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Jonathan Arvizu v. City of Pasadena

Plaintiff and Appellant Jonathan Arvizu sued the City of
Pasadena after he fell over a retaining wall located beside a
recreational trail in the City’s Arroyo Seco Natural Park,
resulting in devastating personal injuries. Arvizu had entered the
Park in the dark, pre-dawn hours, while it was closed, in order to
go “ghost hunting” with a group of friends. While taking a
short... More...
   $0 (03-24-2018 - CA)

Phil A. Smallwood v. The State of Texas

On June 2, 2016, the State charged appellant with capital murder by causing
the death of Jonathan Wilkerson while in the course of committing or attempting to
commit robbery.2 Appellant pleaded not guilty, and the case proceeded to trial.
On the evening of October 13, 2014, Wilkerson and his girlfriend, Quathanna
Lee, drove to the home of Roy Robinson, the best friend of Wil... More...
   $0 (03-23-2018 - TX)

Jorge Ernesto Linares-Lainez v. The State of Texas Texas First District Court of Appeals

An agreed protective order was issued in April 2016 that prohibits Jorge
from engaging in certain threatening conduct directed at his estranged wife, Alice.
The State sought the protective order based on Alice’s allegations that Jorge had
sexually assaulted her. Jorge agreed to the issuance of the protective order. It
prohibits Jorge from going within 200 feet of Alice’s reside... More...
   $0 (03-23-2018 - TX)

GERON R. TAYLOR v. THE CITY OF BIXBY, OKLAHOMA Oklahoma Court of Civil Appeals

On September 8, 2011, Taylor was stopped by a Bixby police officer for driving 49 miles per hour in a 40-mile per hour speed zone. During the interrogation that followed, Taylor failed to produce a driver's license, admitted that he did not have a driver's license and admitted that he had never possessed a valid driver's license. Taylor was arrested and charged with speeding and driving without a ... More...   $0 (03-23-2018 - OK)


The facts leading up to the search and the results of the search are set out in our prior opinion, State v. Anderson, No. 116,140, 2017 WL 1297998, at *1 (Kan. App. 2017) (unpublished opinion) (Anderson I), and we repeat them here:

"The State's complaint against Jerry A. Anderson charged him with aggravated (armed) robbery of a Loan Max store in Hutchinson, Kansas. The security video f... More...
   $0 (03-23-2018 - KS)

Covina Residents for Responsible Development v. City of Covina, City Ventures, Inc. Real Parties in Interest

In this CEQA1 action Covina Residents for Responsible
Development (CRRD) appeals from the trial court’s denial of its
petition for writ of mandate seeking to overturn the City of
Covina’s approval of a 68-unit, mixed-use, infill project2 located a
quarter-mile from the Covina Metrolink commuter rail station.
CRRD contends the project’s significant parking impacts required
t... More...
   $0 (03-22-2018 - CA)

Jaime Gonzalez v. Owens Corning Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

This appeal involves a putative class action brought by consumers in four states who alleged that Appellees Owens Corning and Owens Corning Sales, LLC (collectively, Owens Corning) sold defective roof shingles and misrepresented the shingles’ expected useful life. Appellants challenge an order of the United States District Court for the Western District of Pennsylvania denying class certification.... More...   $0 (03-22-2018 - PA)

Nicole Haberle v. Officer Daniel Troxell Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Timothy Nixon was a troubled man. After stealing a firearm, he told his partner, Nicole Haberle, that he was going to commit suicide. When a police officer employed by the Borough of Nazareth learned of that threat, he did not wait for trained crisis support professionals but instead knocked on the door of the apartment where Nixon was located and announced his presence. Nixon immediately shot him... More...   $0 (03-22-2018 - PA)

Omar Norvil Whylie Lewin v. Attorney General of the United States of America United States Third Circuit Court of Appeals

This immigration case raises a single question: whether the petitioner’s conviction under New Jersey’s Receiving Stolen Property Statute, N.J. Stat. Ann. § 2C:20-7(a), constitutes an “aggravated felony” under the Immigration and Nationality Act (“INA”), 66 Stat. 163, as amended. 8 U.S.C. § 1101(a)(43)(G). We conclude that it does and, accordingly, will deny the petition for review.

I. BAC... More...
   $0 (03-22-2018 - PA)


Darien Jester appeals the district court's decision revoking his probation and ordering him to serve his underlying prison sentence. Jester contends the district court should have given him another chance at probation rather than send him to prison. But Jester was charged and convicted of a new offense while on probation, and that gave the district court the discretion to send him to prison. We f... More...   $0 (03-22-2018 - KS)

United States of America v. Joel A. Sabean, M.D. District of Maine Federal Courthouse - Portland, Maine

This case, which reads like an
anthology of pain, pathos, and personal degradation, paints a grim
picture of the human condition. It intertwines allegations of an
incestuous relationship with criminal charges of tax evasion,
unlawful distribution of controlled substances, and health-care
fraud. Following a contentious trial, the jury found defendantappellant
Joel A. Sabean ... More...
   $0 (03-22-2018 - ME)

