This case arises from an early morning shooting that took the life of Efren Gonzalez. On
March 22, 2014, Efren and two of his friends, Matthew Scarbrough and Ernesto Sapien, were at a
bar celebrating another friend’s birthday. They left the bar when it closed, and proceeded to walk
home. As they crossed a street, they saw an on-coming silver mini-van. By Matthew’s account,
... More...   $0 (08-03-2018 - TX)

Appellant Aaron Michael Franks appeals his conviction and sentence for driving
while intoxicated, second offense. The clerk’s record was due April 4, 2018 but was not
filed because appellant failed to make payment arrangements. On May 15, 2018, we
remanded the cause to the trial court to determine, among other things, whether appellant
was entitled to have the appellate reco... More...   $0 (08-03-2018 - TX)

Despite the prevalence of “do-it-yourself” manuals and television shows, most
homeowners eventually decide that some home repairs or maintenance would best be
done by hiring someone to do the work. Inevitably, some workers are injured. There are
sometimes confusing rules about when a homeowner is liable for injuries to workers on
the property, either in tort or under the workers’ c... More...   $0 (08-03-2018 - CA)

Plaintiff consumer Yvette Vangorden sued defendant debt
collector Second Round, Limited Partnership (“Second Round”), for
violating the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C.
§ 1692 et seq., by sending her a letter representing that she still owed
money on a debt that she had settled five years earlier, and requesting
17‐2186‐cv
Vangorden v. Sec... More...   $0 (08-02-2018 - NY)

When an employee resigns without notice, California law requires the employer to
pay all wages within 72 hours. (Lab. Code § 202, subd. (a)1
.) If the employer willfully
fails to do so, the employee’s wages continue as a penalty from that due date until the
wages are paid, for up to 30 days. (§ 203.) This case considers an award of these
“waiting time” penalties, as well as an ... More...   $0 (08-02-2018 - CA)

On direct appeal, our supreme court summarized the proof adduced at the Petitioner’strial as follows:
In the early morning hours of September 6, 2001, Deputy Sheriff Donald Kenneth Bond, Jr., of the Hamilton County Sheriff’s Department was shot to death while on duty
patrolling the East Brainerd area of Chattanooga. In October 2001, a Hamilton County grand jury indicted [the Petitioner] f... More...   $0 (08-01-2018 - TN)

In 2003, a Lewis County Circuit Court Jury convicted the Petitionerof four counts of rape of a child. At trial, the then ten-year-old male victim testified that the Petitioner was his mother’s boyfriend and lived with them at the time of the crimes. State v. William Darryn Busby, No. M2004-00925-CCA-R3-CD, 2005 WL 711904, at *1 (Tenn. Crim. App. at Nashville, Mar. 29, 2005), perm. app. denied, (... More...   $0 (08-01-2018 - TN)

This appeal addresses the circumstances under which a safety consultant retained
by a California employer owes a duty of care to the employer’s workers. California
recognizes the common law theory of negligent undertaking, which is described in
section 324A of the Restatement Second of Torts (section 324A). Our Supreme Court set
forth the five elements of a negligent undertaking ca... More...   $0 (07-31-2018 - CA)

Wright was arrested on December 1, 2013, and charged with driving under the influence of alcohol; refusing a PBT; and multiple traffic infractions. He posted bond and was released the following day.

Wright pled not guilty to all counts at his December 19, 2013 arraignment, and the court scheduled a "no go court trial" for January 16, 2014. On that date, Wright requested a jury trial an... More...   $0 (07-28-2018 - KS)

This appeal arises from two criminal convictions for separate fraud schemes. The two cases will be referred to as the “2009 case” and the “2012 case,” corresponding to when indictments in the cases were issued. As a result of Turner’s behavior, both cases had circuitous routes to trial, marked by the defendant’s requests for multiple continuances, his complaints about and changes to his counsel ... More...   $0 (07-27-2018 - CA)

In 2013, a federal grand jury indicted Lorene Chittenden for originating and
submitting fraudulent mortgage loan applications.1 At the government’s request, the
district court restrained nearly all of Chittenden’s assets pending the outcome of the
charges. After a seven-day trial, a jury convicted Chittenden of one count of conspiracy to
commit bank and mail fraud, under 18 U... More...   $0 (07-27-2018 - NY)

The following facts are adduced from the record of appellant’s jury trial.
{¶3} Appellant is the brother of Janeann Whitman. On November 28, 2016,
appellant was living in an upstairs bedroom in Janeann’s residence on Hursh Place
Northwest in the city of Canton. Janeann’s niece, Kendra Brabazon, also lived at the
residence with her two small children. Kendra was staying at th... More...   $0 (07-25-2018 - OH)

