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Manslaughter Law
 
The People v. David Allen Lucas

A jury found defendant David Allen Lucas guilty of the first degree murders of Suzanne Jacobs, Colin Jacobs, and Anne Swanke (Pen. Code, §§ 187, subd. (a), 189),1 the attempted murder of Jodie Santiago Robertson (§§ 187, 664), and the kidnappings of Swanke and Robertson (§ 207, subd. (a)). The jury also found that he personally used a knife during each crime (§ 12022, subd. (b)) and inflicte... More...   $0 (08-21-2014 - CA)

State of OKlahoma v. John DeSelms

Jay, OK - The State of Oklahoma charged John DeSelms with two counts of first-degree manslaughter arising from the deaths of Rachel Nicole Swetnam, age 21, and William Lewis (Trey) VArner, III, age 21, who were killed when the boat in which they were passengers that was being driven by DeSelms hit a houseboat on May 14, 2013. The State alleged that DeSelms was intoxicated and was operating the boa... More...   $0 (08-20-2014 - OK)

The People v. Keandre Dion Windfield

A jury convicted Harquan Johnson (Johnson) and KeAndre Windfield (Windfield)
of first degree murder (Pen. Code, § 187, subd. (a)),1 during which they personally used
and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)) and a
principal personally discharged a firearm causing death (§ 12022.53, subds. (d) & (e)(1)).
The jury further convicted defendants of ... More...
   $0 (08-19-2014 - CA)

In re J.S. et al., Persons Coming Under the Juvenile Court Law.

In the unpublished portion of this opinion, we will hold that there was insufficient
evidence to support jurisdiction based on the mother’s alleged failure to protect the
children against sexual abuse by the father. However, there was sufficient evidence to
support jurisdiction based on the mother’s substance abuse; moreover, the juvenile court
also found jurisdiction on other ... More...
   $0 (08-19-2014 - CA)

The People v. Justin James Merriman

In 2001, a jury convicted defendant Justin James Merriman of the 1992 first degree murder of Katrina Montgomery (Pen. Code, § 187, subd. (a)),1 and found true the special circumstance allegations that the murder was committed while defendant was engaged in the commission of rape and oral copulation (§ 190.2, subd. (a)(17)(C), (F)), and the allegation that defendant personally used a deadly weapo... More...   $0 (08-18-2014 - CA)

In re CHRISTOPHER M., a Person Coming Under the Juvenile Court Law.

Christopher M., Sr., (father) appeals from the order adjudicating his son, Christopher M., (Christopher) a dependent child pursuant to Welfare and Institutions Code section 300, subdivisions (b) and (g) and the ensuing disposition order.1 Father contends there was no substantial evidence to support jurisdiction based on father’s alleged conduct. We reverse and remand.
FACTUAL AND PROCEURAL B... More...
   $0 (08-15-2014 - CA)

The People v. Kelvyn Rondell Banks

Defendant Kelvyn Rondell Banks was convicted by a jury in 1998 of two counts of first degree murder (Pen. Code, § 187; all further statutory references are to the Penal Code unless otherwise indicated), one count of attempted murder (§§ 187, subd. (a), 664), one count of forcible rape (§ 261, subd. (a)(2)), one count of forcible oral copulation (§ 288a, subd. (c)), one count of first degree r... More...   $0 (08-14-2014 - CA)

The People v. Richard Tom

On a clear evening in February 2007, defendant Richard Tom broadsided at high speed a vehicle driven by Loraine Wong, who was making a left turn from Santa Clara Avenue onto Woodside Road in Redwood City. Wong‘s younger daughter, Sydney Ng, eight, was killed; her older daughter, Kendall Ng, 10, sustained serious injuries. The evidence at trial showed that defendant did not brake prior to the cra... More...   $0 (08-14-2014 - CA)

STATE OF IOWA, Plaintiff-Appellee, vs. KENDALL LEE WARE, Defendant-Appellant.

