Daubert Law
 
ALFRED IVEY, JR. V. COMMONWEALTH OF KENTUCKY

Ivey was in a long-term sexual relationship with his half-sister, Novina
Peel.' They lived together in Hardin County, Kentucky, from 1994 to 2007. Peel
had a daughter, Karen, 2 from a previous relationship.
1 They shared the same father, Alfred Ivey, Sr.
2 We refer to the daughter with a pseudonym to protect her identity.
In 2003, when Karen was thirteen years old, she ... More...
   $0 (02-19-2016 - KY)

Jeremy Dion Washington v. The State of Texas

A jury convicted Jeremy Dion Washington of the offense of unlawfully
carrying a handgun while a member of a criminal street gang. The court assessed
his punishment at one year’s confinement in county jail, then suspended the sentence
and placed Washington on community supervision for two years. In two issues,
Washington argues that the trial court erred by: (1) allowing an offi... More...
   $0 (02-11-2016 - TX)

Michael Rupert v. Ford Motor Co

Because we write for the parties who are familiar with the factual and procedural
history of this case, we provide only the background necessary to our conclusions.3
We review the district court’s decisions regarding the admissibility of expert
evidence for abuse of discretion.4 In contrast, we review its grant of summary judgment
de novo,5 “applying the same standard”6 as i... More...
   $0 (01-31-2016 - PA)

BOSSE v. STATE OF OKLAHOMA

Shaun Michael Bosse was tried by jury and convicted of Counts I, II and III, First Degree Murder in violation of 21 O.S.Supp.2009, § 701.7(A); and Count IV, First Degree Arson in violation of 21 O.S.2001, § 1401(A), in the District Court of McClain County, Case No. CR-2010-213. For each of Counts I-III, the jury found that Bosse knowingly created a great risk of death to more than one person, that... More...   $0 (01-25-2016 - OK)

Arthur v. Commissioner of Correction

Upon a grant of certification to appeal, the petitioner, Johnnie Arthur, appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. On appeal, the petitioner claims that the habeas court’s decision should be reversed because that court erred by not concluding that the petitioner’s trial counsel, Attorney Lawrence Hopkins, rendered ineffective assistanc... More...   $0 (01-19-2016 - CT)

State Of Nebraska v. Smith

Smith and Jennifer Smith met and began dating in April 2004. In late April or May, Smith moved into Jennifer’s apartment in Council Bluffs, Iowa, with Jennifer and her two daughters, S.D. and A.L., who were 9 and 6 years old at the time. Smith and Jennifer were married in June 2004. They conceived a son, who was born in September 2010. On August 6, 2013, Child Protective Services received a child ... More...   $0 (01-15-2016 - NE)

United States of America v. James Robert Carlson

Carlson was the owner and operator of the Last Place on Earth (Last Place), a head shop in Duluth, Minnesota which sold synthetic drugs from 2010 until 2012. Both Haugen, Carlson's domestic partner, and Carlson's son Gellerman worked at the shop. As store clerks, Gellerman and Haugen received shipments of misbranded synthetic drugs from Last Place suppliers and sold such products to customers. H... More...   $0 (01-14-2016 - MN)

U.S. v. THOMAS

On 25 December 2010, Specialist (SPC) DS, traveled with her boyfriend, Staff Sergeant (SSgt) RC, to visit his family for Christmas.3 SPC DS and SSgt RC arrived in the afternoon and began socializing, eating food and drinking alcohol with the appellant and his wife. SPC DS remembered drinking wine and hard liquor, but could not recall exactly how much she had to drink. According to SPC DS, at ... More...   $0 (01-14-2016 - DC)

State Of New Mexico v. Ferran

Defendant was convicted of two counts of first degree murder for the February
28, 2011, killings of Joey Maestas (Maestas) and Sara Salazar (Salazar) in Rio Arriba
County. He was also convicted of tampering with evidence for the destruction by fire
3 of the vehicle in which the bodies were found. The jury convicted Defendant based
4 largely on circumstantial evidence showing that D... More...
   $0 (01-05-2016 - NM)

United States v. Litvak


The charges in this case arise from Litvak’s conduct as a 4  
securities broker and trader at Jefferies & Company (“Jefferies”), a 5  
global securities broker‐dealer and investment banking firm.1   6  
In January 2013, the government filed an indictment charging 7  
Litvak with eleven counts of securities fraud, see 15 U.S.C. §§ 78j(b), 8  
78ff (Counts 1–11), one c... More...
   $0 (01-03-2016 - CT)

State Of Vermont v. Leo Paul Pratt II

Defendant appeals his conviction in Addison Superior Court on
the grounds that the court erred by: (1) admitting the victim’s out-of-court statements under
Vermont Rule of Evidence 804a; (2) admitting expert testimony under Vermont Rule of
Evidence 702; and (3) coercing a jury verdict. We affirm.
¶ 2. Defendant was charged with aggravated sexual assault of a minor under the a... More...
   $0 (01-01-2016 - VT)

State Of Vermont v. Leo Paul Pratt II

Defendant was charged with aggravated sexual assault of a minor under the age of
thirteen in violation of 13 V.S.A. § 3253(a)(8). The victim, T.B., was twelve years old at the
time of the incident that gave rise to this case. Evidence presented at trial demonstrates the
following. On November 14, 2012, T.B. arrived home from school and was alone in the house
with defendant, ... More...
   $0 (12-31-2015 - VT)

United States v. Tenorio

The Bureau of Indian Affairs began investigating Daniel Tenorio based on
sexual abuse allegations by Tenorio’s sixteen-year-old niece. The niece claimed
that Tenorio touched her intimately, and frequently made unwanted sexual
comments to her. Special Agent Travis LeBeaux interviewed the niece, two of
her sisters, and her nephew. Agent LeBeaux later interviewed Tenorio, who denied... More...
   $0 (12-29-2015 - NM)

