most favorable to the judgment reflects the following. Born in South Korea, Ms. Chang moved to the United States in 1999. Her sister, Sook Chang, was married to Mr. Kim and lived in Tampa. Mr. Kim and Sook Chang had a grocery store on Hillsborough Avenue. Ms. Chang and her son moved in with Mr. Kim and Sook Chang, and Ms. Chang worked at the store. Mr. Kim and ... More...   $0 (06-27-2018 - FL)

State of Tennessee v. Nehad Sobhi Abdelnabi

This case arises from the kidnapping and assault of the victim, Naser Ferwanah, by the Defendant and co-defendant, Lowi Fathi Akila, on February 1, 2012. On September 18, 2012, the Knox County Grand Jury indicted the Defendant on two counts of especially aggravated kidnapping, two counts of aggravated assault, and one count of aggravated burglary. The Defendant’s case proceeded to trial in Novem... More...   $0 (06-27-2018 - TN)

Trump, President of the United States, et al. v.Hawaii, et al. United States Supreme Court Building - Washington, D.C.

Under the Immigration and Nationality Act, foreignnationals seeking entry into the United States undergo a vetting process to ensure that they satisfy the numerous requirements for admission. The Act also vests the President with authority to restrict the entry of aliens whenever he finds that their entry “would be detrimental to the interests of the United States.” 8 U. S. C. §1182(f). Relying on... More...   $0 (06-26-2018 - DC)

United States of America v. Jamal Cooper Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

The defendant appeals the denial of his motions to suppress evidence obtained from government wiretaps, claiming that the wiretaps were not properly authorized. He claims that the affidavit for the wiretap application did not demonstrate the necessity of the wiretap and that it materially misrepresented some facts and omitted others, necessitating a Franks hearing. He also claims that the governme... More...   $0 (06-26-2018 - TN)

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