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The People v. Michael Nevail Pearson

A jury convicted defendant Michael Nevail Pearson of the first degree murders of Ruth Lorraine Talley and Barbara Garcia with personal use of a firearm and found true the multiple-murder special-circumstance allegation. (Pen. Code, §§ 187, 190.2, subd.(a)(3), former § 12022.5, subd. (a).)1 After a penalty trial, the jury returned a verdict of death. The court denied the automatic motion to modi

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The People v. Bernard Albert Steppe

A jury convicted defendant, Bernard Steppe, of second degree murder (Pen. Code, § 187, subd. (a)),1 during which he discharged a firearm causing death (§ 12022.53, subd. (d)), discharged a firearm (§ 12022.53, subd. (c)) and used a firearm (§§ 12022.53, subd. (b) & 12022.5, subd. (a)). The jury also convicted defendant of attempted murder (§§ 664/187, subd. (a)), during which he discharged

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The People v. Eric Russell Andreasen

Eric Russell Andreasen appeals from a judgment convicting him of first degree murder, with a special circumstance finding of murder during the commission of attempted robbery. At trial, defendant disputed that he was engaged in a robbery at the time of the killing, and also raised a plea of not guilty by reason of insanity.

On appeal, defendant argues the guilt phase judgment must be revers

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Beverly Stayart, d/k/a Bev Stayart v. Google, Inc.

Dissatisfied with the results of internet searches for her name, Beverly Stayart has launched a legal campaign against internet search engines. In this, her third lawsuit, she contends that Google is in violation of Wisconsin misappropriation laws because a search for “bev stayart” may lead to a search for “bev stayart levitra,” which in turn may lead to websites advertising drugs to treat

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Ricky Ray Malone v. The State of Oklahoma

¶1 Appellant, Ricky Ray Malone, was tried by jury and convicted of First Degree Murder (21 O.S.2001, § 701.7) in the District Court of Comanche County, Case Number CF-2005-147. In accordance with the jury's recommendation, the trial court imposed a sentence of death. This Court affirmed Appellant's conviction, but reversed the sentence and remanded the case for resentencing. Malone v. State, 200

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City of Harlingen, Texas v. Charles E. Lee

By five issues, appellant, the City of Harlingen, appeals from the denial of its plea to the jurisdiction in a suit brought by appellee, Charles Lee. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7) (West Supp. 2011). We affirm in part and reverse in part.

I. BACKGROUND

Appellant is a home-rule municipality. See TEX. LOC. GOV’T CODE ANN. § 9.001 (West 2008). In his live petiti

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State of Oklahoma v. Cameron Wayne Davis

The State of Oklahoma charged Cameron Wayne Davis with misdemeanor possession of controlled drug in violation of 63 O.S. Section 2-402; carrying a firearm while under the influence of drugs or alcohol in violation of 21 O.S. Section 1289.9; drving under the influence of alcohol in violation of 47 O.S. Section 11-902(A)(2) and 42 O.S. Section 11-901; and speeding violation of 47 O.S. Section 11-801

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United States of America v. Mohamed Mohamed Mohamud

The U.S. Department of State designated al-Shabaab a terrorist group in 2008, saying it was responsible for targeted civilian assassinations and bombings in Somalia. Federal prosecutors have since cracked down on the group's U.S. support with the arrests of some two dozen people.

Those convicted Friday include 40-year-old Mohamed Mohamed Mohamud, who prosecutors said used his connections

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Robert Selian v. Michael Astrue

In this Social Security appeal, Petitioner-Appellant Robert Selian appeals from a January 23, 2012, final judgment of the United States District Court for the Northern District of New York (Sharpe, J.), affirming the Social Security Commissioner’s denial of Selian’s application for disability insurance benefits. Selian seeks disability benefits on the ground that he is unable to work because h

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Michael Lee Wilson v. Anita Trammell

Defendant Micheal Lee Wilson1 was convicted of first-degree murder and robbery with a dangerous weapon in Oklahoma state court and sentenced to death. On direct appeal the Oklahoma Court of Criminal Appeals (OCCA) ordered dismissal of his robbery conviction but affirmed his murder conviction and death sentence. See Wilson v. State, 983 P.2d 448, 463, 473 (Okla. Crim. App. 1998) (Wilson I). Defenda

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United States of America v. Lee Vang Lor

A Wyoming Highway Patrol trooper stopped Defendant Lee Vang Lor for speeding in March 2007. After gaining consent to search the vehicle, the trooper found methamphetamine. The district court denied Defendant’s motion to suppress the methamphetamine, and Defendant entered a conditional guilty plea to one count of possessing methamphetamine with intent to distribute and one count of conspiring to

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Shawn Drumgold v. Timothy Callahan

In the summer of 1988, twelve-year-old Darlene Tiffany Moore was killed by a stray bullet during a gang-related shooting in Boston. Appellant Shawn Drumgold was tried and convicted of Moore's murder in Massachusetts state court in the fall of 1989. After serving fourteen years of his life sentence, Drumgold moved for a new trial on the ground that exculpatory evidence had been withheld by several

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Gail Bierman v. Scott Weier

This defamation case concerns Mind, Body and Soul, a book written by Scott Weier. In the author’s words, the book is “based on my life.” It discusses Scott’s personal transformation, largely through his relationship with God, following his divorce “on bad terms” from his first wife. Scott’s ex-wife and her father concluded the book falsely accused them of lying, abuse, and suffering

