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Recent Verdicts and Judgments
United States of America v. Nicolas Alfonso Padron and Jose L. Martinez

DALLAS, TX — Physician and Others Sentenced in “Pill Mill” Case -Nicolas Padron Ran “Cash Only” Padron Wellness Clinic in Dallas “Patients” Often Recruited From Homeless Shelters

A physician who ran a “cash only clinic” in Dallas that operated not as a legitimate medical facility, but as a place to unlawfully obtain controlled substances, and several coconspirators who o ... More
   $0 (10-30-2014 - TX)

Irma Amalia Salazar Saenz and Irma G. Saenz v. Kaila Marie Coronado

Appellants, Irma Amalia Salazar-Saenz and Irma G. Saenz, sued appellee, Kaila
Marie Coronado, alleging negligence arising out of a motor vehicle accident in December
2011. After a trial, the jury awarded damages to Salazar-Saenz, and awarded nothing to
Saenz. By one issue, appellants challenge the trial court’s judgment alleging that it
erroneously limited cross-examination of Co ... More
   $0 (10-30-2014 - TX)

Trisha Wakat Shafer v. Jack Newton Shafer

Appellant Trisha Wakat Shafer appeals from the trial court’s September 7, 2012 order denying her petition to modify the parent-child relationship. In two points of error, Trisha argues that the trial court abused its discretion by denying her right to a jury trial and by refusing to grant her motion for continuance. We affirm.
2
I. Factual Background
Trisha and Jack Shafer divorced i ... More
   $0 (10-30-2014 - TX)

Alejandro Hernandez and Edith Roman v. Enrique Gallardo

Edith Roman owned a home in El Paso, Texas, but the lender foreclosed on the property in 2005.1 Enrique Gallardo bought the property at a foreclosure sale. In the pleadings, Roman asserts that she had an agreement with Gallardo that she could continue to reside in the home as a tenant and she could buy back the home when her financial condition improved. Alejandro
1 The factual summary is deri ... More
   $0 (10-30-2014 - TX)

Kenneth Ray Turner v. The State of Texas

Kenneth Ray Turner appeals his convictions for possession of cocaine with the intent to
deliver in cause number 05-13-01486-CR and unlawful possession of a firearm by a felon in
cause number 05-13-1487-CR. A jury convicted Turner, and the trial court sentenced him to
thirty-five years’ imprisonment for the possession of cocaine with intent to deliver and ten years’
imprisonment ... More
   $0 (10-30-2014 - TX)

Christopher Walker v. The State of Texas

A jury convicted Christopher Walker of second degree felony aggravated assault. Following punishment testimony, the trial court made affirmative deadly weapon and family violence findings and assessed a twenty-year sentence. Walker contends the trial court erred in making an “implied” deadly weapon finding. Concluding the finding was proper, we affirm the trial court’s judgment.
I. BACKG ... More
   $0 (10-30-2014 - TX)

Justin Michael Kriss v. The State of Texas

A jury convicted Justin Michael Kriss of misdemeanor driving while intoxicated (DWI). See TEX. PENAL CODE ANN. § 49.04 (West 2011). The trial court assessed punishment of ninety days’ confinement and a fine of $1,000, probated the term of confinement, and placed Kriss on community supervision for eighteen months. In three issues, Kriss argues (1) his right to confront the witnesses against him ... More   $0 (10-30-2014 - TX)

The State of Texas for the Best Internet and Protection of E.M.

E.M. appeals from a judgment of commitment for temporary inpatient mental health
services. In two issues, appellant asserts that (1) the trial court lacked personal jurisdiction, and
(2) the evidence is legally and factually insufficient to establish any of the criteria necessary for
court-ordered mental commitment. We overrule appellant’s issues and affirm the trial court’s
ju ... More
   $0 (10-30-2014 - TX)

Bill Miller Bar-B-Q Enterprises Ltd. v. Faith H. Gonzales

Bill Miller Bar-B-Q Enterprises, Ltd. challenges the trial court’s award of attorney’s fees to Faith Gonzales, asserting: (1) the trial court erred in determining the amount of attorney’s fees to be awarded because a jury was required to determine the reasonableness of the amount of attorney’s fees to award; (2) if section 21.259 of the Texas Labor Code1 authorized the trial court to deter ... More   $0 (10-30-2014 - )

Laconte Troy Weldon v. The State of Texas

Appellant Laconte Troy Weldon was charged by information with Class A misdemeanor DWI as a second offender. A jury found Weldon guilty, the trial court assessed his punishment at one year of confinement in county jail, probated for eighteen months, and a $400.00 fine. Months later, after a hearing, the trial
2
court granted the State’s motion to revoke and assessed Weldon’s punishment. ... More
   $0 (10-30-2014 - TX)

