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Deliberate Indifference Law
 
John Spellmann, Individually and as Executor of the Estate of Velma Spellmann, Gerald Lewis Sheehan Jr., Jane Lynn Sheehan Michaels, Ralph Koopmann, and Karen M. Koenig v. Janet H. Love and JHL Interests, Ltd.

By two issues, appellants John Spellmann, Individually and as Executor of the
Estate of Velma Spellmann, Gerald Lewis Sheehan, Jr., Jane Lynn Sheehan Michaels,
Ralph Coopmann, and Karen M. Koenig (collectively Spellman, unless otherwise noted)
challenge the trial court’s summary judgment rendered in favor of appellees Janet H. Love
(Janet H. Love or Janet) and JHL Interests... More...
   $0 (08-10-2017 - TX)

Michael "Miguel" Gutierez v. Lt. Sam Rodriguez, et al.

Plaintiff Michael “Miguel” Gutierrez brought seven claims under federal and
state law against various individuals and entities in connection with his brother’s
death, which officials deemed a suicide. The district court dismissed the claims in a
series of orders and ultimately entered judgment in favor of defendants. We exercise
jurisdiction under 28 U.S.C. § 1291 and affirm.
I... More...
   $0 (08-10-2017 - NM)

United States of America v. Brian S. Browder Second Circuit Court of Appeals - New York, New York

Defendant‐appellant Brian S. Browder—having been convicted
of possessing digital images and videos of child pornography, and
having served the incarcerary portion of his sentence—appeals from
an order finding him in violation of two conditions of his supervised
release. The District Court (Lawrence J. Vilardo, Judge) found that
Browder had violated two special conditions,... More...
   $0 (08-08-2017 - NY)

Andrew March v. Janet T. Mills


This appeal concerns a
constitutional challenge brought by a protester who opposes
abortion. He seeks to enjoin the enforcement of a provision of
the Maine Civil Rights Act ("MCRA"), Me. Rev. Stat. Ann. tit. 5,
§ 4684-B(2), that, he contends, facially violates the First
Amendment's guarantee of the freedom of speech.1 The challenged
provision bars a person from making ... More...
   $0 (08-08-2017 - ME)

Russell City Energy Company, LLC v. City of Hayward

The “Payments Clause” of an agreement between Russell City Energy Company,
LLC (Russell) and the City of Hayward (City) prohibited the City from imposing any
taxes on the “development, construction, ownership and operation” of Russell‟s power
plant except taxes tethered to ownership of real property. The question in this case is
whether Russell‟s interpretation of the P... More...
   $0 (08-08-2017 - CA)

Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith Roofing and Construction v. Joe Key and Stacci Key

This is an interlocutory appeal from an order certifying a class action.1
Appellants Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith
1
See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(3) (West Supp. 2016).
Roofing and Construction2 raise five issues claiming that the trial court erred by
certifying a class because various class-certificati... More...
   $0 (08-03-2017 - TX)

The People of the State of Illinos v. Jared M. Staake

¶ 1 In July 2013, the State charged defendant, Jared M. Staake, with second degree murder for
the killing of Michael Box. In December 2013, the State filed an amended information,
dropping the charge of second degree murder and adding a charge of first degree murder. In
January 2014, the State filed a second amended information, this time charging first degree
murder under a differ... More...
   $0 (08-02-2017 - IL)

STATE OF LOUISIANA V. ROBERT N. GREEN Louisiana Third Circuit Court of Appeal

Robert N. Green was convicted of simple rape, a violation of La.R.S. 14:43. He was sentenced to twenty-five years at hard labor, to be served without benefit of probation, parole, or suspension of sentence. Green appeals the conviction and the sentence. Finding no reversible errors in the jury’s conviction and no abuse of discretion in the trial court’s sentence, we affirm the conviction and sente... More...   $0 (07-23-2017 - LA)

Darrell Boyd Mitchell v. The State of Texas FIFTH COURT OF APPEALS IN DALLAS

Appellant shared a room in a rooming house with his girlfriend Eugenia Callicutt. On the
day in question, Callicutt consumed alcohol and crack cocaine and laid down on her bed.
Appellant entered the room, and an altercation ensued.
Appellant pulled Callicutt off of the bed, hit her with his hands, banged her head on the
floor, choked her, and told her he was going to kill he... More...
   $0 (07-19-2017 - TX)

Patricia Esch v. County of Kent, et al.