{¶1} Defendant-Appellant Donald A. Franklin, Jr., appeals from the decision of
the Court of Common Pleas, Stark County, which resentenced him, pursuant to R.C.
2929.191, on his 2003 felony convictions. Appellee is the State of Ohio. The relevant facts
leading to this appeal are as follows.
{¶2} On November 26, 2003, appellant was sentenced by the Stark County Court <... More...   $0 (07-25-2018 - OH)

The law firm of Crowell & Moring (Crowell) was vicariously disqualified
from this insurance coverage action based on a newly-hired, but disqualified discovery
associate in a geographically distant office. Then, while the disqualification appeal was
pending in this court, the associate left Crowell. At that point, Kirk v. First American
Title Ins. Co. (2010) 183 Cal.App.4th 776 (Kir... More...   $0 (07-25-2018 - CA)

We are presented in this appeal with the following question: is a letter written by a public employee, seeking a reduced sentence for his relative, speech on a matter of public concern for the purposes of a First Amendment Garcetti/Pickering inquiry. See Garcetti v. Ceballos, 547 U.S. 410 (2006); Pickering v. Bd. of Educ., 391 U.S. 563 (1968). We conclude that it is. Accordingly we reverse the dis... More...   $0 (07-24-2018 - OK)

The plaintiffs in these consolidated appeals each settled a claim under their
automobile-insurance policies with the defendants. But now the plaintiffs maintain
that the defendants illegally reduced their settlement offers by taking into account
certain benefits they had previously paid the plaintiffs. The district courts dismissed
the plaintiffs’ putative class-action lawsuits aft... More...   $0 (07-24-2018 - CO)

In his first issue, appellant contends that the evidence was legally insufficient to support
his conviction for continuous sexual abuse of a child under fourteen. To commit that offense, a
person over the age of seventeen years would have to engage in two or more acts of sexual abuse
during a period of thirty days or more while the child was under the age of fourteen. TEX. PENAL More...   $0 (07-23-2018 - TX)

While out on bond, Brice Grizzle pleaded guilty in case No. 16 CR 125. About a month and a half later, he was arrested and charged in case No. 17 CR 05. While in jail, the district court sentenced him to prison in 16 CR 125, but he stayed in jail awaiting resolution of 17 CR 05. Several months later, he pleaded guilty in 17 CR 05, and the district court sentenced him to probation and awarded him ... More...   $0 (07-22-2018 - KS)

This case concerns problems with the construction of a press box at the University of Kansas (KU) Memorial Stadium almost 20 years ago. It now comes before this court for a third time. On the first appeal, the court held that Building Erection Services Company, Inc. (BESCO), one of the subcontractors on the project, was contractually obligated to indemnify Walton Construction Company, Inc. (Walton... More...   $0 (07-22-2018 - KS)

Following trial on The
Patriot Group, LLC's ("Patriot") adversary complaint requesting
denial of the discharge in bankruptcy of Steven Fustolo's
("Fustolo") debt, the bankruptcy court allowed Patriot's motion to
amend its pleadings and denied Fustolo's discharge pursuant to the
newly added claim. Fustolo seeks reprieve from his encumbrance,
imploring us to reverse the bankr... More...   $0 (07-22-2018 - MA)

In 1999, Petitioner was involved in the murder of two victims. State v. Steve Skinner (Skinner I), No. W2003-00887-CCA-R3-CD, 2005 WL 468322 at *1 (Tenn. Crim. App. Feb. 28, 2005), perm. app. denied (Tenn. June 27, 2005). During the course of the trial, the jury found that Petitioner, along with Marcus Boyd, Calvin Wardlow, Calvin Boyd, and Michael Brown, conspired to murder the victimsafter theyl... More...   $0 (07-21-2018 - TN)

A Montgomery County jury convicted the Petitioner of two counts of facilitation of aggravated robbery, one count of aggravated burglary, one count of facilitation of theft
07/20/2018
-2
of property over $500, and one count of aggravated sexual battery. On direct appeal, this court summarized the evidence presented at the Petitioner’s August 2012 trial as follows: [K.M.]1 testified t... More...   $0 (07-20-2018 - TN)

On January 17, 2006, Zak was seriously injured when the car in which she was a passenger struck a semi tractor-trailer that had been wrecked approximately one hour earlier by Brown, a driver employed by Hunt. J.B. Hunt Transp., Inc. v. Guardianship of Zak, 58 N.E.3d 956 (Ind. Ct. App. 2016), trans. denied. On October 26, 2006, the Guardianship filed a complaint against the Appellants, alleg... More...   $0 (07-20-2018 - IN)

Roland Critchfield slipped and fell on the wet, soapy bathroom floor of a
Buffalo Wild Wings Bar & Grill (“Buffalo Wild Wings”) in Sandy, Utah.
Critchfield brought suit against Blazin Wings, Inc. (“Blazin”), the parent
company of Buffalo Wild Wings, asserting injuries he suffered in the slip-and-fall
*This order and judgment is not binding precedent except under the
doctrines o... More...   $0 (07-19-2018 - UT)