Methodist Health Centers d/b/a Houston Methodist Sugar Land Hospital v. Patty Crawford and Harry Smith, Individually and as heirs of Jeanette Smith

Patty Crawford and Harry Smith sued Methodist Health Centers for medical malpractice in connection with its care for Jeanette Smith, their mother. Methodist moved to dismiss the suit on the ground that Crawford and Smith’s medical expert
2
report was inadequate. See TEX. CIV. PRAC. & REM. CODE ANN. § 74.351(b) (West Supp. 2014). The trial court denied the motion. Methodist appeals, cont ... More
   $0 (10-30-2014 - TX)

The City of Houston v. Downstream Environmental, L.L.C.

The City of Houston appeals from an interlocutory order denying its request to vacate a previously entered agreed order, which the City contends is a temporary injunction. We agree that it is a temporary injunction. Because it does not comply
2
with the requirements of the Rules of Civil Procedure, it is void. Accordingly, we reverse.
Background
For more than four years, the partie ... More
   $0 (10-30-2014 - TX)

Melissa Ford Bierwirth v. AH4R I TX, LLC

Melissa Ford Bierwirth appeals the county court’s final judgment granting AH4R I TX, LLC, possession of a residential property in Katy, Texas, after a bench trial. We affirm.
2
Background
In 2005, Bierwirth, then known as Melissa Ford, executed a promissory note and deed of trust granting Fieldstone Mortgage Company a security interest in a property located in Katy, Texas. The deed o ... More
   $0 (10-30-2014 - TX)

Doug Crownover and Karen Crownover v. Mid-Continent Casualty Company

Doug and Karen Crownover contracted with Arrow Development, Inc. (“Arrow”) to construct a house for them. Arrow performed defective work and then failed promptly to correct the work. The Crownovers spent a significant amount of money paying to correct the work themselves. An arbitrator found Arrow liable to the Crownovers for breaching its express warranty to repair non-conforming work and awa ... More   $0 (10-29-2014 - TX)

Paramjeet S. Malhotra v. Robert S. Steinberg

Paramjeet and Sunita Malhotra, a married couple, filed
this qui tam action under the False Claims Act, 31 U.S.C.
§§ 3729–3733. The district court held that it lacked subject
matter jurisdiction because the Act’s “public disclosure” bar
applies. We are asked to decide whether a deposition taken
by the Office of the United States Trustee triggered the bar
and, if so ... More
   $0 (10-29-2014 - WA)

United States of America v. Terry Lee Margheim

At the conclusion of a bench trial, Terry Lee Margheim was convicted of
five counts of an indictment, charging him with various drug- and firearm-related
offenses. He was sentenced to a term of 132 months’ imprisonment. Mr.
Margheim now challenges the validity of his conviction, claiming (1) that the
district court failed to comply with the requirements of the Speedy Trial Act of ... More
   $0 (10-29-2014 - CO)

United States of America v. Shaun Andrew Copenhaver

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced that Shaun Andrew Copenhaver (29, Jacksonville)pleaded guilty to receiving child pornography over the Internet. He faces a mandatory minimum penalty of 5 years, up to 20 years, in federal prison, and a potential life term of supervision. Copenhaver has been in custody since his arrest on February 6, 2014. A sentencing h ... More   $0 (10-29-2014 - FL)

United States of America v. Festus Frimpong

WILMINGTON, DE - Charles M. Oberly, III, United States Attorney for the District of Delaware, announced that Festus Frimpong, age 19, of Newark, Delaware, was sentenced today by the Honorable Leonard P. Stark, United States District Judge for the District of Delaware, to 46 months imprisonment and full restitution. The defendant pleaded guilty to violations of 18 U.S.C. § 286 (False Claims Consp ... More   $0 (10-29-2014 - )

United States of America v. Robert F. Fraser and Frank A. Rogers

PENSACOLA, FLORIDA - Teandre L. Altman, age 21, of Pensacola, pled guilty to participating in a home invasion on August 27, 2014, with Robert F. Fraser, age 26, and Frank A. Rogers, age 19, who pled guilty previously. The pleas were announced today by Pamela C. Marsh, United States Attorney for the Northern District of Florida.

The allegations leading up to the federal indictment began o ... More
   $0 (10-28-2014 - OK)

United States of America v. Rex E. Robinson

PENSACOLA, FLORIDA – Pamela C. Marsh, United States Attorney for the Northern District of Florida, announced today that three individuals have been sentenced to federal prison and two more have been indicted by a federal grand jury in the past months for their roles in related tax refund fraud and identity theft schemes.

