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Post Conviction Relief Law
 
Alberto J Celarie v. The State of Texas Texas Fourteenth District Court of Appeals

Appellant filed a notice of appeal on August 21, 2017 appealing trial court cause numbers 1503899 and 1504399.1 Appellant’s notice of appeal indicated trial court cause number 1503899 involved a conviction for felon in possession of a firearm. A review of the record before this court indicates that trial court cause number 1503899 involved a charge of possession of a controlled substance and was d... More...   $0 (01-20-2018 - TX)

James Earl Love v. The State of Texas Waco man gets life in prison for continuous sexual abuse of child

A McLennan County grand jury returned an indictment alleging that Love, during
a period that was thirty days or more in duration—specifically, from on or about January
1, 2010 to September 1, 2013—committed two or more acts of sexual abuse against Z.L.,
Love’s grandson, who was then under the age of fourteen. See id.
Prior to trial, Love filed a “Motion to Declare Continuous S... More...
   $0 (01-20-2018 - TX)

Michael Castilla v. The State of Texas Fourth Court of Appeals San Antonio, Texas

When Castilla had outstanding warrants for his arrest, several San Antonio Police
Department officers executed those warrants and arrested Castilla at his home. A firearm was later
found in the grass outside the house where Castilla was arrested. At the time of his arrest, Castilla
had a prior felony conviction for evading arrest or detention.
Castilla was indicted for “inten... More...
   $0 (01-20-2018 - TX)

Bruce Frank Ruark v. The State of Texas

A denial of habeas corpus relief is reviewed under an abuse of discretion standard.
Ex parte Wheeler, 203 S.W.3d 317, 324 (Tex. Crim. App. 2006); Hernandez-Prado v. State,
No. 03-15-00290-CR, 2016 WL 3144113, at *4 (Tex. App.—Austin May 26, 2016, no pet.) (mem.
op., not designated for publication). A habeas court abuses its discretion, and the appellate court
will reverse the habe... More...
   $0 (01-20-2018 - TX)

Freddie Ray Mulkey v. The State of Texas

Freddie Ray Mulkey filed a notice of appeal stating his intent to appeal a “judgment
of conviction and sentence rendered against him” in trial court cause number CR2014-548.
However, the clerk’s record shows that there is no such judgment of conviction to appeal because
the trial court signed an order on October 6, 2017, granting the State’s motion to dismiss cause
number CR2014-5... More...
   $0 (01-20-2018 - TX)

David Wilbanks v. The State of Texas The Colony resident sentenced to 60 years for child molestation

When she was fourteen years old, Gloria3––who had lived with Wilbanks
from time to time while he financially and emotionally supported her family––told
her best friend’s mother that Wilbanks had repeatedly performed sexual acts with
her, beginning with fondling when she was six years old and continuing until the
time of her outcry. At the urging of her friend’s mother, Gloria ... More...
   $0 (01-20-2018 - TX)

Eli Madison III v. The State of Texas Second Court of Appeals - Texas Courts

Madison was a long-time member of Pilgrim Valley Missionary Baptist
Church. Since 1970, the church was a beneficiary of the Pilgrim Valley Manor
Housing Trust, of which the principal asset was an apartment complex known as
Pilgrim Valley Manor Apartments. Around 2005, the Housing Trust had only one
active member—Velmeta Washington—on its board of trustees. Washington
ne... More...
   $0 (01-20-2018 - TX)

Juan Jose Arellan-Velazquez v. The State of Texas HOUSTON DRUG ATTORNEY: JUAN JOSE ARELLANO-VELAZQUEZ ACCUSED OF USING HOUSTON AS HUB TO DISTRIBUTE DRUGS TO 5 MAJOR US CITIES

One morning, Officer M. Zamora of the Houston Police Department was
surveilling a Honda parked in front of a house in east Houston. The house was the
residence of Juan Arellano-Velasquez, whom Zamora had been investigating for
suspected drug trafficking. Zamora had received a tip from a confidential informant
that the Honda would soon be leaving town with an undetermined amount... More...
   $0 (01-20-2018 - )

