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Deliberate Indifference Law
 
State of Tennessee v. Linzey Danielle Smith

The Defendant was charged in July 2013 with two alternative counts of driving under the influence. The Defendant filed a motion to suppress on the basis that her traffic stop was unconstitutional. At the ensuing hearing, held in October 2013, the following proof was adduced: Trooper Chuck Achinger of the Tennessee Highway Patrol testified that, at approximately 3:00 a.m. on December 6, 2012, he ... More...   $0 (04-17-2016 - TN)

Michael Ackerman v. State of Indiana

In 1977, D.S. was in a relationship with Michael Ackerman. D.S. was living in an apartment with her two children, three-year-old I.W., and twenty-one-month-old W.W. On the morning of January 17, 1977, D.S. was leaving early to go to work, but she first checked on W.W., who was lying in his crib and stood up when D.S. entered the room. D.S. noticed nothing wrong with W.W. at that time. That day... More...   $0 (04-17-2016 - IN)

Jonathan Ray Shepherd v. The State of Texas

On the night of September 26, 2013, Shepherd attended his elder son’s eighth-grade
football game with his wife, Susan Bates, and her parents. Shepherd’s two-year-old son by Green,
Teddy,2 was also attending the game with Shepherd. By pre-arrangement, Green was waiting in
her car in the parking lot waiting for Teddy, and Shepherd left the stands about halftime to deliver
the l... More...
   $0 (04-17-2016 - TX)

Ramon Martinez v. The State of Texas

In October 2012, Y.A. lived with her mother, father, and siblings in their three-bedroom,
two-bathroom home. Three of Y.A.’s maternal relatives, her grandmother, step-grandfather, and
great-uncle, also lived in the home at that time. Appellant, who is Y.A.’s step-grandfather’s
uncle, lived in the converted shed in the backyard. Y.A. was ten years old, and doctors had
diagnos... More...
   $0 (04-17-2016 - TX)

STATE OF LOUISIANA V. CHRISTOPHER J. WELLS

Christopher Wells shot and killed Brandon ―Big Herb‖ McCue. Charged
with second degree murder, Mr. Wells claimed before the jury that he acted in self
defense. A unanimous jury convicted him of manslaughter, an authorized
responsive verdict. The trial judge imposed a sentence of twenty-five years. Mr.
Wells appeals both his conviction and his sentence. He assigns... More...
   $0 (04-15-2016 - LA)

State of Louisiana v. Jeremy Dewayne Foster

The defendant was charged for these seven crimes, occurring on the
dates indicated, under seven separate bills of information:
(1) armed robbery while armed with a firearm on February 5, 2013; 1
(2) simple burglary on March 1, 2013; 2
(3) simple burglary on February 5, 2013; 3
(4) simple burglary on June 16, 2012; 4
(5) simple burglary on June 2, 2012; 5
No. 50,540-KA.6... More...
   $0 (04-14-2016 - LA)

State of Louisiana v. Lasasha S.R. Allen

Allen, who was 23 years old when this offense was committed, is the
mother of five children, including 20-month old A.A. On June 22, 2014, 1
Allen had A.A. and another of her children, who was seven years old, in her
car in Franklin Parish. Allen positioned A.A. in the front passenger seat
against the door. She drove the car around a curve at a high rate of speed,
reached ov... More...
   $0 (04-14-2016 - LA)

STATE OF NEW JERSEY VS. ALEXANDER LARA

In April 2011, a Camden County Grand Jury charged defendant
and co-defendant Fred Belen in a twenty-six count indictment
with six counts of first-degree robbery, five counts of second
degree unlawful possession of a handgun, five counts of second
degree possession of a weapon for an unlawful purpose, seven
counts of fourth-degree aggravated assault, and one count each
o... More...
   $0 (04-12-2016 - NJ)

STATE OF NEW JERSEY VS. ALEXANDER LARA

In April 2011, a Camden County Grand Jury charged defendant
and co-defendant Fred Belen in a twenty-six count indictment
with six counts of first-degree robbery, five counts of second
degree unlawful possession of a handgun, five counts of second
degree possession of a weapon for an unlawful purpose, seven
counts of fourth-degree aggravated assault, and one count each
o... More...
   $0 (04-12-2016 - NJ)

Douglas Lee Rollins, III v. The Board of Trustees of the University of Alabama, et al.

Appellant Douglas Lee Rollins was dismissed from the University of
Alabama at Birmingham’s School of Dentistry for poor academic performance
after completing two semesters. Rollins, a white male, brought suit against the
university’s Board of Trustees alleging race and gender discrimination. He also
sought declaratory and injunctive relief against the Board of Trustees and the
... More...
   $0 (04-11-2016 - MS)

STATE OF FLORIDA v. WADE F. LILES, STATE OF FLORIDA v. 5D15-405 JOHN NATHAN WILLIS

The State of Florida appeals two orders suppressing the results of warrantless blood draws taken from Wade F. Liles and John Nathan Willis during drunk driving investigations involving separate traffic crash fatalities.1 In both cases, the trial courts found that, pursuant to the United States Supreme Court's holding in Missouri v. McNeely, 133 S. Ct. 1552 (2013), the blood draw results were inad... More...   $0 (04-10-2016 - FL)

Commonwealth v. Cassino

In August, 2011, a sixty-five year old woman was
found dead in her apartment in the South Boston section of
Boston. She was the victim of blunt force trauma caused by a
baseball bat. The defendant, Adam Cassino, was indicted for the
crime and a jury convicted him of murder in the first degree on
theories of deliberate premeditation and extreme atrocity or
cruelty. ... More...
   $0 (04-10-2016 - MA)