Today, Rex E. Robinson, Jr., 29, of Cantonment, Florida, was sente ... More
   $0 (10-28-2014 - FL)

United States of America v. Shawn Fuentes

Fort Myers, Florida – U.S. District Judge John E. Steele yesterday sentenced Shawn Fuentes to five years in federal prison for mail fraud and tax evasion. The Court also ordered Fuentes to pay restitution to Naples Concrete and Masonry in the amount of $1,951,459, and to pay restitution to the IRS in the amount of $624,728. As part of her sentence, the court entered a money judgment in the amo ... More   $0 (10-28-2014 - FL)

United States of America v. Ernest Freeman

Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Ernest Freeman, Jr. guilty of 11 counts of theft of government money and 11 counts of aggravated identity theft. He faces a maximum penalty of 10 years in federal prison for each count of theft of government money, and a maximum penalty of two years in federal prison for each aggravated ident ... More   $0 (10-28-2014 - FL)

John Thorpe v. Borough of Jim Thorpe, et al.

Jim Thorpe, multi-sport Olympic gold medalist
(“Thorpe”), died in California in 1953 without a will.1 His
estate was assigned to his third wife, Patricia (“Patsy”),2 who
eventually buried him in what is now Jim Thorpe,
Pennsylvania (“the Borough”). Jim Thorpe, Pennsylvania
was a newly-formed borough that had been created from the
merger of the boroughs of Mauch ... More
   $0 (10-28-2014 - PA)

United States of America v. Frederick H.K. Baker

Rule 35(b), Fed. R. Crim. P., authorizes the district court, upon the Government’s
motion, to reduce a previously imposed sentence if the defendant, after sentencing,
provided substantial assistance to the Government in investigating or prosecuting another
person. Generally the Government must file a motion for a sentence reduction within the
year following sentencing. But Rule 3 ... More
   $0 (10-28-2014 - CO)

Wayne McDonald v. Leslie Branch Wise

Former mayoral appointee, Wayne McDonald, filed this action under 42
U.S.C. § 1983 and Colorado state law after he was terminated from his position
with the City of Denver based on the complaint of Officer Leslie Wise that he had
sexually harassed her. He sued the Mayor of Denver, the Mayor’s press
secretary, and the City and County of Denver for due process violations, breachMore
   $0 (10-28-2014 - CO)

United States of America v. David Haney

Hartford, CT - Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that DAVID HANEY, 53, of Marlborough, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 60 months of imprisonment, followed by three years of supervised release, for robbing five Connecticut pharmacies last year.

On November 22, 2013, HANEY was arrested on a crim ... More
   $0 (10-28-2014 - )

United States of America v. Brandon Lynn Barber

Fort Smith, Arkansas - Conner Eldridge, United States Attorney for the Western District of Arkansas, announced today that Brandon Lynn Barber, age 38, of New York, New York, was sentenced today to 65 months in prison and three years of supervised release for conspiracy to commit bankruptcy fraud, conspiracy to commit bank fraud, and money laundering. The Honorable P. K. Holmes, III presided over t ... More   $0 (10-28-2014 - )

United States of America v. Lacey Rae Moore

LITTLE ROCK, AR – Lacey Rae Moore, 44, pleaded guilty to intentionally starting fires at Forest Place Apartments, including one that destroyed an entire building, was sentenced to 16 years in prison and ordered to pay more than $12 million in restitution.

Today, the Honorable Billy Roy Wilson sentenced Moore to nine years on Count 4 and seven years on Count 7, and then ordered that sent ... More
   $0 (10-28-2014 - )

United States of America v. Artavis "Tav" Desmond McGowan

BIRMINGHAM, La - A Birmingham federal judge sentenced a Birmingham man to more than 23 years in prison for his role in a large-scale cocaine trafficking conspiracy, announced U.S. Attorney Joyce White Vance and Drug Enforcement Administration Assistant Special Agent in Charge Clay A. Morris.

U.S. District Judge R. David Proctor sentenced ARTAVIS “Tav” DESMOND MCGOWAN, 41, to 23 years ... More
   $0 (10-28-2014 - )

United States of America v. Matthew David Ayers and Patricia Allana Ayers

BIRMINGHAM, AL -- A federal judge today sentenced a Florence couple to hundreds of years in prison for exploiting and sexually abusing a minor child in their custody to produce images of child pornography, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein Jr.

