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Deliberate Indifference Law
 
UNITED STATES OF AMERICA v. JUAN H. RAMOS

Ramos’s status as a career offender is dictated by his criminal record, which includes several prior felony convictions. First, in July 1998, Ramos “threw a brick at the nose of a 10-year-old child,” who then required medical treatment at a local hospital.1 As a result, Ramos pled guilty to aggravated assault in the Philadelphia County Common Pleas Court.2 Second, in October 1999, Ramos was app... More...   $0 (06-21-2018 - PA)

David Michael Blevins v. State of Tennessee David M Blevins - Registered Sex Offender

Following a jury trial, Petitioner was convicted of three counts of aggravated sexual battery as lesser-included offenses of the indicted charges of rape of a child. He was sentenced to serve thirty years in confinement. Petitioner appealed his convictions and sentence, and this court affirmed the judgments of the trial court. State v. David Michael Blevins, No. E2013-01976-CCA-R3-CD, 2014 WL 2... More...   $0 (06-21-2018 - TN)

Jake Newland v. County of Los Angeles

An employee driving home from work on a day that he
did not have any job duties outside of the office injured a
third party. After a jury trial, the trial court imposed
liability on the employer based on evidence that the
employee regularly used his personal vehicle for work on
other days. The employer contends there was no substantial
evidence to support finding that the e... More...
   $0 (06-21-2018 - CA)

STATE OF OHIO v. TORACE D. WEAVER

The Children Services Division of the Montgomery County Department of Job and Family Services placed S.T. and his brother T.W. with Weaver and his wife for foster care on September 24, 2015. 1 Tr. of Proceedings 404:21-406:13. S.T. was approximately two years old at the time, and his brother was approximately three. Id. at 395:21-396:8. ... More...   $0 (06-19-2018 - OH)

Patricia P. Campbell v. State of Hawaii Department of Education, et al. Federal Courthouse - Honolulu, Hawaii

We must decide whether a high school teacher who was verbally harassed by her students has identified sufficient evidence to support claims for violations of her federal civil rights against the public school system that employed her.
I
Patricia Campbell was employed by the Hawaii Department of Education (DOE) from 2000 until she resigned in July 2009. From 2004 through 2007, Campbell taug... More...
   $0 (06-19-2018 - HI)

STATE OF MISSOURI v. BRYAN M. PIERCE

Police officers were dispatched to Pierce's home after he called a suicide hotline
and said he was hearing voices, including his cat's, telling him to stab himself. When
officers arrived, Pierce told them the same. One officer asked Pierce if he wanted them
to check the residence to make sure nobody was inside to give Pierce "a little peace of
mind." Pierce agreed. Once ins... More...
   $0 (06-18-2018 - MO)

DANA MARIE DANIELS v. STATE OF ARKANSAS

In a challenge to the sufficiency of the evidence, we review the evidence in the light
most favorable to the State and consider only the evidence that supports the conviction.
Cluck v. State, 365 Ark. 166, 226 S.W.3d 780 (2006). Evidence is sufficient if it is of such
character and force that it, with reasonable certainty, compels a conclusion one way or the


2
... More...
   $0 (06-18-2018 - AR)

Marlo Detric Hollie v. The State of Texas

“The Sixth Amendment to the United States Constitution provides, in relevant part, that,
‘[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial.”‘ Nguyen v.
State, 506 S.W.3d 69, 77 (Tex. App.—Texarkana 2016, pet. ref’d) (quoting U.S. CONST. amend.
VI; Barker v. Wingo, 407 U.S. 514, 515 (1972)). “That right was made applicable to the states by <... More...
   $0 (06-15-2018 - TX)

Joe Earl Smith v. The State of Texas

In January 2017, the State indicted Smith for the offense of murder, alleging that he shot
and killed his uncle, Jack Smith.1 Two days after the incident occurred, and following a multi
state search for Smith, he admitted that he had shot Jack multiple times with a shotgun.2 At trial,
various witnesses testified to the events leading up to the shooting, and for the most part, the <... More...
   $0 (06-15-2018 - TX)

