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Deliberate Indifference Law
 
Lakeside Village Homeowners Association, Inc., Principal Management Group of North Texas, and Principal Management Group, Inc. v. Alfred "Corky" Belanger and Michael Drennan

This appeal arises from two townhome duplex owners, Alfred “Corky” Belanger and Michael Drennan, who brought breach of contract, trespass, negligence, and diversion of water claims against their homeowners association and its management company.
FACTUAL AND PROCEDURAL BACKGROUND
Lakeside Village
Lakeside Village is a gated townhome community comprised of 498 units by a lake in Rockwall... More...
   $0 (06-17-2017 - TX)

STATE OF IOWA vs. PATRICIA PRANSCHKE COURT OF APPEALS OF IOWA

Viewing the trial evidence in the light most favorable to the jury’s guilty
verdicts, State v. Romer, 832 N.W.2d 169, 172-73 (Iowa 2013), the jury could
have found the following facts. Terri Andersen is Patricia Pranschke’s adult
daughter. In April 2015, a warrant was issued for Andersen’s arrest. The
warrant related to a traffic violation issued to Andersen for driving on a... More...
   $0 (06-16-2017 - IA)

Charles Robert Gauger v. Margie Tidwell Gauger

Charles Robert Gauger appeals the entry of a post-answer default judgment
against him in his divorce case. The trial court entered a default judgment because
Gauger failed to appear at the final hearing. Gauger then retained counsel and filed
a motion for new trial in which he alleged that he had a meritorious defense, that a
new trial would not prejudice his ex-wife, and that he h... More...
   $0 (06-15-2017 - TX)

CHRISTOPHER ROBIN SCHMIDT vs. STATE OF IOWA Robert Nelson murder *Christopher Schmidt convicted, sentenced to LWOP*

Schmidt and the victim, Robert Nelson, were acquaintances. On
Thursday, December 28, 2006, Nelson’s neighbors heard noises around 10:00
p.m. On December 31, an apartment manager opened Nelson’s apartment and
found his dead body. Police learned that Schmidt was an acquaintance of
Nelson, questioned Schmidt and his girlfriend, and learned that Schmidt had
been renting a c... More...
   $0 (06-15-2017 - IA)

COREY DARNELL MOORE vs. STATE OF IOWA Man found guilty of robbery in Cedar Falls shooting case

Corey Moore was convicted of robbery in the first degree, in violation of
Iowa Code section 711.2 (2011); assault causing serious injury, in violation of
Iowa Code section 708.2(4); and possession with intent to deliver marijuana
while in the immediate possession of a firearm, in violation of Iowa Code section
124.401(1)(d) and (e). This court affirmed Moore’s conviction on di... More...
   $0 (06-15-2017 - )

STATE OF IOWA vs. JOHN DAVID GREEN 2 words lead to mistrial in case where remains of man's friend were found buried in basement

Mark Koster lived in a one-bedroom house in Sac City. In 2009, he seemingly disappeared from the area without notice. Police were alerted after mail began to accumulate in the mailbox at his house and he stopped paying his utility bills. Police found a handwritten note attached to the back door of Koster’s house. The note indicated he had gone to Florida for the winter and would return in the ... More...   $0 (06-14-2017 - IA)

Roel David Gonzalez v. The State of Texas "

Mother testified that she met Appellant through work, began dating him, and
eventually they moved into a house along with Mother’s three daughters in 2008.
At the time, Alice was almost twelve, Belle was ten, and Cici, the complainant,
1 See TEX. PENAL CODE ANN. §§ 21.11 (Vernon 2011) & 22.021 (Vernon 2016).


3
... More...
   $0 (06-13-2017 - TX)

STATE OF KANSAS v. LARRY LAVERNE TOOTHMAN

On August 7, 2013, Larry L. Toothman was charged in a seven-count complaint or information. On December 12, 2013, the complaint or information was amended to add an additional four counts. Counts 1 and 2 charged aggravated criminal sodomy or in the alternative criminal sodomy; Count 3 charged aggravated criminal sodomy or in the alternative aggravated incest; Counts 4, 5, and 6 charged aggravated ... More...   $0 (06-12-2017 - KS)

Brian Krajca v. Vicki Caum, Individually and as Independent Executrix in the Estate of Billie F. Krajca, deceased

