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Criminal Law
Following a joint bench trial [trial by a judge without a jury], Steven O’Neil, Charles Kirschbaum, and Daniel Rodriguez, agents of Film Recovery Systems, Inc. (Film Recovery), were convicted of
Carl E. Vatcher fatally shot his 11-year-old son, James. A Superior Court jury convicted him of murder in the first degree on a theory of deliberate premeditation. On the morning of the shooting
George Schnopps, the defendant, was convicted before the Superior Court, Berkshire County, Massachusetts, of first-degree murder of his estranged wife and of unlawfully carrying a firearm. At a
Stephen Roy Carr (Defendant) was convicted of murder in the first degree before the Court of Common Pleas of Adams County, Criminal Division, and he was sentenced to life imprisonment. He appealed.
Upon convictions entered pursuant to guilty pleas, Nicholas Mays, the defendant, was sentenced by the Hamilton County Court of Common Pleas to five years’ incarceration for aggravated vehicular
Just hours before they died, Sherry Miller, Marjorie Wantz, and their family members met with Kevorkian at the home of Sherry Miller’s parents on October 22, 1991. Miller, 43, had advanced multiple
Robert Berkowitz (defendant) was charged with and convicted of rape in the Court of Common Pleas, Monroe County, of rape. He was sentenced to one to four years. The intermediate court of appeals (The
Juvenile S.M.I. (16 years old) appeals from an adjudication of delinquency on a charge that, if committed by an adult, would constitute second-degree sexual assault, N.J.S.A. 2C:14–2c(1). We have
Bobby J. Cameron (the defendant) was found guilty in the Municipal Court, Hamilton County, of committing domestic violence. The Municipal Court judge sentenced Cameron for a violation of
Read “Should bullies be treated as criminals?” available at http://usatoday30.usatoday.comewsation/story /2012–06–12/bullying-crime-schools-suicide/55554112/1.1. List and summarize the
Ted Hoying, the defendant, was convicted by a jury in the Court of Common Pleas, of menacing by stalking and intimidation of a victim. He was sentenced to a total of six and one-half years in prison.
Tyrone Allen was convicted in the Superior Court, City and County of San Francisco, of the kidnapping of a person under the age of 14. He appealed. The Court of Appeal affirmed.FactsOn August 7,
The defendant, Lai Lee, is charged with one count of Petit Larceny (PL § 155.25) and has filed a motion seeking dismissal of the complaint as facially insufficient. In order to be facially
Thomas Maze, Defendant, was convicted in the United States District Court for the Western District of Kentucky at Louisville on four counts of mail fraud. The Court of Appeals reversed. The Supreme
The U.S. military granted Navy commander Charles E. Coughlin a Purple Heart and the government awarded him $331,000 for neck and other injuries he claimed to have suffered when American Airlines
On August 27, 2007, an 87-year-old woman’s purse was stolen in a supermarket parking lot. As a result, the defendant, Nelson Rolon, was charged with, and ultimately convicted of, first-degree
Olga Lee Sonnier, the defendant, was convicted after a bench trial in the 230th District Court, Harris County, of theft. She was sentenced to 15 years confinement, and she appealed. The Court of
Following a nonjury trial, held on December 22, 1992, Duane Mitchell (the defendant) was convicted of the criminal mischief . . . graded as a misdemeanor of the third degree. The defendant filed
Barry L. Jewell, after a jury trial, was convicted of burglary with a deadly weapon resulting in serious bodily injury, a class A felony, and battery resulting in serious bodily injury, a class C
Ignacio Carlos Flores-Figueroa (Defendant) was convicted in the United States District Court for the Southern District of Iowa of aggravated identity theft. Flores-Figueroa appealed on the ground
Somewhere in Norristown, Pennsylvania, a husband’s paramour suffered a minor thumb burn at the hands of a betrayed wife. The United States Congress— “everywhere extending the sphere of its
• Former President Jimmy Carter, while he monitored elections in Lebanon, met with leaders of all the parties, including designated terrorist organization Hezbollah, to advise them on fair
I make this affidavit in support of an application for a complaint and arrest warrant for Asher Abid Khan (“Khan”), a 20-year old Houston area resident, who conspired to provide himself and his
According to the U.S. Attorney’s Office, Eastern District Tennessee:On February 18, 2014, Michael Walli, Megan Rice, and Greg Boertje-Obed were sentenced in U.S. District Court by the Honorable
Ferguson’s law enforcement practices are shaped by the City’s focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of
