On December 21, 2015, the Defendant pled guilty pursuant to a plea agreement to burglary and theft of property. Under the plea agreement, the value of the stolen property relating to the theft charge would be determined at a bench trial, the Defendant’s sentences would run concurrently, and the State would not seek a fine.
The State offered the following recitation of facts supporting the Def... More...   $0 (02-17-2017 - TN)

After water damaged a building it was renovating, Gerald H. Phipps, Inc.,
d/b/a GH Phipps Construction Company, (“GHP”) sought coverage under its
builders’ risk insurance policy. GHP’s insurer, Travelers Property Casualty Company
of America (“Travelers”), denied the claim, and GHP sued for breach of contract,
common law bad faith, and statutory bad faith. GHP also sought a declarat... More...   $0 (02-17-2017 - CO)

Clingerman, then twenty-two years of age, initiated an online relationship with
a fourteen-year-old girl (“Victim”). After online chats, the two agreed to meet
and engage in sexual intercourse. Between February 15, 2016 and March 31,
2016, Clingerman and Victim had sexual intercourse twice—once in Armstrong
Park in Lafayette, and once in Victim’s friend’s garage, also in Lafa... More...   $0 (02-16-2017 - IN)

Stone began the day of February 26, 1996, by purchasing beer and two firearms—a .410 bore shotgun and a competition-grade .22 caliber semi-automatic pistol. He spent the remainder of the day roaming through the woods, drinking the beer and shooting the guns. Later that afternoon, Stone wandered into the backyard of Ruth Griffith. In Stone's statement to the police, he said he and Griffith were "o... More...   $0 (02-13-2017 - FL)

On July 26, 2006, at approximately 4:00 p.m., Willie Davis, Jr., drove his
girlfriend, Cinee Tinsley, to the home where she lived with her mother and
siblings. As Davis turned onto Tinsley’s street, he noticed Dubose’s younger
brother walking in the street. Davis swerved in an attempt to hit Dubose’s younger
brother with the car, but was unsuccessful. Dubose’s younger brothe... More...   $0 (02-12-2017 - TN)

The facts most favorable to the convictions follow. In early September 2014,
McQueen lived with his lifelong friend Brandon Wicker while he worked on
Wicker’s house. In the days leading up to September 5, 2014, a neighbor heard
escalating arguments between McQueen and Wicker. McQueen also made
statements to a friend that he was going to kill Wicker or “kick his ass” because ... More...   $0 (02-11-2017 - IN)

Manufacturers have a duty to provide warnings to
consumers about the risks of their products pursuant to the Washington product
liability act (WPLA), chapter 7.72 RCW. In this case, a manufacturer sold a
surgical device to a hospital, which credentialed some of its physicians to
perform surgery with the device. The manufacturer's warnings regarding that
device are at the heart ... More...   $0 (02-09-2017 - WA)

A jury convicted Gleason of capital murder for the killings of Darren Wornkey and his girlfriend, Mikiala "Miki" Martinez, as well as premeditated first-degree murder for killing Wornkey, aggravated kidnapping, aggravated robbery, and criminal possession of a firearm. In a separate penalty phase, the same jury sentenced Gleason to death for the capital offense. See K.S.A. 21-3439(a)(6) (defining c... More...   $0 (02-04-2017 - KS)

Taylor Clark was known to sell marijuana occasionally. On the night of July 11,
2009, Taylor went to the home of his dealer’s girlfriend, Karen Hickinbottom, to return the
dealer’s cell phone. While Taylor was there, a man showed up and asked to talk to Taylor.
Taylor went outside with him. When Taylor came back inside, he said the man had wanted
to buy drugs. The man came to ... More...   $0 (02-04-2017 - FL)

We discussed the facts of this case in our opinion on direct appeal. See
Durousseau v. State, 55 So. 3d 543, 548-50 (Fla. 2010). Paul Durousseau was
sentenced to death for the murder of Tyresa Mack. In 1999, Mack’s sister and
stepfather found Mack’s body in her apartment. She was naked from the waist
down, and a white cord was wrapped around her neck. Durousseau’s DNA was ... More...   $0 (02-03-2017 - FL)

On the evening of April 19, 2014, an Alabama State Trooper began a high-
speed pursuit of a gold-colored Toyota Camry on Alabama State Highway 167,
just south of the city of Enterprise, Alabama. The pursuit ended when the Camry
and the patrol car crashed into a ditch off a nearby county road after the patrol car
was shot at from the Camry during the chase. Once both cars were... More...   $0 (02-03-2017 - FL)

On April 26, 2006, a jury found Richard Knight guilty of two counts of first
degree murder for the deaths of Odessia Stephens and her four-year-old child,
Hanessia Mullings. The jury unanimously recommended a death sentence for each
murder. Knight v. State, 76 So. 3d 879, 884 (Fla. 2011).
A. Trial & Direct Appeal Proceedings
On direct appeal, we set forth the following r... More...   $0 (02-03-2017 - FL)

