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Deliberate Indifference Law
 
STATE OF MONTANA v. MARKUS HENDRIK KAARMA

In April 2014, the Missoula, Montana, home Kaarma and his partner Janelle
Pflager (Pflager) shared with their infant son was burglarized two times. Each time the
burglar entered the garage through the partially open garage door. Concerned about
safety, Kaarma and Pflager installed security cameras in and around their garage,
changed how they parked their cars, started locking... More...
   $0 (02-13-2017 - MT)

JEREMIAH ETHAN SAMUEL SHULL v. THE STATE OF WYOMING

This case presents facts from which both parties argued inferences as to whether Shull was guilty of first degree murder, second degree murder, or manslaughter. We willtherefore summarize the pertinent evidence to demonstrate the competing versions the jury had to sort out.
[¶4] Shull and his wife, Julie Cordell-Shull (Cordell),2 wed in February of 2014 after dating for approximately one ... More...
   $0 (02-13-2017 - WY)

STATE OF NEW JERSEY v. TODD C. FORD, a/k/a CURTIS FORD, TY FORD, DUTCH FORD / STATE OF NEW JERSEY v. DOMONIQUE HINES

During December 2007, Jones was staying with his long-time
friend, M.B.,1 who was a drug dealer and, the State alleged, the
intended victim of a robbery. Jones was the target of electronic
surveillance.2
M.B. testified for the State that on the morning of December
19, 2007, he and Jones made a plan to meet up later in the day and
go together to Vineland to meet one... More...
   $0 (02-13-2017 - NJ)

State of Tennessee v. Billy Hill

At the trial, Wanda Brown testified that she and Bobbie Hill, who was the victim and the Defendant‘s mother, had been friends since the 1960s. Ms. Brown and the victim went to a fair on Friday, September 12, 1986, around 6:00 p.m. and returned to Ms. Brown‘s home around 10:30 p.m. The victim lived about six miles from Ms. Brown‘s home, and Ms. Brown assumed the victim drove home when she left th... More...   $0 (02-12-2017 - TN)

Khadidia Issa v. The School District of Lancaster

School-age refugees facing language barriers asked the District Court for a preliminary injunction compelling the School District of Lancaster to allow them to transfer from Phoenix Academy, an accelerated credit-recovery high school, to McCaskey High School’s International School, a program designed principally to teach language skills to English language learners, or ELLs. The District Court gra... More...   $0 (02-12-2017 - PA)

STATE OF IOWA vs. ROBERT DEAN AHART

At trial, the State offered evidence that Ahart and his girlfriend, Mara
Lubavs-Martin, operated a large-scale drug-dealing operation out of their Des
Moines residence. Law enforcement surveilled the house on at least ten
occasions and saw people coming and going on a regular basis. Officers from
the Mid-Iowa Narcotics Enforcement and the Drug Enforcement Administration
... More...
   $0 (02-10-2017 - IA)

Matthew Carabajal a/k/a Mathew K. Carabajal Jacoby v. City of Cheyenne, Wyoming, Josh Thornton and Michael Sutton

Plaintiffs-Appellants Mathew Carabajal and his son, V.M.C., through
Mathew and V.M.C.’s mother, Arianna Martinez, appeal from the district court’s
judgment in favor of Defendants-Appellees Officers Joshua Thornton and Michael
Sutton, and Defendant-Appellee City of Cheyenne (“the City”). On appeal,
Plaintiffs challenge the district court’s grant of a motion to dismiss Plaintiffs’More...
   $0 (02-10-2017 - WY)

Zachary Taylor Wood v. State of Florida

On the evening of April 19, 2014, an Alabama State Trooper began a high-
speed pursuit of a gold-colored Toyota Camry on Alabama State Highway 167,
just south of the city of Enterprise, Alabama. The pursuit ended when the Camry
and the patrol car crashed into a ditch off a nearby county road after the patrol car
was shot at from the Camry during the chase. Once both cars were... More...
   $0 (02-03-2017 - FL)

State of Tennessee v. Stephanie Lynn Ferguson

This case arises from a multi-vehicle crash in which a truck driven by the Defendant crashed into the back of a car occupied by Willie Nichols and Aaron Hall, forcing their car into the back of another vehicle and resulting in Mr. Nichols’ and Mr. Hall’s deaths. Based on the incident, the Davidson County Grand Jury indicted the Defendant for the following offenses:
Count Offense Victim 1 Vehi... More...
   $0 (02-03-2017 - TN)

State of Tennessee v. DeKarlos Johnson

We have briefly summarized the facts from the joint trial of the DefendantAppellant, Dekarlos Johnson, and his co-defendant, Bryant Gooseberry, because they are relevant to the issues on appeal.

Trial. Hue Xa testified that on January 21, 2013, he made arrangements to buy an iPhone from a seller who had posted an advertisement on Craigslist. That day, Xa called and emailed the sell... More...
   $0 (02-02-2017 - TN)

The State of New Hampshire v. William Edic

The defendant, William Edic, appeals his conviction, following a jury trial in Superior Court (McNamara, J.), on one count of second degree murder and one count of falsifying physical evidence. See RSA 630:1-b, I(b) (2016); RSA 641:6, I (2016). On appeal, the defendant challenges various evidentiary rulings made at trial. We affirm.

