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Real Property Law
 
Julio Cesar Flores, Jr. v. The State of Texas

Detective Jason Schipper of the Stephenville Police Department was the only witness that testified at the suppression hearing. At 10:30 p.m. on February 7, 2015, Detective Schipper was patrolling the east side of Stephenville. He observed a green Ford Explorer parked in the parking lot of the Stephenville Soccer Complex. Detective Schipper testified that the vehicle was parked in a dark area of... 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)

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)

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 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 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)

United States of America v. Daniel Stephen Wray Southern District of California Federal Courthouse - San Diego, California

San Diego, CA - Serial Fraudster Convicted; Daniel Stephen Wray Directed Fraudulent Credit Card Scheme Targeting San Diego Retailers

Daniel Stephen Wray pleaded guilty in federal court on January 18, 2018, admitting that he was the leader of an elaborate scheme to steal identities and make and use fraudulent credit cards at multiple San Diego retailers.

Wray, 29, pleaded guilty t... More...
   $0 (01-19-2018 - CA)

STATE OF CONNECTICUT v. ANTHONY C. MANOUSOS Connecticut Judicial Branch

. The defendant, Anthony C. Manousos, appealsfromthejudgmentofconviction,renderedafter a jury trial, of arson in the first degree in violation of GeneralStatutes§ 53a-111(a)(1).Thedefendantclaims that the trial court improperly (1) denied his motions to suppress various tangible items collected from him, as well as oral statements that he made to the police during an investigatory stop and subsequ... More...   $0 (01-19-2018 - CT)

Erotic Service Provider Legal Education and Research Project v. Georg Gascon, etl. Northern District of California Federal Courthouse - San Francisco

Plaintiff-appellant Erotic Service Provider Legal,
Education & Research Project; K.L.E.S.; C.V.; J.B.; and
John Doe (collectively, “ESP”) appeal the district court’s
dismissal of their 42 U.S.C. §1983 action. ESP claims that
Section 647(b) of the California Penal Code, which
criminalizes the commercial exchange of sexual activity,
violates: (1) the Fourteenth Amendment subs... More...
   $0 (01-19-2018 - CA)

United States of America v. Sanford J. Wishnev v. The Northwestern Mutual Life Insurance Company Northern District of California Federal Courthouse - San Francisco

We ask the California Supreme Court to resolve two open
questions of state law that have significant effects on
insurance companies and insureds in California.
An initiative measure enacted in 1918 (the Initiative), Cal
Civ. Code §§ 1916-1–5, limits the amount of interest lenders
may charge, and provides that lenders may not compound
WISHNEV V. 4 NORTHWESTERN MUTUAL
int... More...
   $0 (01-19-2018 - CA)

McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...
   $0 (01-19-2018 - CA)

STATE OF NEW JERSEY v. JAZIR GORDON

After his motion to suppress physical evidence was denied
without an evidentiary hearing, defendant Jazir Gordon proceeded
to trial and was found guilty by a jury of third-degree possession
of heroin, N.J.S.A. 2C:35-10a(1); second-degree unlawful
possession of a handgun, N.J.S.A. 2C:39-5b; fourth-degree
possession of a defaced firearm, N.J.S.A. 2C:39-3d; fourth-degree
... More...
   $0 (01-18-2018 - NJ)

Juan Aguilar vs. The State of Florida

On Sunday, December 9, 2007, at approximately 3:00 a.m., a three-car
accident occurred in the four westbound lanes of State Road 836 near the 27th
Avenue exit. At approximately 3:11 a.m., Florida Highway Patrol Trooper
Bobadilla (“Trooper Bobadilla”) received a dispatch regarding this accident.
When he arrived at the scene, Miami Dade Expressway Authority (“MDX”) Road
Ra... More...
   $0 (01-18-2018 - FL)

State of Tennessee v. Quantez Person Jury hung in trial of former FedEx employee accused of rape, exposing HIV

Originally charged with aggravated rape and criminal exposure to HIV, the defendant was convicted by a Shelby County Criminal Court jury of criminal exposure to HIV based upon hisengaging in unprotected sexual acts with the victim in March 2012.

At the defendant’s May 2016 trial, the victim testified that as she walked from her home to the home of a friend, a man driving a Chrysler conver... More...
   $0 (01-18-2018 - TN)

State of Tennessee v. Christopher Jerald Crowley Nashville man charged in death of homeless man

During the early morning hours of October 18, 2012, the victim, Robert Mitchell, was sleeping on a bench across the street from the Criminal Justice Center in downtown Nashville. The victim’s aunt, Linda Cloyd, testified at trial that the victim typically lived with family members, but that in October 2012 the victim was homeless and working at the Nashville Rescue Mission. Mario Hambrick was th... More...   $0 (01-18-2018 - TN)

COMMONWEALTH vs. SHAWN A. McGONAGLE Massachusetts Supreme Judicial Court

Following a trial in the
District Court, a jury convicted the defendant, Shawn McGonagle,
of assault and battery, G. L. c. 265, § 13A. At the defendant's
sentencing hearing, the Commonwealth requested that the
defendant be sentenced to two and one-half years in a house of
correction, the maximum possible sentence under the statute, to
be served from and after his rel... More...
   $0 (01-18-2018 - MA)

STATE OF OHIO v. JIBRIIL A. HERSI

In March of 2016, Mr. Hersi was driving his semi-truck and trailer westbound on
Interstate 76. Inspector Richard Bell, a civilian working with the Ohio State Highway Patrol as a
Federal Motor Carrier Officer in a marked vehicle, activated his lights and siren and attempted to
stop Mr. Hersi’s semi-truck for a safety inspection. According to Inspector Bell, when Mr. Hersi
did ... More...
   $0 (01-18-2018 - OH)

United States of America v. James E. Everett, Jr. Western District of Missouri Federal Courthouse - Kansas City, Missouri

Kansas City, MO - Jury Convicts KCK Man Following Confrontation at Bolling Federal Building

A Kansas City, Kan., man was convicted on January 10, 2018 at trial following a confrontation with law enforcement officers at the Richard Bolling Federal Building.

James E. Everett, Jr., 31, of Kansas City, was found guilty on Tuesday, Jan. 9, 2018, of threatening a federal law enforcemen... More...
   $0 (01-18-2018 - MO)

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. 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)

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)

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