Deliberate Indifference Law |
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STATE OF MONTANA v. LUKE SORAICH
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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 Luke Soraich a... More... $0 (05-02-2017 - MT)
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STATE OF OHIO v. ERIC WILKIE
Sex Offender
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On November 18, 2015, Wilkie was indicted in trial court case number
2015-CR-0133 for two counts of Pandering Obscenity Involving a Minor in
violation of R.C. 2907.321(A)(2), both felonies of the second degree (Counts 1 and
3), and three counts of Pandering Obscenity Involving a Minor in violation of R.C.
2907.321(A)(5), all felonies of the fourth degree (Counts 2, 4, 5). A s... More... $0 (04-30-2017 - OH)
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State of Missouri vs. Brian James Adkison
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On November 22, 2013, Adkison was charged by indictment with one count of
first-degree burglary, § 569.160, one count of forcible rape, § 566.030, and one count of deviate
sexual assault, § 566.070.1 These charges were the result of Adkison’s unwelcome sexual
contact with L.C.,2 his ex-girlfriend, in the early hours of May 4, 2013.
Adkison’s case first went to trial on Januar... More... $0 (04-28-2017 - MO)
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STATE OF MISSOURI vs. JACOLE N. PRINCE
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In October 2005, Prince’s then four-year-old daughter L.P. (“Victim”) was admitted to
Children’s Mercy Hospital in Kansas City. She was unresponsive from an unknown cause and was
unable to breath effectively on her own. Victim was placed in the intensive care unit and underwent
2
surgery, after which she was temporarily placed on a respirator. Measurements of her weight a... More... $0 (04-28-2017 - MO)
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Rodney Creighton v. State of Missouri
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Following a jury trial, the circuit court convicted Movant of three counts of
robbery in the first degree, three counts of armed criminal action, and one count of
resisting arrest. The circuit court sentenced Movant to concurrent terms of twenty-five
years for each of the three robbery convictions, ten years for each of the three armed
criminal action convictions, and seven ye... More... $0 (04-28-2017 - MO)
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Christopher Ernest Braughton v. The State of Texas
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Emmanuel Dominguez, the complainant, was a United States Marine,
preparing to leave the Marine Corps and using up his vacation time until his
discharge. In early May 2013, Dominguez moved to Spring, Texas and rented a
house with his girlfriend, Jessica Cavender, who was also a United States Marine
and had recently been assigned as a recruiter in Conroe, Texas. Their house was o... More... $0 (04-25-2017 - TX)
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State of Nebraska v. Akeem R. Jones
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On March 11, 2009, Gary Holmes was shot and killed inside
BJ’s, a convenience store near 42d Street and Ames Avenue in
Omaha, Nebraska. The shooter was wearing a black, hooded
sweatshirt and a ski mask. The shooter did not enter BJ’s, but
instead opened the front door to the store and fired 15 shots.
Nine or ten of them hit Holmes, and several hit and severely
injured anoth... More... $0 (04-24-2017 - NE)
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The People of the State of Colorado v. Heather Beauvais
The Supreme Court of the State of Colorado 3
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The People charged Heather Beauvais with extortion and three counts of stalking in
connection with her repeated attempts to contact a man whom she met on the internet. The
matter proceeded to a jury trial. To begin jury selection, the court seated twenty-five
potential jurors in the jury box and placed the remainder of the venire in the back of the
courtroom in the order that... More... $0 (04-24-2017 - CO)
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The People of the State of Colorado v. Dherl Jefferson
Sex Offender
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In May 2007, the victim, then-three-year-old J.B., moved to Denver with her
mother and older brother. Dherl Jefferson befriended the children’s mother that
summer, after which J.B. and her brother occasionally spent time at Jefferson’s
apartment playing video games and watching movies. The children called Jefferson
“Uncle Dherl,” and he helped the family financially from time... More... $0 (04-24-2017 - CO)
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Regent Care Center at Medical Center v. William Hollis
Webb County Texas Courthouse
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Regent Care Center at Medical Center appeals the trial court’s dismissal of its suit against William Hollis for want of prosecution and the trial court’s denial of its motion to reinstate. Regent Care argues the trial court abused its discretion because Regent Care diligently prosecuted its suit. We affirm the trial court’s judgment.
