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Speculative Damage Law
 
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)

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. GIANCARLO BONILLA, a/k/a ELEX BLANKS, GIANCARIO BONILLA, JAJAINCAR L. BONILLA, JOSE MENDEZ, CARLOS ORTIZ, and JOSE SOLER

After a 2011 jury trial, defendant Giancarlo Bonilla was
convicted of first-degree felony murder, first-degree robbery, and
second-degree conspiracy to commit robbery. The charges arose out
of the fatal attack upon an inmate at Delaney Hall, a private
correctional facility, by defendant and other prisoners attempting
to rob the victim. Defendant was acquitted of murder. ... 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. Brandon Christopher Scott Third person pleads guilty in shooting of boy

In May 2015, the Davidson County Grand Jury indicted the Defendant on three counts each of attempted first degree murder, employment of a firearm during the
commission of a dangerous felony (with a previous dangerous felony conviction), and reckless endangerment. See Tenn. Code Ann. §§ 39-11-106, -12-101, -13-103, -13-202, 17-1324. The Defendant was charged along with three co-defendants—Ja... More...
   $0 (01-18-2018 - TN)

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)

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)

Ayesha Khan v. Midwestern University Northern District of Illinois Courthouse - Chicago, Illinois

Ayesha Khan struggled academically in medical school from the outset. She failed three of her courses in her first year of medical school at The Chicago College of Osteopathic Medicine at Midwestern University. Ordinarily, under the school policy, this would permit the school administrators to dismiss her from the program. They opted not to do so. Instead, they gave Khan a second oppor-
2 No. ... More...
   $0 (01-16-2018 - IL)

STATE OF KANSAS v. ROBERT M. DENOMME

In August, 2014, a jury convicted Denomme of attempted criminal use of a financial card, a class B nonperson misdemeanor; attempted misdemeanor theft, a class B nonperson misdemeanor; and identity theft, a severity level 8 nonperson felony. The district court sentenced him to 18 months' probation, with an underlying sentence of 14 months' incarceration. The following facts are taken from Denomme's... More...   $0 (01-16-2018 - KS)

STATE OF KANSAS v. STEVEN TERRY JORDAN

Around 1:30 a.m. on February 6, 2013, in Great Bend, Kansas, A.W. was preparing to go sleep. She had worked at a nearby gas station that evening and had just sent her cousin home because it was late. About 10 minutes after getting into bed, A.W. heard footsteps on her front porch and a loud banging at her front door, as if someone was kicking it in. A.W. turned on her light, picked up her cell pho... More...   $0 (01-16-2018 - KS)

STATE OF KANSAS v. AARON T. CESSNA

On March 19, 2014, the Sedgwick County District Attorney's office charged
Cessna with nine counts of sexual exploitation of a child. Earlier that month, Quang Minh Nguyen, an employee at Octapharma Plasma, was going through the lost and found at the business and discovered a black and red cell phone that had been there for approximately three weeks. Quang attempted to turn the phone on to de... More...
   $0 (01-16-2018 - KS)

David E. Miller v. Tony Mays, Warden Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

David Miller was convicted and sentenced to
death for the 1981 murder of Lee Standifer. His sentence was upheld by the Tennessee Supreme
Court and we affirmed the dismissal of his § 2254 habeas petition. Seeking to revisit his
ineffective-assistance-of-trial-counsel (IATC) claim in light of Martinez v. Ryan, 566 U.S. 1
(2012), and Trevino v. Thaler, 569 U.S. 413 (2013), Miller now ... More...
   $0 (01-16-2018 - TN)

Salomon G. martinez v. Department of Health Care Services

The California Department of Health Care Services
(Department) moved to determine the amount of a Medi-Cal lien
on the settlement of plaintiff’s medical malpractice action. (Welf.
& Inst. Code, § 14124.76, subd. (a)1.) The trial court determined
the amount of the lien to be $39,004.41. Plaintiff appeals. We
reduce the amount of the lien by 25 percent for statutory attorney
... More...
   $0 (01-16-2018 - CA)

Maria V. Pena v. City of Rio Grande City, Texas, Rosa Salinas, Jose Solis Southern District of Texas Courthouse - Houston, Texas

Maria Peña sustained injuries as a result of a tasing by police officers for the City of Rio Grande City. Peña sued the city and two of the officers in state court, alleging excessive force under 42 U.S.C. § 1983 and negligence under the
Case: 16-41522 Document: 00514306262 Page: 1 Date Filed: 01/12/2018
No. 16-41522
2
Texas Tort Claims Act (“TTCA”).
1 Upon removal, the distric... More...
   $0 (01-15-2018 - TX)

