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Deliberate Indifference Law
 
STATE OF NEW JERSEY v. MATTHEW J. RAMOS,

Defendant Matthew J. Ramos appeals from the June 16, 2015 Law
Division order, which denied his petition for post-conviction
relief (PCR) without an evidentiary hearing. We affirm.
We derive the following facts from the record. A grand jury
indicted defendant for first-degree murder (of Denise Leonard),
N.J.S.A. 2C:11-3(a)(1) and (2) (count one); first-degree attempt More...
   $0 (12-05-2016 - NJ)

Lamont Johnson v. State of Tennessee

In 2010, a Gibson County jury found the petitioner guilty of first degree murder in the perpetration of aggravated child abuse for the death of his five-month-old daughter. The petitioner was sentenced to life with the possibility of parole, and he appealed. On direct appeal, this Court summarized the factual and procedural history of the petitioner‟s case as follows:

On March 1... More...
   $0 (12-03-2016 - TN)

State of Oklahoma v. Joseph Richard Cyr

Oklahoma City, OK - Defendant Sentenced To Life In Prison For Fatal Stabbing of Woman and Fetus

The State of Oklahoma charged Joseph Richard Cyr, age 35, with two counts of first-degree murder in violation of 21 O.S. 701.1 for stabbing and killing Jaymie Adams, age 25, her unborn child.

Title 21 O.S. 701.1 provides:



A. A person commits murder in the first degre... More...
   $0 (12-02-2016 - OK)

State of Oklahoma v. Hao Trung Le

Tulsa, OK - Defendant Sentence To Life Without Parole On First-Degree Murder Charge

The State of Oklahoma charged Hao Trung Le, age 19, with first-degree murder in violation 21 O.S. 701.7 and accessory after the fact in violation of 21 O.S. 175 for his part in the shooting death of Cristal Gutierrez-Garza on April 30, 2015. Gutierrez-Garza was driving north on Houston street when she was... More...
   $0 (12-02-2016 - OK)

AMERICAN POSTAL WORKERS UNION, AFL-CIO v. POSTAL REGULATORY COMMISSION & UNITED STATES POSTAL SERVICE

In 2006, Congress enacted the Postal Accountability and Enhancement Act (“PAEA”) to reform postal operations and mitigate the U.S. Postal Service’s financial difficulties. See Postal Accountability & Enhancement Act, Pub. L. No. 109435, 120 Stat. 3198 (2006). Congress concluded that the Postal Service maintained more facilities than economically necessary, and instructed the Postal Service to devi... More...   $0 (11-29-2016 - DC)

STATE OF KANSAS v. STEVEN M.N. LOUIS

The first shooting occurred at a restaurant where Louis was present with several companions, including Michael Saechao, who died in the gunfire. Louis, Saechao, and others in Louis' party belonged to a street gang known as the "Asian Boyz." John and Daniel Nguyen, Hien Dao, and Hau Tran, who were members of a rival gang known as the "Viet Boyz," were also there, along with their friends, Viet Nguy... More...   $0 (11-27-2016 - KS)

Brendt Thomas Bennett v. Alfred Bigelow

¶ 1 Brendt Bennett claims that his Fifth Amendment rights were violated when he was required to disclose his entire sexual history, including any uncharged sexual crimes, as part of his sex offender treatment during parole. He refused to make these disclosures and his parole was revoked, requiring him to return to prison to potentially serve the remainder of his indeterminate six year to life sent... More...   $0 (11-25-2016 - )

STATE OF SOUTH DAKOTAv. MARICELA DIAZ

On November 10, 2009, law enforcement officers and firefighters
responded to a vehicle fire in a wooded area of Hanson County near Mitchell, South
Dakota. After extinguishing the fire, they discovered a badly burned body in the
vehicle’s trunk, later identified as 16-year-old Jasmine Guevara. The autopsy
revealed that Guevara had been burned alive.
[¶3.] After trackin... More...
   $0 (11-24-2016 - SD)

STATE OF SOUTH DAKOTA v. MARLIN WAYNE GREENWOOD

On April 3, 2015, Damon Fabre hosted an evening social gathering at
his Sioux Falls apartment in Minnehaha County. Marlin Greenwood, as well as
four other individuals—Martin, J.R., Twila, and Detroit—attended. The group
consumed alcohol including beer and vodka.

