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Deliberate Indifference Law
 
CJY Investment, L.L.C., et al. v. United Central Bank, et al.

Appellants, CJY Investment, L.L.C., Young Hee Chung, and Chun W. Chung, sued
appellees, James D. Yoo, Ki Na, Chong Na, Chan Chan Investment, L.L.P., Na Family
Corporation, and United Central Bank for fraud, fraud in the inducement, fraud by
nondisclosure, bank fraud, and conspiracy. The trial court granted summary judgment for
appellees.
Appellants raise four issues on ap... More...
   $0 (06-21-2016 - TX)

Misty Darlene Tiger v. Verdigris Valley Electric Cooperative

¶1 The issue in this matter is whether summary judgment was properly granted to decedent's employer pursuant to Parret v. UNICCO Service Co., 2005 OK 54, 127 P.3d 572. Because material issues of fact remain in dispute, this cause must be remanded to the trial court for proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

¶2 On January 9, 2008, a field engineer f... More...
   $0 (06-21-2016 - OK)

KEVIN B. HERP V. COMMONWEALTH OF KENTUCKY

Herp's criminal charges derive from accusations of inappropriate sexual
conduct from his nephew. In 2011, the nepheW reported to the police that
1 Ky.Const. § 110(b)(2).
Herp had molested him over twenty years earlier, around when he was a child
of eight or nine years old. In an interview with law enforcement, the nephew
recounted the contact began with Herp brushing his h... More...
   $0 (06-20-2016 - KY)

Isaiah Samelton v. State of Indiana

During the evening hours of July 9, 2014, Antonio Garcia (Garcia) was
working as a cashier at the Phillips 66 gas station located at the corner of
Western Avenue and Falcon Street in South Bend, Indiana. Willie Menyard
(Menyard), a patron at the store, was prepaying for his gas. At about that time,
a red sedan drove into the pump area and, without stopping, drove to the front... More...
   $0 (06-20-2016 - IN)

STATE OF IOWA vs. ELDRA SCOTT JENNINGS JR

On July 27, 2014, at about 1:30 a.m., Iowa City police officers heard three
or four gunshots at the pedestrian mall in downtown Iowa City. Michael Dillon,
who operated a food vending cart, saw a man fire a weapon into the air and then
run from the scene. Diane Dillon, who was also working at the food vending cart,
crouched down when she heard the shots. Diane stated there we... More...
   $0 (06-19-2016 - IA)

State of Oklahoma v. Denny Phillips and Russell Lee Hogshooter

Oklahoma City, OK - Cathouse Murder Defendants Convicted

The State of Oklahoma charged Denny Phillips and Russell Hogshooter with:
Count # 1. Count as Filed: OPJ, CONSPIRACY TO COMMITA FELONY, TO-WIT: MURDER IN THE FIRST DEGREE, in violation of 21 O.S. 421
Date of Offense: 11/08/2009
Party Name Disposition Information
HOGSHOOTER, RUSSELL LEE
COCHRAN, JOHNATHAN A... More...
   $0 (06-18-2016 - OK)

Ernesto Berlanga v. The State of Texas

George Roussett, an officer with the Cameron County Sheriff’s Department,
testified that in the early morning hours of August 4, 2005, he was “flagged down” by
Ricardo Alvear in the Cameron Park neighborhood of Cameron County. Alvear reported
that a woman was lying unconscious in a small trailer nearby. Officer Roussett found the
victim, later identified as Patricia Salas—als... More...
   $0 (06-17-2016 - TX)

Zachary Daniel Gage v. The State of Texas

Appellant lived with his girlfriend, Genevieve Clayton, and their baby in Clayton’s
father’s two-bedroom apartment. Clayton’s father, Kenneth Hodges, was sixty-seven years old
when the offense occurred.
Clayton, appellant, and the baby occupied one of the apartment’s bedrooms, and Hodges
occupied the other bedroom and the living room. They all shared the kitchen. When Hodg... More...
   $0 (06-16-2016 - TX)

