Mandamus Law
 
In re Miguel Angel Yepez

Relator, Miguel Angel Yepez, has filed a petition for writ of mandamus
challenging the trial court’s September 19, 2016 order compelling him to submit to
an HIV test under Article 21.31 of the Texas Code of Criminal Procedure.1 ... More...
   $0 (11-16-2016 - TX)

CHRISTOPHER MOSS v. OKLAHOMA DEPARTMENT OF CORRECTIONS

On May 2, 2008, Moss, represented by counsel, entered a guilty plea to a charge of Lewd or Indecent Proposals to a Child Under the Age of 16 in Ottawa County Case No. CF-2006-444. Sentence was imposed on September 5, 2008, at which time the District Court of Ottawa County, the Honorable Robert G. Haney, District Judge, sentenced Moss to twenty (20) years, with all but the first five (5) years sus... More...   $0 (11-13-2016 - Ok)

State of Oklahoma v. Shannon James Kepler

Tulsa, OK - Jury Hung On First-Degree Murder Charge Against Shannon Kepler and Guilty on Weapons Charge

The State of Oklahoma charged former Tulsa police officer Shannon James Kepler with first-degree murder in violation of 21 O.S. 707.7 and two counts of shooting with intent to kill in violation of 21 O.S. 652 for killing 19-year-old Jeremey Lake and shooting at this daughter, Lisa Keple... More...
   $0 (11-11-2016 - OK)

In Re: Western General Automobile Insurance Company

Before the Court is relator’s petition for writ of mandamus in which it seeks relief from
an order compelling depositions. The facts and issues are well known to the parties, so we need
not recount them herein.
To be entitled to mandamus relief, a relator must show both that the trial court has clearly
abused its discretion and that relator has no adequate appellate remedy. ... More...
   $0 (10-04-2016 - TX)

STATE OF OKLAHOMA v. THE DISTRICT COURT OF MAYES COUNTY, THE HONORABLE REBECCA GORE

On April 29, 2016, Petitioner, the State of Oklahoma, by and through Mayes County Assistant District Attorneys Kali Strain and Brian Surber, filed a Petition for Writ of Prohibition or, alternatively, a Writ of Mandamus in Mayes County Case No. CF-2015-248(A), styled State of Oklahoma v. Aaron McNulty. The State requests this Court order the District Court of Mayes County, the Honorable Rebecca Go... More...   $0 (09-24-2016 - OK)

Todd Steckelberg v. Nebraska State Patrol

Steckelberg is employed by the State Patrol as a trooper.
He was an applicant for a lateral transfer to the position of
Executive Protection Trooper. Interviews were conducted on
March 26, 2015. Another applicant was awarded the position.
On April 5, 2015, Steckelberg requested that he be permitted
to review his score sheets and the comments and recommendations
from the hir... More...
   $0 (09-23-2016 - NE)

In Re: Abd Al-Rahim Hussein Al-Nashir

Abd Al-Rahim Hussein Muhammed Al-Nashiri is the alleged mastermind of the bombings of the U.S.S. Cole and the French supertanker the M/V Limburg, as well as the attempted bombing of the U.S.S. The Sullivans. Together, the completed attacks killed 18 crew members and injured dozens more. The government charged Al-Nashiri with nine offenses for his role in the attacks and convened a military commiss... More...   $0 (08-30-2016 - DC)

Wanda Grant Wynn and Michael Wynne, as Surviving Parents of Morgan Wynn, deceased Infant, v. Southwestern Medical Center, LLC d/b/a Southwestern Medical Center, Martin K. Jones, M.D. and Martin K. Jones, M.D., Inc.

Wanda Grant Wynn and Michael Wynne, as Surviving Parents of Morgan Wynn, deceased Infant, sued Southwestern Medical Center, LLC d/b/a Southwestern Medical Center, Martin K. Jones, M.D. and Martin K. Jones, M.D., Inc. on medical negligence theories claiming that their infant child died as a direct result of the negligence of the Defendants in providing substandard care to the child.

The sp... More...
   $0 (08-11-2016 - OK)

MICROSOFT CORPORATION– v. –UNITED STATES OF AMERICA

The factual setting in which this dispute arose is largely undisputed and is  established primarily by affidavits submitted by or on behalf of the parties.    Microsoft Corporation is a United States business incorporated and  headquartered in Washington State.  Since 1997, Microsoft has operated a “web‐based  e‐mail” service available for public use without charge.  Joint Appendix (“J... More...   $0 (07-16-2016 - NY)

Microsoft Corporation v. United States of America

Microsoft Corporation appeals from orders of the United States District Court for the Southern District of New York denying its motion to quash a warrant (“Warrant”) issued under § 2703 of the Stored Communications Act (“SCA” or the “Act”), 18 U.S.C.
§§ 2701 et seq., and holding Microsoft in contempt of court for refusing to execute the Warrant on the government’s behalf. The Warrant directed ... More...
   $0 (07-15-2016 - NY)

STEPHANIE GRAY & others1 vs. ATTORNEY GENERAL & another

The common core standards were developed
in 2009 as part of a State-led initiative that included
governors and commissioners of education from forty-eight
States, two territories, and the District of Columbia working as
members of the National Governors Association Center for Best
Practices and the Council of Chief State School Officers. The
purpose of the initiative... More...
   $0 (07-05-2016 - MA)

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)

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