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Deliberate Indifference Law
 
The State Of South Carolina v. Alexander L. Hunsberger

Alex argues that his right to a speedy trial under both the United States and South Carolina Constitutions was violated, and therefore, his murder charge should be dismissed. We analyze the issue under the Sixth Amendment, and agree.

The Sixth Amendment to the United States Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public tr... More...
   $0 (10-17-2016 - SC)

Larry Darnell Perry v. State of Florida

In State v. Perry, the Fifth District Court of Appeal addressed two cases
involving defendants awaiting trial for charges of first-degree murder, in which the
State filed notices of intent to seek the death penalty prior to the United States
Supreme Court issuing its decision in Hurst v. Florida on January 12, 2016. Perry,

5. Th... More...
   $0 (10-17-2016 - FL)

TIMOTHY LEE HURST v. STATE OF FLORIDA

The background and facts of this case were reiterated in our decision in
Hurst v. State in pertinent part as follows:
Hurst was convicted for the May 2, 1998, first-degree murder of Cynthia Harrison in a robbery at the Popeye’s restaurant where Hurst was employed in Escambia County, Florida. The victim, also an employee, had been bound and gagged and repeatedly cut and stabbed with a we... More...
   $0 (10-17-2016 - FL)

CARLOS LAMONT ORDWAY V. COMMONWEALTH OF KENTUCKY

During a summer evening in 2007, Ordway was traveling in the front
passenger seat of a stolen car with two acquaintances. Rodriquez "Hot Rod"
Turner was the car's driver and Patrick "Lee Lee" Lewis was in the back
passenger seat directly behind Ordway. According to Ordway, the group was
traveling from Louisville to Lexington to traffic in narcotics. The plan was for
Ordway... More...
   $0 (10-15-2016 - KY)

William Brandon, Jr. and Sarah Brandon v. Buddy & Pal's III, Inc., d/b/a Buddy & Pal's Place and Thomas Walker

On March 10, 2012, Brandon and his wife went to Buddy & Pal’s Place, a bar
in Schererville, for a birthday party. Walker was attending the same birthday
party, although Brandon and Walker did not know each other.

At some point, Brandon and Walker got into a verbal argument. According to
Walker, Brandon told him “I’ll ‘F’ you up, punk.” Tr. p. 86. A Buddy & Pal’s
... More...
   $0 (10-15-2016 - IA)

Skuyler Salinas v. The State of Wyoming

Appellant and Ashley Martinez’s relationship ended a year after their daughter, L.S., was born. After some time had passed, an incident occurred in Fort Collins, Colorado. While Ms. Martinez, her date, and L.S. were stopped at a traffic light, Appellant, who apparently had been following them, came over and began punching her car and yelling at them. Ms. Martinez was eventually able to drive of... More...   $0 (10-10-2016 - WY)

SUNOCO, INC. v. THE UNITED STATES

The core of the parties’ dispute in this case is a purely legal issue. Because the Court will decide that issue when it resolves the parties’ pending motions, only a brief summary is necessary here. Sunoco, like many companies that produce fuel, blended ethanol into its fuel and thereby qualified for the alcohol fuel mixture credit under 26 U.S.C. § 6426(b). Compl. ¶¶ 10–11, Dkt. No. 1. The cr... More...   $0 (10-09-2016 - DC)

United States of America v. Yarann Im, Mark Green, John Pinkham, Thomas Reno, Michael Bryant, Thomas Choi and George Anestis

Portland, ME - Seven Men Plead Guilty for Illegally Harvesting and Selling American Eels

Between the dates of October 4 and October 6, seven individuals pleaded guilty in Federal District Court in Portland, Maine, to trafficking more than $1.9 million worth of juvenile American eels, also known as “elvers,” in violation of the Lacey Act.

