Arson Law
 
Robert Coyle v. State of Indiana

Our memorandum decision in Coyle’s prior direct appeal for the charges in
Cause No. 36C01-0410-FA-46 (“Cause No. 46”), which was handed down on
April 10, 2007, instructs us as to the underlying facts leading to this post
conviction proceeding.
In 2004, Coyle was living in a residence in Seymour, Indiana with his girlfriend. In August of that year, the Seymour police, led by D... More...
   $0 (01-01-2017 - IN)

CHARLIE TUCKER v. THE STATE OF OKLAHOMA

Charlie Tucker was tried by jury and convicted of Count I, Assault and Battery with a Deadly Weapon in violation of 21 O.S.2011, § 652, and Count III, Obstructing an Officer (misdemeanor) in violation of 21 O.S.2011, § 540, all after former conviction of a felony, in the District Court of Cleveland County, Case No. CF-2012-2223.1 In accordance with the jury's recommendation the Honorable Tracy Sch... More...   $0 (12-29-2016 - OK)

STATE OF KANSAS v. JESSICA L. BROWN

Jessica L. Brown pled guilty to arson and three counts of criminal damage to property. A jury convicted her on an additional charge of aggravated assault with a deadly weapon. The district court granted 24 months' probation and ordered Brown to register as a violent offender under the Kansas Offender Registration Act (KORA). Brown appeals, arguing (1) there was insufficient evidence to support he... More...   $0 (12-28-2016 - KS)

STATE OF KANSAS v. JOSE MANUEL MARTINEZ-TORRES, a/k/a JOSE M. MARTINEZ

The incidents in this case took place on October 6, 2013, between Martinez and his common-law wife, M.H.C., after M.H.C. had obtained a temporary PFA order against Martinez.

On September 20, 2013, M.H.C. obtained the temporary PFA order against Martinez. The order prohibited all contact between the two and gave M.H.C. exclusive possession of their residence and business. The order grant... More...
   $0 (12-28-2016 - KS)

STATE OF KANSAS v. COREY MONTGOMERY

This matter returns to our court upon a remand order by the Supreme Court. On January 31, 2014, our court issued a memorandum opinion in this case affirming Corey Montgomery's conviction for aggravated burglary in violation of K.S.A. 2011 Supp. 21-5807(b). See State v. Montgomery, No. 108,164, 2014 WL 349558 (Kan. App. 2014) (unpublished opinion), rev. granted and remanded 304 Kan. 1020 (2016). <... More...   $0 (12-27-2016 - KS)

State of Nebraska v. Douglas M. Mantich

Mantich was convicted of first degree murder and use of a weapon to commit a felony in September 1994. The following factual recitation is from this court’s 2014 opinion vacating Mantich’s life sentence:
On December 5, 1993, a gathering was held to mourn the death of a “Lomas” gang member. Several members of the gang attended the party, including Mantich, Gary Brunzo, Daniel Eona, Juan Carrera... More...
   $0 (12-27-2016 - )

United States of America v. Jason Vanduyn, Brian Burd and Robert Warmoth

Rockford, IL - Three Rockford-Area Men Sentenced on Arson Conspiracy Charge

Three Rockford-area men have been sentenced for their roles in an arson conspiracy to use an explosive to damage a pickup truck.

Today, JASON VANDUYN, 41, of Machesney Park, was sentenced by U.S. District Judge Philip G. Reinhard to 151 months in federal prison, to be followed by three years of supervis... More...
   $0 (12-22-2016 - OK)

STATE OF IOWA vs. JAYDEN RAY CHAPMAN

The facts as presented at trial reflect that in the early morning hours of
March 10, 2014, Michael Schenk, Jayden Chapman, and Erika Dains met, used
methamphetamine, and rode in Schenk’s blue extended-cab truck to a farm
belonging to Marvin Huelsing with the intent to steal scrap metal. Dains testified
that while they were driving around the farm property collecting various it... More...
   $0 (12-21-2016 - IA)