Reynaldo Zamora v. The State of Texas

In 1986, the complainant and a friend, both then girls under the age of ten,
were walking down a street in Hays County, Texas. A white Corvette pulled up
beside them, and the driver asked whether they knew the location of a mutual
friend, Vera. The driver identified himself as “Ray Zamora” and claimed to be
Vera’s uncle. He asked the girls to help him find Vera, and they agreed... More...
   $0 (06-15-2016 - TX)

Wayne Edward Lindsey v. The State of Texas

Torreon Wells, his mother, Lakeisha Scruggs, and Dequalin Backstrom, the
complainant, all lived in the same house together. On April 29, 2014, Wells,
Scruggs, and Backstrom drove Backstrom’s car over to appellant’s house because
appellant was a mechanic and Backstrom was experiencing trouble with his car.
Appellant and Backstrom knew each other and “were friendly.” Appellant... More...
   $0 (06-15-2016 - TX)

STATE OF NEW MEXICO v. MUZIWOKUTHULA MADONDA

On March 24, 2011, the New Mexico State Police were called to the Tucumcari
17 Inn after a relative found Bobby Gonzales and Gabriel Baca dead in the bathroom of
18 room number 126. The investigation, headed by New Mexico State Police Agent Josh
19 Armijo, led law enforcement to suspect Defendant had committed the murders.
2
1 Relying in part on information provided by Defenda... More...
   $0 (06-14-2016 - NM)

United States v. Brown

In February 2012, federal investigators discovered eleven images on a 4
child‐pornography website that appeared to have been uploaded by the same 5
person. Two of the images depicted the same eight‐year‐old girl. By examining 6
metadata from one of the images, investigators determined that the image had 7
been taken using a Motorola Droid X cell phone. The me... More...
   $0 (06-14-2016 - NY)

State of Oklahoma v. Pedro Abraham Castro

Tulsa, OK - Man Sentenced to 12 Years In Prison on Manslaughter Charge

The State of Oklahoma charged Pedro Abraham Castro with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 02/11/2014
Party Name Disposition Information
CASTRO, PEDRO ABRAHAM
Count # 2. Count as Filed: ABDOM, DOMESTIC ASSAULT & BATTERY... More...
   $0 (06-13-2016 - OK)

Commonwealth v. Broom

Eldrick Broom, the defendant, stands
convicted of the murder in the first degree of Rosanna Camilo
DeNunez, on the theories of extreme atrocity or cruelty and
felony-murder with aggravated rape as the predicate felony.1 We
consider here the defendant's appeal from his convictions, and
affirm.
Background. We summarize the facts that the jury could
have found. ... More...
   $0 (06-13-2016 - MA)

STATE OF IOWA vs. ZYRIAH HENRY FLOYD SCHLITTER

In this appeal from convictions of involuntary manslaughter by
commission of public offense and child endangerment resulting in death,
we primarily consider a claim of ineffective assistance of trial counsel
based on the failure to challenge the sufficiency of evidence to support
the submission of all four alternative means of committing the crime of
child endangerment. On our ... More...
   $0 (06-12-2016 - IA)

STATE OF KANSAS v. PABLO ALBERTO GONZALEZ

At approximately 4:45 a.m. on January 1, 2014, St. Marys Police Officer Mark Lamberson was in his office at the police station when he saw a car pull into the parking lot and heard a car horn honking continuously. Lamberson got up to investigate and saw a man, later identified as Gonzalez, approach the visitor entrance to the police station and begin pounding on the door. Lamberson made contact wi... More...   $0 (06-12-2016 - KS)

STATE OF NEW MEXICO v. JUDD MOORE

Defendant was arrested on July 13, 2010, based on charges filed in the
10 magistrate court consisting of several counts of forgery, embezzlement, and
11 conspiracy to commit forgery. On July 14, 2010, Defendant made his first appearance,
12 and was released from custody subject to conditions three days later. The complaint
13 against Defendant was then dismissed without prejudice ... More...
   $0 (06-11-2016 - NM)

