Trespass Law
 
Don Karms and Robert Parker v. Kathleen Shanahan, Sandra McKeon Crow and New Jersey Transit District of New Jersey Federal Courthouses

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...   $0 (01-14-2018 - NJ)

Mark Matthew de Rouville v. The State of Texas Mark DeRouville is charged with criminal trespass.

On December 28, 2015, Appellant and James MacPherson went into Alto Parts Plus, an auto parts store, to buy a sawmill battery and to test a car battery. While in the store, they conversed with the salesperson, Cheyenne Deal. The store’s owner, Cynthia Hicks, observed Cheyenne looking uncomfortable and formulated a reason for Cheyenne to leave the conversation. Hicks asked the men if she could a... More...   $0 (01-12-2018 - TX)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector�a secretly-filmed expos� of the operation of an Idaho dairy fa... More...   $0 (01-09-2018 - ID)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

STATE OF OHIO v. STEVEN M. GREELEY

Shortly after 3:00 a.m., the police responded to an attempted break-in call at a
house on East Homestead Street in Medina. While inspecting the damage to the homeowner’s
back door, the police heard a series of loud banging noises and followed the noises to a nearby
residence. There, they found Mr. Greeley wearing a latex glove and using a hammer to strike the
back door of a v... More...
   $0 (01-08-2018 - OH)

Kathleen D. McBride, as Trustee, etc. v. Byron C. Smith

Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for
violating McBride’s rights with respect to a recorded easement over the Smiths’ property.
After sustaining demurrers to several versions of McBride’s complaint, the last without
leave to amend, the trial court entered judgment in favor of the Smiths. On appeal, we
conclude that McBride stated causes of action f... More...
   $0 (01-04-2018 - CA)

Ross E. Embry v. State of Indiana COURT OF APPEALS OF INDIANA

On December 29, 2016, Marshal Michael Kiefer of the Rocky Ripple Police
Department was called to the IndyGo Transit Center to assist with a patron
who was causing a disturbance. Upon Marshal Kiefer’s arrival, IndyGo
employees directed his attention to Embry, who was in the lobby. The
employees informed Marshal Kiefer that Embry had been smoking in the lobby,
which was a... More...
   $0 (01-04-2018 - IN)

STATE OF OHIO v. JARELLE N. GUICE

Late one evening, Mr. Guice ignored a police officer’s signal to stop his car and
led the officer on a brief car chase. At the time, Mr. Guice was the subject of a BOLO (“be on
the lookout”) because he had threatened his ex-girlfriend several hours earlier. The chase ended
when Mr. Guice, having driven to the duplex community where his ex-girlfriend was staying,
crashed his c... More...
   $0 (01-01-2018 - OH)

STATE OF MONTANA v. LEE COCHRAN AKERS SUPREME COURT OF THE STATE OF MONTANA

Akers travelled from Tennessee to Montana with four friends, Terri Gilley (Gilley),
Myron Tipton (Tipton), Terri McFarland, and Scott Marcha, to attend a music concert.
While in Montana, the group also visited Yellowstone National Park and stayed in a cabin
in Park County. Gilley and Akers had several arguments during the trip and on September
1, 2015, a physical altercation ... More...
   $0 (12-30-2017 - MT)

David Oden Delacey v. The State of Texas

Appellant was charged with criminal trespass on January 15, 2016. A jury trial was held from July 11, 2016, to July 14, 2016. At trial, complainant Gregory Garza’s next-door neighbor Wesley Walker testified that he was watching television at 4:30 a.m. on January 12, 2016, when he heard his dogs barking. Walker lives on Ross Street in La Marque, Texas next to complainant. When he heard his dog... More...   $0 (12-29-2017 - TX)

STATE OF LOUISIANA v. JEFFERY HAYDIN Louisiana Fifth Circuit Court of Appeal

On January 20, 2015, the Jefferson Parish District Attorney filed a bill of
information charging defendant with the second degree battery of Katie Haydin, in
violation of La. R.S. 14:34.1. Defendant pled not guilty at his arraignment on
January 21, 2015. The matter proceeded to trial before a six-person jury on
June 21, 2016. The following day, the jury returned a verdict of... More...
   $0 (12-26-2017 - LA)

Mark Bailey v. State of Indiana Court of Appeals of Indiana

On August 5, 2016, a Henry County Sheriff’s Department deputy attempted to
perform a traffic stop on a vehicle driven by Bailey. As the deputy exited his
patrol car, Bailey sped off. After a high-speed chase, Bailey crashed the vehicle
he was driving. The deputy discovered that the vehicle had been listed as stolen
and that Bailey was driving on a suspended license.
[... More...
   $0 (12-24-2017 - IN)

STATE OF OHIO -vs- ZACHARIAH VICKROY

On September 23, 2016, the Fairfield County Grand Jury indicted Appellant
on one count of aggravated burglary, in violation of R.C. 2911.11(A)(1), a felony of the
first degree; two counts of robbery, in violation of R.C. 2911.02(A)(2), felonies of the
second degree; one count of grand theft, in violation of R.C. 2913.02(B)(2), a felony of
the fourth degree; and one count of the... More...
   $0 (12-23-2017 - OH)

