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Manslaughter Law
 
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 Vermont v. David G. Buckley

Defendant’s claims of error require a detailed review of the evidence presented at
trial. The incident giving rise to these charges transpired on May 17, 2014, on defendant’s
property in Bennington, Vermont. The property is located across the street from the police
station, and it is bisected by two public roads. Defendant lives on the property with his brother,
Peter Buckle... More...
   $0 (05-29-2016 - VT)

John Goodman v. Florida Department of Law Enforcement

Appellant John Goodman was involved in a vehicular collision that resulted in the death of another individual. Appellant’s blood was drawn after the accident for blood alcohol testing, pursuant to Florida’s implied consent statutes. See §§ 316.1932-34, Fla. Stat. (2010). Ultimately, Appellant was charged with DUI Manslaughter/Failed to Render Aid and Vehicular Homicide/Failed to Give Informatio... More...   $0 (05-28-2016 - FL)

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 Louisiana v. Joseph Butler

In the late afternoon hours of December 21, 2012, Shreveport police
were dispatched to the Shreveport home of Carolyn Butler. When police
entered the home, they found the lifeless body of Butler’s boyfriend, Larry
Patterson, in the bedroom of Butler’s 36-year-old son, Joseph. Patterson
had been shot twice, including a fatal shot to the head. Carolyn Butler had
witnessed Patt... More...
   $0 (05-25-2016 - LA)

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)

Commonwealth v. Valentin

The defendant was convicted by a Superior Court
jury of murder in the first degree in the shooting deaths of
Nettie Becht and Luis Diaz, on theories of premeditation and
extreme atrocity or cruelty. On appeal, the defendant asserts
error in the judge's decision to permit the introduction in
2
evidence of weapons and related items that he lawfully owned and
that... More...
   $0 (05-22-2016 - MA)

William Simons v. The State of Texas

On March 11, 2014, Quilter died of gunshot wounds inflicted by Simons, her long-time
boyfriend with whom she lived. Simons was charged with murder.
Sergeant Phillip Stewart, a Kaufman County Sheriff’s Office criminal investigator,
testified that he arrived at the Kemp, Texas, crime scene at approximately 10:05 p.m. Quilter
was deceased and laying on the front porch of the m... More...
   $0 (05-20-2016 - TX)

STATE OF NEBRASKA V. BOBBY J. MOSS

On March 17, 2005, the State filed an amended information charging Moss with two counts of second degree murder, and two counts of use of a deadly weapon to commit a felony, arising out of acts occurring on approximately December 4, 2003, against victim Michelle Harlan and her unborn child. A bench trial commenced on May 31, 2005. The evidence established that on December 6, 2003, officers with t... More...   $0 (05-19-2016 - NE)

Christopher T. Dean v. State of Florida

The central issue in this case is whether the trial court erred in failing to instruct the jury on manslaughter as a category one lesser included offense of second-degree felony murder. We hold that, at the time of trial, the law in this district supported the trial judge’s decision not to give the instruction. Appellant Christopher Dean was found guilty of burglary and seconddegree felony murde... More...   $0 (05-18-2016 - FL)

Jorge Luis Gonzalez v. The State of Texas

The indictment, filed May 2, 2014, charged Garcia with: (1) intoxication
manslaughter, a second-degree felony, see TEX. PENAL CODE ANN. § 49.08 (West,
Westlaw through 2015 R.S.); (2) failure to stop and render aid following an accident
resulting in death, a second-degree felony, see TEX. TRANSP. CODE ANN. § 550.021 (West,
Westlaw through 2015 R.S.); and (3) criminally negligen... More...
   $0 (05-17-2016 - TX)

Sean Michael McGuire v. The State of Texas

This is a fatality DWI case. The driver, Sean McGuire, refused consent when
a police officer asked him to submit his blood for analysis of its alcohol
concentration. Despite his lack of consent, and without a warrant, the police officer
obtained a blood sample at a local hospital. The blood draw occurred
approximately 90 minutes after the collision and revealed an alcohol conce... More...
   $0 (05-15-2016 - TX)

STATE OF NEW JERSEY VS. PETER M. SHANLEY

A jury convicted defendant Peter Shanley of the murder of
his wife, as well as two weapons offenses, and a judge sentenced
him to prison for life. Defendant appeals from the judgment of
conviction and makes these arguments: first, the trial judge
May 13, 2016
A-1468-13T1 2
erred by not dismissing the murder charge because of a
prosecutor's misstatements and prej... More...
   $0 (05-14-2016 - NJ)

Christopher Swartz v. State of Indiana

Our memorandum decision in Swartz’s direct appeal, which was handed down
on February 25, 2008, instructs us to the underlying facts and procedural
history leading to this post-conviction appeal.
Seventeen-year-old José Hernandez was walking toward his aunt’s house on the southeast side of Indianapolis at approximately 1:30 a.m. on June 24, 2006. Ken Julian and Tanya Bright were sit... More...
   $0 (05-13-2016 - IN)

State of Missouri vs. Markus Michael A. Patterson

Mr. Markus Michael A. Patterson appeals his conviction for the class D felony
of tampering with physical evidence, for which he was sentenced as a prior and
persistent offender to six years in the Department of Corrections. We affirm.
Viewing the evidence in the light most favorable to the conviction, Marshall,
Missouri, Police Officer Joey Valiquette1 stopped Mr. Patterson o... More...
   $0 (05-12-2016 - MO)

