In 2015, we remanded to the District Court Jovica Petrovic’s claim under Rule
41(g) of the Federal Rules of Criminal Procedure for return of seized property. Once
again, he is appealing the denial of his motion. And once again, we remand for
further proceedings.
Initially, we construe the District Court’s October 2016 opinion, memorandum,
and order as converting Petrovic’s Rule... More...   $0 (06-07-2018 - MO)

Blake Huffman appeals from the denial of his application for postconviction
relief. By way of background, Huffman was convicted of five counts of sexual
abuse in the second degree, one count of sexual abuse in the third degree, and
one count of assault with intent to commit sex abuse arising out of the abuse of
two minors. On direct appeal, this court affirmed his convictions... More...   $0 (06-07-2018 - IA)

On September 10, 2015, John Drummer, Jr. (Defendant), who was home
alone with his girlfriend’s children, severely beat two-year-old Marcus Deal, Jr.
(Marcus, Jr.)1. Shortly thereafter the child became unresponsive. Defendant took
the victim to the hospital where he died as a result of massive internal injuries
received during the beating. Dr. Christopher Tape, M.D. (Dr. Tape... More...   $0 (06-07-2018 - LA)

Bobbi Kilburn‐Winnie and Michelle
Allen‐Gregory (collectively, “Appellants”) filed suit against the
2 No. 17‐2498
Town of Fortville, Indiana, Fortville Waterworks, and Fortville
Utilities (collectively, “Fortville”), alleging that their Fourteenth
Amendment procedural due process rights were
violated when Fortville disconnected their water service. The
... More...   $0 (06-07-2018 - IN)

Wasse Zafer was the sole owner and operator of Zafer Chiropractic & Sports Injuries, Inc. Zafer originally filed suit against Farmers in February 2012 in Cole County, Missouri. Some of Zafer's patients were insured by Farmers' automobile insurance policies, which provided personal injury protection coverage and/or medical payments coverage. Zafer alleged that some of those insured patients execute... More...   $0 (06-06-2018 - KS)

In February 2014, Mitchell-Pennington filed his first K.S.A. 60-1507 motion, alleging ineffective assistance of trial and appellate counsel in that they failed to object to the burden of proof jury instructions, they abandoned evidentiary errors, and they failed to raise several instances of prosecutorial misconduct on appeal. He also claimed there was newly discovered evidence that would tend to ... More...   $0 (06-06-2018 - KS)

Appellants Amber Jones and Deanna Lack appeal the district court’s decision to dismiss their suit for lack of subject-matter jurisdiction after finding that the Appellants’ case is moot. Because we agree that Appellants’ case is moot following the repeal of Tenn. Code Ann. § 2-10-102(12)(A) (2015),1 we AFFIRM. I. Our prior opinion in this case sets forth much of the relevant factual background, an... More...   $0 (06-06-2018 - TN)

On April 25, 1996, while incarcerated at Madison Correctional Institution, John C. Stojetz and five other inmates stormed a unit housing the State’s juvenile
>
No. 15-3116 Stojetz v. Ishee Page 2
offenders. State v. Stojetz, 705 N.E.2d 329, 333–34 (Ohio 1999). After overpowering the guard, Stojetz and the others proceeded to the cell of 17-year-old Damico Watkins, with whom they had ha... More...   $0 (06-05-2018 - OH)

Claimants appeal an order by the district court that found Claimants’ Answer to the In Rem Forfeiture Complaint insufficient because it objected to providing
testimonial statements as to matters requested therein because claimant argued the
search and seizure were unlawful and such information would be fruit of the
poisonous tree, and simultaneously forfeited the property. (A1144-14... More...   $0 (06-03-2018 - IA)

A good faith purchaser is “[a] purchaser who buys
without notice of circumstance which would put a person of
ordinary prudence on inquiry as to the title, or as to an
impediment on the title, of a seller.” (Black’s Law Dict. (6th ed.
1992) p. 693, col. 2.) The trial court found that respondent,
Steven Hall, was a good faith purchaser at a lien sale and
acquired the contents... More...   $0 (06-03-2018 - CA)

James A. Carter, Jr. (James), formed Jim A. Carter, Jr., Logging LLC (Carter
Logging), with James as its sole member. Carter Logging entered into two loan agreements
1 This is the second time this case has been before us. We initially remanded it back to settle the record and ordered rebriefing. Jim A. Carter, Jr., Logging, LLC v. First Na... More...   $0 (06-02-2018 - AR)

On April 27, 2016, plaintiff, Rico Lee, filed suit in the Twenty-Fourth
Judicial District Court for the Parish of Jefferson against defendants, Pull-A-Part of
New Orleans West, LLC and The Phoenix Insurance Company,1 for damages
arising out of an alleged August 13, 2015 accident. In his petition, plaintiff alleged
that, while a customer at Pull-A-Part’s vehicle yard in Harvey,... More...   $0 (06-02-2018 - LA)

