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Deliberate Indifference Law
 
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)

United States of America v. Guled Ali Omar, Abdurahmen Yasin Daud and Mohamed Abdihamid Farah

Minneapolis, MN - Jury Trial Results In Conviction Of Three Minnesotans For Conspiring To Join ISIL And Commit Murder In Syria

Nine members of conspiracy convicted of terrorism charges in largest multi-defendant ISIL-related case in United States

Guled Ali Omar, Abdurahmen Yasin Daud and Mohamed Abdihamid Farah

were convicted by a federal jury today of conspiring to com... More...
   $0 (06-05-2016 - MN)

STATE OF MONTANA v. DANIEL JOSEPH COLVIN

On October 9, 2014, the State charged Colvin by information with attempted
deliberate homicide in the September 4, 2014 shooting of Michael Aja. At the time of the
incident Aja was sitting in his Jeep vehicle. Colvin claimed that he was holding the pistol
inside the driver’s side window when it accidently fired and hit Aja. On the same day as
the shooting, law enforcement o... More...
   $0 (06-02-2016 - MT)

STATE OF NEW JERSEY VS. ARTHUR RYAN KUREK

Defendant Arthur Ryan Kurek appeals from his convictions
and sentences for refusal to submit to an Alcotest in violation
of N.J.S.A. 39:4-50.2 and reckless driving in violation of
N.J.S.A. 39:4-96 following trial de novo in the Law Division.
Defendant asserts he was denied a speedy trial, not informed of
all material consequences resulting from a refusal to submit to
... More...
   $0 (06-02-2016 - NJ)

MARK ANTHONY MARCHAN v. STATE OF FLORIDA

Mr. Marchan was adjudicated guilty of criminal mischief, damage of $1000
or more, on September 13, 2013, resulting in a split sentence of forty-six days in jail
followed by eighteen months' probation. The State filed a third amended affidavit of
violation of probation on May 6, 2014, alleging seventeen violations of probation.
Following an evidentiary hearing, the trial court... More...
   $0 (06-01-2016 - )

The State of Texas v. Gordon Heath Elrod

Appellee was charged with fraudulent use or possession of identifying information in
cause number F15-40913-I, and with two counts of tampering with a governmental record in
cause numbers F15-40914-I and F15-40915-I. He filed a motion to suppress evidence in each
case. The motions were identical; each challenged the affidavit supporting a search warrant
issued at 10:35 a.m. o... More...
   $0 (05-30-2016 - TX)

United States v. Ganias

In August 2003, agents of the U.S. Army Criminal Investigation Division
(“Army CID”) received an anonymous tip that Industrial Property Management
(“IPM”), a company providing security for and otherwise maintaining a
government-owned property in Stratford, Connecticut, pursuant to an Army
contract, had engaged in misconduct in connection with that work. In particular,
the... More...
   $0 (05-30-2016 - CT)

STATE OF KANSAS v. ANSON R. BERNHARDT

We review the evidence in the record before us at greater length than we otherwise might because of the nature of the challenges Bernhardt advances on appeal.
On the afternoon of September 29, 2012, Bernhardt picked up his live-in girlfriend Amber Kostner from work. About 7 that evening, the two went to a party, picking up their friend Josie Breeden on the way. Bernhardt left the party about... More...
   $0 (05-29-2016 - )

STATE OF KANSAS v. GREGORY STUART ROSA

On January 27, 2011, law enforcement officers executed a search warrant for a methamphetamine laboratory in Rosa's home in Leavenworth County, Kansas. The house had four long-term residents. Rosa and Maureen Evans were in a relationship at the time and lived together in the upstairs master bedroom where they were found during the raid. Randall Smith lived in a bedroom on the main floor. Smith was ... More...   $0 (05-29-2016 - KS)

