Trespass Law
 
State of Nebraska v. Michael R. Thomas Nebraska Court of Appeals

At approximately 1:30 a.m. on June 27, 2015, law enforcement
officers responded to a disturbance call at an apartment
building located on South 16th Street in Lincoln, Nebraska.
The officers were responding to the scene of an altercation
between Thomas and Yvette Taylor that took place in front of
the apartment building. Thomas was eventually issued a citation
by one of the... More...
   $0 (11-29-2017 - NE)

STATE OF NEBRASKA V. DARRYL T. WELLON

Case No. A-17-283.

On November 3, 2015, the State filed an information charging Wellon with one count of possession of a deadly weapon by a prohibited person, a Class ID felony, pursuant to Neb. Rev. Stat. § 28-1206(1)(a) and (3)(b) (Reissue 2016). The offense was alleged to have occurred on October 13. This was after the August 30, 2015, effective date of 2015 Neb. Laws, L.B. 605, whic... More...
   $0 (11-29-2017 - NE)

STATE OF MISSOURI v. DERIK T. DAVIS

Prior to the February 2015 incident underlying this prosecution, the female Victim3 and Davis had been in a romantic relationship since 2005. The Victim and Davis had lived together on and off until they broke off their relationship in August 2014. The couple have a daughter together, who was six years old at the time of Davis’ crimes. The Victim and Davis continued to have contact after he move... More...   $0 (11-28-2017 - MO)

Justin Ray Holloway v. The State of Texas Photos of girlfriend in bed sent to man while reporting burglary

Holloway complains that the trial court abused its discretion by refusing to include
a lesser-included offense in the jury charge. In the indictment, Holloway was alleged to
have "intentionally or knowingly enter[ed] a habitation without the effective consent of
Jane Doe or Corey Heitzman, the owner thereof, and attempted to commit or committed
theft of property, to wit: a ph... More...
   $0 (11-27-2017 - TX)

Rickey Darrell Miller v. State of Texas Court of Appeals Fifth District of Texas at Dallas

Miller’s eight-year-old granddaughter, N.S., made an outcry to her school counselor that
Miller had sexually abused her. N.S. provided more details of two assaults in a subsequent
forensic interview at the Dallas Children’s Advocacy Center. N.S., who was ten years old at the
time of trial, testified about two incidents during which Miller sexually abused her. Miller also
tes... More...
   $0 (11-26-2017 - TX)

STATE OF WASHINGTON V. ANTHONY A. JOSEPH Washington State Supreme Court

On October 4, 2014, police responded to a report of vehicle prowling. The
responding officer found Anthony Joseph asleep in an unlocked Chevy Blazer on a
public street in Ellensburg. The officer recognized Joseph and knew that he was
homeless. The officer contacted Joseph and told him to exit the vehicle.
Initially, Joseph said that he had the owner's permission; however, he thenMore...
   $0 (11-26-2017 - )

STATE OF UTAH v. MICHAEL WADDELL JOHNSON Jury returns guilty verdict for Michael Waddell Johnson in 1998 killing

Michael Johnson was charged and tried for murder. At trial, Mr. Johnson requested an instruction for the lesser offense of homicide by assault. The trial court agreed and stated on the record that it would use the homicide by assault instruction submitted by Mr. Johnson. ¶3 The jury returned a guilty verdict on the murder charge, and Mr. Johnson appealed his conviction to the court of appeals. H... More...   $0 (11-26-2017 - UT)

STATE OF NORTH CAROLINA v. WILLIE ANTHONY JUNIO FARRAR

The evidence at trial establishes the following factual background. Sherri
Hancock (“Ms. Hancock”) was at home on the afternoon of 17 January 2015, when
she heard a car pull into her driveway. Her house was at the end of a long driveway,
and not visible from the road. She looked out a window and saw a red Honda Accord
(“the car”) parked next to some bushes beside her house. ... More...
   $0 (11-21-2017 - NC)

Aleksandr Vasilenko v. Grace Family Church

Plaintiff Aleksandr Vasilenko was struck by a car as he crossed a public
street between the main premises of defendant Grace Family Church (the Church)
and the Church’s overflow parking area. Vasilenko contends that the Church
owed him a duty of care to assist him in safely crossing the public street and that
the Church was negligent in failing to do so. The Church argues that it h... More...
   $0 (11-19-2017 - CA)

