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Manslaughter Law
 
The People v. Fred Edward Archuleta

A jury found defendant Fred Edward Archuleta guilty as charged of possessing a controlled substance, methamphetamine, and active gang participation. (Health & Saf. Code, § 11377, subd. (a); Pen. Code, § 186.22, subd. (a).)1 Defendant was arrested on December 5, 2008, after law enforcement officers found him in his garage in possession of methamphetamine and in the company of a gang member who ad... More...   $0 (04-11-2014 - CA)

William Skinner v. The State of Florida v

We deny the motion for rehearing but withdraw the original opinion and substitute this opinion in its place for purposes of clarification. We deny the motion for certification of conflict.

William Skinner seeks habeas corpus relief on various grounds, one of which warrants reversal. We grant the petition and remand the cause for a new trial on the attempted manslaughter counts only because ... More...
   $0 (04-09-2014 - FL)

United States of America v. Debra Charging Cloud

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, woman convicted of Involuntary Manslaughter was sentenced on March 31, 2014, by U.S. District Judge Roberto A. Lange.

Debra Charging Cloud, age 28, was sentenced to 30 months in custody, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

C... More...
   $0 (04-04-2014 - SD)

State of South Carolina v. Stephanie Irene Greene

Spartanburg, SC - The State of South Carolina charged Stephanie Irene Greene, age 39, with homicide by child abuse, involuntary manslaughter and unlawful conduct toward a child as a result of her 6-week-old daughter dying from ingesting morphine from breast milk. Alexis Greene died, according to testimony, from a morphine overdose in November, 2010.

Greene was taking several drugs, inclu... More...
   $0 (04-04-2014 - SC)

Jeff Joseph v. Missy Renee Dale

COMES NOW, the Plaintiff, and for his cause of action, states:

1. Jeff Joseph is an individual residing in Garfield County, Oklahoma and is the only heir of his father, Thomas Joseph.

2. Thomas Joseph was an individual residing in Garfield County, Oklahoma, who was killed on December 16, 2013, in his home in Enid, Garfield County, Oklahoma, as a result of “penetrating gunshot wound... More...
   $0 (04-03-2014 - OK)

United States of America v. Fanderick Chiquito

ALBUQUERQUE, NM – Fanderick Chiquito, 22, an enrolled member of the Navajo Nation who resides in Upper Fruitland, N.M., pleaded guilty today to an indictment charging him with involuntary manslaughter. Chiquito entered his guilty plea without the benefit of a plea agreement.

Chiquito was arrested on Dec. 31, 2013, based on a criminal complaint alleging that he killed a Navajo woman on De... More...
   $0 (04-01-2014 - NM)

The People v. Giai Van Ngo

Defendant Giai Van Ngo was first tried by jury in 2011 for the conduct at issue in this appeal. The jury hung on all counts, and defendant was tried again in 2012. The second jury found defendant guilty on four counts: Count One—sexual penetration with a child aged 10 or younger; Counts Two and Four—lewd or lascivious acts on a child by force; and Count Three—simple battery. (Pen. Code, §§... More...   $0 (03-28-2014 - CA)

The People v. Giai Van Ngo

Defendant Giai Van Ngo was first tried by jury in 2011 for the conduct at issue in this appeal. The jury hung on all counts, and defendant was tried again in 2012. The second jury found defendant guilty on four counts: Count One—sexual penetration with a child aged 10 or younger; Counts Two and Four—lewd or lascivious acts on a child by force; and Count Three—simple battery. (Pen. Code, §§... More...   $0 (03-28-2014 - CA)

State of Oklahoma v. Jessica Ann Brunelle

The State of Oklahoma charged Jessica Ann Brunelle with first-degree manslaughter as a result of the death of Phyllis Faye Jackson, age 69, who was killed in a car wreck on September 2012 when a truck driven by Brunelle ran into a vehicle driven by Jackson in the fog at Washington County Roads 2400 and 4010. Evidence collected room Brunelle's vehicle indicated that Brunelle's vehicle was travelin... More...   $0 (03-28-2014 - OK)

Estate of Hailey Gonzalez v. City of New York

The Estate of Hailey Gonzalez sued the City of New York and others on wrongful death negligence theories claiming that 21-month-old Hailey was beaten to death by her Mother's boyfriend in 2007. Plaintiff claimed that caseworkers failed to protect the child from Edwin Garcia.

The evidence revealed that the child's mother hid the fact that Garcia was living with her and that caseworkers fai... More...
   $0 (03-22-2014 - NY)

United States of America v. Brandy Lee Salway

The United States Attorney's Office announced that during a federal court session in Great Falls, Montana, on March 18, 2014, before U.S. District Judge Brian M. Morris, BRANDY LEE SALWAY, 23, of Browning, was sentenced to a term of 36 months imprisonment, three years supervised release, and a special assessment of $100.

Salway was sentenced because she killed a man, after she ran him over... More...
   $0 (03-21-2014 - MT)

State of Oklahoma v. Kristen Lynn Smith

State of Oklahoma v. Kristen Lynn Smith

Count # 1.
Count as Filed: HM2, MANSLAUGHTER - 1ST DEGREE - AUTOMOBILE , in violation of 21 O.S. 711
Date Of Offense: 06/03/2012

Party Name: Disposition Information:

SMITH, KRISTEN LYNN
Disposed: CONVICTION, 03/19/2014. Nolo Contendere Plea.
Count as Disposed:MANSLAUGHTER - 1ST DEGREE - AUTOMOBILE (HM2)
V... More...
   $0 (03-19-2014 - OK)

Luis Montes-Valeton v. The State of Florida

Luis Montes-Valeton (“the defendant”) appeals his conviction and sentence for driving under the influence causing serious bodily injury. Specifically, the defendant challenges (1) the admission of the results of a blood alcohol test performed on blood samples obtained from him at the scene of a single-vehicle accident that resulted in the death of a passenger in the vehicle being driven by the... More...   $0 (03-12-2014 - FL)

Santiago Ibarra Rivera v. County of Los Angeles

We must deal with a case of mistaken identity arising out of the arrest and detention of a person named on a warrant not intended to describe him.