[¶3.] Some twenty minutes after Martin’s arrival, Fabre accused Twila of
stealing his cell phone. Twi... More...
   $0 (11-24-2016 - SD)

Zechariah Jay Jones v The State of Wyoming

During the summer of 2014, Zachary Albrecht attempted to get his significant other2 to spice up their love life by having sex with another man. Using her Facebook account, he contacted Jones and tried to persuade him to visit her when he was not home. Thereafter, the woman and Jones communicated regularly via Facebook, but she repeatedly told him she had no interest in a sexual liaison.
More...
   $0 (11-23-2016 - WY)

Robert Carson a/k/a Bay Bay v. State of Mississippi

On April 30, 2012, Robert Carson, Bobby Allen, and Edward Earl Clay spent the day
together at the apartment of Crystal Brent, Carson’s cousin, barbecuing on the grill, smoking
cigarettes and marijuana, and consuming codeine and beer. Between seven and eight o’clock
that evening the men ran out of money for cigarettes and beer, so they decided to go out and
“hit a lick,” meaning rob... More...
   $0 (11-23-2016 - MS)

Louis Michael Winkler, Jr. v. State of South Carolina

On the evening of the murder, Winkler kicked in the door to his estranged wife's home, knocked her son to the ground, and shot her in the face, killing her instantly. In addition to murder, Winkler was convicted of first-degree burglary and assault and battery of a high and aggravated nature. We described the specific facts of the crimes in our opinion affirming the convictions and death sentenc... More...   $0 (11-23-2016 - SC)

Terrance Tyrone Phillips v. State of Florida

The evidence introduced at trial revealed that on the afternoon of December
24, 2009, in Jacksonville, Barbara “Cookie” Anders, Shanise Bing, and Tanequa
“Kiwi” Dwight walked from the Lighthouse Bay Apartments where Anders lived
to a nearby convenience store. Around the same time, three men, Aurelio Salgado,
Manuel Ton, and Mateo Hernandez-Perez drove to the same store to buy ... More...
   $0 (11-21-2016 - FL)

The State of New Hampshire v. Thomas Milton

The relevant facts follow. The charges against the defendant stem from events occurring on July 26, 2010, at the New Hampshire State Prison where the defendant and the victim were then incarcerated. The defendant was a member of a prison gang known as the Brotherhood of White Warriors (BOWW), and had been ordered by Frankie Philbrook, a high-ranking member of BOWW, to assault the victim because ... More...   $0 (11-20-2016 - NH)

THE PEOPLE OF THE STATE OF ILLINOIS v. ONAFFIA McFADDEN

This case involves an appeal from a conviction for unlawful use of a weapon by a felon (UUW by a felon). 720 ILCS 5/24-1.1(a) (West 2008). The conviction was based on defendant Onaffia McFadden’s possession of a firearm at a time when he had been convicted of aggravated unlawful use of a weapon (AUUW). The appellate court vacated the conviction for UUW by a felon based on this court’s decision in ... More...   $0 (11-20-2016 - Il)

State of Oklahoma v. Michael Devin Stanley

Pawhuska, OK - Defendant Sentenced To Life In Prison Without Parole

The States of Oklahoma charged Michael Devin Stanley, age 22, with first-degree murder with deliberate intent for stabbing his 16-year-old sister, Larisa Fraley, in 2014.

