Kenneth D. Spaulding appeals from judgments entered on jury verdicts convicting him of: two counts of first-degree sexual assault of a child, one count of first-degree sexual assault of a child, and one count of first-degree sexual assault of a ...Read More »
99-1848 Buckhannon Board and Care Home Inc. v. West Virginia Department of Health and Human Resources, et al.
“Even under a limited form of the ‘catalyst theory,’ a plaintiff could recover attorney’s fees if it established that the ‘complaint had sufficient merit to withstand a motion to dismiss for lack of jurisdiction or failure to state a claim ...Read More »
99-3095 In the Interest of Kelsey C.R., a person under the age of 17: State of Wisconsin v. Kelsey C.R.
We therefore affirm the court of appeals. “When Gonzalez told Kelsey to ‘stay put,’ she ran away. We, therefore, conclude that no seizure occurred in the present case, until the officers applied physical force to Kelsey, by catching her after ...Read More »
Adam Hill appeals a judgment convicting him of making a bomb threat. He also appeals an order denying postconviction relief. Hill contends that he is entitled to a new trial because he was convicted on the basis of an in-court ...Read More »
“When Congress replaced the text of the statute as construed in [McCarthy v. Madigan] with the exhaustion requirement at issue today, it presumably understood that under McCarthy the term ‘effective’ in the former sec. 1997e(a) eliminated the possibility of requiring ...Read More »
00-0929 In the Matter of the Guardianship and Protective Placement of Muriel K.: Knight v. Milwaukee County and Muriel K.
This is so because the recipient of a durable power of attorney has no personal legal rights in the grant – the power to create, and once created to undo, rests in the principal while that principal is competent, and ...Read More »
These appeals arise out of a combined refusal and suppression hearing in an Operating a Motor Vehicle While Intoxicated (OMVWI) prosecution. The trial court concluded that the police officer who stopped and then arrested Michael Flunker did not have a ...Read More »
“Indian tribes are ‘unique aggregations possessing attributes of sovereignty over both their members and their territory,’ but their dependent status generally precludes extension of tribal civil authority beyond these limits… The Navajo Nation’s imposition of a tax upon nonmembers on ...Read More »
Even though the parents may have known who the abuse reporters were, it was nevertheless an unlawful “disclosure” of the reporters’ identities within the meaning of the statute. “Given the statute’s goal of protecting reporters’ identities, it is appropriate to ...Read More »
Daniel Stormer was convicted of operating a motor vehicle while intoxicated, third offense. He received a sentence of 60 days in jail with Huber privileges, license revocation for thirty months, and a forfeiture of $1,346.50. The sole issue on appeal ...Read More »
“The burden of proving the applicability of the supervisory exception… should thus fall on the party asserting it. In addition, it is easier to prove an employee’s authority to exercise 1 of the 12 listed supervisory functions than to disprove ...Read More »
“After reviewing the written arguments of both parties and the record itself, the sentencing court made the following findings of fact. At the time of sentencing, the contents of the criminal complaint and pre-sentence report could have justified a multi-count ...Read More »
Michael J. Farrell appeals his conviction of operating a motor vehicle while intoxicated (OMVWI). He argues that the circuit court erred in refusing to suppress the results of his blood test. He concludes the circuit court was in error because ...Read More »
“The court’s decision on rehearing is flatly contrary to this Court’s controlling precedent, we grant the State’s petition for a writ of certiorari and reverse. As an initial matter, we note that the Arkansas Supreme Court never questioned Officer Taylor’s ...Read More »
“With respect to Kimbrough’s limited intellectual capacity, we note that while expert testimony established he had below average intelligence, it did not establish that he is mentally retarded. In addition, while the State’s psychologist testified that Kimbrough’s general ability to ...Read More »
uis Hernandez appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI). Hernandez contends that the trial court erred in denying a motion to suppress evidence gathered after an allegedly illegal traffic ...Read More »
“Because the standard in the ordinance is compatibility with the ‘normal’ activity of the neighborhood and the City relies heavily on testimony by neighbors to determine what that activity is, the plaintiff asks us to consider the possibility that a ...Read More »