U.S. District Judge L. Scott Coogler sentenced PATRICIA ALLANA AYERS, 34, to 1,590 years ... More
   $0 (10-28-2014 - AL)

United States of America v. Mark Edward Elliott

Montgomery, Alabama - Mark Edward Elliott (52), of Deatsville, Ala., was sentenced on October 15, 2014 to serve 210 months in prison, to be followed by 5 years of supervised release for conspiracy to distribute a controlled substance, announced U.S. Attorney George L. Beck Jr. for the Middle District of Alabama.

According to court documents, Elliot was the leader of a large methamphetamin ... More
   $0 (10-28-2014 - AL)

State of Oklahoma v. Jose Valentin Lira-Avalos

Enid, Garfield County, OK - The State of Oklahoma charged Jose Valentin Lira-Avalos with:

Count # 1.
Count as Filed: DI6AM, DRIVING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, SUBSEQUENT OFFENSE , in violation of 47 O.S. 11-902(A)(2)
Date Of Offense: 12/23/2011

Party Name: Disposition Information:

Defendant: LIRA-AVALOS, JOSE VALENTIN
Dispose ... More
   $0 (10-28-2014 - OK)

United States of America v. Ashish Sanon

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Ashish Sanon (51, Lecanto) pleaded guilty today to visa fraud. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set. Sanon has also agreed to forfeit assets, which specifically includes, but is not limited to, a money judgment in the amount of $250,000, representing the proceed ... More   $0 (10-27-2014 - FL)

Daniel Golodner v. Martin Berliner

Plaintiffs-appellees Daniel Golodner and Security Technology Systems (“STS”) brought
suit under 42 U.S.C. § 1983 alleging that the City of New London (“the City”) and two City
officials, defendants-appellants Martin Berliner and Robert Myers (“Appellants”), retaliated
against Golodner for exercising his rights under the First Amendment when he filed an earlier
lawsuit ... More
   $0 (10-27-2014 - CT)

State of Oklahoma v. Tyrone Jenkins

Tulsa, OK - The State of Oklahoma charged Tyrone Jenkins with:

Count # 1.
Count as Filed: OPJ, RECEIVING A BRIBE , in violation of 21 O.S. 382
Date Of Offense: 03/04/2014

TYRONE JENKINS, on or about 3/4/2014, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the crime of RECEIVING A BRIBE, a Felony, by unlawfully, feloniously, and ... More
   $0 (10-27-2014 - OK)

United States of America v. Warren Ballentine

CHICAGO, IL — An Illinois lawyer and Internet radio talk show host was convicted today on federal charges for engaging in two mortgage fraud schemes that defrauded lenders of a total of approximately $9.7 million. The defendant, WARREN BALLENTINE, schemed with others to obtain more than two dozen fraudulent mortgage loans and represented buyers at multiple closings, knowing that they were fraud ... More   $0 (10-27-2014 - IL)

United States of America v. Todd David Doughty

Milwaukee, WI - On October 20, 2014, Todd David Doughty (age: 50), owner of the “Thunderbird Game Farm” in Chilton, Wisconsin, was sentenced to five years probation, ordered to pay a $5,000 fine, and had his hunting, fishing and trapping privileges revoked for five years by Chief United States District Court Judge William C. Griesbach. Doughty had previously been convicted for a violation of t ... More   $0 (10-27-2014 - WI)

United States of America v. Gerald Archuleta

ALBUQUERQUE, NM – Gerald Archuleta, 43, of Ojo Caliente, N.M., pleaded guilty to conspiracy and mail fraud charges arising out of a scheme to defraud the federal and state unemployment insurance system. His co-defendant, Jasonn Gonzales, 41, an accountant from Velarde, N.M., previously entered a guilty plea to the same charges, as well as an identity theft charge, in Aug. 2014.

Archule ... More
   $0 (10-25-2014 - NM)

In re L.S., Jr., et al., Persons Coming Under the Juvenile Court Law.

J.S. (mother) and L.S. (father), parents of the minors, appeal from orders of the juvenile court denying their petitions for modification and terminating parental rights. (Welf. & Inst. Code, §§ 366.26, 388, 395 [further undesignated statutory references are to the Welfare and Institutions Code].) The parents contend the court applied the wrong burden of proof in denying their petitions for modi ... More   $0 (10-25-2014 - )

Brendon J. Lydon v. Local 103

Brendon Lydon believes that his union — Local 103 of the
International Brotherhood of Electrical Workers ("Local 103") —
runs its hiring hall in a discriminatory way, retaliated against
him for complaining about the discrimination, and breached its duty
of fair representation. So he sued Local 103 in district court,
alleging violations of several federal labor laws. Acting ... More
   $0 (10-24-2014 - MA)

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