Deliberate Indifference Law
 
Robert Caron and Sujata Kimberly Caron v. Stephen A. Smaby and Shelley A. Greene

Appellants, Robert Caron and Sujata Kimberly Caron (collectively, the “Carons”), challenge the trial court’s judgment, entered after the trial court granted a series of summary judgments, in favor of appellees, Stephen A. Smaby and Shelley L. Greene (collectively, the “Smabys”), on the Carons’ claims for breach
2
of contract and specific performance and the Smabys’ counterclaims for breach... More...
   $0 (06-08-2017 - TX)

Parish Ramon Carter v. The People of the State of Colorado Parish Carter Linked To Javad Marshall-Fields, Vivian Wolfe Killing

Parish Carter was charged with two counts of first degree murder, bribing a
witness, conspiracy to commit first degree murder, intimidation of a witness, and
unlawful distribution of a controlled substance, all in connection with the drive-by
shooting deaths of Javad Marshall-Fields and his fiancée Vivian Wolfe, the week before
Marshall-Fields was to testify in a prosecution of... More...
   $0 (06-07-2017 - CO)

Janet Pecher v. Owens-Illinois, Inc., et al.

The six cases consolidated on
appeal all involve claims related to asbestos exposure over
2 Nos. 16‐1799, 16‐2376, 16‐2377, 16‐2378, 16‐2379, 16‐2380
thirty years ago at a single Marshfield, Wisconsin plant which
produced fire doors.1 While complex on the surface, and
involving bulky appendices and appeals of separate orders,
the thrust o... More...
   $0 (06-07-2017 - WI)

Sara Lowry v. City of San Diego Ninth Circuit Court of Appeals - San Francisco, California

When a burglar alarm in a commercial building was
triggered shortly before 11:00 p.m. on a Thursday night, San
Diego Police Department officers responded. Accompanied
by a police service dog, Bak, the officers inspected the
building and found a door to a darkened office suite propped
open. Unable to see inside the suite, one of the police officers
warned: “This is the San D... More...
   $0 (06-06-2017 - CA)

UNITED STATES OF AMERICA — v. — ROSS WILLIAM ULBRICHT, a/k/a DREAD PIRATE ROBERTS, a/k/a SILK ROAD, a/k/a SEALED DEFENDANT 1, a/k/a DPR Judges Question Ross Ulbricht’s Life Sentence in Silk Road Appeal

In February 2015, a jury convicted Ross William Ulbricht on seven counts
arising from his creation and operation of Silk Road under the username Dread
Pirate Roberts (“DPR”).1 Silk Road was a massive, anonymous criminal marketplace that operated using the Tor Network, which renders Internet traffic
through the Tor browser extremely difficult to trace.2 Silk Road users principally
b... More...
   $0 (06-06-2017 - NY)

UNITED STATES OF AMERICA - v. - DAVID DELVA, a/k/a Sealed Defendant 4

The present prosecution of Delva had its origin in the kidnapping and robbery of a2
woman and a man in the Bronx, New York, which began on Labor Day weekend in 2012. Those3
crimes were investigated by a joint task force of Federal Bureau of Investigation ("FBI") agents and4
New York City Police Department ("NYPD") detectives and officers (collectively or in combination,5
the "Offi... More...
   $0 (06-06-2017 - NY)

Jairus Collins a/k/a Jairus J. Collins a/k/a Jairus Jidon Collins a/k/a Jarius Collins a/k/a Jarius J. Collins v. State of Mississippi

On November 14, 2012, the grand jury indicted Jairus for murder (Count I) and
possession of a weapon by a convicted felon (Count II). The indictment alleged that between
December 7 and 9, 2011, Jairus (I) murdered Ebony Jenkins with deliberate design and (II)
possessed a .40 caliber handgun. Jairus was indicted as a habitual offender under Mississippi
Code Annotated section 99-19... More...
   $0 (06-06-2017 - MS)

Remill Mason v. State of Mississippi

In June 2008, Remill Mason killed Terrell Richmond by shooting him in the back of
the head. Mason was fifteen years old at the time, while Richmond was seventeen years old.
Telvin Campbell, then sixteen years old, was also present when Mason shot Richmond. The
three were in Richmond’s bedroom at his home in Marshall County. Richmond was seated
in front of his computer with his ... More...
   $0 (06-06-2017 - MS)

In the Interest of J.O. and I.O.