STATE OF NEW JERSEY VS. QUAYSHAWN MACK

We briefly summarize the pertinent facts. On September 23,
2011, at 11:40 p.m., Jersey City Police Department (JCPD)
officers Michael Meade and Mark Hennessey responded to a "shots
fired" call in the area of Rutgers Avenue in the city. Meade and
Hennessey were monitoring the radio in high crime areas as part
of their assignment to the Violent Crimes Unit. Both officers More...
   $0 (05-28-2016 - NJ)

State of Oklahoma v. David Ruble II

Tulsa, OK - Defendant Get Two Life Sentences for Highway Robbery Murder

Tulsa criminal defense lawyer Mike Manning represented David Ruble II who was charted by the State of Oklahoma with first-degree felony murder in violation of 21 O.S. 701.7, attempted robbery with a firearm in viola... More...
   $0 (05-28-2016 - OK)

Commonwealth v. Villalobos

After a joint jury trial,1 the defendant, Anthony Villalobos, was convicted of the lesser included offense
of involuntary manslaughter of Jose Alicea and two counts of assault and battery, one on Gregory Pimental2 and one on Omar
Castillo.3 He appeals from the convictions and also from the denial of his motion for a new trial, arguing that (1) the
evidence was insufficient to suppo... More...
   $0 (05-27-2016 - MA)

STATE OF IOWA vs. SCOTT ANTHONY SUDBECK

On February 26, 2014, Scott Sudbeck shot and killed his ex-girlfriend,
Michaela Jordan. He was tried and convicted of murder in the first degree in
violation of Iowa Code sections 707.1 and 707.2 (2013). On appeal, he
challenges the sufficiency of the evidence. He relatedly contends the district
court erred in denying his motion for new trial on the basis the conviction was ... More...
   $0 (05-26-2016 - IA)

STATE OF LOUISIANA Vs. DARON LUNDY

The defendant, Daron Lundy (“Defendant”), timely appeals his conviction of
one count of armed robbery with a firearm, in violation of La. R.S. 14:64.3. In his
sole assignment of error, Defendant asserts that the district court erred in denying
his motion to suppress statement. After a thorough review of the record and the
relevant jurisprudence, we find that the district court ... More...
   $0 (05-25-2016 - LA)

Antonio Herrera v. The State of Texas

This aggravated child sexual abuse case involves two issues: (1) Did the trial court
erroneously deny appellant’s motion to dismiss for violating his right to a speedy trial because
the delay in arresting and prosecuting him caused an inability to obtain and present exculpatory
evidence, and (2) did the trial court erroneously quash appellant’s subpoena duces tecum served
on n... More...
   $0 (05-25-2016 - TX)

STATE OF NEW MEXICO v. ROBERT EARLEY

Robert Glenn Earley, convicted by a jury of first-degree murder, tampering with3
evidence, and kidnapping, raises eight issues on direct appeal to this Court: (1) the4
trial court erred by denying Defendant’s motion to suppress three statements he made5
to law enforcement officers, (2) the trial court erred by denying Defendant’s motion6
for a continuance, (3) the trial court erred... More...
   $0 (05-23-2016 - NM)

Archie Quinn v. State of Mississippi

In the early morning hours of September 28, 2008, Terry Johnson called 911 from a
neighbor’s house and reported that someone had been “shooting in [his] house.” Johnson
reported that he had gotten out of the house, but that his girlfriend was still inside. Johnson
identified Archie Quinn as the shooter and reported that Quinn had shot him in the hip with
a shotgun.
¶3. Deput... More...
   $0 (05-22-2016 - MS)

EDWARD JOSEPH REYNOLDS V. STATE OF ARKANSAS

Edward Joseph Reynolds appeals a jury’s verdict finding him guilty of kidnapping
and aggravated assault. He was sentenced as a habitual offender to consecutive sentences of
life imprisonment and fifteen years’ imprisonment, respectively. On appeal, Reynolds
contends that the circuit court erred by (1) denying his directed-verdict motions on both
charges; (2) allowing the vict... More...
   $0 (05-22-2016 - AR)

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