CitationState v. Fries, 344 Ore. 541, 185 P.3d 453, 2008 Ore. LEXIS 383 Brief Fact Summary. Thomas Fries, Defendant, was assisting his friend Albritton move into his new home with his marijuana plants. Albritton had a medical marijuana card. While Defendant was driving, an officer pulled them over and arrested Defendant for possessing marijuana. Synopsis of Rule of Law. To constitute physical possession, the State must prove that the Defendant has physical control. ...
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Iowa v. Henderson
CitationHenderson v. Iowa, 1998 U.S. LEXIS 5216, 525 U.S. 843, 119 S. Ct. 108, 142 L. Ed. 2d 87, 67 U.S.L.W. 3232 Brief Fact Summary. The deputy arrived at Defendant’s residence to execute a writ of removal. While removing Defendant’s property, the deputy found contraband. Defendant was arrested and convicted of possession of marijuana and possession of methamphetamine. Defendant appealed alleging the State failed to prove she had dominion and control over the contraband. Synopsis of Rule of Law. To determine whether the defendant had dominion and control over the contraband i ...
United States v. $61,200.00 in U.S. Currency, More or Less
CitationUnited States v. 61,200.00 in United States Currency, 805 F. Supp. 2d 682, 2010 U.S. Dist. LEXIS 143634 Brief Fact Summary. Defendant was pulled over by a police officer. The officer found marijuana, various amount of drug paraphernalia, and $61, 200 in small denominations. The government files an action in rem against the cash found and moves for a finding of summary judgment. Â Synopsis of Rule of Law. The government bears the burden of proving by a preponderance of the evidence that the defendants property is subject to forfeiture because it is the proceeds of illegal ...
United States v. Corchado-Peralta
CitationUnited States v. Corchado-Peralta, 318 F.3d 255, 2003 U.S. App. LEXIS 1399 Brief Fact Summary. From 1987 to 1996, Ubaldo Rivera Colon smuggled over 150 kilogram of cocaine into Puerto Rico, obtaining about $4 million, and, thereafter, laundered through multiple investments and purchases. Colon’s wife, Elena Corchado Peralta, Defendant, and two associates, were indicted and tried together for co-conspiracy with Colon to launder money. Additionally, Defendant was also indicted with one count of bank fraud. Defendant appealed alleging that the evidence was insufficient to support ...
von Hofe v. United States
Citationvon Hofe v. United States, 492 F.3d 175, 2007 U.S. App. LEXIS 15239 Brief Fact Summary. Harold and Kathleen von Hofe’s, husband and wife, had a marijuana operation in their residence. Harold admitted that the operation belonged to him. Kathleen admitted that she had knowledge her husband was conducting the operation in the house. The federal government instituted a civil forfeiture action, and Kathleen asserted that the forfeiture violated the Excessive Fines Clause. Synopsis of Rule of Law. Mere knowledge that an illegal drug operation is occurring in one’s residence ...
Safe Streets Alliance v. Alternative Holistic Healing, LLC
CitationSafe Sts. Alliance v. Alternative Holistic Healing, LLC, 2015 U.S. Dist. LEXIS 91323 Brief Fact Summary. Defendants cultivate marijuana. Plaintiffs claim that the Defendant’s cultivation of marijuana has cause them harm. Synopsis of Rule of Law. One may seek a remedy in violation o 18 U.S.C. § 1962 if one can prove factual support for their injuries. ...
Idaho v. Vinton
CitationState v. Vinton, 718 P.2d 1270, 110 Idaho 832, 1986 Ida. App. LEXIS 415 Brief Fact Summary. Husband and Wife, Carl and Marion Vinton, were convicted of manufacturing marijuana. They assert that the Government did not assert sufficient evidence to convict them of growing marijuana. Synopsis of Rule of Law. To sustain a conviction, the government must meet their burden of proof by establishing beyond a reasonable doubt that each defendant, as individuals, grew marijuana. ...
United States v. Campbell
CitationUnited States v. Campbell, 977 F.2d 854, 1992 U.S. App. LEXIS 23805 Brief Fact Summary. Defendant, a real estate agent, assisted Lawing a drug dealer with securing a residence. Multiple times, Lawing presented Defendant with a large amount of cash and appeared to the meetings with expensive cars. Synopsis of Rule of Law. A defendant must know that the funds involved in a transaction are the proceeds of an illegal activity and that the transaction is designed to disguise the nature of the proceeds to have the requisite knowledge to be convicted of money laundering. ...
Massachusetts v. Camerano
CitationCommonwealth v. Camerano, 677 N.E.2d 678, 42 Mass. App. Ct. 363, 1997 Mass. App. LEXIS 57 Brief Fact Summary. Defendant had a tenant who owned a substantial amount of marijuana and drug paraphernalia. When executing a search warrant, the officers found the marijuana. Defendant was convicted of conspiracy to possess marijuana with the intent to distribute it. Synopsis of Rule of Law. Mere knowledge or acquiescence of an illegal activity, absent a showing of an agreement or undertaking by a party, is not sufficient to prove the requisite intent for a conspiracy. ...
Flooring Systems, Inc. v. Radisson Group, Inc.