On June 30, 2009, Saint Paul, Minnesota, initiated two CGI lawsuits against the East Side Boys and the Selby Siders, two local gangs with a long history of violent criminal conduct, including a
Jesus Morales and other defendants in several separate cases were charged in the Circuit Court of Cook County with violating the Chicago anti-gang ordinance. Morales and the defendants in one case
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that ROSS WILLIAM ULBRICHT, a/k/a “Dread Pirate Roberts,” a/k/a “DPR,” a/k/a “Silk Road,”
Concluding the first prosecution of its kind in the United States, a well-known member of the “botmaster underground” was sentenced this afternoon to nearly five years in prison for profiting
Marc Burrell (defendant) was convicted of manslaughter after a jury trial in the Superior Court. Burrell appealed, arguing that the trial court committed an error in its jury instruction concerning
Brian Michael Gall (hereafter “Petitioner”) was convicted, on his guilty plea, in the U.S. District Court for the Southern District of Iowa, of conspiracy to distribute ecstasy and was sentenced
Omer Ninham (Defendant) was convicted of first-degree intentional homicide and was sentenced to life in prison without possibility of parole. Ninham filed a motion for relief from his life sentence,
Patrick Kennedy was convicted of the aggravated rape of his eight-year-old stepdaughter under a Louisiana statute that authorized capital punishment for the rape of a child under 12 years of age and
Shawn Gementera pilfered letters from several mailboxes along San Francisco’s Fulton Street on May 21, 2001. A police officer who observed the episode immediately detained Gementera and his partner
Defendants John Geddes Lawrence and Tyrone Garner were convicted in the County Criminal Court at Law No. 10, Harris County, Texas, of engaging in homosexual conduct. They appealed. On rehearing en
Raymond Woollard, a handgun owner, and a Second Amendment advocacy group brought an action against state officials, alleging Maryland’s requirement that an applicant demonstrate “good and
On December 1, 2011, a jury convicted the defendants of criminal harassment and convicted William of making a false report of child abuse. On the harassment charge, William was sentenced to two and
James Robert Newman (Defendant) was convicted in the Circuit Court, Multnomah County, of felony driving under influence of intoxicants (DUII), and he appealed. The Oregon Court of Appeals affirmed.
Ford J. Levy (Defendant) was convicted in the Justice Court of the Town of North Castle, Westchester County, of reckless endangerment in the second degree, reckless driving, and speeding. Levy
Acie Terry moore was convicted of second-degree murder and sentenced to the trial court sentenced defendant to a presumptive-range term of 146 to 185 months' imprisonment. moore appealed, arguing
Ronald Gene Fleck (Defendant) was convicted by a jury in the District Court, Douglas County, of assault by the intentional infliction of or attempt to inflict bodily harm upon another (assault-harm).
Tracy Kastl, a juvenile, was found to be delinquent, convicted of being a minor in possession of alcohol, and her driver’s license was suspended for one year. She appealed. The arizona Supreme
Zamara Janice Williams (Defendant) was convicted in a jury trial in the Circuit Court, Hillsborough County, of possession of cannabis with intent to sell, manufacture, or deliver. Defendant appealed.
Walter and Helen Pestinikas were convicted of third-degree murder in the Court of Common Pleas, Criminal Division, Lackawanna County. Each was sentenced to serve not less than five years or more than
It’s a misdemeanor to drink in public parks in most cities, including Minneapolis. Yet when a gourmet group had a brunch in one of the city’s parks, because they thought the park had just the
Dwight Ralph Smallwood was convicted of assault with intent to murder, reckless endangerment, and attempted murder. The trial court sentenced Smallwood to concurrent sentences of life imprisonment
There’s a video game making its way around the Internet, and many who have come across it say it crosses a line. “Border Patrol” is a Flash-based game that lets players shoot at Mexican
Douglas E. Metzger was convicted in the municipal court of the city of Lincoln, Nebraska, of violating § 9.52.100 of the Lincoln Municipal Code. The District Court, Lancaster County, affirmed the
Assume you’re an advisor to the Criminal Law Committee in your state’s legislature, which is considering legislation adopting “shaming” punishments for selected crimes. You’re asked to
Kenneth Rokicki was charged with a hate crime based on the predicate (underlying) offense of disorderly conduct. Before trial, Rokicki moved to dismiss the charges alleging, among other things, that
To prepare the memorandum, read the following: a. U.S. v. Gementara (2004). b. Jonathan Turley, Shame on You: Enough with Humiliating Punishments (2005).c. Garvey, Can Shaming Punishments Educate?