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Robert Zimmerman v. Norfolk Southern Corporation

Robert Zimmerman was riding his motorcycle on a summer evening in 2008. He approached a railroad crossing, but it was dark and a building obscured the tracks. When he was less than seventy-six feet away, he noticed that a train was approaching. He tried to stop, but his front brake locked and he flew over the handlebars, colliding headfirst with a locomotive. The collision left him partially paral

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Michael Dewayne Smith v. State of Oklahoma

¶1 This matter is before the Court on Petitioner Michael Dewayne Smith's second application for post-conviction relief, motion for discovery, and motion for evidentiary hearing. A jury convicted Smith in 2003 in the District Court of Oklahoma County, Case No. CF-2002-1329, of the first degree murders of Janet Moore and Sarath Pulluru. The jury assessed a sentence of death for each murder.1 Since

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Stephen Smith v. Board of County Commissioners of Park County, Wyoming

[¶1] The Smiths contend that an unlawful taking occurred when the Board of County Commissioners of Park County (the Board) declared the Smiths’ private driveway to be part of a county road. Failing to obtain any relief through administrative proceedings, the Smiths sued the Board in district court, alleging claims of inverse condemnation under Wyo. Stat. Ann. § 1-26-512 (LexisNexis 2011), inve

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Gonzalo Rojas v. Platinum Auto Group, Inc.

Gonzalo Rojas appeals from the court‟s judgment sustaining without leave to amend the first demurrers filed by defendants. We reverse as to defendants Platinum Auto Group, Inc., and Topaz Financial, Inc., affirm as to defendant State Farm Fire and Casualty Company, and remand for further proceedings.

FACTS AND PROCEEDINGS

On September 20, 2010, appellant Gonzalo Rojas bought a car

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Christopher Freitas v. Wells Fargo Home Mortgage, Inc

Christopher and Diane Freitas ("appellants") attempted to negotiate a mortgage modification with their home mortgage loan servicer, Wells Fargo Home Mortgage, Inc. ("Wells Fargo"). After receiving conflicting information from Wells Fargo representatives, appellants stopped paying on their mortgage loan. Wells Fargo initiated foreclosure, and appellants sued for fraudulent misrepresentation and pro

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PG Publishing Company v. Carol Aichele

The instant case calls upon us to decide whether a state statute restricting access to a polling place infringes on the media‟s First Amendment right to gather news. Appellant PG Publishing Company (“Appellant” or “PG”) seeks review of the District Court‟s decision to dismiss its suit against election officials for the Commonwealth of Pennsylvania. Specifically, Appellant alleges viola

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Delbert Williamson v. Mazda Motor of America, Inc.

A judge denied a motion to stay or dismiss on the ground of forum non conveniens a product liability action by plaintiffs Delbert Williamson, Alexa Williamson, through Delbert as her guardian ad litem, and the Estate of Thanh Williamson. (Code Civ. Proc., § 410.30, subd. (a); all further statutory references are to this code.) Later, a second judge granted a renewed motion for the same relief and

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Middleborough Veterans' Outreach Center, Inc. v. Paul J. Provencher

In 2010, appellee Paul Provencher, the Veterans' Agent for the Town of Middleborough, Massachusetts ("the Town"), wrote letters to local newspapers, advising area residents to exercise caution before donating to veterans' charities that use telemarketing or direct solicitation, and naming appellant Middleborough Veterans' Outreach Center ("MVOC") and one other charity. MVOC claims that, as a resu

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Oakdale Mall Associates v. Cincinnati Insurance Company

Oakdale Mall Associates (Oakdale), a Minnesota limited partnership, and Cincinnati Insurance Company (Cincinnati), an Ohio corporation, dispute whether the commercial property insurance policy Oakdale purchased from Cincinnati covers a loss Oakdale suffered on August 4, 2009. On cross-motions for summary judgment regarding coverage, the district court 1 denied Oakdale’s motion for summary judgme

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Swarovski Aktiengesellschaft v. Building #19, Inc.

Defendant-appellant Building #19, Inc. appeals from the entry of a preliminary injunction restricting its use of the word "Swarovski" in newspaper advertising to a certain font size. The case is ongoing in the district court, with requests for permanent injunctive relief pending. The dispute began when Building #19 obtained a number of Swarovski crystal figurines that it hoped to resell, and in o

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Michael Sweeney v. Friends of Hammonasset

The plaintiff, Michael Sweeney, appeals from the judgment of the trial court rendering summary judgment in favor of the defendants, the Friends of Hammonasset (Friends) and Deanna Becker. The plaintiff claims that the court concluded improperly that (1) the theory of liability set forth in his complaint sounded in premises liability, on which he could not prevail as a matter of law because the def

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Donald A. Harney v. Sony Pictures Television, Inc.

On a sunny April day in 2007, freelancer Donald Harney snapped a photograph ("the Photo") of a blond girl in a pink coat riding piggyback on her father's shoulders as they emerged from a Palm Sunday service in the Beacon Hill section of Boston. Just over a year later, the pair in the Photo became a national media sensation. The father, soon-to-be revealed as a German citizen who had assumed the n

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