Res Ipsa Loquitur Law
 
STATE OF OKLAHOMA v. ERIC CHARLES WHITAKER, A/K/A CORNELIUS JILES

TULSA, OK - THE STATE OF OKLAHOMA charged ERIC CHARLES WHITAKER, A/K/A CORNELIUS JILES with:

Count # 1.
Count as Filed: OROB, ROBBERY - 1ST DEGREE, in violation of 21 O.S. 798, which provides:

"Any person guilty of robbery in the first degree shall be guilty of a felony punishable by imprisonment in the State Penitentiary not less than ten (10) years."

Date of Offens

More...   $0 (06-08-2015 - OK)

STATE OF KANSAS v. TYRELL JACKSON

On the night of May 12, 2012, Dorsey was at his cousin's apartment in Kansas City, Kansas, while his vehicle, a 1986 Chevy Caprice, was parked outside the complex. While in the apartment, Dorsey noticed a Tahoe parked in front of his car and four people outside of the Tahoe. Dorsey testified he did not know any of the people outside of the vehicles. Dorsey started his Caprice via remote start,

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WILLIS SHANE GORDON v. STATE OF KANSAS

In his underlying criminal case, "Gordon was charged with one count each of rape, aggravated kidnapping, attempted robbery, and aggravated battery after B.H. claimed that she was the victim of these crimes. At the ensuing jury trial, B.H. testified that she was kidnapped, raped, robbed, and battered by Gordon, but Gordon claimed that B.H. arranged to have consensual sex for money. The jury foun

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STATE OF KANSAS v. GARY W. KLEYPAS

In Kleypas I, 272 Kan. at 909-14, this court extensively discussed the criminal acts that led to Kleypas' convictions for the capital murder of C.W., the aggravated burglary of her apartment, and the attempt to rape her. Highly summarized, in March 1996, C.W.'s body was discovered in her apartment where she had died after suffering seven stab wounds to her heart, a lacerated liver, a dilated anus,

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CALPORTLAND COMPANY, INC. v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

“Congress adopted the Mine Act ‘to protect the health and safety of the Nation’s . . . miners,’” Thunder Basin Coal Co. v. Reich, 510 U.S. 200, 202 (1994) (quoting 30 U.S.C. § 801(g)), by “strengthen[ing] and streamlin[ing] health and safety enforcement requirements” at the Nation’s mines, id. at 211. To accomplish its goals, the Mine Act “charges two separate agencies with complementary policyma

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State of Oklahoma v. Victoria Lynn Lee

Tulsa, OK - Mother Convicted To Child Abuse By Munchausen Syndrome

The State of Oklahoma charged Victoria Lynn Lee, age 41, with child abuse by munchenhausen syndrome by proxy in violation of 21 O.S. 843.5 which provides:

"A. Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonme

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STATE OF FLORIDA vs. JACOB JOHN DOUGAN, JR.

After a lengthy evidentiary hearing, the postconviction court, in a detailed,
239-page order, concluded that the murder conviction and sentence of death should
be vacated and a new trial granted on multiple grounds. A key finding was that the
State not only failed to disclose the full extent of its plea deal with William Hearn,
the State’s only eyewitness to the murder, but al

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STATE OF KANSAS v. DARRON EDWARDS

In January 1992, Edwards signed a document entitled, "Defendant's Acknowledgement of Rights and Entry of Plea," in which he agreed to plead guilty to eight crimes, to-wit: two counts of aggravated kidnapping, two counts of rape, and one count each of aggravated criminal sodomy, aggravated burglary, attempted rape, and aggravated battery. The State agreed to recommend a "sentence of one life sente

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STATE OF KANSAS v. ROBERT M. WEBER

Robert M. Weber pled guilty to attempted robbery in 2007. At his sentencing, the district court found Weber's criminal history score was B based on the classification of two prior Michigan convictions as person offenses. These were Weber's only prior convictions.