Pablo Alfaro-Jimenez v. The State of Texas Court of Appeals - 4th District | Bexar County, TX

On July 10, 2014, San Antonio Police Officer Edward Rodriguez was dispatched for a
domestic disturbance. The complainant told the officers that her ex-boyfriend, identified as Juan
Alberto Torres Landa, was beating on the door, kicking the door, and threatening her. By the time
officers arrived, the ex-boyfriend was gone.
After conducting an investigation, and ensuring the... More...
   $0 (11-16-2017 - TX)

Garden Oaks Maintenance Organization v. Peter S. Chang and Katherine M. Chang Harris County Courthouse - Houston, Texas

This case involves the attempted enforcement of a deed restriction against building more than a single one-car or two-car garage on a property located in the Garden Oaks, Section 3, Subdivision (the “Subdivision”). Appellant Garden Oaks Maintenance Organization (“GOMO”) filed suit against appellees Peter S. Chang and Katherine M. Chang seeking a permanent injunction to have the Changs remove
2... More...
   $0 (11-15-2017 - TX)

STATE OF OHIO v. DESHANON HAYWOOD Akron man sentenced to 35 years to life in prison for quadruple murder

During the early morning hours of April 18, 2013, four people were murdered in
the basement of an apartment on Kimlyn Circle in Akron. R.R., one of the victims, resided at the
apartment and had received a sizeable amount of heroin the night before his murder. The three
other victims found alongside him were K.W., his girlfriend; M.N., a female friend of K.W.; and
K.D., a mal... More...
   $0 (11-12-2017 - OH)

Marta Deleon v. State of Indiana Indiana Supreme Court

The Wheeler Mission Ministry Center for Women and Children (the Mission)
in Indianapolis follows a winter contingency policy when the facility does not
have enough beds during the winter months. Pursuant to this policy, guests
who arrive early enough are allowed to have dinner, stay the night, and have
breakfast the next morning. They then must leave the Mission.
[4] Del... More...
   $0 (11-11-2017 - IN)

STATE OF KANSAS v. DARRELL L. WILLIAMS

In February 2014, police officers responded to a report that Williams had become suicidal. Police officers arrested Williams based on an unrelated warrant. Williams initially cooperated with the police officers but became unruly after learning that his girlfriend was also being arrested pursuant to a warrant for her arrest. After "tussling" with Williams, two police officers restrained him by tasi... More...   $0 (11-09-2017 - KS)

State of Tennessee v. D'Maris LaQuann Fuller Tennessee Supreme Court

The Appellant and his co-defendant, Enrique Demontez Newbell, were indicted for the aggravated robbery of the victim, Thomas Lanier. At a joint trial, the victim testified that around 3:00 p.m. on Sunday, August 11, 2013, he was picked up at home by Newbell; Deron Garrett, whose nickname was “Speedy”; and a man he identified only as
“Doc.” Newbell, who was driving Garrett’s red Mustang, too... More...
   $0 (11-07-2017 - TN)

Saefaldin Rahmati and Abdul Saeed Assadi Rahmati v. AJBJK, L.L.P. Fort Bend County Courthouse - Richmond, Texas

Appellants, Saefaldin Rahmati and Abdul Saeed Assadi Rahmati (collectively, “the Rahmatis”), challenge the trial court’s judgment, rendered after a trial to the court, in favor of appellee, AJBJK, L.L.P., in its suit against them for a
2
declaratory judgment, a permanent injunction, and damages. In three issues, the Rahmatis contend that the evidence supporting the trial court’s declarator... More...
   $0 (11-06-2017 - )

STATE OF OHIO vs. LEVENSKI CROSSTY

Jessica Wilson, the mother of Crossty’s two-year-old daughter, was
house-sitting for a friend who was out of town. Wilson and her four young children
were at the home when Crossty entered, uninvited, through a window. Wilson did
not know Crossty had entered the home until she heard him screaming at her while
she was giving one of the children a bath. Wilson shut and locked t... More...
   $0 (11-05-2017 - OH)