Tomeka Handy, Individually, as Administratrix for The Estate of Willie Handy, and on Behalf of the Wrongful Death Beneficiaries for Willie Handy v. Madison County Nursing Home

Handy filed her complaint for wrongful death on October 4, 2012, individually and
in her capacity as the administratrix of the estate of her mother, Willie Handy, who was a
resident of the nursing home from August 25, 2008, through the date of her death on April
12, 2011. The suit was filed on behalf of all the decedent’s wrongful death beneficiaries.
Handy alleged that the defenda... More...
   $0 (06-10-2016 - MS)

Joshua Hurst a/k/a Joshuwa Hurst v. State of Mississippi

On March 7, 2013, several people were shot, and two were killed, at a home in
Jackson during a dice game. Joshua Hurst was arrested for the crimes on March 9, 2013.
On July 12, 2013, Hurst was indicted for the murder of Ronnie Williams, the murder of
Kendra Hill, the aggravated assault of LaQuintin Carter, and the aggravated assault of Jason
Kimble, as well as for being a felon i... More...
   $0 (06-10-2016 - MS)

STATE OF NORTH CAROLINA v. JACOB MARK SPIVEY

In this case we decide whether an indictment charging defendant with injury
to real property “of Katy’s Great Eats” is fatally flawed because it does not specifically
identify “Katy’s Great Eats” as a corporation or an entity capable of owning property.
An indictment for injury to real property must describe the property in sufficient
detail to identify the parcel of real prop... More...
   $0 (06-10-2016 - NC)

State of Maine v. April M. Dupont

April M. Dupont was convicted of assault (Class D), 17-A M.R.S.
§ 207(1)(A) (2015), by a judgment entered in the Unified Criminal Docket
(Kennebec County, E. Walker, J.) after a jury trial on August 28, 2015. Viewed in
the light most favorable to the State, see State v. Logan, 2014 ME 92, ¶ 17,
97 A.3d 121, the evidence presented at trial established that on the evening of More...
   $0 (06-09-2016 - ME)

STATE OF LOUISIANA V. DARRELL KENNEDY MALLETTE

The Defendant was convicted of molestation of a juvenile under the age of thirteen for acts committed against his step-granddaughter E.H.3
ERRORS PATENT
In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for errors patent on the face of the record. After reviewing the record, we find that there are three errors patent that render Defendant’s sentence for molestation of a... More...
   $0 (06-09-2016 - LA)

Marquis Diamond v. The State of Texas

The complainant, Steven Ogden, and his brother moved from a nursing home to an apartment complex. There, they met another resident, Tommie Lee Nicholson. Nicholson offered to drive Ogden to a social security office and then to a check-cashing establishment so that Ogden could retrieve his social security check and get cash for it. The next morning, Ogden left with Nicholson and two of Nicholson... More...   $0 (06-08-2016 - TX)

Ralph Byrd Cooper, Jr. v. State of Tennessee

This case arises from the Petitioner‟s rape of the victim in Oak Ridge, Tennessee. Based on this incident, an Anderson County grand jury indicted the Petitioner for aggravated assault and aggravated rape. The State dismissed the aggravated assault charge prior to trial. On direct appeal, our Supreme Court summarized the underlying facts of the case as follows:
According to the victi... More...
   $0 (06-06-2016 - TN)

Tahj R. Thomas v. State of Indiana

Shortly after midnight on April 29, 2014, D.L. arrived at the apartment
complex where she lived. Her four-year-old daughter was sleeping in the back
seat of her vehicle. As she exited her vehicle, a man appeared and pointed a
gun at her as he instructed her to “give him what she had.” Appellant’s
Appendix at 14. D.L. dropped her purse, and a second armed man appeared.
... More...
   $0 (06-06-2016 - IN)

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