Kendall Lee Ware appeals his conviction for homicide by vehicle by operating while intoxicated, in violation of Iowa Code sections 321J.2 and 707.6A(1) (2011). Ware claims the district court erred in refusing to instruct on homicide by vehicle by reckless driving as a lesser included offense. See Iowa Code §§ 321.277, 707.6A(2)(a). We find homicide by vehicle by reckless driving is not a lesser ... More...   $0 (08-14-2014 - IA)

STATE OF IOWA, Plaintiff-Appellee, vs. JUSTIN DONALD HUFFMAN, Defendant-Appellant.

Justin Huffman appeals his conviction and sentence for theft in the second degree, pursuant to Iowa Code sections 714.1(1) and 714.2(2) (2011). Huffman maintains there was insufficient evidence to support the guilty verdict. He also maintains the district court erred by accepting inconsistent verdicts. Because we find substantial evidence supports Huffman’s conviction and the verdicts were not l... More...   $0 (08-13-2014 - IA)

State of Michigan v. Theodore Wafer

The State of Michigan charged Theodore Wafer, age 55, with second-degree murder as a result of him shooting and killing Renisha McBride, age 19, during the early morning hours of November 2, 2013. Ms. McBride, who was apparently intoxicate, had wreck her car and was knocking on Mr. Wafer's front door. He opened the door and shot her with a shotgun through the screen door killing her.

D... More...
   $0 (08-07-2014 - MI)

United States of America v. Charg Hebb

Pierre, SD - United States Attorney Brendan V. Johnson announced that a Lantry, South Dakota, man convicted of Involuntary Manslaughter was sentenced on July 28, 2014, by U.S. District Judge Roberto A. Lange.

Charg Hebb, age 20, was sentenced to 1 year and 1 day of custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

He... More...
   $0 (08-05-2014 - SD)

Nickey Vanexel v. The State of Texas

A jury found appellant Nickey Van Exel, a/k/a Nickey Vanexel,1 guilty of murder and assessed punishment of sixty years’ imprisonment and a $10,000 fine. The trial judge rendered judgment on the jury’s verdict. Appellant raises four issues on appeal. We affirm.
I. BACKGROUND
In July 2011, the State indicted appellant for capital murder, alleging that he shot and killed Bradley Eyo in th... More...
   $0 (08-04-2014 - TX)

State of Oklahoma v. Mary Gasnik

Tulsa, OK - Criminal defense lawyers Scott Troy and Richard O'Carroll represented Mary Gasnik who was charged with permitting child sexual abuse in violation of 21 O.S. 843.5T, two counts of contributing to the delinquency of a minor in violation of 21 O.S. 856 and two counts of failing to report chil... More...   $0 (08-04-2014 - OK)

Kimberley Louise Shano v. The State of Texas

A jury found appellant, Kimberly Shano, guilty of intoxication manslaughter,2 two separate offenses of accident involving personal injury or death,3 and aggravated assault with a deadly weapon.4 The jury assessed her punishment at confinement for twenty years for intoxication manslaughter, ten years for each offense of accident involving personal injury or death, and fifteen years for aggravated a... More...   $0 (07-31-2014 - TX)

State of Oklahoma v. Amerey Nopah Singer

The State of Oklahoma charged Amerey Nopah Singer, age 22, with:

Count # 1.
Count as Filed: HM2, MANSLAUGHTER - 1ST DEGREE - AUTOMOBILE , in violation of 21 O.S. 711
Date Of Offense: 09/07/2013

Party Name: Disposition Information:

SINGER, AMEREY NOPAH
Disposed: CONVICTION, 07/30/2014. Guilty Plea.
Count as Disposed:MANSLAUGHTER - 1ST DEGREE - AUTOM... More...
   $0 (07-30-2014 - OK)

United States of America v. Jason Yazzie

ALBUQUERQUE – Jason Yazzie, 31, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., was sentenced today to 270 months (22.5 years) in federal prison for his voluntary manslaughter and assault conviction. Yazzie will be on supervised release for three years after completing his prison sentence.