Louis F. Puig, MD, PA v. High Standards Networking and Computer Service, Inc. d/b/a High Standards Technology, Inc. Harris County Courthouse - Houston, Texas

High Standards Networking and Computer Service, Inc. d/b/a High Standards Technology, Inc. (“HST”) sued Louis F. Puig, MD, PA d/b/a Occupational Medical Care (“OMC”) for breach of contract and business disparagement. OMC counterclaimed for breach of contract, harmful access by computer, and trespass.
2
The jury found in favor of HST on its claim and against OMC on its counterclaims. On app... More...
   $0 (10-26-2017 - TX)

Scott M. Brand and April G. Brand v. Amy S. Paul

¶1 This case involves a dispute between neighbors, in which both sides claim ownership of a strip of land that adjoins their respective properties (the subject property). Each side pursued a quiet title action against the other, and the district court granted summary judgment in favor of Amy S. Paul, the trustee of the Amy S. Paul Trust (the Trust), concluding that the Trust had acquired all right... More...   $0 (10-26-2017 - UT)

Facebook, Inc. v. The Superior Court of San Diego County, Lance Touchstone, Real Party in Interest

The issue whether a criminal defendant has a constitutional right to obtain social
media records from an electronic communication or remote computing service is
currently under review by the California Supreme Court in Facebook, Inc. v. Superior
Court (2015) 240 Cal.App.4th 203, review granted December 16, 2015, S230051
(Facebook I). In this case, we address the same issue knowing ... More...
   $0 (10-05-2017 - CA)

Jennifer S. v. The Superior Court of San Francisco County, San Francisco Human Services Agency

In this consolidated writ proceeding, Jennifer S. (mother) and Kenneth S.
(father) seek extraordinary relief from the juvenile court order denying them both
reunification services with respect to their infant daughter, K.S. (born January 2017), and
setting a permanency planning hearing pursuant to section 366.26 of the Welfare and
Institutions Code.1
At the June 2017 dispositi... More...
   $0 (10-04-2017 - CA)

Gregory A. Grice, III v. Anthony McVeigh United States District Court for the Southern District of New York - New York, New York

Plaintiff‐Appellee Gregory A. Grice, III, a 16 year old train enthusiast, was
stopped and handcuffed after the Greenburgh Police Department received a 911
report that someone holding an electronic device was bending down by the
tracks at a rail crossing. After a search of the tracks by the Metropolitan Transit
Authority (“MTA”), the Greenburgh officers turned Grice over to th... More...
   $0 (10-03-2017 - NY)

Robert C. Livingston v. Catherine Livingston Harris County Courthouse - Houston, Texas

This suit arises from the acrimonious relationship between Catherine Livingston and her step-son, Robert Livingston. Catherine sued Robert for assault, false imprisonment, and infliction of emotional distress. A jury found that Robert
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had not assaulted or falsely imprisoned Catherine, but it did find that Robert had intentionally inflicted severe emotional distress on Catherine and that ... More...
   $0 (09-21-2017 - TX)

Robert Jude Wilber v. Robert Curtis; Brian Kinsella; Michael Rogers Federal Courthouse - Boston, Massachusetts

This appeal concerns a challenge
to a summary judgment ruling that dismissed a lawsuit that a
Massachusetts property owner brought against three police
officers. The suit addressed the owner's arrest for actions that
he took in connection with his objection to the clearing of
vegetation on his property by the work crew for an electrical
utility, which held an easement to th... More...
   $0 (09-21-2017 - MA)

Jesse C. Burciaga; Edna K. Burciaga v. Deutsche Bank National Trust Company Fifth Circuit Court of Appeals - New Orleans, Louisiana

The Burciagas defaulted on their home equity loan in 2011. In 2013,
Deutsche Bank filed a foreclosure suit in Texas state court. Without holding a
hearing—as required by Texas law—the state court entered a foreclosure
order. Although Texas law expressly required that any challenge to the
foreclosure order be made in a separate, original proceeding, the Burciagas
moved to vacate... More...
   $0 (09-18-2017 - TX)

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