Yarann Im, Mark Green, John Pinkham, Thoma... More...
   $0 (10-09-2016 - ME)

STATE OF CONNECTICUT v. DAQUAN HOLMES

The defendant, Daquan Holmes, appeals from the judgment of conviction, rendered after a jury trial, of murder in violation of General Statutes § 53a54a1andcriminalattempttocommitmurderinviolation of General Statutes §§ 53a-492 and 53a-54a. On appeal, the defendant claims that (1) the trial court abused its discretion in denying his motion for a new trial, (2) the prosecutor engaged in prosecutoria... More...   $0 (10-08-2016 - CT)

WILLIAM DIESER v. ST. ANTHONY’S MEDICAL CENTER

On January 28, 2008, Mr. Dieser was admitted to St. Anthony’s for surgery to
remove a pancreatic pseudocyst. Two days later, Mr. Dieser developed a pressure wound
on his buttocks. The wound developed into a stage IV pressure ulcer extending from the
surface of Mr. Dieser’s skin to the bone. Surgery had to be performed to cut and remove
dead tissue from the wound. Mr. Dieser... More...
   $0 (10-05-2016 - AR)

Henry S. Miller Commerial Company v. Newsom, Terry & Newsom, LLP, et al.

HSM and its former employee Steven Defterios were sued by a group of commercial
property owners for fraud relating to several unsuccessful real estate deals (the “Underlying
Lawsuit”). James Flaven, the prospective buyer put forward by HSM and Defterios, held
himself out as the beneficiary of a large trust fund. In fact, Flaven was a truck driver with no
trust fund, and none ... More...
   $0 (10-04-2016 - TX)

Christopher James Holder v. The State of Texas

On the evening of Sunday, November 11, 2012, the Plano Police Department responded
to a call about a possible burglary at 3121 Royal Oaks Drive, Plano, Texas, where they found
fifty-year-old Billy Tanner deceased in his home. He had sustained blunt force trauma to the
head and multiple stab wounds.
In the summer of 2012, Billy Tanner’s step-daughter, Casey James, her two child... More...
   $0 (10-04-2016 - TX)

JOSHUA SHAW v. CITY OF OKLAHOMA CITY

According to Plaintiff's petition, he was an off-duty McLoud police officer on December 10, 2012, when he met a female friend, a fellow CLEET trainee, at Henry Hudson's Pub on Memorial Road in Oklahoma City. While eating, Plaintiff and his friend were "discussing going to the gun range and shooting their weapons." An off-duty Village police officer, who was sitting near them, overheard parts of th... More...   $0 (10-01-2016 - Ok)

STATE OF KANSAS v. BRYANT A. SEBA

Following a period of escalating tension between Bryant A. Seba and others, Seba fired nine shots toward those with whom he had been fighting. He killed a pregnant bystander and repeatedly shot one of the men, resulting in the man's paralysis. The State charged Seba with two counts of first-degree premeditated murder. One of Seba's two first-degree premeditated murder counts was based on Alexa's l... More...   $0 (10-01-2016 - KS)

STATE OF KANSAS v. KYLE CARTER

On the evening of September 7, 2013, through the early morning hours of September 8, friends Kyle Carter and Trenton Custer went to a couple of bars before ending up at Michelle Wilmore's Wichita home.

About 3:45 a.m. Richard Heptig, who lived near Wilmore, found a man named Carl Cooper on his front porch. Cooper and the porch were covered in blood. Cooper told Heptig that he had been ... More...
   $0 (10-01-2016 - KS)

BRITT DECKERT V. COMMONWEALTH OF KENTUCKY

Appellant, Britt Deckert, was twenty-six years old in the summer of
2013. He lived with his father, his half-brother, A.J., and A.J.'s wife, Emma
Belle, and step-daughter, Jessica,' in a small house in Marion, Kentucky.
Appellant and Emma Belle had previously been engaged in a sexual
relationship. On August 1, 2013, A.J. was attempting to help Appellant repair
a television... More...
   $0 (09-27-2016 - KY)

CARLOS LAMONT ORDWAY V. COMMONWEALTH OF KENTUCKY

During a summer evening in 2007, Ordway was traveling in the front
passenger seat of a stolen car with two acquaintances. Rodriquez "Hot Rod"
Turner was the car's driver and Patrick "Lee Lee" Lewis was in the back
passenger seat directly behind Ordway. According to Ordway, the group was
traveling from Louisville to Lexington to traffic in narcotics. The plan was for
Ordway... More...
   $0 (09-27-2016 - KY)

SAMANTHA G. HOLLAWAY V. DIRECT GENERAL INSURANCE COMPANY OF MISSISSIPPI, INC.