The record supports the following facts. The char... More...
   $0 (02-02-2017 - NH)

CAMERON NELSON v. STATE OF KANSAS

The State's theory of the underlying homicide had Nelson, while riding with three other people in a car, reaching out the window and firing a handgun at the victim, a pedestrian standing a short distance behind the slowly moving vehicle. The shooting took place in April 2008 on a street in Salina. The evidence pointed to some bad blood between Nelson and the victim. The principal testimony against... More...   $0 (02-01-2017 - KS)

Coby Ray Hudgins v. The State of Texas

On the evening of October 5, 2013, Appellant had three guests in the home he shared with his fiancé, Kastina Anderson: Leea Anderson, Kastina’s sister; Kayla Williams, Leea’s best friend; and Gabriele Tucker, Appellant’s cousin. All were drinking alcohol, and at least two of the young women had smoked marijuana. According to the witnesses, the atmosphere was cordial and relaxed. Appellant said,... More...   $0 (01-31-2017 - TX)

Israel Saenz Vasquez v. The State of Texas

On June 4, 2012, the grand jury indicted Appellant for the felony offense of driving while intoxicated, subsequent offense. The State also alleged two enhancements for prior felony DWI offenses. The court set bond at $25,000, which Appellant posted. The trial court conducted a pretrial hearing and set the case for jury trial for the week of September 24, 2012. The trial did not take place in 2... More...   $0 (01-31-2017 - TX)

UNITED STATES OF AMERICA v. IRVIN C. KENNY, ALSO KNOWN AS HOOP

On September 5, 1996, Kenny was indicted on federal charges for unlawful distribution of 50 grams or more of cocaine base and unlawful distribution of cocaine base within 1,000 feet of a school in the District of Columbia. He pleaded guilty to one count of unlawful distribution, and was sentenced to 121 months’ imprisonment and five years’ supervised release.
At the time of the drug offense ... More...
   $0 (01-25-2017 - DC)

Rosick Hill v. The State of Texas

E.T. testified that appellant (her second cousin) sexually assaulted her when she was ten
years old. She testified that appellant threatened to hurt or kill her if she ever told anyone what
he had done to her. He also told her that no one would believe anything she said. E.T. kept the
assault a secret for three years. When she was thirteen, she told two other cousins that appell... More...
   $0 (01-23-2017 - TX)

STANLEY MCCLOUD vs. STATE OF FLORIDA

McCloud was charged with first-degree murder in the death of his wife,
Sandra McCloud. McCloud shot Sandra with a .357 magnum in her bedroom and
in the presence of their two small children. Sandra died from a single gunshot
wound to the chest. One of the children sustained a grazing wound from the same
gunshot. Both McCloud and Sandra had been drinking for hours before the ... More...
   $0 (01-21-2017 - FL)

Jerry D. Vest v. State of Indiana

Vest is married to S.V., and they have four children together, who were all
adults at the time of the incident at issue. On February 27, 2015, in the
evening, their daughter, Jackie, and their son, Shawn, and his girlfriend came to
Vest’s home to celebrate Shawn’s twenty-first birthday. Everyone was drinking
alcoholic beverages that evening. When she arrived at the house, Ja... More...
   $0 (01-20-2017 - IN)

Jerry Hartfield v. The State of Texas

Nearly four decades ago, a Wharton County jury convicted appellant Jerry Hartfield
of the capital murder of Eunice Lowe and assessed his punishment at death. On
automatic review, the Texas Court of Criminal Appeals found error related to the exclusion
of a potential juror, vacated Hartfield’s conviction, and ordered a new trial in its entirety.
In its motion for rehearing to ... More...
   $0 (01-19-2017 - TX)

STATE OF MONTANA v. JOHN O. MILLER

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not
serve as precedent. Its case title, cause number, and disposition shall be included in this
Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana
Reports.
¶2 John O. Miller ... More...
   $0 (01-18-2017 - MT)

RODNEY DUBOIS v. STATE OF MONTANA

The State charged Dubois in 2003 with deliberate homicide for allegedly killing
Dion Guckeen with a baseball bat. Dubois admitted to hitting Guckeen with the bat but
argued that he acted in self-defense. The District Court appointed Vincent van der Hagen
to represent Dubois at trial. Dubois moved for reassignment of counsel due to his
dissatisfaction with van der Hagen. The... More...
   $0 (01-18-2017 - MT)

STATE OF MONTANA v. LEVI STARK

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not
serve as precedent. Its case title, cause number, and disposition shall be included in this
Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana
Reports.
¶2 Levi Stark app... More...
   $0 (01-18-2017 - MT)

STATE OF MONTANA v. JODY JAKE POPE

On September 30, 2013, the State of Montana charged Pope with attempted
deliberate homicide, assault with a weapon, and driving while license suspended or
revoked. The State alleged that on September 12, 2013, Pope intentionally struck his
then girlfriend, Susan Myers, with his van on Highway 93 in Ravalli County. Pope
denied the allegations, claiming that Myers exited the va... More...
   $0 (01-18-2017 - TN)

TRAVIS BALL v. STATE OF FLORIDA

At sentencing, Ball conceded that he qualified as a habitual felony offender (HFO),
but objected to the PRR classification. The trial court sentenced Ball to twenty-two years
in the Department of Corrections as an HFO and PRR, the first fifteen of which is the
mandatory sentence resulting from being classified as a PRR pursuant to the catchall
provision found in section 775.08... More...
   $0 (01-17-2017 - FL)

State of Tennessee v. Jeffery Gordon Layhew

This case arises from the Defendant hitting a bicycle ridden by Floyd Cassista, the victim, at approximately 6:00 p.m. on December 14, 2014. While the Defendant was on bail for this offense, he was arrested on two separate occasions for DUI. Also while on bail, the Defendant was subject to having an alcohol ankle monitoring device, SCRAM, on his ankle. He cut the SCRAM alcohol monitor off his a... More...   $0 (01-16-2017 - TN)

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