Mandamus Law
 
Bogertman v. Attorney General of Massachusetts

In this appeal, we decide whether the Attorney
General properly certified an initiative petition that seeks to
amend G. L. c. 23K to authorize the Gaming Commission
(commission) to award one additional license for a slot machine
parlor. Article 48 of the Amendments to the Massachusetts
Constitution, which governs the process for presenting proposed
laws directly to M... More...
   $0 (06-29-2016 - MA)

In Re The State of Texas Ex Rel. Mark Skurka

Real party in interest Antonio Aguilera was indicted for aggravated assault as a
habitual felony offender and assault family violence with a prior conviction. See TEX.
PENAL CODE ANN. §§ 22.01, 22.02 (West, Westlaw through 2015 R.S.). During the
course of the case, the State discovered and produced recordings of more than 1,000
telephone calls made by Aguilera while he was in... More...
   $0 (06-17-2016 - TX)

State of Missouri vs. Kevin Ivory

Appellant Kevin Ivory (“Ivory”) appeals from the judgment of the trial court denying Ivory’s writ of mandamus. Ivory was convicted of first-degree murder and armed criminal action. On appeal, Ivory contends that the trial court erred in denying his writ of mandamus. ... More...   $0 (06-09-2016 - MO)

In re Gambling Devices and Proceeds

In February 2014, the Webb County Sheriff’s Office began an investigation of two
businesses (“Loop 20 Party Place” and “New Entertainment”) that were allegedly engaging in
gambling by paying their patrons cash payouts from electronic slot machines commonly known as
“eight liners.” During their investigation of these businesses, officers received cash payouts from
playing the ei... More...
   $0 (06-08-2016 - TX)

In Re: Sergio Gallardo

Relator, Sergio Gallardo, has filed a petition for writ of mandamus against the Honorable
Francisco X. Dominguez, Judge of the 205th District Court of El Paso, Texas, and the El Paso
County District Clerk. Relator contends that the District Clerk and the trial court have failed to
provide him with a free record for use in “perfection of appeal.” We deny mandamus relief.
A cou... More...
   $0 (06-05-2016 - TX)

Albert D. Moustakis v. State of Wisconsin Department of Justice

This is a review of a published decision of the court of appeals, Moustakis v.
Wisconsin Department of Justice, 2015 WI App 63, 364
Wis. 2d 740, 869 N.W.2d 788, affirming an order of the Circuit
Court for Lincoln County, Jay R. Tlusty, Judge.
¶2 The circuit court dismissed an action brought by Vilas
County District Attorney Albert Moustakis under Wis. Stat.
No. 201... More...
   $0 (05-31-2016 - WI)

STATE OF LOUISIANA Vs. SHERMAN SINGLETON

The district judge appointed the Orleans Public Defenders Office and
Derwyn Bunton, who is the District Defender, to act as counsel to Sherman
Singleton, a prisoner, in his pending post-conviction proceedings. Mr. Bunton
objected to the appointments on numerous grounds, filed a motion to withdraw,
and ultimately applied to us to exercise our supervisory jurisdiction to review ... More...
   $0 (05-25-2016 - LA)

UNITED STATES OF AMERICA v. FOKKER SERVICES B.V.

The Constitution allocates primacy in criminal charging decisions to the Executive Branch. The Executive’s charging authority embraces decisions about whether to initiate charges, whom to prosecute, which charges to bring, and whether to dismiss charges once brought. It has long been settled that the Judiciary generally lacks authority to second-guess those Executive determinations, much less to... More...   $0 (05-24-2016 - DC)

John Belork v. Robin Latimer, Davis Township Trustee and DMK&H Farms, Inc

Belork is the owner of real property in Starke County, Indiana, which he uses in
part to raise cattle. Jan Ferch is the owner of real property along the eastern
boundary of Belork’s property, and Ferch’s farming operation includes grain
production. DMK&H is the owner of real property along the southern
boundary of Belork’s property, and its farming operation includes grain More...
   $0 (05-06-2016 - IN)

Peter Barrett and Fay Barrett v. City of Gulfport, Mississippi

The instant case arises out of the City’s efforts to rebuild the antebellum home Grass
Lawn after it was destroyed during Hurricane Katrina. Grass Lawn was built in 1836, sixty
years prior to the City’s founding. Grass Lawn served as a private residence until 1973,
when the City purchased it to use as an event space for weddings, parties, and other private
events. Critically to t... More...
   $0 (04-21-2016 - MS)

In Re Eric Dean Perkins

On March 3, 2014, Perkins was appointed as second-chair counsel to represent
defendant Brendan Gaytan in a murder case in which the State sought the death penalty.
The case went to trial in late February of 2015. Gaytan was found guilty and was
sentenced to life imprisonment. While representing Gaytan, Perkins submitted several
interim invoices for his legal services to the ... More...
   $0 (04-02-2016 - TX)

State of Missouri, ex rel. Jodi Davis-Demars, v. The Honorable Chris Kunza

Davis-Demars was sentenced to multiple terms of imprisonment, some consecutive to each other, some concurrently with other sentences and ordered that she be placed in the
Department of Corrections' ("Department") long-term treatment program pursuant to Section
217.362. Pursuant to the trial court's judgment, Davis-Demars was placed in a twelve-month
long-term treatment program in O... More...
   $0 (03-27-2016 - MO)

In re Reginald D. Reece

Realtor, Reginald D. Reece, proceeding pro se, has filed a petition for writ of mandamus
against the Honorable Leon Pesek, Jr., presiding judge of the 202nd Judicial District Court of
Bowie County, Texas. Reece seeks time credit, as he states it, “for the time spent (16 mos) in the
Constructive Custody of Another on A different charge with A Bowie County hold placed on him
8/2... More...
   $0 (03-01-2016 - TX)

