State of Oklahoma v. Christopher Allen Fisher

Count # 1.
Count as Filed: BRG2, BURGLARY - SECOND DEGREE , in violation of 21 O.S. 1435
Date Of Offense: 11/14/2012

Party Name: Disposition Information:

FISHER, CHRISTOPHER ALLEN
Disposed: DISMISSED, 06/05/2013. Dismissed- Request of the State.
Count as Disposed:BURGLARY - SECOND DEGREE (BRG2)
Viol

After his conviction in Ohio state court for two murders and the
aggravated robbery and kidnapping of one of his victims, petitioner Michael Dean Scott was
sentenced to death. Scott appealed and pursued post-conviction remedies in state court, to no
avail. He now seeks habeas relief under 28 U.S.C. § 2254. The district court denied relief.
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No. 11-4361 Scott v. Houk Page 2

Elaine Damianakis, as Personal Representative of the Estate of Nikitas Damianakis, appeals a final judgment in favor of Philip Morris USA, Inc., which followed the trial court's grant of Philip Morris's motion for summary judgment. The trial court granted Philip Morris's motion for summary judgment on the ground that the statute of limitations barred Mrs. Damianakis's claims, based on its prerequi

Defendant, the manager of a motorcycle dealership, arranged for the fraudulent sales of vehicles to fictitious buyers. A jury convicted him of 20 counts of grand theft for 20 separate fraudulent sales. We must decide whether defendant was properly convicted of a separate theft for each vehicle fraudulently sold, or whether he could be convicted of only one count of grand theft because all of the s

Convicted of being a felon in possession of a firearm and sentenced under the “Three Strikes” law more than 15 years ago, petitioner Floyd Lowe (defendant) recently filed a petition for resentencing under the Three Strikes Reform Act of 2012. The trial court denied the petition because defendant was armed with a firearm and intended to cause great bodily injury when he possessed the firearm.

Appellee Northeast Harris County MUD 1 filed an eminent domain suit against appellants Frank and Shelley Thornton. The Thorntons brought counterclaims for inverse condemnation, nuisance, trespass, and negligent trespass. MUD filed a plea to the jurisdiction, arguing that there was no legislative waiver of its governmental immunity and that the Thorntons’ counterclaims did not give rise to a cons

D. Brent Lemon appeals the trial court’s judgment in favor of Daniel Hagood following a jury trial in this breach-of-contract suit. The jury found Lemon breached the contract and determined Hagood suffered damages of $97,024.77 and that his reasonable attorney’s fees in the trial court were $125,000. The trial court entered judgment for Hagood on the verdict. Lemon brings ten issues on appeal

State of Oklahoma v. Nicholas Solis

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649
Date Of Offense: 10/27/2012

Party Name: Disposition Information:

SOLIS, NICHOLAS
Disposed: DEFERRED, 02/19/2013. Nolo Contendere Plea.
Count as Disposed:ASSAULT & BATTERY UPON A POLICE OFFICER (ABOFF)
Viola

State of Oklahoma v. Justin Levi Brimer

Count # 1.
Count as Filed: FE1A, ELUDING A POLICE OFFICER , in violation of 21 O.S. 540A
Date Of Offense: 11/09/2012

Party Name: Disposition Information:

BRIMER, JUSTIN LEVI
Disposed: DEFERRED, 01/08/2013. Guilty Plea.
Count as Disposed:Attempt to Elude Officer (Misdemeanor) (ES6)
Violation of 21 O.S. 540

Lilas Moua (appellant) appeals from a judgment entered after the trial court
granted summary judgment in favor of Pittullo, Howington, Barker, Abernathy, LLP;
P. Timothy Pittullo (Pittullo) and Jonathon A. Zitney (Zitney) (collectively respondents)
on appellant’s claim against respondents for legal malpractice. We affirm.
FACTUAL BACKGROUND
Appellant was born and educated in

State of Oklahoma v. Christina L. Winn

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649
Date Of Offense: 11/04/2012

Party Name: Disposition Information:

WINN, CHRISTINA L
Disposed: CONVICTION, 09/12/2013. Jury Trial.
Count as Disposed:ASSAULT (OPER)
Violation of 21 O.S. 641-850

Cou

This appeal arises from the granting of a plea to the jurisdiction. Appellant Mark Bernhard raises three issues on appeal: (1) the trial court erred in granting the plea to the jurisdiction; (2) his claims are not barred by the Recreational Use Statute (“RUS”), see TEX. CIV. PRAC. & REM. CODE ANN. §§ 75.001–.007 (West, Westlaw through 2013 3d
2
C.S.); and (3) the duty owed to him b