I

A

In July 1985, a Los Angeles Superior Court issued an arrest warrant for “Santiago Rivera.” On June 18, 1989, officers of the Montclair Police Department arrested Santiago

RIVERA V. COUNTY OF LOS ANGELES 5

River... More...
   $0 (03-12-2014 - CA)

The People v. Francisco Solis

The People charged Francisco Solis with attempted premeditated murder (Pen. Code, § 664/187, subd. (a))1 as well as other crimes and special allegations we set forth below. The charges were tried to a jury. On the attempted premeditated murder count, the trial court instructed on four uncharged lesser offenses. Each lesser offense was identified as lesser to the attempted premeditated murder char... More...   $0 (03-07-2014 - CA)

The People v. Michael Rafael Canizales

A jury convicted defendants, Michael Canizales and KeAndre Windfield of first degree murder (Pen. Code, § 187, subd. (a)),1 during which a principal discharged a firearm proximately causing death (§ 12022.53, subds. (d) & (e)(1)), and two counts of attempted willful, premeditated and deliberate murder (§§ 664/187), during which a principal discharged a firearm (§ 12022.53, subds. (c) & (e)(1)... More...   $0 (03-05-2014 - CA)

The People v. Tyris Lamar Franklin

Defendant Tyris Lamar Franklin appeals a judgment convicting him of one count of first degree murder and sentencing him to a mandatory term of 50 years to life in prison. He contends the court made numerous instructional and evidentiary errors and that because he was 16 years of age at the time of the crime his sentence violates the Eighth Amendment prohibition against cruel and unusual punishment... More...   $0 (02-28-2014 - CA)

Brian J. Noel v. The State of Wyoming

[¶1] Pursuant to a plea agreement, Brian J. Noel pleaded guilty to two counts of attempted voluntary manslaughter. His pleas were accepted, and Noel was sentenced to two consecutive terms of incarceration of seventeen to twenty years. Noel now challenges on several grounds the plea agreement and the validity of his guilty pleas, as well as the sentences imposed. Finding no error, we affirm.
More...
   $0 (02-25-2014 - WY)

State of New Jersey v. Joseph Diorio

In 1999, Joseph Diorio and two others conceived and executed a “bust-out” financial scheme by creating a business for the purpose of defrauding creditors. In a bust-out scheme, a company is formed and establishes a credit line presenting itself to the business community as a reputable company. Initially, it places small orders with suppliers. As it establishes a favorable payment history, the ... More...   $0 (02-18-2014 - NJ)

The People v. Juan Carlos Rodarte

Juan Carlos Rodarte appeals his conviction of one count of attempted murder (Pen. Code, §§ 664, 187, subd. (a)),1 with a true finding that he inflicted great bodily injury on his victim (§ 12022.7, subd. (b)), one count of shooting from a motor vehicle (former § 12034, subd. (c), now § 26100, subd. (c)),2 with true findings on both counts that defendant personally discharged a firearm causing... More...   $0 (02-13-2014 - CA)

Edward Preciado a/k/a Edward A. Preciado-Nuno v. The State of Nevada

We take this opportunity to stress that bench and in-chambers conferences should be memorialized either contemporaneously or by allowing counsel to make a record afterward; and that a prospective juror who is anything less than unequivocal about his or her impartiality should be excused for cause.

Appellant Edward Preciado engaged in a physical altercation with Kim Long. During the altercat... More...
   $0 (02-13-2014 - NV)

State of Oklahoma v. Toby Joshua Farris

The State of Oklahoma charged Toby Joshua Farris, age 23, with first-degree manslaughter in conjunction with an accident that occurred on September 9, 2012 in which the utility truck driven by Farris collided with a minivan driven by Robert Kenneth Bade, age 68. Mr. Bade died from the injuries that he sustained in the accident. The State alleged that Farris was talking on his cell phone at the t... More...   $0 (02-13-2014 - OK)

The People v. Travion Jones

Travion Jones appeals from his judgment of conviction of first degree murder with personal firearm use and street gang allegations. We find no error and affirm.

In the published part of this opinion we conclude the trial court properly instructed the jury on the provocation doctrine as a basis for second degree murder. The balance of our discussion concerns claims of error based on a witnes... More...
   $0 (02-06-2014 - CA)

State of Texas v. Josh Brent

The State of Texas charged former Dallas Cowboy defensive tackle Josh Brent with intoxication manslaughter as a result of a car wreck in December 2012 that resulted in the death of Jerry Brown. The State of Texas alleged that Brent has a blood alcohol level of 0.18 when tested after the accident and that he was driving 110 mph.

Defendant claimed that the blood alcohol test used to test hi... More...
   $0 (01-24-2014 - TX)

Iman Sharif v. C.O. Nathan Picone

Plaintiff, Iman Sharif, appeals from a jury verdict in favor of Defendants - several Northampton County Prison officers - on Sharif’s 42 U.S.C. § 1983 excessive force claim. On appeal, Sharif argues that the District Court erred in admitting evidence of Sharif’s prior plea of nolo contendere and resulting conviction for assault in connection with the incident that is at the heart of his § 19... More...   $0 (01-23-2014 - PA)

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