United States of America v. Marquis Aiken District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this criminal appeal, we must
decide whether the Defendant, Marquis Aiken ("Aiken"), had a
reasonable expectation of privacy under the Fourth Amendment in
the motel room where he was at the time of a police search of the
premises. The district court ruled in Aiken's favor. The
government timely filed this appeal. After careful review, we
reverse and remand.
I. FACTUA... More...
   $0 (12-18-2017 - ME)

Daniel Lucas Brooks v. The State of Texas

David Herron and Appellant attended middle and high school together. Herron graduated
from the University of North Texas with a degree in creative writing. He went through several
stints in treatment centers and rehabilitation facilities for heroin addiction. Herron and Appellant
re-connected via Facebook in late 2012. Herron’s Facebook page referenced violent rap music
lyr... More...
   $0 (12-14-2017 - TX)

John Barna v. Board of School Directors of the Panther Valley School District Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

Plaintiff John Barna filed a lawsuit under 42 U.S.C. § 1983 alleging that the Panther Valley School Board (“School Board” or “Board”) and several of its officials violated his First Amendment rights by categorically banning him from
attending Board meetings after he was threatening and disruptive on several occasions. The Board and the individual officials moved for summary judgment. The Distr... More...
   $0 (12-13-2017 - PA)

Town of Westport v. Monsanto Company, Solutia, Inc. and Pharmacia Corporation District of Massachusetts Federal Courthouse - Boston, Massachusetts

This is an appeal from the entry
of judgment for the defendants in a products liability case brought
by the plaintiff, Town of Westport ("Westport"). The defendants
are Monsanto Company, Solutia, Inc., and Pharmacia Corporation
(collectively "Pharmacia"). Westport filed suit under
Massachusetts law against Pharmacia, seeking to recover the cost
of remediating Westport Middl... More...
   $0 (12-12-2017 - MA)

Ricky Allen Dyise v. The State of Texas Texas Fifth Court of Appeals, Dallas Texas

Appellant is homeless and lives on the streets of Dallas. Police Sgt. Ross Stinson was
assigned to the Central Business District, an area of downtown Dallas with a homeless
population. Stinson was on patrol on April 23, 2016 when he saw appellant asleep on the
sidewalk and “jostled” his foot to awaken him. He asked if appellant was okay and told him to
go somewhere else to s... More...
   $0 (12-11-2017 - TX)

Michael Ayeh v. State of Indiana

In 2016, Ayeh and Vida Odai (Odai) had been divorced for about five years.
From the marriage, the parties had three children—aged seventeen, thirteen,
and eleven respectively. All three children lived at Odai’s house, and Odai’s
name was on the house’s mortgage. Ayeh resided in a shelter. On October 13,
2016, the parties’ thirteen-year-old daughter got injured and was taken... More...
   $0 (12-06-2017 - IN)

Terry Laverne Schmuck v. The State of Wyoming Kinnear Man Charged with Attempted First Degree Murder

Mr. Schmuck struck his wife, Cindy Schmuck, in the head with a hatchet. The blow fractured her skull and caused an underlying hemorrhage into the brain. The State charged Mr. Schmuck with one count of attempted murder in the first degree. The trial court also instructed the jury on the lesser included offenses of attempted murder in the second degree and attempted voluntary manslaughter.
... More...
   $0 (12-04-2017 - WY)

UNITED STATES OF AMERICA v. ARTHUR MATTHEW FERGUSON UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

On February 7, 2001, Ferguson pleaded guilty in the District Court to one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). Ferguson was sentenced to 84 months’ imprisonment, to be followed by three years of supervised release.
Two years into that term of supervision, the United States Probation Office petitioned the District Court to revoke Fergus... More...
   $0 (12-03-2017 - )

Kelly J. Cosgriff and Anito A. Cosgriff v. County of Winnebago Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

A dog bit a Roscoe Township employee
on Kelly and Anita Cosgriff’s property. After the employee
and the township sued the Cosgriffs, the Cosgriffs
started a petition campaign encouraging taxpayers to notify
the township that its employees should not trespass on private
property.

2 No. 17‐1396

The Cosgriffs’ next property assessment set by the townshipMore...
   $0 (12-01-2017 - IL)

Kristofer Polk v. State of Indiana

Kristofer Polk (“Polk”) was convicted of three felonies. For one of those
felonies, the trial court imposed an eight-year sentence, with six years executed
and two years suspended, and ordered that he serve one year on probation.
Court of Appeals of Indiana | Opinion 49A02-1703-CR-622 | November 30, 2017 Page 2 of 10

The trial court found Polk indigent as to fines and ... More...
   $0 (12-01-2017 - IN)

Kristofer Polk v. State of Indiana

Kristofer Polk (“Polk”) was convicted of three felonies. For one of those
felonies, the trial court imposed an eight-year sentence, with six years executed
and two years suspended, and ordered that he serve one year on probation.
Court of Appeals of Indiana | Opinion 49A02-1703-CR-622 | November 30, 2017 Page 2 of 10

The trial court found Polk indigent as to fines and ... More...
   $0 (12-01-2017 - IN)

Rose Brown v. Augustin Garcia Lake County Courthouse - Lake Port, California

This action is between two groups of the Elem Indian Colony Pomo Tribe (the
Tribe), the “Brown faction” (plaintiffs) and the “Garcia Council” (defendants).
Plaintiffs sued the Garcia Council over allegedly defamatory statements published in a
notification that warned they would be disenrolled if the Tribe’s General Council found
them guilty of specified crimes. The trial court rule... More...
   $0 (11-30-2017 - CA)

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