The Fannin County Community Supervision and Corrections Department (Department) appeals the denial of its plea to the jurisdiction in a whistleblower action filed by its former employee, Glenda Spoon. “[W]histleblowing is ‘the act of a man or woman who, believing that the public interest overrides the interest of the organization he [or she] serves, publicly “blows the whistle” if the orga

B.L.M. (Beth) appeals the termination of her parental rights to P.M. and B.M., her
two daughters with J.H.M., III (Jack).1 After a two-day bench trial, the trial court found that Beth
had endangered her children and that termination of her parental rights was in their best interest. See
Tex. Fam. Code §§ 161.001(1)(D)-(E), (2) (termination of parental rights). On appeal, Beth
con

Issue # 1.
Issue: AUTO NEGLIGENCE (AUTONEG)
Filed by: PATTON, CODY
Filed Date: 12/06/2013
Party Name: Disposition Information:

Defendant: DONOHO, MAGGIE
Disposed: DISMISSED - WITH PREJUDICE, 06/12/2014. Dismissed- Settled.

Plaintiff alleges and states as follows:
1. Plaintiff was at all material times a resident of Tulsa County, Oklahoma.
2. Def

Dale Piercy appeals the district court’s dismissal of his amended action for declaratory relief, which challenged the validity of a herd district ordinance enacted in 1982 by the Canyon County Commissioners. The district court dismissed Piercy’s claim on the basis that it was barred by a seven-year statute of limitations or, in the alternative, a four-year statute of limitations. Piercy challe

This case arose after New Sweden Irrigation District ("New Sweden") mowed the canal
banks on Bradley Morgan's property. Morgan claimed New Sweden negligently damaged his
property. New Sweden counterclaimed for a declaratory judgment as to its easement's existence
and scope, and then moved for summary judgment. The Bonneville County district court granted
partial summa"ry judgment,

Hallmark Cards, Inc. (Hallmark), hired Monitor Company Group, L.P.
(Monitor), to compile research on the greeting cards market. Monitor transmitted
confidential market research it had prepared for Hallmark to a private equity firm
called Monitor Clipper Partners, LLC (Clipper), the defendant in this litigation.
Clipper used this information to purchase and subsequently manage a com

In 2004, before E.M. entered the fourth grade, he was first
tested for a learning disability. Through this lengthy
litigation it has been established that E.M. has an auditory
processing disorder or a central auditory processing disorder.
However, in the fall of 2004 and the spring of 2005, E.M.’s
school district, the Pajaro Valley Unified School District
(“PVUSD”) te

In this appeal, we resolve whether a statutory probate court has exclusive jurisdiction over a suit, filed in 2004, seeking to clear a cloud on title. The suit, filed by the owners of the executive mineral rights against the trustee of a testamentary trust, sought to remove a cloud on the ownership of minerals on land
2
in Liberty County. The trustee created the cloud on the right of the e

The district court granted Defendants–Appellees’ motion for summary judgment, finding that they did not violate the overtime wage requirements of the Fair Labor Standards Act (“FLSA”) by using a Monday through Sunday workweek to calculate overtime compensation. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Plaintiffs–Appellants Kevin Johnson (“Johnson”) and Brad Smith (“S

Two conservation groups, Friends
of Merrymeeting Bay and Environment Maine (collectively,
"Plaintiffs"), brought two citizen enforcement suits containing
claims under the Endangered Species Act ("ESA"), 16 U.S.C.
§§ 1531–1544, and the Clean Water Act ("CWA"), 33 U.S.C.
§§ 1251–1387, against Hydro Kennebec, LLC, Brookfield Power US
Asset Management, LLC, Merimil Limi

R. Wayne Klein (“Mr. Klein” or “Receiver”), the court-appointed receiver for
Winsome Investment Trust (“Winsome”), filed this action to recover funds paid from
Winsome to King & King & Jones, P.C. (“KKJ”). The district court granted
summary judgment in favor of the Receiver. KKJ appeals, and we affirm.
* After examining the briefs and appellate record, this panel ha

State of Oklahoma v. Danny J. Trevathan

Count # 2.
Count as Filed: RES, RESISTING AN OFFICER , in violation of 21 O.S. 268
Date Of Offense: 10/31/2012

Party Name: Disposition Information:

TREVATHAN, DANNY J
Disposed: DISMISSED, 02/13/2013. Dismissed with Costs.
Count as Disposed:RESISTING AN OFFICER (RES)
Violation of 21 O.S. 268

While answering a casting call for a low-budget amateur
film doesn’t often lead to stardom, it also rarely turns an
aspiring actress into the subject of a fatwa. But that’s exactly
what happened to Cindy Lee Garcia when she agreed to act
in a film with the working title “Desert Warrior.”
The film’s writer and producer, Mark Basseley
Youssef—who also goes by the