Western-Southern Life Assurance Company v. George W. Kaleh Southern District of Texas Courthouse - Houston, Texas

This case involves a lender who sued a guarantor for the breach of three personal guarantees. George Kaleh signed the guarantee agreements in conjunction with a real-estate-development project, and Western-Southern Life Assurance Company financed the project. After the borrowers defaulted on the underlying loans, Western foreclosed on the property and sued Kaleh.
The district court conducted a... More...
   $0 (01-15-2018 - TX)

Heron Bay Homeowners Association v. City of San Leandro, Halus Power Systems, Real Party in Interest

Real parties in interest Halus Power Systems and Louis A. Rigaud individually
and dba Halus Power Systems (collectively, Halus Power), appeal from the trial court’s
post-judgment order granting in part plaintiff Heron Bay Homeowners Association’s
(Heron Bay HOA’s) motion for attorneys’ fees pursuant to Code of Civil Procedure1
section 1021.5. Defendant City of San Leandro (San Lean... More...
   $0 (01-15-2018 - CA)

United States of America v. James Woodring Middle District of Pennsylvania - Williamsport, Pennsylvania

Williamsport, PA - Centre Hall Man Sentenced To 33 Months’ Imprisonment For Explosives And Firearms Offenses

James Woodring, age 51, Centre Hall, Pennsylvania, was sengenced to 33 months’ imprisonment and three years of supervised release, for manufacturing explosives and for being a felon in possession of firearms.

According to United States Attorney David J. Freed, James Woodri... More...
   $0 (01-14-2018 - PA)

State of Indiana v. Scottie Kincade Warren County Courthouse - Williamsport, Indiana

Williamsport, IN - Jury Finds Defendant Guilty of Murder

The State of Indiana charged Scottie Kincaide, age 34, with murder and arson in conjunction with the death of Hearth Smith, age 31, on September 27, 2016. See: 35-42-1-1(1): Murder, 35-42-1-1(2): Murder, 35-43-1-1(a)(1)/F4: Arson knowingly damage by fire, etc. the dwelling of another w/o consent.

The defendant and the victi... More...
   $0 (01-14-2018 - IN)

Golden Eagle Land Investment, L.P. v. Rancho Sante Fe Association

This is an appeal and cross-appeal from an anti-SLAPP ruling which granted the
defense motion to strike in part and denied it in part. (Code Civ. Proc.,1 § 425.16.)
Plaintiff and appellant Golden Eagle Land Investment, L.P. (Golden Eagle) and its
coplaintiff and appellant Mabee Trust (the Trust; sometimes together, Appellants)2 own
real property in the vicinity of Rancho Santa Fe. ... More...
   $0 (01-14-2018 - CA)

State of Ohio v. Devonte Brown Toledo teen charged with murder of ex-girlfriend and her brother takes plea deal

On August 10, 2015, appellant invaded the victim’s home, stabbed her 17
times, killed her son, raped, kidnapped and killed her daughter, and stole her vehicle.
When later confronted by police in the stolen vehicle, he fled and crashed.
{¶ 4} Appellant was the age of 16 at the time he committed these acts, and he was
the estranged boyfriend of the daughter. There was a no-con... 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)

STATE OF IOWA vs. JUAN CARLOS NINO HERNANDEZ K-9 OK after after drunken man rams parked squad car, police say

Des Moines Police Sergeant Ronald Kouski had just stepped into QuikTrip
for a hot dog when he “heard a loud screeching noise and then a loud collision.”
Kouski worked as a canine officer and his German Shepard partner was waiting in
the 2009 Crown Victoria. The officer looked out the store’s front window and
discovered a red pickup had struck his patrol car, pushing it across... More...
   $0 (01-12-2018 - IA)

Luis Armando Carreon v. The State of Texas

On April 17, 2006, pursuant to a guilty plea, the trial court convicted Carreon on two counts of burglary of a habitation, both second degree felonies. See TEX. PENAL CODE ANN. § 30.02(c)(2) (West, Westlaw through 2017 1st C.S.). On the only count that is the subject of this appeal, the trial court sentenced Carreon to ten years’ confinement, suspended the sentence, and placed Carreon on communi... More...   $0 (01-12-2018 - TX)

Jered Sasen v. Richard V. Spencer District of Massachusetts Federal Courthouse - Boston, Massachusetts

This case, which pits a retired
petty officer against the United States Navy, is awash with novel
legal questions concerning the application and operation of
Article 31 of the Uniform Code of Military Justice (UCMJ). These
questions center on Article 31(b), which requires that a sailor
suspected of an offense be warned both that he need not make any
statement regarding that... More...
   $0 (01-12-2018 - MA)

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