Weber's two prior Michigan convictions were for sex crimes. The only one at issue in this appeal is his 1976 Michigan convi

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STATE OF KANSAS v. LESTER L. JACOBS

In 2012, a jury convicted Jacobs of an offender registration violation. The district court sentenced Jacobs to 120 months in prison with a 24-month postrelease supervision term. This court affirmed Jacobs' conviction on direct appeal. See State v. Jacobs, No. 108,135, 2013 WL 5303523 (Kan. App. 2013) (unpublished opinion), rev. denied 299 Kan. 1272 (2014).

On July 7, 2014, Jacobs filed

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STATE OF KANSAS v. JEFF DICKEY

A district court hearing was held on May 16, 2013, for the dual purpose of pronouncing sentence on Dickey following his conviction for felony theft and considering the State's motions to revoke his probation in four earlier cases based on his new conviction. That hearing has resulted in multiple separate appellate court opinions in two separate cases—today's decision being the fourth and likely fi

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SUNOCO, INC. v. THE UNITED STATES

The core of the parties’ dispute in this case is a purely legal issue. Because the Court will decide that issue when it resolves the parties’ pending motions, only a brief summary is necessary here. Sunoco, like many companies that produce fuel, blended ethanol into its fuel and thereby qualified for the alcohol fuel mixture credit under 26 U.S.C. § 6426(b). Compl. ¶¶ 10–11, Dkt. No. 1. The cr

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STATE OF OKLAHOMA v. JASON WAYNE HUSMAN, A/K/A PETER DUNN

TULSA, OK - THE STATE OF OKLAHOMA charged JASON WAYNE HUSMAN, A/K/A PETER DUNN with:

Count # 1.
Count as Filed: DI6AM, DUI ALCOHOL - 3rd OFFENSE OR SUBSEQUENT (MUNICIPAL ARREST), in violation of 47 O.S. 11-902 A 2
Date of Offense: 04/27/2014

Party Name

Disposition Information

HUSMAN, JASON WAYNE
Disposed: CONVICTION, 06/05/2015. Guilty Plea
Count

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Varel International Industries, L.P., et al. v. PetroDrillBits International, Inc. V.

All facts are stated as of the time of trial. Varel International and Varel Europe
manufacture oilfield and mining drill bit products. James Nixon is the “president and CEO” of
Varel International, which has its “corporate headquarters” in Carrolton, Texas. In August 2006,
PetroDrillBits and Varel International entered into a Sales Technical Service Representation
Agreement

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E.F. Johnson Company v. Infinity Global Technology f/k/a Infinity Gear and Technology, LLC, et al.

Kirmuss operated an electronics business that specialized in radio-related products. In
2007, at a trade show in Hong Kong, he discovered a speaker microphone with a built-in global
positioning system (the GPS-Mic), manufactured by Wintectronics (Wintec). Kirmuss believed
the GPS-Mic could transform communications for first responders and military units, so he
arranged to mee

More...   $0 (10-03-2016 - TX)

Ace Cash Express, Inc. v. Courtney Cox

Cox was employed by ACE as a “Center Manager.” As part of her “new-hire
paperwork,” Cox signed an arbitration agreement dated February 7, 2012.1 The agreement stated
in a footnote that “[t]his Arbitration Agreement is effective December 1, 2011, and it replaces or
modifies, as applicable, any previous dispute resolution agreements or arbitration agreements in
effect prior to De

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STATE OF KANSAS v. ROBERT JOE BARNES

On October 19, 2009, Barnes pled no contest to one count of attempted failure to register as required by the Kansas Offender Registration Act, K.S.A. 22-4901 et seq., a severity level 7 person felony. The presentence investigation (PSI) report prepared before sentencing indicated that Barnes' criminal history score was a C, based in part on a prior 1978 conviction of burglary in Spearman, Texas, w

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STATE OF KANSAS v. GREGORY L. GALES

Gregory L. Gales appeals from the denial of his motion to correct a claimed illegal sentence. He argued before the district court that the sentencing court erroneously classified his 1976 California juvenile burglary adjudication as a person offense, resulting in a higher criminal history score and a longer sentence than if it had been classified as a nonperson offense.