Gary Ewing was convicted in a California trial court of felony grand theft and sentenced to 25 years to life under that state’s three-strikes law. The California Court of Appeal, Second Appellate
Alfred Brown, the defendant, was convicted in the 268th Judicial District Court, Fort Bend County, of murder. The defendant appealed. The Houston Court of Appeals reversed and remanded. State
In 1997, 17-year-old Jeremy Strohmeyer entered a Las Vegas casino restroom holding the hand of 7-year-old Sherrice Iverson. He apparently raped and murdered the little girl in a restroom stall. While
Walter and Helen Pestinakas were convicted of third degree murder in the Court of Common Pleas, Criminal Division, Lackawanna County. Each was sentenced to serve not less than five years or more than
Appellant Jermaine Porter was adjudicated delinquent for being a minor in possession of a handgun and was committed to the Department of Youth Services. On appeal, Porter challenges the sufficiency
Calvin Stark was convicted in the Superior Court, Clallam County, Washington, of two counts of second-degree assault for intentionally exposing his sexual partners to the human immunodeficiency virus
Pete Jantzi was convicted in the Circuit Court, Klamath County, of assault in the second degree, and he appealed. The Court of Appeals held that the defendant knew he had a dangerous weapon and that
Bernhard Goetz, the defendant, was indicted for criminal possession of a weapon, attempted murder, assault, and reckless endangerment. The Supreme Court, Trial Term, New York County, dismissed the
Marion Hammer, executive director of Unifi ed Sportsmen of Florida, representative of the National Rifl e Association in Florida:When you are prosecuting law-abiding people for defending themselves
Teresa Thomas was convicted in the Court of Common Pleas, Athens County, of murder with a firearm specification, and she appealed. The Court of Appeals affirmed. The Supreme Court, Alice Robie
An eight-year-old boy faces double-murder charges in the shooting death of his father and another man while residents in the bucolic community of St. Johns try to make sense of the chilling crime.
St. Elizabeth’s Mental hospital submitted a proposal for the limited conditional release of patient John Hinckley, who was committed to the hospital upon a jury finding of not guilty, by reason of
Helen Ulvinen was convicted of first-degree murder pursuant to Minn. Stat. § 609.05, subd. 1 (1980), which imposes criminal liability on one who “intentionally aids, advises, hires, counsels, or
Susan and Anthony Provenzino of St. Clair Shores, Michigan, knew their 16-year-old son, Alex, was troubled. His first arrest occurred in May 1995, and in the year that followed, he continued his
Brian Chism (the defendant) was convicted before the First Judicial District Court, Caddo Parish, of being an accessory after the fact, and was sentenced to three years in Parish Prison, with two and
Accounting firm was convicted in the U.S. District Court for the Southern District of Texas, Melinda Harmon, J., of obstructing Securities and Exchange Commission (SEC) proceeding, and it appealed.
Peter Tomaino, the owner of an adult video store, was convicted in the Court of Common Pleas, Butler County, of disseminating matter harmful to juveniles. He appealed. The Court of Appeals reversed
In the heat of an argument, a woman grabs a gun and fires at her spouse, trying to kill him. She misses. Realizing the horror of what she has tried to do, she throws down the gun and embraces her
James Kimball, the defendant, was charged with and convicted of attempted unarmed robbery, at a bench trial conducted in early August 1979. He was sentenced to a prison term of from three to five
Raymond Alexander Young, the defendant, was convicted before the Circuit Court for Prince George’s County, of attempted armed robbery. He was sentenced to 20 years, and he appealed. The Court of
The defendant, Ralph Damms, was charged by information with the offense of attempt to commit murder in the first degree. The jury found the defendant guilty as charged, and the defendant was
David Le Barron was convicted of attempted rape and sentenced to not more than 15 years in prison. He appealed. The Wisconsin Supreme Court affirmed the conviction. CURRIE, J. On March 3, 1965, at
Leon Garcia, also known as Cody Garcia, the defendant, was convicted in the U.S. District Court for the District of Arizona of conspiracy to assault with a dangerous weapon and was sentenced to 60
James Cotton, the defendant, was convicted in the District Court, Eddy County, of criminal solicitation, and he appealed. The Court of Appeals reversed and remanded.DONNELLY, J.The defendant and his
Robert Byford, the defendant, and a codefendant were convicted in the Eighth Judicial District Court, Clark County, of first-degree murder with the use of a deadly weapon and were sentenced to death,
Just hours before they died, Miller, Wantz, and family members met with Kevorkian at the home of Sherry Miller’s parents on October 22, 1991. Miller, 43, had advanced multiple sclerosis and had
Lloyd Duest (the defendant) was convicted in the Circuit Court, Broward County, Patricia W. Cocalis, J., of first degree murder, for which the sentence of death was imposed, and the defendant
Robert Berkowitz, the defendant, was convicted in the Court of Common Pleas, Monroe County, of rape and indecent assault and he appealed. The Superior Court, Philadelphia, reversed the rape
On the night of June 23, 1993, John Wayne Bobbitt arrived at the couple’s Manassas, Virginia, apartment highly intoxicated after a night of partying and, according to testimony by Lorena Bobbitt in
Bobby Joe Joyce, Timothy E. Smith, Thomas O’Halloran, and Jim Tullah, homeless persons, brought an action against the city seeking a preliminary injunction against the Matrix Program that targeted
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