Citation772 P.2d 578 (1989) Brief Fact Summary. Plaintiff was subcontracted to install carpet for Defendant. Defendant withheld payment from its general contractor because the general contractor did not pay Plaintiff. Plaintiff sued Defendants on claims of breach of contract and unjust enrichment. The general contractor filed bankruptcy and was dismissed from the suit. Summary judgment was entered in favor of Defendants on the ground that Plaintiff’s subcontract barred the unjust enrichment claim. The court of appeals upheld the grant of summary judgment. Plaintiff appealed to the Supre ...
Beall v. Beall
Citation413 A.2d 1365 (1980) Brief Fact Summary. In 1968, Plaintiff executed an option agreement with Defendant and her husband to purchase their land. 1971, the option was not executed and the parties created another option agreement, which they later extended in 1975. In 1977, Defendant’s husband died. In 1978, Plaintiff notified Defendant that he was exercising the option and Defendant refused to sell. Plaintiff sued Defendant for specific performance. The trial court ruled in favor of Defendant on the grounds that the purported option extension was not supported by consideration. Pl ...
Alderman v. Davidson
Citation954 P.2d 779 (Or. 1998) Brief Fact Summary. Plaintiff commenced foreclosure proceedings after Defendant continuously sent late payments and failed to pay taxes and send receipts to Plaintiff as agreed. The trial court held that Plaintiff had waived her right to foreclose. The court of appeals reversed on the issue of the tax payments, holding that while Plaintiff had waived timely installment payments, she did not waive timely tax payments. Defendant appealed. Synopsis of Rule of Law. A party’s conduct that is inconsistent with the party’s exercised right to strict perfo ...
United States v. Windsor
CitationUnited States v. Windsor, 133 S. Ct. 2675 (U.S. 2013) Brief Fact Summary. Edith Windsor sued the federal government on the constitutionality of the Defense of Marriage Act because it would not recognize marital benefits for same-sex partners. Synopsis of Rule of Law. (1) A court of appeals can review a decision of the lower court that was ruled in favor of the appellant. (2) It is unconstitutional for same-sex couples to be denied federal benefits because they are not within the statutory definition of marriage. ...
Arko Enterprises, Inc. v. Wood
Citation185 So. 2d 734 Brief Fact Summary. Defendant Arko Enterprises, Inc. entered into a contract for the purchase of land, soon the land was acquired under eminent domain. Synopsis of Rule of Law. A property buyer becomes an equitable owner upon signing the purchase contract under the doctrine of equitable conversion. ...
Baker v. Howard County Hunt
Citation188 A. 223 Brief Fact Summary. Plaintiffs sued defendant, to enjoin them and their dogs from hunting on the property or otherwise interfering with the peaceful possession of the property. Synopsis of Rule of Law. A property owner is entitled to an injunction to prevent repeated trespasses. ...
Bolotin v. Rindge
Citation41 Cal. Rptr. 376 Brief Fact Summary. Plaintiff Bolotin sought to build a commercial building on his lot,and he sued for declaratory relief and to quiet title against the deed restrictions. Synopsis of Rule of Law. If the restrictions’ purposes are not obsolete and enforcement will benefit neighboring property owners, changed conditions do not make deed restrictions unenforceable. ...
Brokaw v. Fairchild
Citation237 N.Y.S. 6 Brief Fact Summary. Plaintiff brought an action for a declaration and judgment granting him the authority to build an apartment building, despite the objections of the remaindermen. Synopsis of Rule of Law. A life tenant cannot use his land in a manner that causes permanent injury to the inheritance. ...
Campbell v. Seaman
Citation63 N.Y. 568 Brief Fact Summary. Plaintiffs sought an injunction and damages once its neighbors brick burning released gas that killed their trees and plants. Synopsis of Rule of Law. A court may issue an injunction to end the nuisance if a landowner commits a nuisance that injures neighboring property. ...
City of Milwaukee Post No. 2874 Veterans of Foreign Wars v. Redevelopment Authority of the City of Milwaukee
Citation768 N.W.2d 749 Brief Fact Summary. Plaintiffs are suing defendants for compensation of a property that was condemned while plaintiffs were the only occupants. Synopsis of Rule of Law. If a property has no value, the government can condemn the property without compensation to the leaseholder. ...
Clark v. Maloney
Citation3 Del. 68 Brief Fact Summary. Plaintiff sued Defendant in an action for trover over taken logs. Synopsis of Rule of Law. The first finder of lost property has superior title to any other finder. ...
Coffin v. Left Hand Ditch Co.
Citation6 Colo. 443 Brief Fact Summary. Plaintiff sued the defendant for trespass and an injunction when defendant interfered with his ditch system. Synopsis of Rule of Law. Enforceable property rights in the quantity of water used is gained by the first party that puts the water to productive use. ...
Eagle Enterprises, Inc. v. Gross
Citation349 N.E.2d 819 Brief Fact Summary. Plaintiff filed suit seeking enforcement of the covenant and to compel Gross to accept and pay for the water. Synopsis of Rule of Law. If there is privity of estate between the parties contesting a covenant, and the covenant “touches and concerns” the land with which it runs, the covenant is enforceable if the original grantor and grantee so intended. ...