This is a parental rights termination case. Following a bench trial, the trial
court terminated the parent-child relationships between J.O. and I.O.1 and their
mother, and between J.O. and I.O. and their respective fathers.2 By clear and
convincing evidence, the trial court found that statutory grounds existed to terminate
1 We identify minors by their initials to protect their ide... More...
   $0 (06-06-2017 - TX)

State of Mississippi v. Kevin Scott a/k/a Kevin V. Scott a/k/a Kevin Vincent Scott a/k/a Kelvin Scott a/k/a Kelvin Vincent Scott

In November 1995, eighteen-year-old Scott killed Richard Lee while stealing his car.6
In 1998, he was tried before a Bolivar County jury, which found him guilty of capital murder.
After a separate hearing, the jury sentenced Scott to death.
¶5. Scott appealed. We affirmed Scott’s conviction and death sentence. Scott I, 878 So.
2d 933. In doing so, we rejected Scott’s argument... More...
   $0 (06-05-2017 - MS)

Philip C. Lang v. Rogue Valley Medical Center/Asante

Pursuant to ORCP 54 B(1), the trial court dismissed
plaintiff’s wrongful death action because it found that plaintiff’s
counsel willfully failed to comply with two court orders
and that, as a result, dismissal was an appropriate sanction.
The Court of Appeals affirmed the resulting judgment
without opinion. Lang v. Rogue Valley Medical Center, 276
Or App 610, 369 P3d 450 (2... More...
   $0 (06-05-2017 - OR)

MATTHEW ROMANS vs STATE OF FLORIDA

In this appeal, appellant claims the trial court erred in (1) excluding a character witness from appellant’s workplace, (2) not instructing the jury on justifiable use of deadly force, (3) denying a motion for downward departure, and (4) imposing drug offender probation. We affirm the first two issues. As to the third issue, which raised two grounds for departure, we reverse as to one ground and... More...   $0 (06-04-2017 - FL)

Li Guan v. Yongmei Hu

Defendant Yongmei Hu (Hu) appeals from a judgment
entered in favor of plaintiff Li Guan (Guan). Guan initially
sued Hu for breach of a contract. However, several months
before trial, the trial court dismissed the breach of contract
claim with prejudice. As a result, Guan proceeded to trial on
various fraud-based claims (e.g., rescission, cancellation, and
fraud in the induc... More...
   $0 (06-04-2017 - CA)

State of Tennessee v. Nathan Bernard Lalone Lalone gets life in prison sentence

On the night of November 16, 2011, Christian Sosa and his girlfriend, Meghan Bennett, were shot at the tennis courts in Apison, Tennessee, a suburb of Chattanooga. Mr. Sosa died as a result of multiple gunshot wounds. In July of 2012, Defendant was indicted for one count of first degree murder and one count of attempted first degree murder.
I. Motion to SuppressHearing
On May 5, 2014,... More...
   $0 (06-03-2017 - TN)

COMMONWEALTH vs. NASAHN DAVIS John Adams Courthouse, headquarters of the Massachusetts judicial branch.

Seven hundred and forty-two days after Nasahn
Davis was arraigned in the Boston Municipal Court on charges of
carrying a firearm without a license in violation of G. L.
c. 269, § 10(a), he filed a motion to dismiss under
2
Mass.R.Crim.P. 36(b), 378 Mass. 909 (1979). That rule provides
that a criminal defendant who is not brought to trial within
twelve months o... More...
   $0 (06-03-2017 - MA)

STATE OF OHIO vs. DAVERRICK J. LASH Lash gets life sentence for Club Fly High murder

On January 30, 2015, a shooter gunned down 30-year-old William Burton
(“victim”) near the entrance of a bathroom at Club Fly High, a bar in Cleveland’s east
side. The bar was plagued with a history of crimes. Appellant Daverrick Lash
(“appellant” hereafter) was identified by a witness several days later as the shooter.
Another witness saw the shooter spit just before opening... More...
   $0 (06-02-2017 - OH)

State of Washington v. John Joseph Munzanreder Washington Supreme Court - Olympia, Washington