TAMMY DILLARD V. COMMONWEALTH OF KENTUCKY

Appellant Tammy Dillard entered a conditional guilty plea to Failure of
Owner to Maintain Required Insurance/ Security and received a two year
sentence, conditionally discharged, with "restitution to be determined." The
restitution issue arose when Dillard, while driving her uninsured vehicle,
collided with another vehicle, allegedly causing $3,600 in damages. Before the
J... More...
   $0 (12-27-2015 - KY)

United States v. Litvak

The charges in this case arise from Litvak’s conduct as a securities broker and trader at Jefferies & Company (“Jefferies”), a 
global securities broker‐dealer and investment banking firm. In January 2013, the government filed an indictment charging 7  
Litvak with eleven counts of securities fraud, see 15 U.S.C. §§ 78j(b), 78ff (Counts 1-11), one count of fraud against the United St... More...
   $0 (12-25-2015 - CT)

State Of Nebraska v. Rothenberger

The record before us does not contain the original complaint filed against Rothenberger. On July 9, 2013, the State filed a two-count amended complaint charging Rothenberger with driving under the influence of drugs or alcohol (DUI), second offense, in violation of Neb. Rev. Stat. § 60-6,196 (Reissue 2010) (count I), and refusing to submit to a chemical test in violation of Neb. Rev. Stat. § 60-6,... More...   $0 (12-23-2015 - NE)

Bradley v. Sugarbaker

After experiencing shortness of breath and persistent pain in her right arm and wrist following a 2002 car accident,
Mrs. Bradley underwent magnetic resonance imaging ("MRI") in November 2004. The MRI revealed a mass at the top of Mrs.
Bradley's right lung that her physician feared was cancer. After learning the results of the MRI, Mrs. Bradley was scheduled for a positron emission tom... More...
   $0 (12-20-2015 - MA)

Commonwealth v. Cole

A Superior Court jury convicted the defendant,
Leslie M. Cole, of the murder in the first degree of Rudolph
Santos (victim) on theories of deliberate premeditation, extreme
atrocity or cruelty, and felony-murder, in violation of G. L.
2
c. 265, § 1.1 On appeal, the defendant contends that (1) the
trial judge erred by admitting in evidence unredacted medical
re... More...
   $0 (12-19-2015 - MA)

J.C. Carter v. St. John Medical Center, Inc.

Tulsa, OK - J.C. Carter sued St. John Medical Center, Inc. on a medical negligence (medical malpractice) theory claiming:

1. The Plaintiff is a resident of Tulsa County. The Defendant is a corporation with its principal place of business in Tulsa, and operates a not for profit hospital.
2. On July 5, 2005, the Plaintiff was a patient at the defendant hospital. One of the employees of ... More...
   $0 (12-09-2015 - ok)

USA v. Picanso et al

On October 23, 2015, the Court held a hearing on three motions filed by defendants: (1)
Motion to Exclude Government’s Expert, I.T. and Law Enforcement Testimony (Doc. 478); (2)
Motion to Exclude and/or Limit Expert Testimony (Doc. 479); and (3) Amended Motion to
Exclude Government’s Analogue Expert Testimony (Doc. 484). The government filed its
Response in Opposition to thes... More...
   $0 (12-03-2015 - )

Glossip v. Gross

After Oklahoma adopted lethal injection as its method of execution, it used a three-drug protocol of sodium thiopental (a barbiturate) to induce a state of unconsciousness; a paralytic agent to inhibit all muscular-skeletal movements; and potassium chloride to induce cardiac arrest. In 2008 the Supreme Court held that that protocol did not violate the Eighth Amendment’s prohibition against cruel a... More...   $0 (11-30-2015 - DC)

Canal Insurance Company v. Montello, Inc.

In this appeal arising out of a declaratory judgment action,
Defendant/Third-Party Plaintiff/Appellant Montello, Inc. appeals from a final
judgment in favor of various insurers including Plaintiff-Appellee Canal
Insurance Co., Third-Party Defendants/Appellees Continental Casualty Co.,
Houston General Insurance Co., and Scottsdale Insurance Co. Our jurisdiction
arises under 28 U... More...
   $0 (11-27-2015 - OK)

USA v. AL Power Company, et al

The motion states that it is brought pursuant to 28 U.S.C. § 455(a), (b)(4), and (b)(5)(iii) and
that recusal is mandatory under those provisions. Accordingly, I will limit my discussion to the facts
and the law relevant to the Government’s motion, as framed. The facts, as laid out by the Government’s brief, are these: The motion was filed by the United States Environmental Protection A... More...
   $0 (11-21-2015 - AL)

Bassem Youssef v. Federal Bureau of Investigation, et L.

Plaintiff Bassem Youssef (“Plaintiff” or “Youssef”), a former employee of the Federal Bureau of Investigation (“the FBI”), brings this action against the United States Attorney General
(“Defendant”) under Title VII of the Civil Rights Act of 1964 (“Title VII”). On July 25, 2011, Youssef, an Egyptian-born American citizen, filed suit, asserting two claims—one sounding in
discrimination a... More...
   $0 (11-14-2015 - DC)

Shaun Michael Bosse v. State of Oklahoma

Shaun Michael Bosse was tried by jury and convicted of Counts I, II and III, First Degree Murder in violation of 21 O.S.Supp.2009, § 701.7(A); and Count IV, First Degree Arson in violation of 21 O.S.2001, § 1401(A), in the District Court of McClain County, Case No. CR-2010-213. For each of Counts I-III, the jury found that Bosse knowingly created a great risk of death to more than one person, that... More...   $0 (10-26-2015 - OK)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher