Res Ipsa Loquitur Law
 
STATE OF OHIO -vs- CLARENCE NORRIS

On April 26, 2014, appellant, along with several other individuals, invaded
a home. They entered with a firearm and a taser gun, and one of them stole a gun from
a kitchen drawer inside the house. After kicking in the door, they searched the home and
threatened the owner and her two young children. They tased the homeowner and
demanded money.
{¶ 3} Appellant was later indi

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MICHAEL KELLY vs. STATE OF IOWA

In 2005, Kelly was charged with sexual abuse in the third degree. At the
jury trial in his opening statement, Kelly’s trial counsel set forth the defense’s trial
strategy, stating: “We’re not saying there wasn’t sex. We’re not here today to deny
that [Kelly] had sex with [N.B.]. The question is whether it was consensual sex . .
. .” N.B. testified that she was incapable of

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Joel Doe, et al. v. Boyertown Area School District, et al. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to decide whether the District Court correctly refused to enjoin the defendant School District from allowing transgender students to use bathrooms and locker rooms that are consistent with the students’ gender identities as opposed to the sex they were determined to have at birth. The plaintiffs—a group of high school students who identify as being the same sex they were de

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DANIEL L. CALHOUN v. STATE OF KANSAS

Daniel L. Calhoun appeals the trial court's denial of his K.S.A. 601507 motion following a preliminary hearing. On appeal, Calhoun argues that the trial court's judgment denying his K.S.A. 60-1507 motion was erroneous. Calhoun contends that he was entitled to a new trial on his nine felony convictions based on trial errors, ineffective assistance of trial counsel, and ineffective assistance of app

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STATE OF OHIO vs. MIKE NICHOLSON

Defendant-appellant Mike Nicholson pleaded guilty to drug trafficking and having a weapon while under disability. He did not file a direct appeal, but one year after conviction, filed a pro se motion to “vacate or set aside the judgment of conviction or sentence.” That petition claimed that retained trial counsel gave ineffective assistance of counsel by failing to conduct a reasonable inve

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Navajo Nation Northern Edge Navajo Casino v. The Honorable Bradford J. Dalley, et al. District of New Mexico Federal Courthouse - Albuquerque, New Mexico

The Appellants, the Navajo Nation and its wholly-owned government
enterprise the Northern Edge Navajo Casino (together, the “Tribe” or “Nation”),
entered into a state-tribal gaming compact with New Mexico under the Indian
Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701–2721. The Tribe agreed
not only to waive its sovereign immunity for personal-injury lawsuits brought by
visi

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Kang Sik Park, M.D. v. First American Title Insurance Company District of Utah Federal Courthouse - Salt Lake City, Utah

Kang Sik Park appeals the district court’s dismissal of his suit against First American Title Insurance Company (“First American”) as time-barred. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand.
I
In 2006, in relation to a loan to Peter and Virginia Lamb, Park obtained a commitment from First American to insure a real estate deed of trust for property in Salt Lake Co

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California Water Impact Network v. County of San Luis Obispo, Justin Vinyards and Winery, LLC

The County of San Luis Obispo (County) issues well
permits without conducting a California Environmental Quality
Act (CEQA) review. Appellant California Water Impact Network
petitioned for a writ of mandate to compel County to comply with
CEQA. County asserted that well permits are ministerial actions
2
exempt from CEQA. The trial court agreed with County and
dismissed

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STATE OF KANSAS v. BRADLEY VERSTRAETE

On the evening of January 31, 2015, the Pratt Police Department received a call reporting a noise disturbance at an apartment complex. Officer Kenneth Wright was the first to respond. When he arrived at the complex, he saw Verstraete outside holding an axe handle over his shoulder; Wright thought it was a baseball bat. When Wright approached, Verstraete reported that people were chasing him. Wrigh

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Landwatch San Luis Obispo County v. Cambria Community Services District

A nonprofit organization petitioned for a writ of
administrative mandate against a public agency. The
organization elected to prepare the administrative record. But
because of delays, the agency prepared the record. The agency
prevailed and moved for costs that included the costs of preparing
the administrative record and an appendix. The trial court found
the agency acted

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Thomas Earl Gabriel a/k/a Thomas Gabriel a/k/a Thomas Earl Gabrielle v. State of Mississippi

In 2015, Gabriel lived with his wife Ann, Ann’s daughter Ashley, and Ashley’s three
young children. On March 5, 2015, Ashley was changing her son’s diaper when her four
year-old daughter Amber1 indicated that Gabriel had touched her inappropriately.
Specifically, Ashley stated she was changing her son’s diaper, “when he reached down and
grabbed himself.” Ashley then heard Amber

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Meryl Squires-Cannon, et al. v. Forest Preserve District of Cook County, et al. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Forest Preserve District of Cook County, Illinois, has been trying to acquire a 400-acre estate in Barrington after the owners defaulted on a mortgage and note held by the Forest Preserve. The Forest Preserve foreclosed and then bought the property at the foreclosure auction. The original owners have expressed their opposition by filing five lawsuits of their own, in addition to raising af-fir

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STATE OF OHIO v. CEDRICK LINDSAY

Mr. Lindsay pleaded guilty to one count of felonious assault and one count of
assault. The trial court found him guilty of the offenses and sentenced him to community control
sanctions. It also notified him that, if he violated the conditions of community control, it would
sentence him to four years in prison. According to Mr. Lindsay’s probation officer, Mr. Lindsay
did not

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STATE OF OHIO -vs- DONALD ALBERT FRANKLIN, JR.