This is an appeal from a summary judgment in an action to remove and replace the independent executrix of an estate. Due to a typographical error during the electronic-filing process, the appellant filed timely, but failed to serve timely, his response to a summary-judgment motion. Despite the appellant’s explanation
2
of the mistake, the trial court disregarded the late-served response an... More...
   $0 (06-08-2017 - TX)

Robert Caron and Sujata Kimberly Caron v. Stephen A. Smaby and Shelley A. Greene

Appellants, Robert Caron and Sujata Kimberly Caron (collectively, the “Carons”), challenge the trial court’s judgment, entered after the trial court granted a series of summary judgments, in favor of appellees, Stephen A. Smaby and Shelley L. Greene (collectively, the “Smabys”), on the Carons’ claims for breach
2
of contract and specific performance and the Smabys’ counterclaims for breach... More...
   $0 (06-08-2017 - TX)

Parish Ramon Carter v. The People of the State of Colorado Parish Carter Linked To Javad Marshall-Fields, Vivian Wolfe Killing

Parish Carter was charged with two counts of first degree murder, bribing a
witness, conspiracy to commit first degree murder, intimidation of a witness, and
unlawful distribution of a controlled substance, all in connection with the drive-by
shooting deaths of Javad Marshall-Fields and his fiancée Vivian Wolfe, the week before
Marshall-Fields was to testify in a prosecution of... More...
   $0 (06-07-2017 - CO)

Janet Pecher v. Owens-Illinois, Inc., et al.

The six cases consolidated on
appeal all involve claims related to asbestos exposure over
2 Nos. 16‐1799, 16‐2376, 16‐2377, 16‐2378, 16‐2379, 16‐2380
thirty years ago at a single Marshfield, Wisconsin plant which
produced fire doors.1 While complex on the surface, and
involving bulky appendices and appeals of separate orders,
the thrust o... More...
   $0 (06-07-2017 - WI)

Sara Lowry v. City of San Diego Ninth Circuit Court of Appeals - San Francisco, California

When a burglar alarm in a commercial building was
triggered shortly before 11:00 p.m. on a Thursday night, San
Diego Police Department officers responded. Accompanied
by a police service dog, Bak, the officers inspected the
building and found a door to a darkened office suite propped
open. Unable to see inside the suite, one of the police officers
warned: “This is the San D... More...
   $0 (06-06-2017 - CA)

UNITED STATES OF AMERICA — v. — ROSS WILLIAM ULBRICHT, a/k/a DREAD PIRATE ROBERTS, a/k/a SILK ROAD, a/k/a SEALED DEFENDANT 1, a/k/a DPR Judges Question Ross Ulbricht’s Life Sentence in Silk Road Appeal

In February 2015, a jury convicted Ross William Ulbricht on seven counts
arising from his creation and operation of Silk Road under the username Dread
Pirate Roberts (“DPR”).1 Silk Road was a massive, anonymous criminal marketplace that operated using the Tor Network, which renders Internet traffic
through the Tor browser extremely difficult to trace.2 Silk Road users principally
b... More...
   $0 (06-06-2017 - NY)

UNITED STATES OF AMERICA - v. - DAVID DELVA, a/k/a Sealed Defendant 4

The present prosecution of Delva had its origin in the kidnapping and robbery of a2
woman and a man in the Bronx, New York, which began on Labor Day weekend in 2012. Those3
crimes were investigated by a joint task force of Federal Bureau of Investigation ("FBI") agents and4
New York City Police Department ("NYPD") detectives and officers (collectively or in combination,5
the "Offi... More...
   $0 (06-06-2017 - NY)

Jairus Collins a/k/a Jairus J. Collins a/k/a Jairus Jidon Collins a/k/a Jarius Collins a/k/a Jarius J. Collins v. State of Mississippi

On November 14, 2012, the grand jury indicted Jairus for murder (Count I) and
possession of a weapon by a convicted felon (Count II). The indictment alleged that between
December 7 and 9, 2011, Jairus (I) murdered Ebony Jenkins with deliberate design and (II)
possessed a .40 caliber handgun. Jairus was indicted as a habitual offender under Mississippi
Code Annotated section 99-19... More...
   $0 (06-06-2017 - MS)

Remill Mason v. State of Mississippi

In June 2008, Remill Mason killed Terrell Richmond by shooting him in the back of
the head. Mason was fifteen years old at the time, while Richmond was seventeen years old.
Telvin Campbell, then sixteen years old, was also present when Mason shot Richmond. The
three were in Richmond’s bedroom at his home in Marshall County. Richmond was seated
in front of his computer with his ... More...
   $0 (06-06-2017 - MS)

In the Interest of J.O. and I.O.