Eleanor Licensing, LLC v. Classic Recreations, LLC

Following a four-day bench trial, the court entered
judgment in favor of Eleanor Licensing LLC and Denice
Shakarian Halicki and against Classic Recreations, LLC, T&D
Motor Company, Jason Engel and Tony Engel (collectively
Classic), ordering that Eleanor Licensing retain possession of a
vehicle identified as “Eleanor No. 1,” which had been
manufactured by Classic pursuant to... More...
   $0 (03-22-2018 - CA)


In this case, the State originally charged McIntyre with aggravated indecent liberties with a child. In another case, it charged her with three drug crimes. McIntyre entered a global plea agreement in the drug-related case and the State dismissed this case. McIntyre then filed a motion to withdraw her plea and the district court allowed her to withdraw her plea. The State then reinstated the charg... More...   $0 (03-21-2018 - KS)


Sly Maples was tried for abuse of a child and felony murder. He was convicted of abuse of a child and sentenced to 136 months' prison based on a criminal history score of A. These charges stem from incidents that occurred between January 19, 2015, and January 20, 2015, that ultimately lead to the death of A.D.

On January 19, 2015, Maples choked and shook A.D. causing severe bruising a... More...
   $0 (03-21-2018 - KS)


Pursuant to a plea agreement, Hill was convicted by the Geary County District Court of three counts of aggravated assault arising out of an incident on April 22, 2014. The sentencing court found that Hill's criminal history score was A, based in part on classifying three prior Missouri second-degree burglary convictions arising out of a 2004 case as person offenses. The sentencing court followed t... More...   $0 (03-21-2018 - KS)

STATE OF KANSAS v. CEDRIC M. WARREN Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Cedric Warren challenges his resentencing after the original hard 50 life sentence for his premeditated first-degree murder conviction was held unconstitutional and vacated on appeal. On remand the district court imposed a hard 25 life sentence (lifetime sentence without the possibility of parole for 25 years) for that conviction and ran it consecutive to his sentences for his two on-grid crimes. ... More...   $0 (03-21-2018 - KS)


Derrick Buell seeks review of the Court of Appeals' determination that the district court correctly classified two prior Florida burglary juvenile adjudications as person felonies when calculating Buell's criminal history score under the revised Kansas Sentencing Guidelines Act (KSGA). State v. Buell, 52 Kan. App. 2d 818, 377 P.3d 1174 (2016). Buell argues, inter alia, that the Florida crimes were... More...   $0 (03-21-2018 - KS)


Charles H. Moore seeks review of the Court of Appeals' determination that the district court correctly classified a 1984 first-degree burglary conviction in Oregon as a person felony when calculating Moore's criminal history score under the revised Kansas Sentencing Guidelines Act (KSGA). State v. Moore, 52 Kan. App. 2d 799, 377 P.3d 1162 (2016). Moore argues, inter alia, that the Oregon crime wa... More...   $0 (03-21-2018 - KS)


The facts are mostly undisputed, except whether Gonzalez knew his gun was loaded as events unfolded.

Gonzalez and his friends—Levi (the victim), Bailey Bishop (Levi's sister; Gonzalez' girlfriend), Jeff Swisher (Levi's step-brother), and Zachary Cashman— attended various New Year's Eve parties. At some point, the four men wanted to return to the first party and Gonzalez drove them. Cash... More...
   $0 (03-21-2018 - KS)

Matthew C. McGlynn v. State of California

In this mandamus proceeding, six judges who were elected to the superior court in
mid-term elections in 2012, but who did not take office until January 7, 2013, maintain
they are entitled to benefits under the Judges’ Retirement System II (JRS II)1
as in effect
at the time they were elected, rather than at the time they assumed office. This is a matter
of considerable importanc... More...
   $0 (03-21-2018 - CA)


Randy D. Sturgis seeks review of the Court of Appeals' determination that the prosecutorial error in closing argument was harmless and that the district court correctly classified a 2007 Michigan home invasion conviction as a person felony when calculating Sturgis' criminal history score under the revised Kansas Sentencing Guidelines Act (KSGA). State v. Sturgis, No. 112,544, 2015 WL 9286956 (Kan... More...   $0 (03-20-2018 - KS)

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)


Epp-Sigmund pled no contest to the distribution of methamphetamine, a severity level 2 drug felony. Given her criminal history score of G and the severity level of her crime, Epp-Sigmund's sentence was in the presumptive prison category. At sentencing, the district court imposed a 104-month prison term but granted Epp-Sigmund a dispositional departure and placed her on probation from that sentence... More...   $0 (03-20-2018 - KS)


In May 2016, Williams pled no contest to a single count of residential burglary, a severity level 7 person felony, and on September 20, 2016, the district court sentenced him to 16 months in prison but granted Williams probation from that sentence for a period of 24 months. Less than two months later, on November 14, 2016, the State sought
to revoke Williams' probation on the grounds t... More...
   $0 (03-20-2018 - KS)


In September 2015, Lorence pled no contest to felony theft and was sentenced to 27 months in prison but was placed on probation from that sentence for 18 months. The following month, Lorence entered into a joint plea agreement for two cases. In the first
case, Lorence pled guilty to possession of methamphetamine and was sentenced to 30 months in prison but again was placed on probation... More...
   $0 (03-20-2018 - KS)

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