Trespass Law
 
Delvecchio Patrick v. The State of Texas

On August 19, 2012, Vickie Cook found her thirty-two year old daughter, Deanna, dead in the bathtub of Deanna’s home.3 The medical examiner who conducted the autopsy concluded that Deanna’s death was caused by drowning and other homicidal violence. Suspicion immediately focused on appellant with whom Deanna had been in a tumultuous, volatile, and often violent relationship since 2008. He was ... More...   $0 (09-01-2018 - TX)

Derek Dale Porter v. The State of Texas

This is a “he said, she said” family violence case. Around 2012, Shirley met Porter, and they began dating. Their relationship ended in late 2015, but it did not 2 The Texas Supreme Court transferred this appeal from the Court of Appeals for the Third District of Texas. Misc. Docket No. 17-9066 (Tex. June 20, 2017); see TEX. GOV’T CODE § 73.001 (... More...   $0 (08-31-2018 - TX)

STATE OF KANSAS v. WARREN ANTOINE ELLIOTT

On August 31, 2017, Elliott pled no contest to possession of drug paraphernalia and unlawful possession of a depressant drug, each a class A misdemeanor, and criminal trespass, a class B misdemeanor. At sentencing on October 12, 2017, Elliott requested that he receive a short jail sentence, such as 30-60 days, followed by probation so that he could receive drug treatment. He also told the court ab... More...   $0 (08-31-2018 - KS)

Terry Martin v. Behr Dayton Thermal Products, LLC Southern District of Ohio Courthouse - Cincinnati, Ohio

This toxic tort class action case arises from
Defendants’ alleged contamination of the groundwater in the McCook Field neighborhood of
Dayton, Ohio. Plaintiffs own properties in McCook Field, which is a low-income area
surrounding a Superfund site. They allege that Defendants released volatile organic compounds
and other hazardous substances into the groundwater underlying their pr... More...
   $0 (08-26-2018 - OH)

Manuel Fino v. The State of Texas

Appellant was indicted for murder. The indictment against him alleged as follows:
That MANUEL FINO, hereinafter called Defendant, on or about the 16th day of April, 2016 in the County of Dallas, State of Texas, did unlawfully then and there intentionally and knowingly cause the death of JESUS VEGA, an individual, hereinafter called deceased, by SHOOTING DECEASED WITH A FIREARM, a deadly weap... More...
   $0 (08-20-2018 - TX)

LINDA BERNING v. KANSAS DEPARTMENT OF REVENUE

In April 2014, at around 10 p.m. on a Sunday, Deputy Kristopher Casper saw a vehicle with its lights on and door open, parked at the back of the Bluebird bar. He believed the vehicle belonged to Linda Berning, who ran the Bluebird. He was not concerned at that time. He had met Berning before. But he knew the Bluebird was closed on Sundays. A short time later, Deputy Casper saw the vehicle leave th... More...   $0 (08-19-2018 - KS)

Naperville Smart Meter Awareness v. City of Naperville Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The City of Naperville owns and op-erates a public utility that provides electricity to the city’s res-idents. The utility collects residents’ energy-consumption data at fifteen-minute intervals. It then stores the data for up to three years. This case presents the question whether Naper-ville’s collection of this data is reasonable under the Fourth
2 No. 16-3766
Amendment of the U.S. Cons... More...
   $0 (08-17-2018 - IN)

Jason Springer v. Cleveland Clinic; Employee Health Plan Total Care Northern District of Ohio Courthouse - Cleveland, Ohio Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Sometimes it’s easier to seek forgiveness than permission. Jason Springer hoped as much when he arranged air ambulance transportation for his son before his employee benefit plan could verify his membership and authorize the service. But the plan administrator denied Springer’s claim for coverage because he did not obtain the precertification required for nonemergency transportation. The district ... More...   $0 (08-16-2018 - OH)

STATE OF OHIO -vs- DALTON G. SMITH

The following facts are adduced from the record of the bond revocation hearing on July 11, 2017 and the bench trial of August 3, 2017. {¶3} Appellant was age 87 at the time of these offenses. He met the victim, Jane Doe, when she volunteered at a church where he was the minister. The two have never had a romantic relationship and Doe does not want a romantic relationship with appellant. Doe... More...   $0 (08-13-2018 - OH)

Mark A. Emerson v. State of Indiana

In June 2015, Emerson and his then-wife Lara had separated but not yet
divorced. The two had one child together, and Lara had two other children
from a previous relationship. After the split, Lara and her children remained in
the marital home in Anderson, while Emerson stayed with a friend in
Indianapolis. At this time, Lara was in a romantic relationship with Cody Gay
(“G... More...
   $0 (08-07-2018 - IN)

STATE OF OHIO v. JERRY V. RAMEY, JR.

This case arises from the March 21, 2016, death of Earl Davis, Jr. Davis
was in his home located on Strand Avenue in Dayton when he was strangled to death by
Ramey. Ramey was indicted on one count of murder (proximate cause aggravated
burglary) in violation of R.C. 2903.02(B), one count of murder (proximate cause felonious
assault) in violation of R.C. 2903.02(B), one count o... More...
   $0 (08-04-2018 - OH)

STATE OF OHIO - vs - ANTHONY T. LONG

On November 18, 2016, appellant was indicted on two counts of Aggravated
Burglary, first-degree felonies, in violation of R.C. 2911.11(A)(1) (Counts 1 & 3) and two
counts of Burglary, second-degree felonies, in violation of R.C. 2911.12(A)(1) (Counts 2
& 4). Appellant entered a plea of not guilty. Count 2 was dismissed prior to trial at the
request of appellee, the state of O... More...
   $0 (08-01-2018 - OH)

State of Ohio v. Willie D. Ross

This case arises out of an incident that occurred on June 8, 2015 in which Lamont Lake was stabbed while at home. On June 17, 2015, a Franklin County Grand Jury filed an indictment charging Ross with three criminal counts: aggravated burglary in violation of R.C. 2911.11, a felony of the first degree; felonious assault in violation of R.C. 2903.11, a felony of the second degree; and attempted mur... More...   $0 (08-01-2018 - OH)

Angel Mendez and Jennifer Lynn Garcia v. County of Los Angeles, et al. Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

On remand from the United States Supreme Court we are tasked with deciding whether the unlawful entry into a residence by two sheriff’s deputies, without a warrant, consent, or exigent circumstances, was the proximate cause of the subsequent shooting and injuries to the plaintiffs. We hold that it was, permitting a federal claim under 42 U.S.C. § 1983. We also hold that the plaintiffs have an inde... More...   $4000000 (07-29-2018 - WA)

Derek Dale Porter v. The State of Texas

This is a “he said, she said” family violence case. Around 2012, Shirley met
Porter, and they began dating. Their relationship ended in late 2015, but it did not
end on good terms. After the breakup, Shirley obtained a protective order enjoining
Porter from contacting her, and she moved in with a friend, Gerard Nance.
One day, shortly after the protective order expired, Porter ... More...
   $0 (07-28-2018 - TX)

Ex parte Sandra Louise Garner

Here, Garner was arrested for the murder of her husband, Jon Kevin Garner. Bail
was initially set at $2,000,000; however, after Garner filed her first application for writ of
habeas corpus seeking reduced bail, the trial court lowered the bail amount to $1,000,000.
Thereafter, Garner filed a second application for writ of habeas corpus seeking to further
Ex parte Garner Page ... More...
   $0 (07-25-2018 - TX)

Fabian Pancho Tankesly v. The State of Texas MoreLaw Receptionist Services Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

Pursuant to a plea bargain, Appellant, Fabian Pancho Tankesly, was convicted of
theft of service,1 alleged to have been committed on or about June 6, 2014, in an amount
greater than $1,500 but less than $20,000, a state jail felony.2 Appellant’s range of
punishment was enhanced to that of a third degree felony by two prior state jail felony
convictions3 and he was sentenced to... More...
   $0 (07-24-2018 - TX)

UNITED STATES OF AMERICA v. Erick Gibbs

Gibbs pleaded guilty in August 2010 to possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1), and thereafter he was sentenced to 36 months’ imprisonment and 3 years’ supervised release. Six months after Gibbs was released from prison, he was charged in state court for possession of drug paraphernalia and, upon conviction, was sentenced to 45 days’ imprisonment, suspended, ... More...   $0 (07-22-2018 - NC)

Milton Jackson vs. The State of Florida

On August 19, 2015, the victim was walking with a friend to a neighbor’s
house around the corner when Jackson pulled up in his car and called the victim
over to talk with him. Jackson and the victim had previously been in an on-again,
off-again relationship. The victim told Jackson that she would talk with him when
she returned from the neighbor’s house. When the victim retu... More...
   $0 (07-14-2018 - FL)

State of Tennessee v. Johnny Lorenzo Wade

The victims, Johnny Shivers; his wife, Chermaine Owens Shivers; their then sixteen-year-old son, Jonathan Shivers; and Ms. Shivers’s twenty-one-year-old son, Markel Owens, lived on Walker Road in Jackson, Tennessee.2 Around 9:30 p.m. on January 15, 2014, their neighbor, Joseph Mosely, was returning home with his family from church when he “saw some guys” standing around a white car. As he was wa... More...   $0 (07-14-2018 - TN)

Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger United States Court of Appeals for the Third Circuit

In Vanderklok v. United States, 868 F.3d 189 (3d Cir.
2017), we declined to imply a Bivens cause of action against
airport screeners employed by the Transportation Security
Administration (TSA) in part because they “typically are not
law enforcement officers and do not act as such.” Id. at 208.
We now must decide a related question that we anticipated, but
did not resolve, ... More...
   $0 (07-13-2018 - PA)

STATE OF OHIO -vs- BEAU P. HILDENBRAND

On January 18, 2017, the Muskingum County Grand Jury indicted Appellant
on one count of burglary, in violation of R.C. 2911.12(A)(2), a felony of the second degree;
and one count of theft, in violation of R.C. 2913.02(A)(1), a misdemeanor of the first
degree. Appellant appeared for arraignment on February 6, 2017, and entered a plea of
not guilty to the Indictment. Appellant... More...
   $0 (07-08-2018 - OH)

STATE OF OHIO vs. GREG EVANS

At trial, Ebony Brown testified that in September 2016, she had been in a
relationship with Evans for about a year. Although they had lived together in the past,
they were not then living together. Evans would come over to her apartment and leave
when she went to work. At that time, Brown was working third shift, from 11:00 p.m. to
9:30 a.m., at a group home that provided ca... More...
   $0 (07-08-2018 - OH)

United States of America v. Therese Okoumou Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

New York, NY - The United States of America charged Theresa Patricia Okoumou, age 44, with trespass in violation of 18 U.S.C. 1865 (1), interfering with agency function in violation with 18 U.S. 1865 (2), and disorderly conduct in violation of 18 U.S.C. 1865 (3) for climbing onto the skirt of the Statute of Liberty to protest United States immigration practices.

Ms. Okoumous is from th... More...
   $0 (07-06-2018 - NY)

GREGORY BALDWIN vs. CITY OF ESTHERVILLE, IOWA; MATT REINEKE, Individually and in his Official Capacity as an officer of the Estherville Police Department; and MATT HELLICKSON, Individually and in his Official Capacity as an officer of the Estherville Police Department

When we answer a certified question, we rely upon the facts provided with the certified question. See Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors, 890 N.W.2d 50, 53 (Iowa 2017); Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa 2013). Accordingly, we restate the facts as set forth by the federal district court:
The incidents giving rise to ... More...
   $0 (07-04-2018 - IA)

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