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Reformation of Instrument Law
 
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)

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)

STATE OF OHIO - vs - GILBERT EUGENE SKEINS, JR. Rape and gross sexual imposition involving a minor

Skeins had one child with Joy Slusher and she was pregnant with their
second child in February 2016. Skeins and Slusher resided with Slusher’s mother and
stepfather in Niles, Ohio. On February 14, 2016, Slusher went shopping with her
2
parents and they left Skeins home alone with the children, which included Slusher’s
child from another relationship, Slusher’s child with... More...
   $0 (01-18-2018 - OH)

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)

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 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)

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)

STATE OF KANSAS v. CHRISTOPHER R. WARD

Ward and his friend Andrew Rhodes formed and operated a construction business, All Construction Guaranteed Roofing and Restoration (ACG). Their financial arrangement was a loose one. They merely orally agreed to become general contractors who would supply materials and hire subcontractors to perform work on projects. Neither had a set salary; occasionally they would estimate profits and divide the... More...   $0 (01-16-2018 - KS)

STATE OF TENNESSEE v. MATTHEW GLEN HOWELL COURT OF CRIMINAL APPEALS OF TENNESSEE

In April 2015, the Davidson County Grand Jury charged the defendant with one count each of resisting arrest and aggravated assault by causing the victim, Liela Avila, to fear bodily injury by use or display of a deadly weapon. The trial court conducted a jury trial in February 2016.
The State’s proof at trial showed that the victim moved to Nashville in early September of 2014 to pursue a car... More...
   $0 (01-13-2018 - TN)

State of Louisiana v. Chadric L. Green State of Louisiana Court of Appeal, Second Circuit (Shreveport)

On October 29, 2014, the Mansfield Police Department received a
walk-in complaint from the victim of events that involved a man firing a gun
into the air in a pasture located in Mansfield, Louisiana, and subsequently
engaging in a physical altercation with the victim. The victim and other
witnesses identified Chadric Green as the individual who pulled a weapon
out of his ... More...
   $0 (01-12-2018 - LA)

Jermichael T. Smith v. The State of Texas 12th Court of Appeals Courthouse in Tyler, Texas

On April 22, 2016, Appellant drove Jordan Downs to Lynch’s Convenience Store (Lynch’s). Downs attempted to cash a check inside the store. The cashier refused to cash the check because it looked similar to a check that a previous customer brought in and that was recently returned to the store as fraudulent. After confirming that Downs arrived in the same vehicle as the previous customer and that... More...   $0 (01-12-2018 - TX)

Sheldon Fong v. East West Bank

Plaintiff Sheldon Fong is an octogenarian real estate investor who sought to help
some younger friends establish a real estate business. He borrowed money in his own
name and stood behind two loans that he helped the new business procure from defendant
East West Bank (Bank). When some of these transactions ended badly, Fong brought
this action, alleging conversion and financial abu... More...
   $0 (01-09-2018 - CA)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

STATE OF OHIO v. STEVEN M. GREELEY

Shortly after 3:00 a.m., the police responded to an attempted break-in call at a
house on East Homestead Street in Medina. While inspecting the damage to the homeowner’s
back door, the police heard a series of loud banging noises and followed the noises to a nearby
residence. There, they found Mr. Greeley wearing a latex glove and using a hammer to strike the
back door of a v... More...
   $0 (01-08-2018 - OH)

Karl Dean Stahmann v. The State of Texas State of Texas Court of Appeals, 13th District

This case arises from a two-vehicle collision on State Highway 46 outside of New
Braunfels. Norberto Gonzalez testified that he was driving his SUV with his wife and son
as passengers, on July 1, 2012 at around 4:30 p.m., when he saw a van approaching
from the opposite direction. Gonzalez testified that he saw the van “starting to turn toward
us, and I’m thinking maybe he see... More...
   $0 (01-06-2018 - TX)