Juan Jimenez v. The State of Texas

In the fall of 2013, Eric Nieto and appellant, who was twenty-four, had been
friends for approximately two years. Nieto and appellant knew each other’s families,
and appellant’s girlfriend would occasionally babysit Nieto’s two small children.
Nieto, his common-law wife Cynthia Salguero, their children, and Nieto’s brother
in-law David Arriola lived in the Greenridge townhomes... More...
   $0 (12-20-2016 - TX)

State of Tennessee v. Hayden Daniel Rutherford

Originally charged with two counts of aggravated kidnapping and one count of aggravated robbery, all Class B felonies, the 18-year-old defendant pleaded guilty to a single count of the lesser included offense of robbery, a Class C felony, in exchange for a six-year sentence with the manner of service of the sentence to be determined by the trial court. The summary of facts provided by the State a... More...   $0 (12-15-2016 - TN)

Cody Mikework v. State of Indiana

During the early morning of January 21, 2015, Mikeworth broke a window at
the Weist Building in Fowler, Benton County, Indiana. He then reached
inside, spilled an accelerant on the floor, and started a fire. The Benton County
prosecutor’s office was housed inside of the Weist Building, and Mikeworth
started the fire with an intent to thwart the proceedings of his child suppor... More...
   $0 (12-13-2016 - IN)

Commonwealth of Virginia v. James Travis Moore

Martinsville, VA - Jury Convicts Man of First-Degree Murder

The Commonwealth of Virginia charged James Moore with first-degree murder and use of a firearm to commit murder for killing Noel Navarro-Pena, age 33, and Alfonso Navarro-Pena, age 40, in June of 2014. Noel was found dead lying near a pickup in a parking lot near the main gate to the Smith River Sports Complex. Alfonso was found ... More...
   $0 (12-08-2016 - VA)

UNITED STATES OF AMERICA v. ROGER REDRICK

Appellant pleaded guilty to being a felon in unlawful possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Under the Armed Career Criminal Act (the “Act”), a felon so convicted is subject to a mandatory minimum of fifteen years imprisonment if he was previously convicted of three charges of either “violent felonies” or “serious drug offenses.”1 The plea agreement recognized that appel... More...   $0 (12-04-2016 - DC)

Paul Beasley Johnson v. State of Florida

In 1981, Paul Beasley Johnson was convicted of, among other crimes, three
counts of first-degree murder in the deaths of William Evans, Daryl Ray Beasley,
Jr., and T.A. Burnham. Johnson v. State, 438 So. 2d 774, 775-76 (Fla. 1983). We
affirmed Johnson’s convictions and death sentences on direct appeal. Id. at 780.
After the Governor signed a death warrant for Johnson, we gr... More...
   $0 (12-03-2016 - FL)

State of Oklahoma v. Joseph Richard Cyr

Oklahoma City, OK - Defendant Sentenced To Life In Prison For Fatal Stabbing of Woman and Fetus

The State of Oklahoma charged Joseph Richard Cyr, age 35, with two counts of first-degree murder in violation of 21 O.S. 701.1 for stabbing and killing Jaymie Adams, age 25, her unborn child.

Title 21 O.S. 701.1 provides:



A. A person commits murder in the first degre... More...
   $0 (12-02-2016 - OK)

State of Oklahoma v. Hao Trung Le

Tulsa, OK - Defendant Sentence To Life Without Parole On First-Degree Murder Charge

The State of Oklahoma charged Hao Trung Le, age 19, with first-degree murder in violation 21 O.S. 701.7 and accessory after the fact in violation of 21 O.S. 175 for his part in the shooting death of Cristal Gutierrez-Garza on April 30, 2015. Gutierrez-Garza was driving north on Houston street when she was... More...
   $0 (12-02-2016 - OK)

State of Oklahoma v. Cheyenne Mason Watts

Tahlequah, OK - Defendants Sentenced to 45 Years In Prison for Murder

The State of Oklahoma charged Cheyenne Mason Watts, age 24, with first-degree murder, robbery with a weapon, first-degree murder, attempted arson, larceny of an automobile and third-degree murder for robbing and killing 88-year-old Charley Kirk.