JOEL DEVIN ROBINSON V. THE STATE OF TEXAS Texas First District Court of Appeals

At trial, the evidence showed that Robinson and another man committed an
armed robbery at a Whataburger. Surveillance video showed Robinson holding a
backpack while the other man pointed a shotgun at the cashier’s head. Robinson and
the other man fled when an alarm sounded, and Robinson was apprehended shortly
thereafter. The jury found Robinson guilty of aggravated robbery. More...
   $0 (01-20-2018 - TX)

STATE OF KANSAS v. GLENN MANNING

On April 13, 2016, Officer Adam Jackson of the Clay Center Police Department accompanied state Parole Officer Daniel Hrabe to Manning's residence to perform a home check. During the check, Hrabe located a substance suspected to be methamphetamine. Manning then gave Jackson permission to search most of the house, with the exception of one room which belonged to his roommate. The search produced add... More...   $0 (01-20-2018 - KS)

STATE OF KANSAS v. DAVID CANTRELL SR. Rape and aggravated indecent liberties with a child

The relevant facts are straightforward and uncontested. The State charged Cantrell with four counts of off-grid rape and one count of aggravated indecent liberties with a child, a severity level 3 person felony, in 16CR2758. The State also charged Cantrell with
2

one count of off-grid aggravated indecent liberties with a child in 16CR2826. For purposes of this appeal, we do not nee... More...
   $0 (01-20-2018 - KS)

United States of America v. Joshua J. Flaugher District of Kansas Federal Courthouse - Kansas City, Kansas

Kansas City, KS - Kansas City, Kan., Man Sentenced On Project Safe Neighborhoods Firearm Charge

A Kansas City, Kan., man was sentenced on January 16, 2018 to 92 months in federal prison for unlawful possession of a 9 mm handgun that was used in a robbery.

Joshua J. Flaugher, 32, Kansas City, Kan., pleaded guilty to one count of unlawful possession of a firearm by a convicted felo... More...
   $0 (01-20-2018 - KS)

Dennis Obduskey v. Wells Fargo District of Colorado Federal Courthouse - Denver, Colorado

Plaintiff-Appellant Dennis Obduskey appeals from the district court’s order
granting Defendants-Appellees Wells Fargo and McCarthy and Holthus, LLP’s
motions to dismiss numerous claims, including whether either party was liable as a
“debt collector” under the Fair Debt Collection Practices Act, 15 U.S.C. §§
1692–1692p. Obduskey v. Fargo, No. 15-CV-01734-RBJ, 2016 WL 4091174 (D.
... More...
   $0 (01-20-2018 - CO)

Communities For A Better Environment v. State Energy Resources Conservation and Development Commission

The State Energy Resources Conservation and Development Commission (Energy
Commission) is the state agency exclusively empowered to license thermal power plants
of over 50 megawatts capacity. (Pub. Resources Code, §§ 25120, 25500, 25517; see City
of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364–
365 (Sonoma).)1
Indeed, pursuant to section 25... More...
   $0 (01-20-2018 - CA)

STATE OF KANSAS v. CHRISTOPHER M. HARRIS

In February 2015 Gregory Swiger and Catherine Richard were walking to a liquor store when they came upon Christopher Harris. Swiger and Harris got into an argument, and Swiger stated that he was going to "whip [Harris'] butt." Swiger did not follow through on the threat, however, because he did not want to get in any trouble. Swiger testified that as he started to walk away, Harris pulled out a kn... More...   $0 (01-19-2018 - KS)

State of Nebraska v. Teon D. Hill Man convicted of killing 34-year-old Omahan

A December 10, 2013, surveillance video shows Dunn making a purchase at a liquor store at 30th and Pinkney Streets in Omaha at approximately 9:54 p.m. The purchase was placed in a white plastic bag. Surveillance video indicates
that Dunn then walked toward 28th Avenue. At approximately 10 p.m., a gunshot detection system notified the Omaha Police Department of six shots fired in the area. Offi... More...
   $0 (01-19-2018 - NE)