BACKGROUND
On October 1, 2012, Regent Care filed an orig... More... $0 (04-24-2017 - )
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Nautilus, Inc. v. Chao Chen Yang
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INTRODUCTION
Nautilus, Inc. (Nautilus), obtained a judgment against Stanley Kuo Hua
Yang, and recorded an abstract of judgment against real property on which Stanley and
his brother, Peter Chun Hua Yang, held title.1
Stanley and Peter transferred title on the
property to their father, Chao Chen Yang, who obtained a reverse mortgage loan on the
property from Security One Le... More... $0 (04-22-2017 - )
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WILLIE NOBLE V. STATE OF ARKANSAS
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A Pulaski County jury convicted the appellant, Willie Noble, of first-degree murder
and six counts of terroristic acts. It also found him guilty of using a firearm during the
commission of a felony on each count. He was sentenced to 240 months for first-degree
murder with an additional 120 months’ enhancement for use of a firearm to be served
consecutively. In addition, he w... More... $0 (04-20-2017 - AR)
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United States of America v. Luis Aguinaga
Federal Courthouse - Los Angeles
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Los Angles, CA - ormer Mayor of South El Monte Sentenced to over a Year in Prison Plus Home Detention for Taking Cash Bribes from Contractor
The former Mayor of South El Monte was sentenced to one year and one day in federal prison for taking bribes from a contractor doing business with the city – in one instance accepting a bribe during an FBI undercover operation.
Luis Aguinaga... More... $0 (04-20-2017 - LA)
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STATE OF LOUISIANA V. JOSHUA X. GRIFFIN
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Around 9:00 p.m. on April 13, 2011, Andre Porter (Porter), Dontrez Banks (Banks), and Defendant met at Paul’s Truck Stop in Leesville, Louisiana. Sometime around then, the three men discussed going to Perry’s residence north of Rosepine initially for the purpose of stealing some marijuana. All three men then proceeded down Highway 171 (Hwy 171) towards Perry’s residence in Porter’s vehicle. At som... More... $0 (04-20-2017 - LA)
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United States of America v. Princess Cruise Lines Ltd.
Princes Cruises
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Miami, FL - Cruise Line Ordered To Pay $40 Million For Illegal Dumping Of Oil Contaminated Waste And Falsifying Records
Princess Cruise Lines Ltd. (Princess) was sentenced to pay a $40 million penalty – the largest-ever for crimes involving deliberate vessel pollution – related to illegal dumping overboard of oil contaminated waste and falsification of official logs in order to conceal th... More... $40000000 (04-19-2017 - FL)
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STATE OF NEW JERSEY v. MIASHARI FOX
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Defendant was in her apartment on March 27, 2008 with at
least two other people when her aunt, K.F., and defendant's
stepfather, A.W., came over. Defendant was upset with them because
she suspected they were involved in some manner when the Division
of Child Protection and Permanency previously removed defendant's
three children from her custody.
Defendant and K.F.... More... $0 (04-15-2017 - NJ)
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Michael J. Sumrall v. Modern Alloys, Inc.
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I
INTRODUCTION
“In general, an employee is not acting within the scope of employment
while travelling to and from the workplace. But if the employee, while commuting, is on
an errand for the employer, then the employee’s conduct is within the scope of his or her
employment from the time the employee starts on the errand . . . .” (CACI No. 3724 [The
Going-and-Coming Rule—Bus... More... $0 (04-15-2017 - )
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Manuel Walters vs. The State of Florida
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On March 17, 2010, this Court affirmed Manuel Walters’ (“the defendant”)
conviction for second degree murder. Walters v. State, 30 So. 3d 656 (Fla. 3d
DCA 2010). Subsequent to this Court’s mandate, the Florida Supreme Court
issued its opinion in State v. Montgomery, 39 So. 3d 252 (Fla. 2010), wherein the
Florida Supreme Court held that it constitutes fundamental error when a ... More... $0 (04-14-2017 - FL)
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Jermaine Davis v. State of Indiana
Mistrial declared in Jermaine Davis trial due to hung jury
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On August 21, 2013, Willie Bailey was at a gas station in Gary when Davis
approached him. Davis was the ex-boyfriend of Bailey’s sister, Erica. Davis
told Bailey that his sister was a “wh***” and threatened to hurt Bailey. Tr. Vol.