Gales has an

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Robert Frazier v. Susan Michelle Schaefer a/k/a Shelle Schaefer

Oklahoma City, OK - Robert Frazier sied Susan Michelle Schaefer a/k/a Shelle Schaefer on a breach of contract theory claiming that she purchased a 50% interest in a business know as "The French Cowgirl" in 2012. Plaintiff further claimed that Defendant wrongfully used large sums of money frmo the business in excess of what she was entitled to under their agreement and concealed the same. Plainti

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DENNIS L. SMITH vs. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY

Smith was formerly employed as a technical writer in the engineering department at ISU. The events of this case cover a time period from approximately 2002 to 2010, when Smith’s position at the university was eliminated. Our prior opinion contains a detailed discussion of the facts. See Smith v. Iowa State Univ. of Sci. & Tech., 851 N.W.2d 1, 4–17 (Iowa 2014). At trial, Smith initially recove

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JHONHENRI JABRILLE LEE v. DIANA CATALINA SALGADO BUENO

On or about October 9, 2014, Plaintiff/Petitioner Jhonhenri Jabrille Lee (Lee) was involved in a motor vehicle collision with Defendant/Respondent Diana Catalina Salgado Bueno (Bueno). Lee was driving a vehicle that was struck from behind by a vehicle driven by Bueno at the intersection of NW Expressway and Blackwelder in Oklahoma City, Oklahoma. The collision pushed Lee's vehicle into the vehicle

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THE CLARK FORK COALITION v. Montana Department of Natural Resources and Conservation v. MONTANA WELL DRILLERS ASSOCIATION v. MONTANA ASSOCIATION OF REALTORS and MONTANA BUILDING INDUSTRY ASSOCIATION v. MOUNTAIN WATER COMPANY

In 1973, the Montana Legislature instituted the current water rights system by
adopting the Montana Water Use Act, § 85-1-101, MCA, et seq. The Act sets forth the
statutory framework under which water rights are obtained, administered, and
adjudicated. Acritical component of the Act is the permit system administered by the
DNRC. With certain exceptions, the Act requires thos

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STATE OF OKLAHOMA v. LANA KAY HARJOCHEE and JOSEPH BROWNING KING

TULSA, OK - THE STATE OF OKLAHOMA charged LANA KAY HARJOCHEE and JOSEPH BROWNING KING with:

Count # 1. Count as Filed: ABDOM, ASSAULT AND BATTERY - DOMESTIC, in violation of 21 O.S. 644 C
Date of Offense: 05/05/2014

Party Name

Disposition Information

HARJOCHEE, LANA KAY Disposed: DISMISSED, 08/20/2014. Dismissed- Prosecution Witness Failed to Appear

More...   $0 (08-20-2014 - OK)

STATE OF IOWA vs. PAUL JOSEPH BORUCH

Briefly, the salient facts are that Boruch and the victim were employees of
a traveling carnival. They shared a semitrailer for storage, and their sleeping
quarters—called “possum” or “pot” bellies—were on opposite sides of the same
trailer. On an evening after working at the Dallas County fairgrounds, they ended
up at a bar, drinking several alcoholic beverages and playing p

More...   $0 (09-15-2016 - IA)

State of Oklahoma v. Dan Floyd Hillard

Tulsa, OK - The State of Oklahoma charged Dan Floyd Hillard with:

Count # 1. Count as Filed: ABDOM, ASSAULT AND BATTERY - DOMESTIC - 2ND OFFENSE, in violation of 21 O.S. 644 C
Date of Offense: 05/03/2014

Party Name

Disposition Information

HILLARD, DAN FLOYD Disposed: CONVICTION, 06/30/2014. Guilty Plea
Count as Disposed: ASSAULT AND BATTERY - DOMESTI

More...   $0 (06-30-2014 - OK)

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AK Morlan
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