Plaintiff Patricia T. Esch (“Plaintiff”), the personal representative
of the Estate of Stephen Stiles, appeals from the judgment entered by the district court on
September 27, 2016, granting summary judgment to Defendants Jim McFadden, R.N., Esther
West, R.N., Minerva Booker, R.N., and David Sova, D.O. (collectively, “Defendants”). Stephen
Stiles (“Stiles”) died of a seizure shortl... More...
   $0 (07-19-2017 - MI)

State of Washington v. Tyree William Jefferson

Tyree Jefferson appeals his conviction for attempted first degree
murder, first degree assault, and unlawful possession of a firearm. Jefferson raises ten
issues on appeal, including: (1) the trial court erred in denying his Batson' challenge
after the State used a peremptory challenge to strike the only African American
venireperson, (2) the trial court violated the appearance of ... More...
   $0 (07-17-2017 - WA)

Deutsche Bank National Trust Company, as Trustee, ets., v. Alan Pyle

In OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th
1318 (review den. May 10, 2017) (OC Interior) another panel of this court concluded that
2
a void judgment does not pass title free of the lien purportedly cancelled by the void
judgment; rather, "a void judgment in the chain of title has the effect of nullifying a
subsequent transfer, including a tr... More...
   $0 (07-14-2017 - CA)

ARRELL WAYNE FREDERICK v. THE STATE OF OKLAHOMA Oklahoma man sentenced to death after being convicted of killing mother

On March 26, 2011, between 5:30 and 6:30 p.m., Da'Jon Diggs arrived at the home of her grandmother, Connie Frederick (hereinafter referred to as the deceased). The deceased was 85 years old and had been deaf and mute her entire life. She lived in the same house in northeast Oklahoma City in which she had raised six children. Ms. Diggs attended college in another city but frequently stopped by to ... More...   $0 (07-13-2017 - OK)

REGINALD STEWART v. STATE OF KANSAS

In the underlying criminal prosecution, the State charged that in March 2011 Stewart and two other men jumped a fourth man on a Wichita street around midnight. Stewart and his cohorts hit and kicked the victim. They took $8, cigarettes, and a white lighter from the victim and then fled. Almost immediately, the victim flagged down a uniformed Wichita police officer on patrol to explain what happene... More...   $0 (07-13-2017 - KS)

STATE OF KANSAS v. GARY DANIEL MARKS

The relevant facts are straightforward. On September 3, 2012, Marks and another hospital resident, Christopher Case, refused to go to bed as directed by members of the hospital staff. Eventually the decision was made to restrain Marks in a restraint chair. A scuffle ensued between Marks and several staff members. During the scuffle, Marks
kicked Kevin Brabb, a mental health employee, while Br... More...
   $0 (07-13-2017 - KS)

STATE OF KANSAS v. STEPHEN ALAN MACOMBER

In June 2010, Risa Lofton and Ryan Lofton were married but not living together. While she was at Ryan's house, the two began to argue because she told Ryan that she was going to leave with Macomber. Ryan did not want her to go. Risa sent Macomber a text message asking him to come pick her up.

Macomber arrived and parked in the driveway behind another car. He stayed inside his car. Wh... More...
   $0 (07-10-2017 - KS)

The People of the State of Colorado v. Maurice Dee Kendrick Suspect in Colorado Springs assaults at boxing match watch party turns himself in

Late one night, Kendrick visited the home of his friend A.B., where she and four
other women were drinking and “hanging out.” According to several witnesses,
Kendrick began flirting with two of the women, but they were not interested in him.
This upset Kendrick, and he brandished a gun and threatened the women. A.B. then
told him to leave, and he went outside, where a car wa... More...
   $0 (07-09-2017 - CO)