We previously set forth the relevant facts in Kaczmar v. State, 104 So. 3d
990, 995-98 (Fla. 2012). Kaczmar was convicted for first-degree murder,
attempted sexual battery, and arson. During Kaczmar’s first penalty phase, the
parties stipulated that Kaczmar had been previously convicted of a robbery. Id. at
997. The State presented a victim impact statement from Ruiz’s brot... More...   $0 (02-03-2017 - FL)

ORS 742.061 requires an insurer to pay its insured’s
attorney fees if, in the insured’s action against the insurer,
the insured obtains a “recovery” that exceeds the amount
of any tender made by the insurer within six months from
the date that the insured first filed proof of a loss. In this
case, we decide that, when an insured files an action against
an insurer to recover... More...   $0 (02-02-2017 - OR)

In November 2013, Michael Shoun was dating Tiana Alter, who was 17 years old at that time. Shoun was approximately 8-9 years older than Alter and had been dating her since she was 13. Alter lived with Shoun’s sister, Aeirel. Shoun was supposed to be residing in a work release facility as part of his sentence for a class C felony being a habitual traffic offender conviction; however, Shoun was a ... More...   $0 (02-01-2017 - IN)

On the evening of October 5, 2013, Appellant had three guests in the home he shared with his fiancé, Kastina Anderson: Leea Anderson, Kastina’s sister; Kayla Williams, Leea’s best friend; and Gabriele Tucker, Appellant’s cousin. All were drinking alcohol, and at least two of the young women had smoked marijuana. According to the witnesses, the atmosphere was cordial and relaxed. Appellant said,... More...   $0 (01-31-2017 - TX)

King was sentenced to death for the 2008 murder of Denise Amber Lee.
King v. State, 89 So. 3d 209, 212 (Fla. 2012). This Court detailed the facts of the
murder and subsequent trial in King’s initial appeal:
[O]n January 17, 2008, at approximately 3:30 p.m., Nathan Lee returned to his home on Latour Avenue in North Port, Florida, to find his wife, Denise Amber Lee, missing. The do... More...   $0 (01-27-2017 - FL)

On January 21, 1997, eighteen-year-old Anthony Strachan was at home in
his family’s apartment on 580 Northwest 64th Street in Miami, cutting a friend’s
hair. Strachan went into the kitchen and, through the kitchen window, saw one of
his neighbors, “Shorty,” standing outside on 64th Street with two unknown men.
One man, who wore a skull cap and a heavy brown coat that resemble... More...   $0 (01-27-2017 - FL)

Alan Walker pled guilty to fifteen counts of sexual exploitation of a minor.
The district court sentenced him to indeterminate two-year prison terms on each
count, to be served consecutively, for a total sentence not exceeding thirty years.
The Iowa Supreme Court summarily reversed the sentence and remanded for
resentencing.
On remand, the district court imposed the sa... More...   $0 (01-26-2017 - IA)

The record reflects Stafford Police Officer Ann Carrizales was patrolling at night on October 26, 2013, when she conducted a traffic stop. Appellant was driving the vehicle. When Carrizales approached the vehicle and asked appellant for identification she was shot twice by a passenger in the vehicle. Appellant sped away. As Carrizales followed appellant’s car, five more shots were fired at her. Ap... More...   $0 (01-24-2017 - TX)

K.W., the complainant, moved to Houston in 2013 when she was seventeen
years old and began engaging in prostitution in southwest Houston. A few weeks
after K.W. moved to Houston, she met appellant, and shortly after she met him, he
became her pimp. K.W. worked for appellant as a prostitute for a little over a month
before she decided to stop working for him. According to K.W... More...   $0 (01-22-2017 - TX)

The victim, Janet Patrick, was last seen alive on October 18, 2010, after
shopping for groceries at Publix near her home in Lake County, Florida. The
defendant, Donald Otis Williams, through both security video and eyewitness
testimony, was identified as accompanying her at Publix and getting into the
passenger seat of her vehicle, a white Chevrolet Impala. Multiple witnesses... More...   $0 (01-21-2017 - FL)

Nearly four decades ago, a Wharton County jury convicted appellant Jerry Hartfield
of the capital murder of Eunice Lowe and assessed his punishment at death. On
automatic review, the Texas Court of Criminal Appeals found error related to the exclusion
of a potential juror, vacated Hartfield’s conviction, and ordered a new trial in its entirety.
In its motion for rehearing to ... More...   $0 (01-19-2017 - TX)

In 2013, Appellant, Eden Consuelo Amaya, received seven years’ deferred adjudication
community supervision for two charges of aggravated robbery with a deadly weapon and one
charge of injury to a child. Two years later, the State filed a motion to revoke in each case
alleging that appellant had violated terms and conditions of his community supervision.
Appellant pleaded true t... More...   $0 (01-14-2017 - TX)

With no trial objection regarding the lack of a jury instruction on temporary insanity due
to intoxication, Michael Jesse Najera complains in two appeals that he was egregiously harmed by
the lack of such an instruction in his Gregg County trial for aggravated assault against a public
servant with a deadly weapon—this case—and aggravated assault—a companion case.1 Following
a ... More...   $0 (01-08-2017 - IN)