STATE OF MONTANA v. TERRANCE LEE BRAUNER, a/k/a TERRY-LEE SUPREME COURT OF THE STATE OF MONTANA

In April 2011, Erickson and Gene Johnson (Johnson) were involved in an
altercation, which ended when Erickson struck Johnson in the face, causing Johnson to fall
to the pavement and hit his head. Johnson sustained a serious injury that required
significant medical treatment. In February 2013, a jury found Erickson guilty of criminal
endangerment, a felony in violation of § 45-... More...
   $0 (01-19-2018 - )

STATE OF MONTANA v. DENNIS LEO SCHOWENGERDT Deer Lodge man gets life for wife's murder

The initial facts of the case are undisputed: On December 8, 2012, Schowengerdt
killed his wife, Tina Schowengerdt, by repeatedly stabbing her in their home near Deer
Lodge. The following morning, Schowengerdt drove to the police station in Deer Lodge
and, in a recorded statement, told officers that last night he, “killed that son of a bitch [he]
was living with. So arrest me... More...
   $0 (01-19-2018 - WY)

STATE OF NEW MEXICO v. FILEMON V. New Mexico Supreme Court

This case comes to this Court on interlocutory appeal from the Sixth Judicial
3 District Court. Pursuant to Rule 12-201(A)(1)(a) NMRA, the State appeals the district
4 court’s order to suppress two statements, one elicited at the juvenile probation office
5 and the other at the Silver City Police Department.
6 {5} Filemon was on probation for committing a delinquent act and expecte... More...
   $0 (01-19-2018 - NM)

UNITED STATES OF AMERICA v. JEROME WILSON Man arrested minutes after attempting to steal $10K in armed bank robbery, police say

The facts of the case are not in dispute. Wilson pled guilty to three counts of unarmed bank robbery or attempted bank robbery in violation of 18 U.S.C. § 2113(a), and the District Court sentenced him to 151 months’ imprisonment, three years of supervised released, restitution of $3,122, and a special assessment of $300. The sentence was based in part on two enhancements: one for being a career ... More...   $0 (01-19-2018 - PA)

UNITED STATES OF AMERICA v. DAVID E. GORSKI

The charges against Gorski pertain to his role as founder
and vice president of a general contracting and construction
services company, Legion Construction, Inc. Gorski developed the
plan for the company in late 2005. From 2006 to 2010, Legion took
advantage of federal programs in which certain federal agencies
awarded government contracts on a preferential basis to sma... More...
   $0 (01-19-2018 - MA)

STATE OF CONNECTICUT v. VAUGHN OUTLAW Connecticut Judicial Branch

The defendant, Vaughn Outlaw, appeals from the judgment of conviction, rendered after a jury trial, of assault public safety personnel in connection with his assault of an employee of the Department of Correction (department) in violation of General Statutes § 53a-167c (a) (5).1 On appeal, the defendant asserts that the court committed plain error when it did not include detailed language on the u... More...   $0 (01-19-2018 - )

STATE OF CONNECTICUT v. ACEION BROWN

The defendant, Aceion Brown, appeals from the judgment of the trial court denying hispetition fora writoferror coramnobis. Weconclude that, in the circumstances presented, the court lacked jurisdiction to consider the merits of the petition, and we do not reach the merits of his ineffective assistance of counsel claim. Because the court should have dismissed the petition, rather than having denie... More...   $0 (01-19-2018 - CT)

STATE OF CONNECTICUT v. RAYMOND TUCKER Connecticut Judicial Branch

The defendant, Raymond Tucker, appeals from the judgment of the trial court finding him in violation of probation pursuant to General Statutes § 53a-32. On appeal, the defendant claims that the court (1) erred in admitting a 911 recording into evidence, (2) erroneously found that the defendant had violated his probation, and (3) abused its discretion in imposing a sentence of three years incarcer... More...   $0 (01-19-2018 - CT)

STATE OF NEW JERSEY v. GARY S. HARRIS

Defendant Gary S. Harris appeals from an August 24, 2015
order of the Law Division denying his petition for post-conviction
relief (PCR) couched as a "motion for a new trial."1 Defendant
argues he was deprived of a fair trial based upon ineffective
assistance of counsel and other constitutional violations.
Defendant also contends that the motion judge erred by deciding <... More...
   $0 (01-19-2018 - NJ)

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