United States of America v. Paulino Morales-Alonso Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal requires us to decide whether Georgia aggravated assault as defined by O.C.G.A § 16-5-21(a)(2) is a crime of violence under the operative version of § 2L1.2 of the Sentencing Guidelines. Defendant Paulino Morales-Alonso was convicted in 2016 of illegally reentering the United States, in violation of 8 U.S.C. §§ 1326(a) and (b)(2), after having been deported following a conviction for a... More...   $0 (01-05-2018 - GA)

Tyren Phillips v. The State of Texas 5th Court of Appeals - Dallas, Texas

Tyren Phillips brings this appeal seeking reformation of two judgments of conviction:
one for aggravated robbery and one for evading arrest. Appellant was convicted of both offenses
in a single criminal action. In his first issue, appellant requests one of the judgments be reformed
to delete duplicate court costs. In his second issue, appellant asserts the judgments must be
... More...
   $0 (01-05-2018 - TX)

Kevin D. Hamilton v. State of Indiana

On August 13, 2016, Hamilton and his friend, Devyn Yancey (“Yancey”), were
exchanging text messages regarding the fact that marijuana they had purchased
from Brian Quintana (“Quintana”) was ten grams short. Hamilton and Yancey
decided to rob Quintana the next day, during an arranged buy. Via text,

1 See Ind. Code § 35-42-1-1(1)... More...
   $0 (01-05-2018 - IN)

STATE OF OHIO - vs - WILLIAM T. FERRELL

Ferrell was a backseat passenger of a friend’s car when she was pulled
over for a marked lanes violation. Ferrell remained seated in the backseat while officers
removed the driver of the vehicle and conducted a pat down. She then authorized a
search of her vehicle.
{¶3} An officer then asked Ferrell to exit the car. She also asked him if he had
anything in his pockets... More...
   $0 (01-04-2018 - OH)

STATE OF OHIO v. JARELLE N. GUICE

Late one evening, Mr. Guice ignored a police officer’s signal to stop his car and
led the officer on a brief car chase. At the time, Mr. Guice was the subject of a BOLO (“be on
the lookout”) because he had threatened his ex-girlfriend several hours earlier. The chase ended
when Mr. Guice, having driven to the duplex community where his ex-girlfriend was staying,
crashed his c... More...
   $0 (01-01-2018 - OH)

DOROTHY JEAN RIDDLE v. THE STATE OF WYOMING Wyoming Supreme Court

The facts of this case are relatively straightforward and, in large measure, undisputed. Ms. Riddle deposited a $4,000 check in a joint account that she held with her son, Dalton. The check was written on the account of her mother-in-law, and was made payable to Dalton Riddle. The signature on the check indicated that it had been executed by the mother-in-law.
[¶4] The mother-in-law learne... More...
   $0 (12-30-2017 - WY)

DONALD DEAN FOLTZ, JR. v. THE STATE OF WYOMING Foltz found guilty

In the fall of 2014, Mr. Foltz moved into the home of his girlfriend, Amanda Russell, and her two children. On December 22, 2014, Ms. Russell took her two-year-old son, BB, to a pediatrician, Dr. Fall, with concerns that BB had been vomiting, complaining of leg pain, and that he was bruising easily. After an examination and receiving the results of blood work, Dr. Fall concluded that BB’s injur... More...   $0 (12-30-2017 - WY)

Adrian Paul Mills v. The State of Texas Twelve years in prison in intoxication manslaughter case

Appellant was driving down Seawall Boulevard in Galveston and reached 80 to 90 miles per hour before driving into oncoming traffic, where he struck the vehicle of complainants Ashley Boyd and his wife, Alice Boyd. Testing revealed appellant’s alcohol level was well above the legal limit. Ashley Boyd was pronounced dead at the scene. Alice Boyd survived but sustained multiple injuries. Appell... More...   $0 (12-29-2017 - TX)

Michael Taylor Philley v. The State of Texas Man Indicted in Years Old Murder Case

In December 2013, Appellant, a man in his twenties, got into an altercation with
another man in his fifties. The altercation became physical and the older man was
killed. Appellant was subsequently charged by indictment with the offense of murder
pursuant to the provisions of section 19.02(b)(3) of the Texas Penal Code.2 The
indictment alleged Appellant “did then and there, ... More...
   $0 (12-28-2017 - TX)

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