This bad-faith insurance dispute began as a low-speed automobile
collision in an apartment complex parking lot. The accident involved a vehicle
owned and driven by Harry Sykes III and a vehicle owned by Samantha
Hollaway and driven by Danny Bartlett. Both parties rely on their own
accounts of the series of events leading up to the accident.
According to Hollaway, Bartlett ... More...
   $0 (09-27-2016 - KY)

Rebecca Fayelayne Nelson v. The State of Texas

The motion to suppress was heard on March 26, 2015. The sole witness was
Fredericksburg Police Department Sergeant Derek Seelig. Sergeant Seelig testified that on July
14, 2013, at approximately 8:01 pm, he responded to “a call in reference to an intoxicated female
subject in a red Ford pickup truck at a convenience store gas station.” When Sergeant Seelig
arrived, Nelson wa... More...
   $0 (09-25-2016 - TX)

STATE OF KANSAS v. ANTHONY MICHAEL ALEXANDER

Defendant Anthony Michael Alexander appeals from the verdict of a jury sitting in Johnson County District Court convicting him of misdemeanor driving under the influence, a violation of K.S.A. 2015 Supp. 8-1567. Alexander complains that the admission of a toxicology report was unfairly prejudicial, the trial evidence was insufficient to support the verdict, and a single misstatement in the prosecu... More...   $0 (09-23-2016 - KS)

VICTOR ANZUA-TORRES v. STATE OF KANSAS

In 2006, a jury convicted Victor Anzua-Torres of second-degree reckless murder and several other offenses related to a fatal 2005 automobile collision in which Anzua-Torres was driving while intoxicated. His convictions and sentence were affirmed on direct appeal. He later filed a K.S.A. 60-1507 motion alleging, among other things, that his trial counsel was constitutionally ineffective for fail... More...   $0 (09-23-2016 - KS)

STATE OF KANSAS v. MARQUATESZ R. REDMON

All parties in this case agree that the charges in this case arose out of horrible facts. On the evening of June 6, 2013, 76-year-old W.S.B., a widow who lived alone in her Wichita home, endured a horrendous ordeal after waking up when a strange man
2
came into her bedroom and jumped on top of her while holding a knife. W.S.B. was not wearing her glasses, so she could not see the man. Sh... More...
   $0 (09-23-2016 - KS)

STATE OF MONTANA v. RICHARD LEE GRIFFIN

In January 2014 the State charged Griffin with six felonies arising from his sexual
contact with two step-daughters. The evidence presented during the State’s case-in-chief
showed that Griffin repeatedly engaged in sexual contact with the girls, in addition to
inflicting beatings, requiring them to do house work in the nude, and killing their pets.
Griffin did not present any... More...
   $0 (09-22-2016 - MT)

YASSIN MUHIDDIN AREF, ET AL. v. LORETTA E. LYNCH, ATTORNEY GENERAL OF THE UNITED STATES, ET AL.

Appellants are three federal prisoners who spent several years housed in specially designated Communication Management Units (CMUs), a classification that meant family visits and communications with the outside world were curtailed. Appellants contend their designation to CMUs violated their due process rights. One appellant also alleges his continued CMU placement was in retaliation for protect... More...   $0 (09-21-2016 - DC)

STATE OF NEW JERSEY v. ROBIN PEREZ

The record shows that on May 9, 2006, defendant, who was then
sixteen years old, went with co-defendant Victor Marrero to the
Atlantic City residence of the victim. Defendant and Marrero were
armed with a knife and a lead pipe. They planned to kill the
victim because they believed he had sexually assaulted his
stepdaughter, a friend of defendant. Defendant and Marrero h... More...
   $0 (09-21-2016 - NJ)

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