UNITED STATES OF AMERICA - v. RANDALL MARTINEZ, a/k/a Randall, a/k/a Jose Rodriguez, a/k/a Jose Rodriguez-Saez, a/k/a Rando Martinez, a/k/a Randall Martinez-Espinal, HENRY FIORENTINO, JOSE TEJADA, and MARCOS RODRIGUEZ, a/k/a Markito UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

The present prosecutions arise out of a sprawling conspiracy in and around New York
City, spanning at least a decade, in which more than two dozen persons are alleged to have committed
1 more than 200 robberies of drug traffickers. One of the coconspirators' main stratagems was to
2 impersonate officers of the New York City Police Department ("NYPD") in order to stop or purport
3... More...
   $0 (07-08-2017 - NY)

GEORGE H. BENNETT v. UNITED STATES OF AMERICA United States Court of Appeals For the First Circuit

Bennett was convicted of, among other things, violating
§ 922(g), and the sentencing judge determined that at least three
of Bennett's prior convictions under Maine law were for an offense
that qualifies as a "violent felony" under ACCA. The sentencing
judge therefore applied ACCA's mandatory minimum fifteen-year
sentence to Bennett's § 922(g) conviction. The sentencing ... More...
   $0 (07-07-2017 - ME)

STATE OF CONNECTICUT v. JERMAINE E. REDDICK Connecticut Appellate Court

The defendant, Jermaine E. Reddick, appeals from the judgment of conviction, rendered against him after a jury trial in the judicial district of New Haven, on charges of assault in the first degree in violation of General Statutes § 53a-59 (a) (5), criminal possession of a firearm in violation of General Statutes § 53a-217 (a) (1), and assault in the third degree in violationofGeneralStatutes§ 53a... More...   $0 (07-07-2017 - CT)

STATE OF CONNECTICUT v. EVER LEE HOLLEY Connecticut Appellate Court

Thedefendant,EverLee1Holley,appeals from the judgment of conviction, rendered after a jury trial, of possession of a narcotic substance with intent to sell by a person who is not drug-dependent in violation of General Statutes § 21a-278 (b). On appeal, the defendant claims that the trial court improperly (1) instructed the jury on reasonable doubt and (2) denied his motion to suppress evidence. We... More...   $0 (07-07-2017 - CT)

STATE OF OHIO - vs - PHILLIP CUNNINGHAM

On September 2, 2015, a Butler County grand jury indicted Cunningham with
one count of endangering children in violation of R.C. 2919.22(B)(1), a second-degree felony
under R.C. 2919.22(E)(2)(d), and one count of murder in violation of R.C. 2903.02(B), an
unclassified felony. The charges stemmed from allegations that Cunningham shook his two
month-old daughter ("the victim"), ... More...
   $0 (07-05-2017 - OH)

STATE OF OHIO -vs- GENE R. KAAZ Rape, Sexual battery

The charges stem from allegations made by J.R., who alleged that when she
was nine years old, Kaaz began to sexually abuse her via oral, anal, and vaginal intercourse.
According to J.R., a majority of Kaaz's sexual abuse occurred on a chair in Kaaz's locked
garage. Kaaz was indicted on 14 counts of rape, sexual battery, unlawful sexual
conduct with a minor, and importuning. ... More...
   $0 (07-03-2017 - OH)

STATE OF OHIO v. TIFFANY POWELL

The Summit County Grand Jury indicted Powell on one count of aggravated
murder in violation of R.C. 2903.01(A), a special felony, one count of complicity to commit
aggravated murder in violation of R.C. 2903.01(A) and R.C. 2923.03, a special felony, and one
count of obstructing justice in violation of R.C. 2921.32(A)(5), a third-degree felony. The
indictment arose from the mur... More...
   $0 (07-02-2017 - OH)

Joseph E. De Ritts v. Thomas J. McGarrigle, et al.

To explain a perceived demotion to judges, other attorneys, and county officials, Appellee, an Assistant Public Defender, circulated a rumor he had heard and alleged he was being punished for taking too many cases to trial. After the Public Defender fired Appellee for those statements, Appellee filed suit, claiming a violation of his First Amendment rights, and the District Court denied the Public... More...   $0 (06-29-2017 - PA)

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