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STATE OF LOUISIANA V. CHRISTOPHER HUTSELL

In March 2015, Mr. Hutsell and the victim, Julia Anderson (―Ms.
Anderson‖), had been in a romantic relationship for about twenty-one or twenty
two days. Both were part of a traveling community and were in New Orleans
during this time period. On March 19, 2015, around 10:00 p.m., the couple, along
with their three dogs, were in the parking lot of the McDonald‘s (... More...
   $0 (04-22-2018 - LA)

STATE OF KANSAS v. SHANE TRAVERS GARRETT

Garrett does not claim the district court erred in treating his California crime as a felony. He limits his argument to whether his California crime should be treated as a person crime. He claims that Kansas does not have a comparable burglary statute, so his California conviction must be classified as a nonperson crime.

Garrett raises an issue of statutory interpretation under the Ka... More...
   $0 (04-18-2018 - KS)

STATE OF KANSAS v. GERARDO G. SAUCEDO

Saucedo's prior Washington felony conviction was for a residential burglary under Wash. Rev. Code Ann. § 9A.52.025(1). On appeal he argues that the district court erred in classifying this prior conviction as a person felony. He claims that because two elements of the Washington conviction are broader than the elements of the comparable Kansas crime, the district court engaged in improper judicial... More...   $0 (04-17-2018 - KS)

BRIAN SKENDER V. UNION PACIFIC RAILROAD COMPANY

This is the third time this case is before us on appeal. The underlying facts are not
complicated. On July 11, 2012, Skender, a UPRR employee, was injured while working at
a UPRR repair track in Pine Bluff, Arkansas. From this injury, Skender filed separate causes
of action under FELA. He timely filed and served his first FELA cause of action against
UPRR on October 25, 2013. (35C... More...
   $0 (04-16-2018 - AR)

STATE OF KANSAS v. SCOTT HARRIS KOBEL

On July 14, 2013, the State charged Kobel with aggravated kidnapping, rape, and attempted rape. Pursuant to a plea agreement, the State submitted an amended information, charging Kobel with aggravated battery, a severity level 4 person felony. The agreement was for Kobel to plead guilty to the amended information and, believing his criminal history score was A, the State would not oppose or reques... More...   $0 (04-14-2018 - KS)

Rodeo Citizens Association v. County of Contra Costa, Phillips 66 Company, Real Party in Interest Contra Costa County Courthouses - Martinez, California

The County of Contra Costa (the county) certified an environmental impact report
(EIR) and approved a land use permit for a “Propane Recovery Project” at an oil refinery
owned and operated by Phillips 66 Company (Phillips) in Rodeo, California. In response
to consolidated petitions filed by Rodeo Citizens Association (Citizens) and others,1
the trial court issued a peremptory writ ... More...
   $0 (04-14-2018 - CA)

Sawyer Brothers, Inc. v. Island Transporter, LLC District of Maine Federal Courthouse - Portland, Maine

Sawyer Brothers, Inc. hired
Island Transporter, LLC to ferry three construction vehicles and
their drivers from Rockland, Maine to North Haven, Maine. The M/V
ISLAND TRANSPORTER encountered rough seas while traversing
Penobscot Bay, and two of the vehicles tipped over onto the
vessel's port bulwark. Sawyer Brothers, Inc., and its owners Ryan
and Ross Sawyer (collectively, "... More...
   $0 (04-12-2018 - ME)

STATE OF KANSAS v. LARRY G. LEDOUX

In December 2016, Ledoux pled guilty in the Johnson County District Court to a single charge of burglary of a dwelling committed in May 2013. About a month after the plea, the district court sentenced him to serve a mitigated 30-month prison sentence and 12 months of postrelease supervision. Ledoux's sentence was based on his new severity level 7 person felony conviction and the category A crimina... More...   $0 (04-07-2018 - KS)

The Railroad Commission of Texas v. Polk Operating, LLC

Polk is licensed by the Commission to recycle nonhazardous oil and gas waste at a
facility in Karnes County, Texas. In late 2016, the Commission brought an enforcement proceeding
against Polk after Commission staff determined that Polk’s storage pits were inadequately lined and
over capacity.
During the course of the Commission proceedings, intervenor Evergreen
Underground Wat... More...
   $0 (04-02-2018 - TX)

STATE OF KANSAS v. JAMIE ZINNEL

In 2016 Zinnel pled no contest to one count of burglary under K.S.A. 2015 Supp. 21-5807(a)(2), (c)(1)(B), a severity level 7 nonperson felony. Zinnel's PSI reflected six 2006 convictions for third-degree burglary in Iowa—four of which were classified as person felonies for sentencing in Kansas. At sentencing the district court determined that Zinnel had a criminal-history score of A. Zinnel did no... More...   $0 (03-30-2018 - KS)

Mathew W. McCallister v. State of Indiana

We recite the facts most favorable to the judgment. During February 2014, Defendant, Mathew McCallister, lived with his girlfriend, Kelli Wyrick, in a series of hotels in Evansville, Indiana. Also living in Evansville hotels then were their friends Shawn Grigsby and Grigsby�s girlfriend. The two couples would sometimes visit each other�s rooms to use illegal drugs. On February 16, the couples ... More...   $0 (03-28-2018 - IN)

DEVERON SHIVELY V. COMMONWEALTH OF KENTUCKY

Misty Shirley had been staying with her fian:ce's daughters, Courtney and
Carrie. Courtney's boyfriend, D.J., had been in an altercation with Misty's
fiance after he and two unidentified males entered Courtney and Carrie's
apartment looking for pills. After the altercation, Misty decitj.ed to leave
Courtney and Carrie's apartment and s_tay with other friends. D .J. called Misty... More...
   $0 (03-25-2018 - KY)