Yazzie was arrested on Aug. 6, 2013, based on a criminal complaint allegi... More...
   $0 (07-28-2014 - NM)

The People v. Jeffrey Allen Whitmer

Defendant, the manager of a motorcycle dealership, arranged for the fraudulent sales of vehicles to fictitious buyers. A jury convicted him of 20 counts of grand theft for 20 separate fraudulent sales. We must decide whether defendant was properly convicted of a separate theft for each vehicle fraudulently sold, or whether he could be convicted of only one count of grand theft because all of the s... More...   $0 (07-24-2014 - CA)

Diego Puertas Oliva v. State of Florida

Diego Puertas Oliva appeals the summary denial of his rule 3.850 postconviction motion. See Fla. R. Crim. P. 3.850. While we affirm the denial of ground two without comment, the record does not conclusively refute ground one, that counsel was ineffective in failing to advise him of his potential sentencing exposure.
Oliva was initially charged with DUI Manslaughter/Unlawful Blood Alcohol Level... More...
   $0 (07-23-2014 - FL)

United States of America v. Jorden Medina

ALBUQUERQUE, NM – Jorden Medina, 54, a non-Native man who resides in El Prado, N.M., pleaded guilty this morning to a federal involuntary manslaughter charge.

Medina was arrested on Dec. 2, 2013, on a criminal complaint charging him with killing a 28-year-old Taos Pueblo man on Nov. 30, 2013. Medina subsequently was indicted on Dec. 17, 2013, and charged with second degree murder.
... More...
   $0 (07-23-2014 - NM)

United States of America v. Allen Harragarra

ALBUQUERQUE – Allen Harragarra, 34, a member of the Navajo Nation who resides in Yah-Ta-Hay, N.M., pleaded guilty this morning to a felony information charging him with voluntary manslaughter.

Harragarra was arrested in Dec. 2013, on a complaint alleging that he killed a Navajo man on Dec. 2, 2013, on the grounds of a school in Tohatchi, N.M., which is located within the Navajo Indian R... More...
   $0 (07-22-2014 - NM)

State of Texas v. Harold Lewis, III

Houston, TX - The State of Texas charged Harold Lewis, III, age 23, with capital murder for the shooting death of Bellaire police officer Jimmie Norman and the shooting of innocent bystander Terry Taylor during a traffic stop on Christmas Eve 2012. Lewis' led police on a high speed chase before being stopped. Lewis had an outstanding warrant for marijuana possession and his .380 caliber was stole... More...   $0 (07-18-2014 - TX)

United States of America v. Joe Arviso Benally

PHOENIX, AZ – Joe Arviso Benally, 51, of Red Valley, Ariz., was found guilty of involuntary manslaughter and use (discharge) of a firearm in a crime of violence by a federal jury following a trial before U.S. District Judge G. Murray Snow. The defendant was remanded into custody after trial pending sentencing before Judge Snow on Sept. 29, 2014.

The evidence at trial showed ... More...
   $0 (07-11-2014 - AZ)

The People v. Eric Dayshawn Speight

Eric Dayshawn Speight appeals from a judgment after a jury convicted him of two counts of premeditated, willful, and deliberate attempted murder and found true various enhancements. Speight argues the following: (1) the prosecutor committed prejudicial misconduct when she misstated the law concerning homicide and the error was compounded by the trial court’s statements and omission of an instruc... More...   $0 (07-11-2014 - CA)

The People v. Darlene A. Vargas

We consider in this case whether two prior convictions arising out of a single act against a single victim can constitute two strikes under the Three Strikes law. We conclude they cannot.
INTRODUCTION
The consequences in this state of repeated criminal conduct changed dramatically in 1994. First the Legislature,1 and then the electorate,2 introduced into this state‘s jurisprudence what i... More...
   $0 (07-10-2014 - CA)

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