State of Iowa v. Kenneth Osborne Ary

A defendant appealed his conviction following a jury trial on three counts of delivery of a controlled substance in violation of Iowa Code section 124.401(1)(c)(3) (2013). We transferred the case to the court of appeals. The court of appeals reversed the conviction on the ground the defendant’s constitutional right to a fair trial by an impartial jury was violated when he was convicted by jurors w... More...   $0 (04-09-2016 - IA)

STATE OF LOUISIANA Vs. BEN AMOS

The facts giving rise to the charged offenses occurred on or about August
25, 2014, at approximately 4:30 a.m. at a Walgreens location in Chalmette,
Louisiana. At the time, three Walgreens employees and one customer were inside
the store. Lan Nguyen, a service clerk at the Walgreens, testified that she was
working the overnight shift in the photo department when she heard the... More...
   $0 (04-09-2016 - LA)

STATE OF LOUISIANA V. LARRY JOSEPH MCKITHERN AKA - LARRY MCKITHERN AKA - LARRY J. MCKITHERN

The defendant was originally charged on July 21, 2009, by grand jury
indictment with armed robbery, a violation of La.R.S. 14:64, and aggravated arson,
a violation of La.R.S. 14:51. A jury found him guilty of both charges on
December 2, 2010, and at the conclusion of the trial, the State of Louisiana (state)
announced its intention to file a habitual offender bill.
The ... More...
   $0 (04-09-2016 - LA)

The State of Florida vs. British Moss

The State of Florida petitions this Court for a writ of certiorari to review an
order rendered by the trial court which denied, in part, the State’s motion to
compel discovery. We agree that the trial court’s order departs from the essential
requirements of law because the respondent, British Moss, never presented the trial
court a request and a showing for good cause. Accordi... More...
   $0 (04-08-2016 - FL)

Dwaine Merchant vs. The State of Florida

The State indicted Merchant for first-degree murder (Count One) and
attempted first-degree murder (Count Two). The first trial began in August 2013.
The jury venire was comprised of 50 potential jurors, including both Kira Criado
(“Kira”) and Kevin Criado (“Kevin”). At the commencement of the jury selection
process, the trial court introduced the court staff, the attorneys, a... More...
   $0 (04-08-2016 - FL)

State of Tennessee v. Susan Jo Walls

This case presents a murder-for-hire or contract killing scenario. On April 15, 2013, a Bedford County grand jury charged the Defendant with criminal responsibility for the first-degree premeditated murder of her husband, Larry Walls, Sr. (“the victim”), based upon her participation in the killing and with conspiring along with Jason Starrick, Sean Gearhardt, and Dawn Walls, daughter of the Defen... More...   $0 (04-07-2016 - TN)

STATE OF IOWA vs. JAMES NORMAN HARRIS

Chance Niles was playing pool with Harris at the Dive Bar in Sioux City
when an argument began between the two. The bartender, John Nguyen, told
the men that the bar was closing and ordered them to leave. The bartender had
Harris leave the bar first. The bartender had Niles stay in the bar for
approximately five minutes before having him leave. As Niles left the building, <... More...
   $0 (04-07-2016 - IA)

State of Missouri vs. David E. Smith

On July 1, 2013, Defendant was charged with the above crimes for his alleged
involvement in an incident involving Florentino Marquez Tellez (“Victim”). Defendant was
tried by a jury on November 3-7, 2014, and he does not challenge the sufficiency of the evidence
to support his convictions.
A. Evidence Presented at Defendant’s Jury Trial
Viewed in the light most favorab... More...
   $0 (04-06-2016 - MO)

Richard D. Davis vs. State of Missouri

In May 2006, police discovered Spicer’s body in a shallow grave in Lafayette
County. Movant was identified as a suspect in that investigation. Search warrants
executed on Movant’s apartment and workplace recovered numerous items, including a
video camera and several videotapes. The videotapes depicted Movant and his girlfriend
repeatedly physically and sexually assaulting Sp... More...
   $0 (04-06-2016 - MO)

Darreus Rainwater v. State of Indiana

In March 2015 Chad Hall lived with his father and fifteen-year-old son in
Greene County, Indiana. Hall kept four four-wheelers and lawn equipment
inside a detached garage on the property.
[4] Hall and his son were returning home around 6:00 p.m. one evening when
Hall’s son said that he saw something in the detached garage. Hall drove his
truck to the detached g... More...
   $0 (04-04-2016 - IN)

STATE OF NEW JERSEY VS. LAWRENCE CLEAVER

Defendant appeals from his conviction of driving while
intoxicated ("DWI"), N.J.S.A. 39:4-50. He was found guilty of
that offense in a trial in the municipal court, a result which
was sustained on de novo review in the Law Division.
Defendant's essential claim on appeal is that the Law Division's
de novo review of his municipal conviction was unduly delayed
and tha... More...
   $0 (04-04-2016 - NJ)

STATE OF NEW JERSEY VS. DIVINE C. ALLAH

Defendant Divine C. Allah appeals from an April 12, 2013
judgment of conviction entered following a jury trial for third
degree possession of a controlled dangerous substance, N.J.S.A.
2C:35-10(a)(1), and challenges, as excessive, the imposed five
year imprisonment term, subject to a two-and-one-half-year
period of parole ineligibility. On appeal, among other things,
... More...
   $0 (04-04-2016 - NJ)

In Re: Trump Entertainment Resorts

The facts giving rise to this appeal are undisputed. The Debtors own and operate the Trump Taj Mahal casino in Atlantic City, New Jersey. The casino employs 2,953 employees, 1,467 of whom are unionized. UNITE HERE Local 54 is the largest of the employee unions, representing 1,136 employees. The most recent CBA between the Union and Taj Mahal was negotiated in 2011 for a three-year term. It co... More...   $0 (04-03-2016 - DE)

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