Jose Lozano v. The State of Texas

In early December 2012, appellant arranged via text messages to buy marijuana from
John Martinez. Martinez agreed to sell marijuana to appellant, and over the next few days, they
texted back and forth about when Martinez would have the marijuana. On the day of the offense,
Martinez picked up a friend after work to hang out for a while in Martinez’s apartment.
Martinez’s girl... More...
   $0 (05-11-2016 - TX)

United States of America v. Douglas Lawrence Bedell

Phoenix, AZ - Navajo Man Sentenced to 108 Months’ Imprisonment for Voluntary Manslaughter

Douglas Lawrence Bedell, Jr., 31, of Dilkon, Arizona, a member of the Navajo Nation, was sentenced by U.S. District Judge Diane J. Humetewa to 108 months’ imprisonment. Bedell had previously pleaded guilty to voluntary manslaughter.

On Jan. 4, 2015, Bedell killed the victim, Brian Lee,... More...
   $0 (05-10-2016 - AZ)

STATE OF NEW JERSEY v. LEE FUNDERBURG (a/k/a LEE E. FUNDERBURG

This appeal presents the question of whether, in the
context of a jury trial for first-degree attempted murder, a
trial court erred by failing to charge the jury sua sponte on
the lesser-included offense of attempted passion/provocation
manslaughter.
The facts in this appeal were established at trial.
Defendant Lee Funderburg and Terra Andrews had previously been More...
   $0 (05-08-2016 - NJ)

STATE OF CONNECTICUT v. PATRICK JAMES CANNON

.Thedefendantappealsfromthejudgment ofconviction,renderedafteratrialbeforeathreejudge court(panel),ofmurderinviolationofGeneralStatutes § 53a-54a (a) and tampering with evidence in violation of General Statutes § 53a-155 (a). On appeal, the defendant claims that the panel improperly concluded that hehadfailedtoprovehisaffirmativedefenseofextreme emotional disturbance by a fair preponderance of the... More...   $0 (05-07-2016 - CT)

State of Oklahoma v. Whitney Tatum Wheeler

Tulsa, OK - The State of Oklahoma charged Whitney Tatum Wheeler, age 41, with:

Count # 1. Count as Filed: HM2, MANSLAUGHTER - 1ST DEGREE - AUTOMOBILE, in violation of 21 O.S. 711
Date of Offense: 06/21/2015
Count # 2. Count as Filed: FE2, DRIVING UNDER THE INFLUENCE-GREAT BODILY INJURY, in violation of 47 O.S. 11-904 B
Date of Offense: 06/21/2015
Count # 3. Count as Fil... More...
   $0 (05-06-2016 - OK)

State of Oklahoma v. Fletcher Foster

Tulsa, OK - The State of Oklahoma charged Fletcher Foster, age 79, with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 12/07/2014
Party Name Disposition Information
FOSTER, FLETCHER Disposed: CONVICTION, 05/06/2016. Guilty Plea
Count as Disposed: MANSLAUGHTER 2ND DEGREE(HM3)
Violation of 21 O.S. 716-22
C... More...
   $0 (05-06-2016 - OK)

PAUL ESTES V. COMMONWEALTH OF KENTUCKY

Appellant and Megan Brooks began dating in January 2009. Megan and
her young daughter lived with Megan's mother, Debbie Brooks. Appellant
stayed there at times. According to Appellant, Megan had an appetite for crack
cocaine and methamphetamine and she introduced him to crack. At 3:53 a.m.
on July 20, 2009, Megan called 911 to report that Debbie was dead. Police
arriving a... More...
   $0 (05-06-2016 - KY)

STATE OF NORTH CAROLINA v. ALI MAHAMED SHEIKH and ABDULKADIR SHARIF ALI

Defendants Ali Mahamed Sheikh (“Sheikh”) and Abdulkadir Sharif Ali (“Ali”)
appeal from their convictions of assault with a deadly weapon inflicting serious
injury, attempted robbery with a dangerous weapon, first degree burglary, and
conspiracy to commit robbery with a dangerous weapon. On appeal, defendants
primarily argue that we should vacate their convictions for attempted... More...
   $0 (05-05-2016 - NC)

STATE OF NORTH CAROLINA v. WILLIAM SPENCER MCCOWAN

Defendant William McCowan appeals his conviction for second degree murder.
McCowan got into an argument with the victim in the parking lot of an apartment
complex, went to a nearby apartment, retrieved a large steak knife, and returned to
the argument. Then, after the victim shoved him, he stabbed the victim and killed
him. On appeal, McCowan asserts that the trial court comm... More...
   $0 (05-05-2016 - NC)

United States of America v. Joshua Michael Sizemore

Knoxville, TN - Fatal Car Crash In Great Smoky Mountains National Park Nets Driver 36 Months In Federal Prison For Involuntary Manslaughter

Joshua Michael Sizemore, 26, of Morristown, Tenn., was sentenced to serve 36 months in federal prison for involuntary manslaughter for killing Ashley Marie Trent. Upon his release from prison, he will be supervised by the U.S. Probation Office for th... More...
   $0 (05-04-2016 - TN)

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