John J. Munzanreder appeals his conviction for the first
degree murder of his wife. Because of the sensational nature of the alleged crime, local
media extensively covered his case from arrest through trial. His principal arguments on
appeal are the trial court abused its discretion when it denied his motion to change venue,
and the voir dire process used by the trial court failed ... More...
   $0 (06-01-2017 - WA)

STATE OF OHIO VS. LARRY DAWSON Deliberations continue in Youngstown toddler murder case

Appellant and Rhea Stewart had one child, RayVon; the child was born September 8, 2011. Tr. 259. Although Appellant and Steward were not together, Appellant spent time with the child. Tr. 266, 271. On Saturday, December 8, 2012 Stewart took the 15 month old toddler to stay with Appellant for a couple days; the toddler was scheduled to stay at Appellant’s house on 3031 Oregon Street, Youngstown... More...   $0 (06-01-2017 - )

Stephen Thene Sparks v. Tejinder Singh; Ted Laurnce

Stephen Thene Sparks, a Colorado inmate, appeals the district court’s grant of
summary judgment to physician assistants Tejinder Singh and Ted Laurence on his
claim that they violated his Eighth Amendment rights by failing to diagnose and treat
his diabetes. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm the district
court’s judgment.
- 2 -
I. BACKGROUND
A. D... More...
   $0 (05-31-2017 - CO)

M.C. v. Antelope Valley Union High School District

The Individuals with Disabilities Education Act (“IDEA”)
guarantees children with disabilities a free appropriate public
education (“FAPE”). 20 U.S.C. § 1400(d)(1)(A). We
consider the interplay between the IDEA’s procedural and
substantive safeguards.
BACKGROUND
M.C. suffers from Norrie Disease, a genetic disorder that
renders him blind. He also has a host of other defi... More...
   $0 (05-31-2017 - CA)

STATE OF LOUISIANA V. JUSTIN SEAWRIGHT Jury convicts man of carjacking, attempted robbery

As noted earlier, a jury found Defendant guilty of carjacking and two counts of armed robbery. He used the vehicle from the carjacking in one of the robberies, which he committed at a bank in Lafayette Parish.
2
ERRORS PATENT:
In accordance with La.Code Crim.P. art. 920, all appeals are reviewed by this court for errors patent on the face of the record. After reviewing the record, we f... More...
   $0 (05-28-2017 - LA)

David Rowe Ashby v. The State of Texas Court of Appeals For The First District of Texas

The State introduced testimony at trial from the arresting officer, Deputy T.
Gossett. At approximately 7:40 a.m., the Toll Road Dispatch received a call
reporting that a black SUV traveling northbound struck a wall while crossing the
toll bridge over the Ship Channel and continued driving. Deputy Gossett was
already at a nearby toll plaza. According to Deputy Gossett, dispa... More...
   $0 (05-27-2017 - TX)

STATE OF KANSAS v. MARY ANN GARRETT

On October 27, 2014, Garrett brought 2-1/2-year-old C.C. into an emergency room. C.C. was wearing only a diaper and his legs had been severely burned. Garrett told
the emergency room nurse that she was C.C.'s babysitter and that she had left him in the bathroom with another little girl so they could use the potty chairs while she went to get pull-ups from another room. She heard screaming and... More...
   $0 (05-27-2017 - KS)

STATE OF KANSAS v. STEVE KELLY MOYER

In 1993, Moyer met his future wife, Jessica. On February 18, 1995, they had their first child, J.M. After J.M. was born, the couple married and had four more children, H.M., K.M., S.M., and D.M.

Jessica encouraged Moyer to spend more time with the couple's children because she felt Moyer was not sufficiently involved in their lives. But Jessica was not pleased when Moyer began spending... More...
   $0 (05-26-2017 - KS)

Anita Arrington-Bey v. City of Beford Heights, Ohio, et al.

When Omar Arrington-Bey died in a Bedford Heights jail cell,
that was not an obvious consequence of his arrest for disturbing the peace at a Lowe’s store. The
question is whether bad luck, negligence by the relevant local law enforcement officials, or
deliberate indifference by them caused his death. In suing the officers involved in his arrest and
detention and the City, Omar’s mo... More...
   $0 (05-26-2017 - OH)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher