Trespass Law
 
Edward Joseph Osuna v. The State of Texas

The jury heard evidence that Amy Mikulec and her fiancé, Luke Carrell, lived in a
mobile home owned by Amy’s parents, Jennifer and Danny Mikulec, on fenced-off property also
owned by Jennifer and Danny. In September of 2014, Amy and Luke were in the process of moving
out but still had most of their clothing and property in the mobile home. During that time, a neighbor
who lived a... More...
   $0 (07-03-2018 - TX)

State of Tennessee v. Franklin James Howe

On April 20, 2016, a Hamilton County grand jury charged the Defendant with one count of aggravated burglary and one count of theft of property valued at $500 or less. On December 9, 2016, the Defendant pleaded guilty to one count of aggravated criminal trespass and one count of theft of property valued at $500 or less. Pursuant to the plea agreement, the trial court imposed consecutive sentences... More...   $0 (07-01-2018 - TN)

State of Louisiana v. Amethyst Baird Rathore

On April 28, 2016, law enforcement officers received a call regarding
a burglary at a rental house. While checking the property, the owner
encountered Defendant inside the house. Defendant fled the scene, but was
identified by a witness and apprehended by officers at her residence.
Officers obtained a search warrant for Defendant’s house and discovered
several items in ... More...
   $0 (07-01-2018 - LA)

Preston Dewayne Vannoy v. The State of Texas

On March 31, 2015, Austin McFarland contacted his neighbors Jimmy and Barbara
Montgomery to inform them he saw another neighbor, Vannoy, jump the fence from “their land”
back onto his own property. The property in question was posted with NO TRESPASSING signs.
Barbara, the complainant herein, contacted authorities to report the trespass, and Deputy Laura
Kohls with the Guadal... More...
   $0 (06-30-2018 - TX)

STATE OF KANSAS v. VINCENT R. JARMON

At the time of the events that led to the conviction, Tommy Luallen and his mother, Mathilda Luallen, owned a commercial building in Wichita. Tommy was in business with Larry Farmer. Tommy and Farmer bought storage units at auctions and resold the contents. They stored their inventory at the building in Wichita.

On May 6, 2013, Tommy Luallen and Farmer went to the building and discover... More...
   $0 (06-28-2018 - KS)

Ex parte Shania Mikel Craven

The Little Elm Police Department in Denton County arrested Shania
Craven on February 2, 2018, for Christopher Singh’s murder; the next day, a
magistrate set her bond at $200,000. The trial court found that Shania2 was
indigent and appointed her counsel on February 7, 2018.
On February 15, 2018, Shania filed an “Application for Writ of Habeas
Corpus or in the Alternative Mo... More...
   $0 (06-24-2018 - TX)

Jeffrey Cozzl v. City of Birmingham and Cedrick Thomas Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Jeffrey Cozzi was arrested for the robbery of one pharmacy and the attempted robbery of another. He was released after the police found no evidence linking him to the crimes. Cozzi sued Officer Cedrick Thomas, the City of Birmingham, Alabama, and several other law enforcement officers alleging, among other claims, a violation of his Fourth Amendment right to be free from what he contends was an un... More...   $0 (06-21-2018 - AL)

Joe Earl Smith v. The State of Texas

In January 2017, the State indicted Smith for the offense of murder, alleging that he shot
and killed his uncle, Jack Smith.1 Two days after the incident occurred, and following a multi
state search for Smith, he admitted that he had shot Jack multiple times with a shotgun.2 At trial,
various witnesses testified to the events leading up to the shooting, and for the most part, the <... More...
   $0 (06-15-2018 - TX)

Amanda Gail Gilbert v. The State of Texas

A jury convicted Amanda Gail Gilbert of unauthorized use of a motor vehicle, a state jail
felony. See TEX. PENAL CODE ANN. § 31.07 (West 2016). After a bench trial on punishment, the
trial court found true the State’s habitual-offender allegation and sentenced Gilbert to eight years’
confinement. On appeal, Gilbert argues that the trial court erred in submitting a jury charge tha... More...
   $0 (06-15-2018 - TX)

Kathleen Darleen Daniel v. The State of Texas

On July 4, 2015, Jaci Lewis and Skylar Obuch, both teenage girls, were tubing down West
Sister Creek when they encountered Daniel and an altercation transpired. By all accounts, Daniel
was under the impression that the teenagers were trespassing on her property; the girls believed
they were floating on a public waterway. Daniel pulled out her firearm and ordered the girls out
... More...
   $0 (06-14-2018 - TX)

State of Ohio v. Anthony Smith COURT OF APPEALS OF OHIO

On April 13, 2016, appellant was indicted on one count each of aggravated burglary, rape, and kidnapping. On August 7, 2017, the case proceeded to a jury trial. As relevant to this appeal, the following evidence was presented.

On July 20, 1996, the victim, J.W., was alone at home with her two-year old daughter. J.W. and her daughter were sleeping in the same bed when J.W. was awoken b... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO vs. MICHELLE KRONENBERG

In February 2017, Kronenberg was charged with three counts of menacing by
stalking in violation of R.C. 2903.211(A)(1). The indictment charged that the offenses occurred
on February 22, 2017, and there was a count for each of the three victims: James LaMarca (Count
1), Mary Jo LaMarca (Count 2), and Alysse LaMarca (Count 3). All three counts contained
“furthermore” clauses, t... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO v. Ronald Roberson

In our prior decision, we summarized the facts that supported Roberson’s
five criminal convictions. Roberson I, ¶ 4-34. The only facts that are relevant to the
assignment of error before us now are those relating to the August 27, 2015 incident,
which supported two of Roberson’s convictions: aggravated burglary and rape. The
relevant facts are these:
Roberson met C.G... More...
   $0 (05-21-2018 - OH)

Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

Christopher Maurice Bell vs State of Florida

Christopher Bell was charged in three separate cases with three separate burglaries. He had three separate trials and got three separate guilty verdicts. He then filed three separate motions for new trial, each raising the same two arguments: (1) that the trial court erred in denying motions for judgment of acquittal and (2) that the verdict was contrary to the weight of the evidence. The presidin... More...   $0 (05-14-2018 - FL)

Demetrius Anderson v. State of Tennessee

On March 23, 2013, the Petitioner robbed two men, Richard Cooper and Willie Crawford, at gunpoint and took $60 and some marijuana. The victims called the police, and the Petitioner was apprehended after a short foot chase. In July 2013, the Petitioner was indicted for aggravated robbery and criminal attempt to commit aggravated robbery. On September 4, 2013, the trial court ordered the Petitione... More...   $0 (05-14-2018 - TN)

John Charles Prenderville v. State of Indiana COURT OF APPEALS OF INDIANA

On January 20, 2017, Prenderville and his ex-wife, Mary Pimental (Pimental),
were celebrating Prenderville’s birthday at a bar in Lake County, Indiana.
Prenderville became intoxicated and “obnoxious and began harassing
[Pimental] and belittling her” by “calling her stupid and a dumb bitch, and
using other profanities.” (Appellant’s App. Vol. II, p. 7). At around 2:30 a.m., <... More...
   $0 (05-09-2018 - IN)

State of Tennessee v. Elijajuan Smith Tennessee Court of Criminal Appeals

On August 25, 2015, the Defendant pleaded guilty to burglary of a businessand to vandalism, and the trial court sentenced the Defendant to an effective four years’ probation. The court ordered this sentence be served consecutively to a ten-year probationary sentence for an aggravated burglary conviction in an unrelated case.1 On August 23, 2016, a 1... More...   $0 (05-09-2018 - TN)

State of Tennessee v. Teddie Elijah Fason Tennessee Court of Criminal Appeals

The Defendant committed the offenses at issue on April 6, 2013. On April 22, 2014, he entered guilty pleas and was granted judicial diversion requiring the service of
four years on probation. As part of the Defendant’s probation, he was ordered to pay one hundred dollars per month toward court costs, fines, and restitution.
On August 11, 2014, the Defendant’s case officer signed an af... More...
   $0 (05-09-2018 - TN)

Gary Deon Elbeyallen a/k/a Gary Deon Allen v. The State of Texas

In April 2016, Naqibullah Haq owned “Mike’s Discount Food Store,” a
convenience store on East Berry Street in Fort Worth. According to the arresting
officer in this case, Officer James Polyak, Haq’s convenience store was a known
location of loitering, panhandling, and drug transactions. And according to Haq,
Appellant often lingered around the store—as Haq testified at the su... More...
   $0 (05-06-2018 - TX)

State of Missouri v. Travis W. Williams

In November 1996, Williams, then 26 years old, pleaded guilty to first-degree
statutory sodomy for inserting his thumb in a minor child’s vagina. He was sentenced to
five years in prison but, after completing a 120-day program in a sex offender assessment
unit, execution of his sentence was suspended and he was placed on probation for five
... More...
   $0 (05-03-2018 - MO)

Erik J. Hansen v. Sandridge Partners, L.P.

Respondent and cross-appellant Erik Hansen and several relatives (the “Hansens”)
own about 382 acres of farmland in Tulare County (APN 291-010-009; the “09 parcel”).
Appellant and cross-respondent Sandridge Partners, L.P., (Sandridge) owns an adjacent
parcel of about 250 acres (APN 291-010-005; the “05 parcel”).1
This case centers around
approximately 10 acres on the southwest... More...
   $0 (05-02-2018 - CA)

UNITED STATES OF AMERICA v. ROBERT ALEXANDER United States Court of Appeals for the Second Circuit

The following facts, which are drawn from the record of the suppression
hearing, are largely undisputed.
Alexander lived in a narrow house on Staten Island. The front of the house
faced the street, and a short set of stairs led directly from the sidewalk to the
front door. The property also included an 84-foot-long driveway that ran
perpendicular to the street and alongside the... More...
   $0 (05-01-2018 - NY)

Christopher Sanchez vs. Miami-Dade County

Chief Judge Rothenberg correctly described the summary judgment
evidence.
On August 24, 2012, Eli Salgado purchased a Miami-Dade County Park Foundation membership for $149. This membership included a coupon book containing several promotional items, including two tickets to the zoo, a 50% discount coupon for golf, and a coupon for the use of a park shelter without payment of the requisite... More...
   $0 (05-01-2018 - FL)

STATE OF KANSAS v. JERRY W. ROCCO

Rocco pled guilty to one count of aggravated battery and three counts of aggravated endangering a child, all person felonies. On April 7, 2016, he was sentenced to 24 months in prison but was placed on probation from that sentence for 18 months. Just a few months later, in August 2016, Rocco stipulated to violating his probation by failing to report to his probation officer, resulting in the distr... More...   $0 (04-29-2018 - KS)

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