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New Trial Law
 
STATE OF OHIO v. CHRISTOPHER J. MCINTOSH

In Scioto C.P. Case No. 16CR411, the Scioto County Grand Jury returned
an indictment charging Christopher McIntosh with two counts of aggravated trafficking in
drugs, one count of trafficking in drugs, two counts of aggravated possession of drugs,
one count of possession of drugs, one count of having weapons while under disability,
and one count of receiving stolen property, wi... More...
   $0 (01-18-2018 - OH)

United States of America v. Jesse J. Waln District of South Dakota Federal Courthouse - Pierre, South Dakota

Pierre, SD - Mission Man Convicted of Possession of Stolen Firearms

Jesse J. Waln, age 32, of Mission, South Dakota, was found guilty on January 10, 2018 of two counts of Possession of Stolen Firearms as a result of a federal jury trial in Pierre, South Dakota.

The charges each carry a maximum penalty of up to 10 years in custody and/or a $250,000 fine, 3 years of supervised rel... More...
   $0 (01-18-2018 - SD)

United States of America v. Antonio Avila Medrano District of North Dakota Federal Courthouse - Bismarck, North Dakota

Bismarck, ND - California Man Sentenced on Drug Charges Following Jury Trial Verdict

ANTONIO AVILA MEDRANO, age 41, of Los Angeles, California, was sentenced by Chief Judge Daniel L. Hovland on January 5, 2018 to serve 25 years in federal prison, to be followed by 10 years of Supervised Release, after being found guilty by a trial jury in July of 2017 on charges of Conspiracy to Distribut... More...
   $0 (01-18-2018 - ND)

United States of America v. John Kelsey Gammell District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Minneapolis, MN - New Mexico Man Pleads Guilty To Directing Computer Attacks Against Websites Of Dozens Of Victims, As Well As Felon-In-Possession Charges

A New Mexico man pleaded guilty today in St. Paul, Minnesota, for directing computer attacks against the websites of his prior employers, business competitors and public services, as well as felon-in-possession charges.

U.S. A... More...
   $0 (01-18-2018 - MN)

State of Florida v. James Krey Broward County Courthouse - Fort Lauderdale, Florida

Fort Lauderdale, FL - Jury Convicts Cop On Extortion Charge

The States of Florida charged James Krey, age 30, with extortion for threatening to send nude photos of his former girlfriend to his girlfriend to their colleagues on a Florida police force.

Charges:

Z03/10/2015 1 (F2) Extortion / Threats
Date Filed: 11/16/2015
Current Statute: (CF2)836.05
Filing Typ... 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. $579,475 in U.S. Currency and LNG Express, Inc. Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

LNG Express, Inc. (LNG) appeals the district court’s1 order striking its verified
claim in this civil forfeiture proceeding. We conclude that LNG’s verified claim is
materially indistinguishable from the claim a panel of our court found inadequate in
United States v. $154,853.00 in U.S. Currency, 744 F.3d 559 (8th Cir. 2014). We
therefore affirm.
In September 2014, an Arkansas ... More...
   $0 (01-18-2018 - AR)

Samuel Duran v. U.S. Bank National Association

In our second encounter with this class action case, plaintiffs Samuel Duran and
Matt Fitzsimmons appeal from the trial court’s order denying class certification. This
case is a wage and hour class action challenging whether defendant U.S. Bank National
Association (Bank) had properly classified its business banking officers (BBOs) as
exempt employees under the outside salesperson ... More...
   $0 (01-18-2018 - CA)

STATE OF OHIO vs JACQUES GOERGES K.

The record reveals that Appellant, Jacques Goerges K. Daboni,
was indicted on September 23, 2014, in case number 14CR173 in the Meigs
County Court of Common Pleas on multiple felonies, which included three
Meigs App. Nos. 16CA5, 16CA6 and 16CA7 3
counts of trafficking in heroin, one count of possession of heroin, and one
count of engaging in a pattern of corrupt activity. ... More...
   $0 (01-17-2018 - OH)

State of Minnesota vs. Matthew Vaughn Diamond STATE OF MINNESOTA IN SUPREME COURT

A homeowner in Chaska returned home to find that someone had kicked open her
attached garage’s side-entry door, entered her home, and taken jewelry, electronics, and a
safe. When police officers arrived to investigate the burglary, they discovered two key
pieces of evidence: shoe tread prints on the side-entry door, and, on the driveway, an
envelope with the name “S.W.” writt... More...
   $0 (01-17-2018 - MN)

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)

Terry T. Watson v. State of Missouri

Mr. Watson was convicted of first-degree robbery, resisting arrest, and
second-degree trafficking. He was sentenced to concurrent terms of imprisonment, the
longest of which was 18 years. The convictions and sentences were affirmed on appeal,
and on February 11, 2013, Mr. Watson filed a timely pro se motion for postconviction relief
under Rule 29.15. The motion alleged Mr. Wa... More...
   $0 (01-17-2018 - MO)

Jason Ray Pickett v. The State of Texas Man Arrested in Connection With Brazen Bistro Robbery By Frank Heinz

On the evening of May 29, 2013, Amara Chan and Cathy Swartz were having dinner at
Tang’s Pacific Bistro in Fort Worth, Texas. Jeff Tang, the Bistro’s manager, was also having
dinner at the bar. Sometime between 9:00 and 9:30 p.m., Tang saw a pickup truck drive up and
park near the side of the Bistro. A man in sunglasses, who Tang identified in court as Appellant,
entered the... More...
   $0 (01-17-2018 - TX)