I p. 65. Outside the gas station, Davis again approached Bailey, called his sister
names, and threatened to hurt Bailey. Bailey thought Davis w... More... $0 (04-13-2017 - IN)
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UNITED STATES OF AMERICA v. ENRICO PONZO, a/k/a Henry Ponzo, a/k/a Michael P. Petrillo, a/k/a Rico, a/k/a Joey, a/k/a Jeffrey John Shaw, a/k/a Jay Shaw
Idaho Rancher Revealed as Gangster From Boston
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This case centers on Ponzo's affiliation with LCN, a
crime network with a "boss," "soldiers," and "associates" -- an
affiliation that began in the late 1980s and ended in the mid
1990s, give or take. LCN operated its organized crime network through trafficking drugs, loansharking, extortion, and illegal gambling. Ponzo's LCN membership formed the basis for the
Racketeer Influ... More... $0 (04-09-2017 - MA)
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R.J. REYNOLDS TOBACCO COMPANY vs. PHIL J. MAROTTA, etc.
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This case follows a long line of cases decided in light of Engle v. Liggett
Group, Inc. (Engle III), 945 So. 2d 1246 (Fla. 2006). In Engle, a group of smokers
and their survivors filed a class action against major tobacco companies for
damages allegedly caused by smoking-related injuries. Id. at 1256.2 Among other
things, the class sought compensatory damages based on variou... More... $0 (04-08-2017 - FL)
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VICTOR GUZMAN vs. STATE OF FLORIDA
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On December 9, 2000, Severina Fernandez was found stabbed to death in
her Miami apartment. The case went cold until 2004, when DNA from blood left
at the crime scene was determined to match Victor Guzman’s DNA. As a result,
Guzman was indicted for first-degree murder, stood trial, and was convicted. The
jury recommended a sentence of death by a vote of seven to five, and the... More... $0 (04-07-2017 - FL)
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TERENCE TOBIAS OLIVER vs. STATE OF FLORIDA
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Oliver and Pinson had been dating since approximately December 2006.
Although Oliver described his relationship with Pinson as a “side” relationship, the
two lived together off and on during the span of their relationship. Sometime
between late May and July 22, 2009, Oliver called Leander Watkins, his mechanic
and a mutual friend of the couple, trying to get in touch with Pin... More... $0 (04-07-2017 - FL)
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STATE OF IOWA vs. CHRISTOPHER JEPSEN
Iowa Court of Appeals
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On August 24, 2011, a jury convicted twenty-five-year-old Jepsen on two counts of third-degree sexual abuse, class “C” felonies. On count I, the jury found Jepsen performed a sex act in 2010 with E.G., who was fourteen or fifteen
years old at the time. See Iowa Code § 709.4(2)(c) (2009). On count II, the jury
decided Jepsen performed a sex act in 2010 with H.B., who was thirteen years... More... $0 (04-06-2017 - IA)
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STATE OF MISSOURI v. KRYSTAL M. SCROGGS
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In 2013, Scroggs and her husband Matthew Scroggs ("Matthew")2 were living in
Pleasant Hill, Missouri with their three children. During the summer, Matthew's mother,
Melinda Brown ("Brown") was caring for the children at her home a couple hours away
from Pleasant Hill. In early June of 2013, Brown took the three children to visit Pleasant
Hill. Brown noticed that Scroggs appe... More... $0 (04-05-2017 - MO)
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