Mandamus Law
 
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)

In Re Erwin Burley

Relator, Erwin Burley, proceeding pro se, filed a document entitled “Declaration for
Entry of Default,” “in the above cause on January 28, 2016.2 Relator appears to be seeking default judgments on a petition for writ of habeas corpus and a motion to recuse
the trial court on grounds that the trial court has not timely ruled on those matters.
Because relator’s pleading does not ref... More...
   $0 (02-04-2016 - TX)

In Re Corey J. Schuff

Relator Corey J. Schuff, a pro se inmate, filed a petition for writ of
mandamus, in which he contends that he filed requests for post-conviction DNA
testing and appointment of counsel, but the trial court has failed to rule on his
motion. Schuff asserts in the alternative that the clerk failed to bring his motions to
the court’s attention.
The State filed a response in wh... More...
   $0 (02-04-2016 - TX)

In re: Idaho Conservation League, et al.

Congress enacted CERCLA “to promote the timely cleanup of hazardous waste sites and to ensure that the costs of such cleanup efforts were borne by those responsible for the contamination.” Burlington N. & Santa Fe Ry. Co. v. United States, 556 U.S. 599, 602 (2009) (internal quotation marks and citation omitted). CERCLA vests in EPA “‘broad power to command government agencies and private parties... More...   $0 (01-29-2016 - DC)

Coniglio v. Chesapeake Exploration, L.L.C.

On March 30, 2012, thirty-three plaintiffs filed a complaint against
Appellees in Koonce v. Chesapeake Exploration, Columbiana County Common Pleas
Court Case No. 2012 CV 136. Sixteen plaintiffs were later added. On March 22,
2012, seventy-five plaintiffs filed a complaint against Appellees in Coniglio v.
Chesapeake, Carroll County Common Pleas Court Case No. 2012 CVH 27102. ... More...
   $0 (01-23-2016 - OH)

Silverado Stages, Inc. v. FMCSA

Congress requires the Department of Transportation (“DOT”) to “determine whether an owner or operator is fit to operate safely commercial motor vehicles,” based upon, among other things, “the safety inspection record of such owner or operator.” 49 U.S.C. § 31144(a)(1). DOT is also required to “make such final safety fitness determinations readily available to the public.” Id. § 31144(a)(3). DO... More...   $0 (01-17-2016 - DC)

State of Louisiana v. Trung Le

New Orleans, LA - Defendant convicted of 2014 shooting on Bourbon Street that killed one and injured nine

The State of Louisiana charged Trung Le, age 22, with manslaughter and attempted second-degree murder for shooting and killing Brittany Thomas and wounding several others on Bourbon Street on July 29, 2014.

The State claimed that Le was shooting at an unknown gunman.
More...
   $0 (01-15-2016 - LA)

Jeffrey A. Cleary v. State of Indiana

On the afternoon of November 4, 2010, Jeff Cleary drove to Giovanni’s Restaurant in Munster, Indiana, for lunch and drinks with two other individuals. Over the course of the next six to seven hours, Cleary ordered six drinks—all doubles of Absolut Vodka and water—and the table shared a bottle of wine. Later that evening, Cleary went to the Country Lounge in Hobart, Indiana. He had most of anoth... More...   $0 (01-11-2016 - IN)

Hinkston v. State Of Arkansas

In 1998, appellant Michael Hinkston was found guilty by a Crawford County jury of
capital murder, with residential burglary as the underlying felony, and theft of property. He was
sentenced to life imprisonment without parole for capital murder and twenty years’
imprisonment for theft of property. We affirmed.
On January 26, 2015, Hinkston filed a petition for writ of habeas cor... More...
   $0 (01-10-2016 - AR)

United States of America v. Harlan Salmona

Not many people want to be locked up in a federal penitentiary serving a life
sentence. Harlan Salmona does because it beats the alternative, which is being
locked up in a state penitentiary that he believes is less safe. The problem for
Salmona is that his life sentence was imposed by a Florida state court, not by a
federal court. Salmona claims that because of a promise ma... More...
   $0 (01-09-2016 - FL)

Kathy S. Crofts State of Wyoming, ex rel., Department of Game and Fish

Kathy Crofts was a long-term Game & Fish employee. At all relevant times, Ms. Crofts was a wildlife investigator based in Cody, and was entitled to the protections provided to full-time, permanent employees by the Stateof Wyoming’s Personnel Rules.
[¶4] Ms. Crofts was issued a one-day suspension without pay on October 13, 2011. That suspension was based upon Ms. Crofts’ insubordinate behavior... More...
   $0 (01-08-2016 - WY)

Anglers Conservation Network v. Penny Pritzker

Plaintiffs brought this lawsuit claiming that federal agencies unlawfully neglected to manage stocks of river herring (alewives and blueback herring), and shad (American shad and their smaller relatives, hickory shad) in the Atlantic Ocean from New York to North Carolina. These are schooling ocean fish. In early spring, as waters warm, river herring and shad begin their annual spawning runs into... More...   $0 (01-07-2016 - )

State Of Wisconsin v. Peterson

These cases arise from a John Doe proceeding originally initiated in Milwaukee County, and subsequently expanded to four additional counties, Iowa County, Dodge County, Dane County, and Columbia County. Though not consolidated, these proceedings have been overseen by a single John Doe judge and organized by a single special prosecutor (Francis Schmitz). For the sake of clarity, we will refer to al... More...   $0 (01-03-2016 - WI)

AT&T Corp v. Core Communications Inc

Congress passed the Telecommunications Act of 19961 (TCA) to “fundamentally restructure[] local telephone markets.”2 Before the TCA, local telephone service companies operated as government-regulated monopolies. “States typically granted an exclusive franchise in each local service area to a local exchange carrier (LEC).”3 One of the TCA’s principal aims “was to end local telephone monopolies a... More...   $0 (12-24-2015 - PA)

State Of North Carolina v Biddix

Mark Allan Biddix (“Defendant”) appeals from judgment entered following his
plea of guilty to manufacturing methamphetamine, two counts of conspiracy to
manufacture methamphetamine, ten counts of possession of an immediate precursor
chemical used to manufacture methamphetamine, and continuing a criminal
enterprise. Defendant does not have a statutory right to appeal the issue ... More...
   $0 (12-17-2015 - NC)

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