STATE OF KANSAS v. ROY D. WETRICH Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

For acts committed between January 1, 2009 and April 24, 2009, Wetrich was convicted by a Johnson County jury of kidnapping, two counts of aggravated assault, criminal possession of a firearm, possession of marijuana, violation of a protective order, domestic battery, and intimidation of a witness. The district court sentenced Wetrich to a controlling sentence of 124 months in prison, based on a c... More...   $0 (03-20-2018 - KS)

Chris G. Berninger v. National Railroad Passenger Corporation Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Tacoma, WA - Chris G. Berninger v. National Railroad Passenter Corporation, d/b/a Amtrak on a negligence theory.... More...   $0 (03-19-2018 - WA)

Dorothy Altman v. National Railroad Passenger Corporaton, d/b/a Amtrak Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Hammond, IN - Dorothy Altman sued National Railroad Passenger Corporaton, d/b/a Amtrak on a negligence theory.... More...   $0 (03-19-2018 - IN)

United States of America v. David Robert McFarland Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

David McFarland appeals the district court’s order revoking his supervised
release pursuant to 18 U.S.C. § 3583. He contends that he was denied his right of
cross-examination at the preliminary hearing and that the evidence was insufficient to
support the criminal allegations underlying the revocation. We dismiss the first
argument for lack of jurisdiction and affirm on the second.... More...
   $0 (03-10-2018 - OK)

Jose Duran Rivas v. National Railroad Passenger Corporation Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Los Angeles, CA - Jose Duran Rivas sued National Railroad Passenger Corporation on a negligence theory.... More...   $1 (03-06-2018 - CA)

Tanya Pendergrass-Walker, Phinezy Walker, Jr., Minnie Pendergrass and Tia Martin v. Guy M. Turner, Inc. d/b/a Turner Transfer, National Railroad Passenger Corporation, a/k/a Amtrak and CSX Transportation Inc Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Raleigh, NC - Tanya Pendergrass-Walker, Phinezy Walker, Jr., Minnie Pendergrass and Tia Martin v. Guy M. Turner, Inc. d/b/a Turner Transfer, National Railroad Passenger Corporation, a/k/a Amtrak and CSX Transportation Inc. on auto negligence and respondeat superior theories.... More...   $0 (02-28-2018 - NC)

United States of America v. Dennis Franklin Western District of Wisconsin Federal Courthouse - Madison, Wisconsin

These consolidated appeals represent
another application of the “categorical approach” for
applying recidivist statutes. The specific question in these appeals
is whether convictions under a portion of the Wisconsin
* Circuit Judge Posner retired on September 2, 2017, and did not participate
in the decision of this case, which is being resolved by a quorum
of the panel unde... More...
   $0 (02-27-2018 - WI)

Tony Muro v. Cornerstone Staffing Solutions, Inc. Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Plaintiff Tony Muro entered into an employment contract with defendant
Cornerstone Staffing Solutions, Inc. (Cornerstone). The contract included a provision
requiring that all disputes arising out of Muro's employment with Cornerstone to be
resolved by arbitration. It also incorporated a class action waiver provision. In response
to Muro's present action, which was styled as a prop... More...
   $0 (02-25-2018 - CA)

United States of America v. Michael Herrold Northern District of Texas Federal Courthouse - Dallas, Texas

Three decades ago, Congress set the courts upon a new course for the sentencing of federal defendants, moving away from a long-in-place system that gave wide discretion to federal judges to impose sentences from nigh no prison time to effective life sentences.
* Judges Willett and Ho joined the court after this case was submitted and did not participate in the decision.
United States Court... More...
   $0 (02-20-2018 - TX)

Edmundo Amparan; Kimberly L. Amparan v. Lake Powell Car Rental and Mevlut Berkay Demir, Denizcan Karadeniz; PV Holding Corporation District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Edmundo Amparan and Kimberly L. Amparan (the “Amparans”) appeal from
the district court’s grant of summary judgment in favor of Lake Powell Car Rental
Companies (“Lake Powell”) on the Amparans’ claims for negligent entrustment and
loss of consortium. The claims arose from a vehicle accident involving a motorcycle
operated by Mr. Amparan and a Ford Mustang rented by Lake Powell to D... More...
   $0 (02-20-2018 - NM)

Maria J. Barahona, et al. v. Union Pacific Railroad Central District of California Federal Courthouse - Los Angeles, California

For more than half a century, the Union Pacific Railroad
(“Union Pacific”) has leased land under 1,800 miles of its
right of way to Santa Fe Pacific Pipelines, L.P. (“SFPP”),
which uses the land for a petroleum pipeline. In a suit by
landowners challenging Union Pacific’s ability to lease the
land, the district court held that (1) the acts of Congress
conferring the right o... More...
   $0 (02-09-2018 - CA)

Douglas Ossanna v. Nike, Inc. Oregon Supreme Court Building - Eugene, Oregon

Plaintiff is a licensed electrician who previously
worked for defendant, Nike, Inc., in its maintenance department.
Defendant fired plaintiff after he used one of defendant’s
on-site basketball courts at a prohibited time. In
response, plaintiff sued defendant for, among other things,
statutory safety complaint and whistleblower retaliation.
Plaintiff alleged that defendant... More...
   $0 (01-31-2018 - OR)

STATE OF OHIO v. LINDRELL E. MALONEY

This matter is before the Court on the September 16, 2016 Notice of Appeal
of Lindrell E. Maloney. Maloney appeals from his judgment entry of conviction on two
counts of rape (under thirteen), in violation of R.C. 2907.02(A)(1)(b), felonies of the first
degree, and two counts of sexual battery (natural parent), in violation R.C. 2907.03(A)(5),
felonies of the third degree. T... More...
   $0 (01-29-2018 - OH)

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