{¶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 <

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STATE OF OHIO v. NATHAN TILLEY

In May 2014, the Jackson County Grand Jury returned an indictment charging
Tilley with one count of illegal possession or assembly of chemicals for the manufacture of
drugs in violation of R.C. 2925.041(A), a felony of the third degree. Tilley, who was represented
by retained counsel, entered a plea of not guilty to the charge and filed a motion to suppress

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Whole Woman's Health v. Charles Smith Western District of Texas Federal Courthouse - San Antonio, Texas

This is an emergency appeal from an extraordinary discovery order by the district court to a religious body. The court compelled document production of the group’s internal communications despite its status as a non-litigant and its voluntary furnishing of substantial discovery materials. Because the trial date looms, and with the benefit of full briefing from both parties, we elect to consolidate

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Barbara Sopkin v. Jill C. Mendelson Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

Barbara Sopkin appeals from the district court’s dismissal of her lawsuit filed both derivatively on behalf of Interlase Limited Partnership and as assignee of Lucre Investments Ltd, which Sopkin purports assigned to her a 2% general partnership interest in Interlase.1 In her operative complaint, Sopkin alleges multiple state law claims primarily related to the defendants’ handling of Interlase’s

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State of Ohio v. Dana L. Wenner

On May 19, 2017, an indictment was issued against appellant for grand theft
in violation of R.C. 2913.02(A)(3), a felony of the fourth degree.
{¶ 3} The charge stemmed from appellant repeatedly lying to the victim, Bryan
Hoang, to obtain over $90,000. Specifically, appellant lied about her medical condition
and about needing money to pay her medical expenses, when in reality

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Roland Critchfield v. Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar District of Utah Federal Courthouse - Salt Lake City, Utah

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

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State of Oklahoma v. Jerry Wayne Hamilton, a/k/a Jery Wayne Hamilton MoreLaw Suites Legal Suites and Virtual Offices In Downtown Tulsa 406 South Boulder and 624 South Denver 918-582-3993 or Info@morelaw.com

Tulsa, OK - State of Oklahoma charged Jerry Wayne Hamilton, a/k/a Jery Wayne Hamilton with:

Count # 1. Count as Filed: DI6AM, DUI ALCOHOL - SECOND OFFENSE (MUNICIPAL ARREST), in violation of 47 O.S. 11-902 A 2
Date of Offense: 01/14/2016
Party Name Disposition Information
HAMILTON, JERRY WAYNE Disposed: CONVICTION, 10/04/2016. Guilty Plea
Count as Disposed: DUI ALCOHO

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STATE OF OHIO -vs- DOUGLAS EDWARD HADDIX

In 1995 Appellant was convicted of two counts of rape in violation of R.C. 2907.02, one count of felonious sexual penetration in violation of R.C. 2907.12, and one count of gross sexual imposition in violation of R.C. 2907.05. The jury acquitted appellant on one additional count of rape and the trial court dismissed a count of child endangering, a violation of R.C. 2919.22. Appellant appeale

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STATE OF OHIO v. VERNON C. LEUGERS, JR.,

On August 11, 2004, Leugers entered into a negotiated plea agreement in which he pled guilty to three counts of gross sexual imposition, one count of disseminating matter harmful to a juvenile and one count of attempted pandering of sexually oriented matter involving a minor. Doc. 69. In exchange, the prosecution dismissed all other pending charges. Id. In the paperwork for the plea agree

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L.G. v. M.B.

Defendant M.B. appeals from the trial court’s denial of her
motion to dismiss under the “anti-SLAPP” statute (Code Civ.
Proc., § 425.16).1 Plaintiff and respondent L.G. is the former
nanny for M.B. and M.B.’s ex-husband, S.B.2 Respondent filed
this action against Appellant for defamation, invasion of privacy,
and intentional infliction of emotional distress based upon
state

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IN RE: ESTATE OF JERRY WEST, Deceased, v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS Western District of Kentucky Federal Courthouse - Louisville, Kentucky

The Department of Veterans Affairs and the Estate of
Jerry West, a Vietnam veteran, dispute whether certain benefits owed to West at the time of his
death should be paid to the Estate. The district court remanded that dispute to Kentucky probate
court, but the government contends the dispute can be litigated only pursuant to the procedure set
forth in the Veterans’ Judicial Review

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UNITED STATES OF AMERICA -v-ALVAUN THOMPSON, AKA LP, AKA Legit Pimp, AKA AT

Because Thompson appeals from a judgment of conviction entered after a jury  trial, we “draw the facts from the evidence presented at trial, viewed in the light most  favorable to the government.” United States v. Allen, 864 F.3d 63, 69 n.8 (2d Cir. 2017)  (internal quotation marks omitted).  Thompson began his relationship with the two minor female victims of concern  here—identified as M1 and M2

More...   $0 (07-15-2018 - )

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