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Res Judicata Law

Byron Johnson appeals the district court's denial of his motion for habeas corpus relief under K.S.A. 60-1507. Because the district court made only limited factual findings—and a Kansas Supreme Court Rule requires the district court to state factual findings and legal conclusions on all the issues raised—he asks us to send the case back to the district court for it to do a more thorough job. See K... More...   $0 (03-22-2018 - KS)

Abraham Aleiandro Gonzalez-Alarcon v. Adrian P. Macias District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Abraham Gonzalez-Alarcon filed a habeas petition under 28 U.S.C. § 2241
alleging specific facts which, if proven, would demonstrate that he is a United States
citizen. He seeks release from custody from Immigration and Customs Enforcement
(“ICE”) following ICE’s reinstatement of a prior order of removal on that basis.
Dismissing Gonzalez-Alarcon’s petition, the district court concl... More...
   $0 (03-20-2018 - NM)

Pauline Burkhart v. R.J. Reynolds Tobacco Company Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal, brought by three tobacco companies (“Appellants”), challenges on multiple grounds the judgment entered against them and in favor of Pauline Burkhart for compensatory and punitive damages. The judgment was awarded after a bifurcated, ten-day trial in which the jury found in Burkhart’s favor on her claims of negligence, strict liability, fraudulent concealment, and civil conspiracy. Thi... More...   $0 (03-12-2018 - FL)

United States of America v. Dameion Highley District of Colorado Federal Courthouse - Denver, Colorado

Defendant Dameion Higley filed a motion for relief under 28 U.S.C. § 2255 in
the United States District Court for the District of Colorado. He argued that his
conviction for using a firearm in relation to a crime of violence should be vacated
because armed bank robbery is not a crime of violence under 18 U.S.C. § 924(c).
The district court denied the motion as untimely or alternati... More...
   $0 (03-10-2018 - CO)

Lonnie Patterson v. City of Yuga City Northern District of California Federal Courthouse - San Francisco

The panel certified the following question to the
California Supreme Court:
Does a finding of probable cause at a
preliminary hearing preclude a false arrest
The panel withdrew the case from submission and stayed
further proceedings pending final action by the California
Supreme Court.

We certify the question set forth in Part II of this order to
the... More...
   $0 (03-08-2018 - CA)

Russell Bucklew v. Anne L. Precythe Western District of Missouri Federal Courthouse - Kansas City, Missouri

The issue is whether the Eighth and Fourteenth Amendments, as applied, bar
Missouri officials from employing a procedure that is authorized by Missouri statute
to execute Russell Bucklew.
In March 2006, Bucklew stole a car; armed himself with pistols, handcuffs, and
a roll of duct tape; and followed his former girlfriend, Stephanie Ray, to the home of
Michael Sanders, where she... More...
   $0 (03-06-2018 - MO)

United States of America v. Armando Angeles District of Kansas Federal Courthouse - Wichita, Kansas

Armando Angeles appeals the denial of his motion to suppress evidence found in
his vehicle after a traffic stop. He argues the stop violated the Fourth Amendment.
Exercising jurisdiction under 28 U.S.C. § 1291, we conclude the stop was valid because it
was based on reasonable suspicion of a traffic offense. We therefore affirm.
* This order and judgment is not binding precedent, ex... More...
   $0 (02-20-2018 - KS)

A.V. Avington, Jr. v. Indian Health Care Resource Center of Tulsa Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Plaintiff A.V. Avington, Jr., proceeding pro se, filed a civil rights complaint
accusing the Indian Health Care Resource Center of race and age discrimination, as well
as intentional infliction of emotional distress, under a theory of respondeat superior.
Plaintiff alleged that when he entered the Center as a walk-in patient, he was made to
* This order is not binding precedent, ex... More...
   $0 (02-20-2018 - OK)

Mike Hernandez, Francesca Muller v. Restoration Hardware, Inc.

Under Code of Civil Procedure1 section 902, “[a]ny party aggrieved” may
appeal a judgment. “It is generally held, however, that only parties of record may
appeal; consequently one who is denied the right to intervene in an action
ordinarily may not appeal from a judgment subsequently entered in the case.
[Citations.] Instead, he may appeal from the order denying intervention.” (Cou... More...
   $0 (02-18-2018 - )

Hong Sang Market, Inc. v. Vivien Peng

These appeals arise out of a commercial tenancy dispute. In one appeal, defendant
and cross-complainant Vivien Peng challenges a judgment awarding damages for backdue
rent to her former landlord, plaintiff and cross-defendant Hong Sang Market, Inc.
(Hong Sang). Peng argues that a judgment in a prior unlawful detainer action against her,
in which Hong Sang was awarded one month’s ba... More...
   $0 (02-14-2018 - CA)

Estate of Betty Lou McDermed v. Ford Motor Company District of Kansas Courthouse - Kansas City, Kansas

The estate of Betty McDermed, by and through its representative Diane
McDermed, along with Betty McDermed’s children, Paul McDermed and Georgia
Iocco (collectively “the McDermeds”), brought a product liability action against the
Ford Motor Company (“Ford”) following Betty McDermed’s death in a car accident.
After Ford filed two motions to exclude the McDermeds’ expert witnesses
... More...
   $0 (02-10-2018 - KS)