UNITED STATES OF AMERICA v. SHAWN HUGHES

On December 20, 2011 the district court sentenced Hughes to 30 days in prison and 24 months of supervised release. More importantly, the court’s sentencing judgment made Hughes and her co-defendant Douglas Brown, the owner of DB Training, jointly and severally liable for $442,330 in restitution. But, critically, the district court also expressed a clear intention that the actual restitution amou... More...   $0 (02-23-2016 - DC)

Black Gold OilField Services, LLC, v. The City of Williston

Black Gold owns the Black Gold Williston Lodge, a temporary workforce housing facility commonly known as a man camp, which has 322 rooms and 400 beds primarily for workers in the Bakken oilfield and was initially located on land outside the Williston city limits in Williams County. Black Gold has operated the Lodge since March 2011, initially operating under a temporary use permit issued by Willia... More...   $0 (02-22-2016 - ND)

Patrick Ortega v. The State of Texas

In accordance with the terms of a plea agreement, Patrick Ortega pled guilty to and was
convicted of indecency with a child by sexual contact in the 336th Judicial District Court of Fannin
County under trial court cause number CR-12-24243.1 On August 29, 2012, the trial court imposed
a twenty-year sentence for that crime, which was precisely the sentencing recommendation agreed More...
   $0 (02-20-2016 - TX)

KEVIN HIGGINS V. COMMONWEALTH OF KENTUCKY

During the evening of June 14, 2013, Nancy was at home alone when
Higgins arrived at her residence and rang her doorbell. 1 Higgins requested to
enter the home, ostensibly to use the telephone, but was refused entry.
Subsequently, Higgins forced the front door open and locked it behind him.
Inside the home, Higgins raped Nancy and stole twenty-eight dollars. Prior to
leav... More...
   $0 (02-19-2016 - KY)

PRICE v. BOARD OF COUNTY COMMISSIONERS OF PAWNEE CO.

On September 29, 2010, the grand jury filed an action for removal of Price as Sheriff of Pawnee County. Also, on September 29, 2010, the district court suspended Price from office pending the outcome of his trial. On October 29, 2010, before the trial, the Appellee/Defendant Board of County Commissioners of Pawnee County (Board) voted to suspend Price's pay and retirement benefits pending the outc... More...   $0 (02-18-2016 - OK)

Elizabeth Speaks v. Physicians Surgical Center, L.L.C. and David B. Bobb, M.D.

Norman, OK - Jury Finds in Favor of Doctor On Medical Malpractice Claims

Elizabeth Speaks sued Physicians Surgical Center, L.L.C. and David B. Bobb, M.D. on medical malpractice and respondeat superior theories claiming:

1. The acts complained of herein occurred at 805 East Robinson, Norman, Oklahoma, on or about December 24, 2008.

2. Elizabeth Speaks was scheduled for a... More...
   $0 (02-17-2016 - OK)

Luke Gannon v. State of Kansas

This is a school finance case concerning Article 6 of the Kansas Constitution, which imposes a duty on the legislature to "make suitable provision for finance of the educational interests of the state." Kan. Const. art. 6, § 6(b). In Gannon v. State, 298 Kan. 1107, 1163, 319 P.3d 1196 (2014) (Gannon I), we confirmed that Article 6 contains both adequacy and equity requirements. It necessitates tha... More...   $0 (02-12-2016 - KS)

Gregory Kelley v. State of Texas

Georgetown, Texas criminal defense lawyer represented Defendant.


Appellant Gregory Kelley was found guilty of aggravated sexual assault of a child and sentenced to twenty-five years in prison. See Tex. Penal Code § 22.021(a), (f). Following the imposition of his sentence, Kelley filed a motion for new trial, followed by three amended motions for new trial and requests for a hearing.... More...
   $0 (02-11-2016 - TX)

In Re: Jimmy Lee Sweed

Relator, Jimmy Lee Sweed, has filed a petition for writ of mandamus against the
Honorable Bonnie Rangel, Judge of the 171st District Court of El Paso County, Texas, alleging
that Respondent has failed to set aside a void judgment in cause number 69262. The petition for
writ of mandamus is dismissed.
In 1993, Relator was convicted in El Paso County of aggravated assault in caus... More...
   $0 (02-11-2016 - tx)

Gregory Kelley v. The State of Texas

In the summer of 2013, police were called to the home of Shama McCarty in
Leander, Texas, to investigate allegations that Kelley, who resided in the home, had abused one of
the children that attended McCarty’s in-home daycare. Kelley was eventually indicted and found guilty
by a jury of two counts of aggravated sexual assault of a child. See id. Kelley then entered into a
plea a... More...
   $0 (02-11-2016 - TX)

American Hospital Association v. Sylvia Burwell, United States Secretary of Health and Human Services

At heart, this case is about an agency caught between two congressionally assigned tasks. Congress has prescribed specific time frames for the Secretary of Health and Human Services to reach decisions on various stages of administrative appeals of Medicare reimbursement claim denials. But Congress has also directed the Secretary to implement the Medicare Recovery Audit Program to detect waste, fr... More...   $0 (02-09-2016 - DC)

STATE OF LOUISIANA V. LARRY JOSEPH MCKITHERN AKA - LARRY MCKITHERN

On December 2, 2010, Defendant-Appellant was convicted of armed
robbery and aggravated arson in docket number 25391-09. On March 9, 2011, in
docket number 3678-11, Defendant-Appellant was adjudicated a second habitual
offender and was sentenced to one hundred and thirty years on the charge of armed
robbery and thirty years on the charge of aggravated arson. The sentences were... More...
   $0 (02-06-2016 - LA)

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