Investigators determined that the shot that killed the victim was ... More...
   $0 (12-02-2016 - OK)

STATE OF IOWA vs. MARGARITO OCPACO HERNANDEZ

Margarito Hernandez appeals following his Alford1 plea to third-degree
arson, three counts of child endangerment, and domestic abuse assault. The
court sentenced Hernandez to serve two years incarceration on the arson and
child-endangerment convictions, all to run concurrently, and one year on the
domestic-abuse charge, to run consecutively to the other sentences, for a total ... More...
   $0 (12-01-2016 - IA)

STATE OF SOUTH DAKOTAv. MARICELA DIAZ

On November 10, 2009, law enforcement officers and firefighters
responded to a vehicle fire in a wooded area of Hanson County near Mitchell, South
Dakota. After extinguishing the fire, they discovered a badly burned body in the
vehicle’s trunk, later identified as 16-year-old Jasmine Guevara. The autopsy
revealed that Guevara had been burned alive.
[¶3.] After trackin... More...
   $0 (11-24-2016 - SD)

Leon Davis, Jr. v. State of Florida

STATEMENT OF FACTS AND PROCEDURAL HISTORY
The Events at Headley Insurance
The evidence introduced at Davis’s trial revealed the following. Around
3 p.m. on December 13, 2007, Davis entered the Lake Wales location of the
Headley Insurance Agency (Headley) with the intent to commit robbery. Davis
was armed with a loaded .357 magnum revolver and equipped with duct tape, a <... More...
   $0 (11-21-2016 - FL)

THE PEOPLE OF THE STATE OF ILLINOIS v. ONAFFIA McFADDEN

This case involves an appeal from a conviction for unlawful use of a weapon by a felon (UUW by a felon). 720 ILCS 5/24-1.1(a) (West 2008). The conviction was based on defendant Onaffia McFadden’s possession of a firearm at a time when he had been convicted of aggravated unlawful use of a weapon (AUUW). The appellate court vacated the conviction for UUW by a felon based on this court’s decision in ... More...   $0 (11-20-2016 - Il)

State of Missouri v. Bryon Keith Creech

Tulsa, OK - Man Sentenced To Life In Prison Without Parole Killing Son

The State of Oklahoma charged Bryon Keith Creech with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Count # 2. Count as Filed: SWIK, SHOOTING WITH INTENT TO KILL, in violation of 21 O.S. 652
Count # 3. Count as Filed: KID, KIDNAPPING, in violation of 21 O.S. ... More...
   $0 (10-26-2016 - OK)

STATE OF KANSAS v. DOUGLAS S. BELT

Belt's challenges to his convictions based on the sufficiency of the evidence to support them necessitate a thorough review of the grisly evidence in this case. The victim in this case, L.G., was a housekeeper at a Wichita apartment complex. She and her live-in boyfriend, Chris Branch, were acquainted with Belt as former neighbors. On the morning of June 25, 2002, a manager at the complex w... More...   $0 (10-23-2016 - KS)

State of Oklahoma v. Hao Trung Le

Tulsa, OK - Defendant Convicted and Sentenced To Life In Prison Without Parole

The State of Oklahoma charged Hao Trung Le with first-degree murder in violation of 21 O.S. 701.7 which provides:

A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawful... More...
   $0 (10-22-2016 - OK)

Russell Brown v. State of Tennessee

On May 21, 2013, the petitioner was convicted by a Bradley County jury of first degree premeditated murder and aggravated arson, for which he received concurrent sentences of life and twenty years. His convictions were affirmed by this court on direct appeal, and our supreme court denied his application for permission to appeal. State v. Russell Brown, No. E2013-02663-CCA-R3-CD, slip op. at 1 (T... More...   $0 (10-21-2016 - TN)

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