US Courts

Michael Lumpkins v. State of Texas - Appeal Dismissed

The Texas Court of Appeals, 7th District, has dismissed the criminal appeal of Michael Lumpkins in Docket No. 07-26-00003-CR. The dismissal is based on the trial court's findings that the appellant no longer wishes to pursue the appeal, following a prior remand to ascertain his intent.

Gonzales v. Texas - Aggravated Sexual Assault Conviction Affirmed

The Texas Court of Appeals affirmed the conviction of Osbaldo Gonzales for aggravated sexual assault of a child. The court addressed two issues raised by the appellant concerning a material variance between the indictment and proof, and ineffective assistance of counsel during the punishment phase.

Erick Kevin Beltran-Tovar v. State of Texas - Appeal Abated

The Texas Court of Appeals has abated and remanded the appeal of Erick Kevin Beltran-Tovar, who was convicted of sexual assault of a child. The court took this action because Appellant's appointed counsel failed to file the required appellate brief by the court's deadline.

A.C. and N.C. children case, docket 07-25-00337-CV, appeal abated

A.C. and N.C. children case, docket 07-25-00337-CV, appeal abated

People v. Chang - Imperfect Self-Defense Denied

The California Court of Appeal denied a defendant's appeal regarding the denial of an imperfect self-defense instruction. The court found that the defendant's belief, stemming from delusions about CIA agents, lacked an objective correlate required for imperfect self-defense, distinguishing it from a mere mistake of fact.

Aerni v. RR San Dimas - Ruling Reversed and Remanded

The California Court of Appeal reversed and remanded a lower court's denial of class certification in Aerni v. RR San Dimas. The case concerns alleged violations of Civil Code section 1940.1, which aims to prevent the '28-day shuffle' practice in residential hotels. The appellate court found that the trial court erred in concluding that individualized issues predominated over common ones for class certification.

West Contra Costa Unified School Dist. v. Super. Ct. - Teacher Vacancy Rules Compliance

The California Court of Appeal ruled that the West Contra Costa Unified School District failed to prove compliance with teacher vacancy rules. The court found the district's non-compliance premature to be excused by impossibility, pending proof of unsuccessful attempts to follow statutory procedures.

Perdomo Ulloa v. Bondi - Immigration Removal Proceedings

The Fourth Circuit denied petitions for review, holding that a conviction for an offense carrying a maximum sentence of twelve months qualifies as a crime for which a sentence of one year or longer may be imposed under immigration law. This renders Oscar Rene Perdomo Ulloa ineligible for cancellation of removal.

United States v. Gary Lee Hodges - Affirmance of Conviction

The Fourth Circuit Court of Appeals affirmed Gary Lee Hodges' conviction and sentence for attempted enticement of a minor. The court ruled that the term "minor" in the relevant sentencing guidelines includes fictitious minors, upholding the district court's application of enhancements and the 324-month sentence.

US v. Marcus Taylor - Affirmation of Post-Conviction Relief Denial

The Fourth Circuit affirmed a district court's denial of Marcus Taylor's motion for post-conviction relief under 28 U.S.C. § 2255. Taylor's convictions stem from his involvement with the Gun Trace Task Force. The appellate court found no error in the district court's procedural or substantive decisions.