Qualified Immunity Law
 
DURRELL BARNUM v. STATE OF ARKANSAS

Conway AR - Sexual assault criminal defense lawyer represented defendant charged with fourth-degree sexual assault.



This appeal arises out of events that took place on the night of March 17, 2018. Then fourteen-year-old J.G. went to sleep on the couch in the living room of her sister’s apartment. Later that night, Barnum, who was... More...
   $0 (11-28-2020 - AR)

DUSTIN MELVIN DAVISON v. STATE OF OKLAHOMA

Oklahoma City, OK - Criminal defense lawyer represented defendant, who was charged with first degree murder.



On the afternoon of May 18, 2015, K.B., the two-year-old son of Jennifer Young, died at Children's Hospital in Oklahoma City. Earlier that day, K.B. had suffered multiple blunt force traumas to his head and torso, res... More...
   $0 (11-28-2020 - OK)

United States of America v. Swedish Medical Center First Hill

Seattle, Washington Americans With Disabilities Violation lawyer represented defendant charged with violating the ADA.

“In this, the 30th year of the Americans with Disabilities Act, it is critical that all organizations—but especially health care providers—deliver services in a way that meets the needs of people with different impairments,” said U.S. Attorney Brian T. Moran. “I am pleas... More...
   $0 (11-28-2020 - WA)

Donald J. Trump v. Secretary Commonwealth of Pennsylvania, et al.

Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious.
But calling an election unfair does not make it so. Charges require specific allegations
and then proof. We have neither here.
The Trump Presidential Campaign asserts that Pennsylvania’s 2020 election was unfair.
But as lawyer Rudolph Giuliani stressed, the Campaign “doesn’t plead fraud. . .... More...
   $0 (11-27-2020 - PA)

STATE OF KANSAS v. ALEX DEE DAVIS

Topeka, KS - Criminal defense lawyer represented defendant charged with armed robbery.




A man covering his face with a red bandana and wearing skeleton gloves entered a
Wichita donut shop's back door early on October 24, 2016. The man pointed a "rainbow
colored" gun at an employee and demanded money. He left without t... More...
   $0 (11-27-2020 - KS)

Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, et al. v. Sylvia Hernandez Kaufmann

In this interlocutory appeal of a preliminary injunction, the dispositive issue is whether 42 U.S.C. § 1396a(a)(23) gives Medicaid patients a right to challenge, under 42 U.S.C. § 1983, a State’s determination that a health care provider is not “qualified” within the meaning of § 1396a(a)(23). Our decision rests primarily on two independent bases: (1) the Supreme Court’s decision in O’Bannon v. To... More...   $0 (11-25-2020 - TX)

State of Louisiana v. Calvin Horton

Shreveport, Louisiana - Criminal defense lawyer represented defendant Calvin Horton charged with simple burglary of an inhabited dwelling, in violation of La. R.S. 14:62.2, and adjudicated a second-felony habitual offender.



Horton had a 2015 conviction of simple burglary of an inhabited
dwelling at the time of the commissi... More...
   $0 (11-21-2020 - LA)

State of Louisiana v. Calvin Horton

Shreveport, Louisiana - Criminal defense lawyer represented defendant Calvin Horton charged with simple burglary of an inhabited dwelling, in violation of La. R.S. 14:62.2, and adjudicated a second-felony habitual offender.



Horton had a 2015 conviction of simple burglary of an inhabited
dwelling at the time of the commissi... More...
   $0 (11-21-2020 - LA)

UPPER POND CREEK VOLUNTEER FIRE DEPARTMENT V. RONNIE KINSER AND AMANDA KINSER

Frankfort, KY - Professional Negligence lawyer represented defendant Upper Pond Creek Volunteer Fire Department, Inc. with appealing an order of the Pike Circuit Court, in which the trial court denied Pond Creek’s motion to dismiss a portion of its claims until material facts could be developed in discovery.




On the morni... More...
   $0 (11-21-2020 - KY)

HS FINANCIAL GROUP, LLC v. TERRI HINCHEE

Dayton, Ohio - Consumer bankruptcy lawyer represented defendant Terri Hinchee with appealing from a summary judgment rendered in favor of Plaintiff-Appellee, HS Financial Group, LLC (“HSFG”). According to Hinchee, the trial court erred in granting summary judgment because the affidavit that HSFG submitted was unauthenticated and inadmissible as evidence.

More...   $0 (11-18-2020 - OH)

United States of America v. Iliganoa Theresa Lauofo

Seattle, Washington wire fraud charge criminal defense lawyer represented Iliganoa Theresa Lauofo, who was charged with fraud, aggravated identity theft, and embezzlement of mail by a postal employee. Defendant illegally collected more than $276,000 over the course of a fraud scheme that began in 2011 and continued until 2018.

“This defendant was unrelenting in her efforts to defraud ... More...
   $0 (11-18-2020 - WA)

STATE OF OHIO vs. CORIE ULMER

Cincinnati, Ohio - Criminal defense lawyer represented defendant Corie Ulmer with delivery of appeals from the trial court’s judgment overruling his motion to suppress.




{¶1} Corie Ulmer appeals from the trial court’s judgment overruling his
motion to suppress. For the following reasons, we conclude that the trial cou... More...
   $0 (11-16-2020 - OH)

STATE OF OHIO vs. MICHAEL HOWARD

Cincinnati, OH - Criminal defense lawyer represented defendant Michael Howard charged with two counts of rape (oral and anal), and one count of felonious assault with a sexual motivation specification (failure to disclose his HIV status).