Defendant has also been charged in Tulsa County with killing his great-grandmother, Esther Driskell, in the Skiatook, Oklahoma that he shared w... More...
   $0 (11-18-2016 - OK)

STATE OF MISSOURI v. MARK LEE KILGORE

Appellant, 43, was charged with one count of third-degree assault, based on his conduct
in striking his tenant Dennis Vogt (Vogt), 63, who rented a basement room in Appellant’s house.
Appellant’s brother, Jason Kilgore (Jason), also rented from Appellant and lived in the basement,
but his room did not have a door; rather, his area was in the basement proper and his bed was
nea... More...
   $0 (11-17-2016 - MO)

State of Louisiana v. Brandon Deon Thomas

On the evening of September 13, 2013, defendant’s mother, Brenda
Thomas, called 911 to report that her son was “sick,” had been off his
medications for two months, and was holding a knife on his girlfriend. A
recording of this call was played at the beginning of trial.
C.H.,1 a 31-year-old female, testified that she met Brandon Thomas, a
24-year-old male, in January of 2... More...
   $0 (11-16-2016 - LA)

State of Louisiana v. Carl L. Scott

The following facts were elicited during the defendant’s jury trial. On
the evening of November 6, 2012, the victim walked to the defendant’s
house in Shreveport to find a friend of hers who, along with several other
people, was watching an NBA game there. After the game, the other people
left. The victim and the defendant smoked crack cocaine; the victim also
drank a b... More...
   $0 (11-16-2016 - LA)

State of Oklahoma v. Samuel Nava

McAlester, OK - Defendant Found Not Guilty On First-Degree Murder Charge

The State of Oklahoma charged Samuel Nava with first-degree murder in violation of 21 O.S. 701.1 for shooting and killing Mike Meneley, age 32, and shooting and wounding Damon Williams, age 32, in violation of 21 O.S. 653 on January 3, 2016. The death of Meneley and the wounding of Williams arose from an altercation... More...
   $0 (11-12-2016 - OK)

STATE OF MONTANA v. BRIAN JOHN TEMPLE Case No. - 2016MT 284

On April 2, 2011, Temple arrived at the emergency department of St. Peter’s
Hospital complaining of back pain. A doctor prescribed Temple Oxycodone. Temple
filled the prescription that day at a CVS pharmacy. Although the record does not include
a copy of the prescription, it does include a prescription receipt, which states that the
prescription included an eight-day supply ... More...
   $0 (11-11-2016 - MT)

STATE OF NORTH CAROLINA v. C.D. HUNT Case No - COA15-1289

On 6 January 2014, a Durham County grand jury indicted defendant C.D. Hunt on the charge of burning certain buildings, in violation of General Statutes, section 14-62. The matter came on for trial during the 23 March 2015 criminal session of Durham County Superior Court, the Honorable James Roberson, Judge presiding. The evidence presented at trial tended to show that on 29 May 2013, Diane ... More...   $0 (11-06-2016 - NC)

State of Tennessee v. Cephus D. Spicer Case No. - M2015-01739-CCA-R3-CD

The Rutherford County Grand Jury charged the defendant, as well as Marcus Preston,1 with one count each of aggravated robbery and conspiracy to commit aggravated robbery, and charged the defendant alone with one count of unlawful 1 Mr. Preston was also charged with one count of criminal impersonation. - 2 - possession of a firearm on a... More...   $0 (11-06-2016 - TN)

Rhonda E. Roach and E. Dale Roach v. Associates Anesthesiologists, Inc., P.C., Saint Francis Hospital, et al.

Tulsa, OK - Rhonda E. Roach and E. Dale Roach sued Associates Anesthesiologists, Inc., P.C., Raenalle J. Degidio, CRNA, Dennis Morris, M.D., Christopher D. Emerson, M.D., Kent Alan Woolard, M.D., Saint Francis Hospital, Inc. and Saint Francis Health System, Inc. on medical negligence theories claiming to have been injured and/or harmed as a direct result of substandard health care provided to Uria... More...   $0 (11-04-2016 - OK)

COMMONWEALTH vs. KRISTOPHER GRIFFIN Case No. - SJC-11524

In the late evening or early morning of July 23 and 24, 2009, the defendant broke into the house where his six year old daughter lived with the defendant's former girl friend and slit his daughter's throat, causing her death.

1 Justices Spina and Duffly participated in the deliberation on this case prior to their retirem... More...
   $0 (11-04-2016 - )

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