John Lane v. Joan Bell

To prevail in a malicious prosecution action under California law, a malicious
prosecution plaintiff (the defendant in the underlying action) must show that (1) the
plaintiff in the underlying action pursued a claim with subjective malice, (2) the claim
was brought without objective probable cause, and (3) the underlying action was
terminated on the merits in favor of the defendant... More...
   $0 (02-04-2018 - CA)

United States of America v. Jason Marc Janatsch Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Jason Janatsch worked as a freelance babysitter and occasional daycare
employee. He was indicted for taking sexually explicit pictures of himself with a
toddler. After he pleaded guilty to the charges, the court sentenced him to 360
months in prison and required him to pay a $5,000 special assessment pursuant to
18 U.S.C. § 3014(a)(3), a provision applicable to “any non-indigent pe... More...
   $0 (01-30-2018 - OK)

Proctor Andrew Young v. City of Idabel; Mayor Tina Foshee-Thomas Eastern District of Oklahoma Federal Courthouse - Muskogee Oklahoma

Proctor Andrew Young was the fire chief of Idabel, Oklahoma for five
years. In 2013, he was fired for allegedly breaking municipal personnel policies.
Mr. Young sued the City of Idabel and Mayor Tina Foshee-Thomas, arguing that
they ignored a hostile work environment and fired him because of his race. He
also claimed that Ms. Foshee-Thomas withheld exculpatory information during a<... More...
   $0 (01-30-2018 - OK)


On November 19, 2013, the Hardin County Grand Jury returned a ten
count indictment against Born alleging he committed one count of Burglary, in
violation of R.C. 2911.12(A)(2), a felony of the second degree. Three counts of
Grand Theft, in violation of R.C. 2913.02(A)(1), (B)(4), each a felony of the third
degree and each with a firearm specification alleged. Three counts of ... More...
   $0 (01-29-2018 - OH)


Dahms was convicted by a jury of Breaking and Entering in violation
of R.C. 2911.13(A), a felony of the fifth degree, Bribery in violation of R.C.
2921.02(C), a felony of the third degree, Intimidation of a Witness in a Criminal
Case in violation of R.C. 2921.04(B)(2), a felony of the third degree, and Attempted
Complicity to Tampering with Evidence in violation of R.C. 2923.0... More...
   $0 (01-29-2018 - OH)

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)

United States of America v. William Carl Welsh Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

In January 2011, William Carl Welsh pleaded guilty in an Oregon federal district court to failing to comply with the Sex Offender Registration and Notification Act (“SORNA”) and was sentenced to 673 days in the custody of the Bureau of Prisons. Welsh admitted that he had not updated his sex offender registration in Oregon when he left the state to move to Belize. While in the custody of the Bureau... More...   $0 (01-15-2018 - NC)


On November 20, 2015, the Cuyahoga County Grand Jury indicted McNeir
with two counts of aggravated murder; one count of murder; one count of attempted
murder with a notice of prior conviction and a repeat violent offender specification; two
counts of aggravated robbery with a notice of prior conviction and a repeat violent
offender specification; seven counts of felonious ass... More...
   $0 (01-13-2018 - OH)

Li Guan v. Yongmei Hu

Plaintiff Li Guan and defendant Yongmei Hu entered into a
contract under which Guan paid the purchase price for a Malibu
residence (the property) to be held by Hu as the “nominal owner.”
Hu agreed to sell the property upon receiving instructions to
do so, and to distribute the sale proceeds between the parties
according to a mathematical formula in the contract. After
recei... More...
   $0 (01-13-2018 - CA)

ABM Industries Overtime Cases

Respondent ABM Industries, Inc. (collectively with related respondents, ABM) is
a large facility services company with employees throughout the United States, including
thousands of janitorial workers at hundreds of job sites in California. Appellants
(referred to herein as plaintiffs) are present or former ABM janitorial employees. On
behalf of themselves and similarly situated Ca... More...
   $0 (01-10-2018 - CA)

United States of America v. Everett B. Robinson Tenth Circuit Courthouse - Denver, Colorado

In 2007, Everett Bernard Robinson was sentenced to 180 months’
imprisonment under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), for
being a felon in possession of a firearm and ammunition in violation of 18 U.S.C.
§ 922(g)(1). He unsuccessfully pursued a direct appeal and relief under 28 U.S.C.
§ 2255. After the Supreme Court decided Johnson v. United States, 135 S. Ct.... More...
   $0 (01-10-2018 - OK)

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

Cedric Greene v. Direct TV, Inc. Tenth Circuit Courthouse - Denver, Colorado

Cedric Greene appeals the district court’s determination that it lacked subject
matter jurisdiction over this action. Although we agree with that conclusion, we
remand with instructions to dismiss without prejudice.
Greene filed suit against Direct TV, Inc. in the U.S. District Court for the
District of Utah, asserting claims for false advertisement, breach of contract, and
neg... More...
   $0 (01-09-2018 - UT)


Childers was originally indicted in November 2014 on two counts of
burglary, felonies of the second degree in violation of R.C. 2911.12(A)(2), and four
counts of breaking and entering, felonies of the fifth degree in violation of R.C.
2911.13(A). The counts stemmed from incidents that occurred during September 2014
and October 2014. Childers pleaded guilty to all counts of the... More...
   $0 (01-08-2018 - OH)

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