Ira Thompson testified that he met Howard in 2008. That same year,
the two engaged in... More...
   $0 (11-12-2020 - OH)

STATE OF SOUTH DAKOTA v. KEVIN ALLAN KRUEGER

Brookings, SD - Criminal defense lawyer represented defendant Kevin Krueger charged with first-degree murder.




[¶2.] Law enforcement officers in Beadle County had been searching
unsuccessfully for Keith Houck during late May and early June of 2016, for reasons
unrelated to this case. On June 2, 2016, local reside... More...
   $0 (11-07-2020 - SD)

State of North Dakota v. Kimberly Long

Mandan, ND - Criminal defense lawyer represented defendant Kimberly Long with appealing from a criminal judgment entered following her conditional guilty plea to refusal to submit to a chemical test.



The facts of this case are not in dispute. On September 8, 2019, a
highway patrol trooper found Long unconscious in the dri... More...
   $0 (11-06-2020 - ND)

STATE OF NEW MEXICO v. BRADLEY TORRES

Albuquerque, NM - Criminal defense lawyer represented defendant BRADLEY TORRES with arguing that the district court erred in concluding that any error in the arresting officer’s use of the word “nystagmus” during his testimony describing Defendant’s performance on the field sobriety tests (FSTs) was harmless. [MIO 2-3] Defendant contends that the word “ny... More...   $0 (10-31-2020 - NM)

David C. Morgan v. The State of Texas

Fort Worth, TX - Criminal defense lawyer represented defendant David C. Morgan charged with Driving While Intoxicated.



A. The Collision and Arrest
Mailman Dang Dan Do was delivering mail on February 12, 2018, at roughly
8:00 p.m., when Morgan struck Do’s mail van with his SUV. The collision caused
Do’s van to st... More...
   $0 (10-27-2020 - TX)

Calynn Michelle Refuge v. The State of Texas

Houston, TX - Criminal defense lawyer represented defendant Calynn Michelle Refuge charged with third-degree felony offense of theft of property valued equal to or greater than $30,000 but less
than $150,000.




This case involves $30,000 missing from a bank vault. Refuge’s amended
indictment charged her with theft of cash “of th... More...
   $0 (10-24-2020 - TX)

United States of America v. Arapaho James Oldman

Arapaho James Oldman and Matthew Whiteplume severely beat Charles Dodge
III. One of them cut his throat. Mr. Dodge died from blunt-force trauma and/or sharpforce
injuries.
2
A grand jury charged Mr. Oldman with first-degree murder as both a principal and
an aider and abettor. At trial, the district court refused his request for a lesser-included
offense instruction on assau... More...
   $0 (10-21-2020 - WY)

STATE OF TENNESSEE v. RICHARD JOSEPH DURICK

Little Rock, AR - Criminal defense lawyer represented defendant Richard Joseph Durick charged with one count each of attempted aggravated sexual exploitation of a minor and attempted sexual exploitation of a minor in exchange for an effective sentence of three years.





In July 2018, the Williamson County Grand Jury issued an indictm... More...
   $0 (10-19-2020 - TN)

State of Tennessee v. Gil Jackson Groseclose

Blountville, TN - Criminal defense lawyer represented defendant Gil Jackson Grosec lose charged with driving under the influence (DUI) and DUI second offense.



In October 2017, the Sullivan County Grand Jury returned a presentment charging
the Appellant with DUI; DUI, per se; and DUI, second offense. The Appellant filed a
10/15/2020... More...
   $0 (10-18-2020 - TN)

State of Tennessee v. Carl Allen

Memphis, Tennessee - Criminal defense lawyer represented defendant Carl Allen charged with multiple theft and burglary charges.




At the guilty plea hearing, the prosecutor read aloud each charge, the agreed
sentence for each charge, and whether the sentence was to be served consecutively or
concurrently. Due to Defendant’s parti... More...
   $0 (10-17-2020 - TN)

Brandon Harris v. State of Tennessee

Memphis, Tennessee - Criminal defense lawyer represented defendant Brandon Harris charged with especially aggravated robbery, reckless endangerment, and three counts of assault.



This appeal stems from the shooting and robbery of Antoine Hawkins, and the
related assaults of Michael Reynolds, Johnnie Morgan, and Antonio Hawkins. A jury
... More...
   $0 (10-17-2020 - TN)

In the Interest of J.K., a Minor: Merle Glenn Kirkley v. Jackson County Department of Child Protection Services and J.L.M.K., a Minor, by and through his Next Friend, LaQuita Reed

Pascagoula, MS - Custody lawyer represented Merle Kirkley with appealing the termination of his parental rights.




¶2. Kirkley and Cierra Cavanagh had a child, “John,” who was born in November 2014.

On April 17, 2015, a social worker for the Jackson County Department of Child Protection
Services (CPS) conducted a welfare che... More...
   $0 (10-17-2020 - MS)

Logan Marquies Newsome v. The State of Texas

Bryan, TX - Criminal defense lawyer Lane D. Thibodeaux represented defendant Logan Marquies Newsome charged with arson.



On October 25, 2015, a fire started in the apartment closet of Newsome’s on-again,
off-again girlfriend (“Girlfriend”). The fire did extensive damage an... More...
   $0 (10-13-2020 - TX)

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