James Dee Brewer, Jr. v. The State of Texas

Garland Police Officer Aaron Radney arrived at a Super 8 Motel looking for an unnamed
female on a matter unrelated to this case. After inquiring about the woman’s whereabouts, the
motel’s manager directed him to room 318 where he encountered Appellant James Brewer, who
answered the door. Officer Radney noticed that Appellant was holding a methamphetamine pipe
in his hand and ... More...
   $0 (01-17-2018 - TX)

Brian Trent Rosenbaum v. The State of Texas Brian Trent Rosenbaum

Brian Trent Rosenbaum (appellant) appeals his conviction under § 25.07 of the
Texas Penal Code for violating a protective order and the accompanying twenty-five-year
prison term. One issue lies before us for disposition. It involves the sufficiency of the
evidence establishing that he previously violated two protective orders issued under
Chapter 85 of the Texas Family Code.... More...
   $0 (01-17-2018 - TX)

Brandon Brown v. The State of Texas Court of Appeals Sixth Appellate District of Texas at Texarkana

Brandon Brown was convicted of murdering Christopher Guilbeau and was sentenced to
fifty years’ imprisonment. On appeal, Brown argues that (1) the trial court erred in failing to grant
his motion to suppress, (2) the evidence is legally insufficient to support the trial court’s finding
of guilt, and (3) the evidence is insufficient to support the assessment of $234.00 in court cost... More...
   $0 (01-17-2018 - TX)

Raynaldo Rivera Ortiz Texas Fifth Court of Appeals, Dallas Texas

In his first issue, appellant contends the evidence is legally insufficient to prove he
committed cruelty to a nonlivestock animal. The information alleged appellant “intentionally,
knowingly, and recklessly caused bodily injury to an animal, to-wit: a dog by shooting the dog
with a pellet gun, without the effective consent of Roxanne Bogdan, the owner.” See TEX. PENAL
CODE A... More...
   $0 (01-17-2018 - TX)

Adrian Cardona Velasquez v. The State of Texas 5th Court of Appeals - Dallas, Texas

On August 4, 2014, L.P. and her two daughters, ten-year old E.P. and one-year old S.P.,
were walking to a supermarket in Dallas, Texas, when a small, red, four-door vehicle pulled up
next to them “very, very slowly, almost to a stopping point.” The driver was the only passenger
in the vehicle. E.P. was walking beside her mother, who was pushing S.P. in a stroller. E.P.
testi... More...
   $0 (01-17-2018 - TX)

United states of America v. John Buncich Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond

Hammond, IN - Former Lake County Sheriff Sentenced To More Than 15 Years In Prison

John Buncich, age 72, of Crown Point, Indiana was sentenced on January 16, 2018 before District Court Senior Judge James T. Moody. Buncich was sentenced to 188 months imprisonment, 2 years of supervised release and ordered to pay $800 in restitution along with a $250,000 fine.

In August of 2017, ... More...
   $0 (01-17-2018 - IN)

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)

William Bustos v. Global P.E.T., Inc.

Plaintiff and appellant William Bustos brought this disability discrimination action
against his former employers, defendants and respondents Global P.E.T., Inc. and Global
Plastics, Inc. (collectively, Global). A jury found that Bustos’s physical condition or
perceived physical condition was “a substantial motivating reason” for his termination,
but nevertheless returned defense ... More...
   $0 (01-17-2018 - CA)

Ayesha Khan v. Midwestern University Northern District of Illinois Courthouse - Chicago, Illinois

Ayesha Khan struggled academically in medical school from the outset. She failed three of her courses in her first year of medical school at The Chicago College of Osteopathic Medicine at Midwestern University. Ordinarily, under the school policy, this would permit the school administrators to dismiss her from the program. They opted not to do so. Instead, they gave Khan a second oppor-
2 No. ... More...
   $0 (01-16-2018 - IL)

Ruben Sanchez v. City of Chicago, et al. Northern District of Illinois Courthouse - Chicago, Illinois

Ruben Sanchez appeals the denial
of his motion for a new trial in his § 1983 action against Officer
Louis Garcia of the Chicago Police Department. Sanchez alleges
that the trial court made multiple evidentiary errors,
gave an improper jury instruction, and wrongfully accepted
a partial verdict. Because we conclude that a new trial is not
required, we affirm.
2 No. 16-35... More...
   $0 (01-16-2018 - IL)

Sergio Gonzalez v. The State of Texas

In his first issue, appellants contends he was not properly admonished concerning the range
of punishment he would face if he pleaded guilty. Before the plea hearing, appellant received
written admonishments, which recited that he was charged with a first degree felony with a
punishment range of “5-99 years or Life and an optional fine not to exceed $10,000.00.” At the
hearing,... More...
   $0 (01-16-2018 - TX)

Andrew James Rackley v. The State of Texas

Andrew James Rackley was charged with the offense of possession of more than one
gram but less than four grams of methamphetamine. See Tex. Health and Safety Code §§ 481.102(6)
(listing methamphetamine as substance included in “Penalty Group 1”), .115(a), (c) (providing that
person commits offense if he “knowingly or intentionally possesses a controlled substance listed in
Penalty... More...
   $0 (01-16-2018 - TX)

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