This is a parental rights termination case. Following a bench trial, the trial
court terminated the parent-child relationships between J.O. and I.O.1 and their
mother, and between J.O. and I.O. and their respective fathers.2 By clear and
convincing evidence, the trial court found that statutory grounds existed to terminate
1 We identify minors by their initials to protect their ide... More...
   $0 (06-06-2017 - TX)

State of Mississippi v. Kevin Scott a/k/a Kevin V. Scott a/k/a Kevin Vincent Scott a/k/a Kelvin Scott a/k/a Kelvin Vincent Scott

In November 1995, eighteen-year-old Scott killed Richard Lee while stealing his car.6
In 1998, he was tried before a Bolivar County jury, which found him guilty of capital murder.
After a separate hearing, the jury sentenced Scott to death.
¶5. Scott appealed. We affirmed Scott’s conviction and death sentence. Scott I, 878 So.
2d 933. In doing so, we rejected Scott’s argument... More...
   $0 (06-05-2017 - MS)

Philip C. Lang v. Rogue Valley Medical Center/Asante

Pursuant to ORCP 54 B(1), the trial court dismissed
plaintiff’s wrongful death action because it found that plaintiff’s
counsel willfully failed to comply with two court orders
and that, as a result, dismissal was an appropriate sanction.
The Court of Appeals affirmed the resulting judgment
without opinion. Lang v. Rogue Valley Medical Center, 276
Or App 610, 369 P3d 450 (2... More...
   $0 (06-05-2017 - OR)

MATTHEW ROMANS vs STATE OF FLORIDA

In this appeal, appellant claims the trial court erred in (1) excluding a character witness from appellant’s workplace, (2) not instructing the jury on justifiable use of deadly force, (3) denying a motion for downward departure, and (4) imposing drug offender probation. We affirm the first two issues. As to the third issue, which raised two grounds for departure, we reverse as to one ground and... More...   $0 (06-04-2017 - FL)

Li Guan v. Yongmei Hu

Defendant Yongmei Hu (Hu) appeals from a judgment
entered in favor of plaintiff Li Guan (Guan). Guan initially
sued Hu for breach of a contract. However, several months
before trial, the trial court dismissed the breach of contract
claim with prejudice. As a result, Guan proceeded to trial on
various fraud-based claims (e.g., rescission, cancellation, and
fraud in the induc... More...
   $0 (06-04-2017 - CA)

State of Tennessee v. Nathan Bernard Lalone Lalone gets life in prison sentence

On the night of November 16, 2011, Christian Sosa and his girlfriend, Meghan Bennett, were shot at the tennis courts in Apison, Tennessee, a suburb of Chattanooga. Mr. Sosa died as a result of multiple gunshot wounds. In July of 2012, Defendant was indicted for one count of first degree murder and one count of attempted first degree murder.
I. Motion to SuppressHearing
On May 5, 2014,... More...
   $0 (06-03-2017 - TN)

COMMONWEALTH vs. NASAHN DAVIS John Adams Courthouse, headquarters of the Massachusetts judicial branch.

Seven hundred and forty-two days after Nasahn
Davis was arraigned in the Boston Municipal Court on charges of
carrying a firearm without a license in violation of G. L.
c. 269, § 10(a), he filed a motion to dismiss under
2
Mass.R.Crim.P. 36(b), 378 Mass. 909 (1979). That rule provides
that a criminal defendant who is not brought to trial within
twelve months o... More...
   $0 (06-03-2017 - MA)

STATE OF OHIO vs. DAVERRICK J. LASH Lash gets life sentence for Club Fly High murder

On January 30, 2015, a shooter gunned down 30-year-old William Burton
(“victim”) near the entrance of a bathroom at Club Fly High, a bar in Cleveland’s east
side. The bar was plagued with a history of crimes. Appellant Daverrick Lash
(“appellant” hereafter) was identified by a witness several days later as the shooter.
Another witness saw the shooter spit just before opening... More...
   $0 (06-02-2017 - OH)

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