Mary McDonald appeals the district court’s entry of judgment after a jury
verdict in favor of defendants on her Title VII retaliation claim. She argues that the
jury was improperly instructed on the legal standard for retaliation. Exercising
jurisdiction under 28 U.S.C. § 1291, we affirm.
I
McDonald served as Chief Prosecutor for the City of Wichita, Kansas, under
the super... More...   $0 (06-01-2018 - KS)

The assault in this case occurred at the end of a high-speed chase. When the chase began, appellant was clocked at driving eighty-three miles per hour, nearly thirty miles per hour over the posted speed limit. An officer pursued appellant with lights and siren engaged, but appellant did not stop. Appellant turned on his vehicle’s emergency flashers and continued to speed away. Appellant’s behavior... More...   $0 (06-01-2018 - TX)

In this putative class action against defendants and
respondents Williams-Sonoma, Inc., and Williams-Sonoma
Stores, Inc. (jointly, Williams-Sonoma), plaintiff and appellant
Harley Shine appeals from an order of dismissal following the
sustaining of a demurrer without leave to amend. Concluding
the demurrer was properly sustained on res judicata grounds, we
affirm.
FACTU... More...   $0 (05-30-2018 - CA)

Brian Keith Heuston seeks a Certificate of Appealability (COA) to appeal the
denial of his 28 U.S.C. § 2254 petition. We deny the COA.
I
In a 2008 jury trial in Oklahoma state court, Heuston was convicted of first
degree burglary, and assault and battery with intent to kill. Heuston was sentenced to
life imprisonment, to be followed by a consecutive 20-year sentence. Heuston fi... More...   $0 (05-29-2018 - OK)

Plaintiff-Appellant Willie Harrington sued Defendant-Appellee Ozark Waffles,
L.L.C. (“Ozark”) in state court alleging employment discrimination. Construing the
claim as based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.,
Ozark removed the case to federal district court. Based on Mr. Harrington’s failure to
prosecute, the district court dismissed the case... More...   $0 (05-29-2018 - CO)

Timothy J. Hill, a prisoner in the Oklahoma Department of Corrections,
petitions for a Certificate of Appealability (COA), seeking to challenge the district
court’s denial of his 28 U.S.C. § 2254 petition. We deny the COA.
I
Around March 2012, Hill’s then-girlfriend, Stacie Lewis, gave birth to a girl,
T.H. On June 5, 2012, when T.H. was three months old, Lewis walked into the<... More...   $0 (05-29-2018 - OK)

A. Legal Background—The Procedural Ordinance and 2008 Assessment
Under the Property and Business Improvement District Law of 1994 (PBID of
1994) (Sts. & Hy. Code,2 §§ 36600 et seq.), private property owners in a geographical
area can initiate formation of a business improvement district to assess themselves fees to
be spent promoting their businesses. (See Epstein v. Hollywood Ente... More...   $0 (05-28-2018 - CA)

On July 6, 2007, Smith pled guilty to a single count of aggravated robbery, a severity level 3 person felony, in exchange for the dismissal of several other charges. A presentence investigation revealed that Smith had a criminal history score of A, based, in part, on two burglary convictions from 1988 and 1990. On September 26, 2008, the district court sentenced Smith to 221 months in prison, the ... More...   $0 (05-27-2018 - KS)

Plaintiffs Ivan Arnold and Deirdre Seim filed separate lawsuits against
Defendant HomeAway, Inc.
1 In each case, HomeAway sought to compel arbitration. Concluding that both Seim and Arnold are bound to arbitrate threshold arbitrability questions, we REVERSE the judgment of the district court in Arnold’s case and AFFIRM the judgment in Seim’s. We REMAND both cases with instructions to compe... More...   $0 (05-25-2018 - TX)

Defendant-Appellant Hartford Insurance Company of the Midwest (“Hartford”) appeals the district court’s order denying its motion for summary judgment and granting that of Defendant-Appellee Axis Surplus Insurance Company (“Axis”). Hartford also challenges the district court’s grant of Axis’s motion to strike an affidavit submitted in support of its motion for summary judgment as untimely. For the ... More...   $0 (05-25-2018 - LA)

The Regional Director of the National Labor Relations Board sued DISH Network Corp., seeking an injunction against unilateral changes to employee wages during collective bargaining. The district court granted the injunction in part. Both DISH and the Board appealed. We AFFIRM.
FACTUAL AND PROCEDURAL BACKGROUND
DISH Network Corp. is a satellite television provider with production facilities... More...   $0 (05-25-2018 - TX)

This case arises out of a dispute under the Individuals with Disabilities Education Act (“IDEA”). Under the IDEA, when parents and school districts dispute a child’s educational placement, a parent may file an administrative due process complaint that can lead to an administrative hearing. At least ten days before the dispute reaches a hearing, the school district can extend a settlement offer to ... More...   $0 (05-23-2018 - PA)

Linda Marshall appeals from the judgment on reserved issues following the
dissolution of her marriage to Bryan S. Marshall.1
Linda challenges two specific aspects
of the family court’s division of marital property. She contends the court erred declaring
a 2006 capital gains tax liability to be a community debt, notwithstanding the fact she had
obtained an “innocent spouse” det... More...   $0 (05-21-2018 - CA)