United States of America v. Wenxia Man United States District Court for the Southern District of Florida - Miami, Florida

Wenxia Man appeals her conviction and sentence for conspiracy to export defense articles without a license or written approval in violation of the Arms Control Export Act, 22 U.S.C. § 2778; see also 22 C.F.R. §§ 121.1, 123.1, 127.1.
Case: 16-15635 Date Filed: 06/06/2018 Page: 1 of 44
2
Her appeal requires us to decide whether sufficient evidence supports her conviction, including the d... More...
   $0 (06-11-2018 - FL)

Antonio Devon Williams vs State of Florida

The testimony and evidence presented by the State revealed that Appellant and Javier Chandler had been childhood friends and, on the day of the offense, were still neighbors. Chandler, who was twenty-six years old at the time of the trial, testified that Appellant, a few years’ Chandler’s junior, had been like a little brother to him growing up. As they grew older they grew apart, yet remained on ... More...   $0 (06-10-2018 - FL)

James Alfred Jacobsen vs State of Florida

James Alfred Jacobson appeals his conviction for seconddegree murder, arguing that the trial court should have granted his motion for judgment of acquittal. Jacobson contends that the State failed to prove that he acted with ill will, hatred, spite, or evil intent and that the shooting of the victim was an accident. We affirm.
The murder victim, Bryan Edwards, lived across the street fro... More...
   $0 (06-10-2018 - FL)

State of Tennessee v. Brian C. Frelix

This case arises from an October 12, 2013, home invasion in Williamson County, Tennessee. The Defendant and a co-defendant entered a residence where the victims, a husband, wife, and two minor sons were present. The Defendant held the victims at gunpoint while the co-defendant searched the housefor valuables. AWilliamson County grand jury returned a fourteen-count indictment against the Defenda... More...   $0 (06-10-2018 - TN)

THE STATE OF OHIO v. JACKSON

On August 5, 2015, C.H., who at the time was 14 years of age, went to the home of N.J. and joined her sister, S.H., and her sister’s friend, Demetrius Jackson, who also were there. C.H. went to sleep in an upstairs bedroom, and when Jackson woke her up and tried to lay down with her, she pushed him out of the bed and he left the room. However, he later returned and offered C.H. $200 a week if sh... More...   $0 (06-09-2018 - OH)

Jone Doe v. Trustees of Boston College, Paul J. Chebator, Carole Hughes, Catherine-Mary Rivera, Patrick J. Keating and Barbara Jones District of Massachusetts Federal Courthouse - Boston, Massachusetts

In October 2012, John Doe
("Doe") was accused of sexually assaulting a fellow Boston College
student during an off-campus school event sponsored by a student
organization. Pursuant to its written policies and procedures on
sexual assault, outlined in its 2012-2013 Student Guide (the
"Student Guide"), and Conduct Board Procedure, Boston College held
disciplinary proceedings ... More...
   $0 (06-08-2018 - MA)

STATE OF IOWA vs. DAN JOSEPH KUDRON, Iowa Court of Appeals

Dan Kudron entered an Alford plea1 to conspiracy to deliver a controlled
substance and failure to possess a tax stamp. See Iowa Code §§ 124.401(1)(c)(6),
453B.3, 453B.12 (2016). The district court adjudged Kudron guilty and imposed
sentence. The sentence included a D.A.R.E. surcharge for “each applicable
offense.”
I. Kudron contends the court was not authorized to im... More...
   $0 (06-08-2018 - IA)

Internal Revenue Service v. William Charles Murphy District of Maine Federal Courthouse - Portland, Maine

In this case, we need to determine
whether an employee of the Internal Revenue Service ("IRS")
"willfully violate[d]" an order from the bankruptcy court
discharging the debts of debtor-taxpayer William C. Murphy, as
that term is used in 26 U.S.C. § 7433(e). After careful
consideration, we hold that an employee of the IRS "willfully
violates" a discharge order when the emplo... More...
   $0 (06-07-2018 - ME)

STATE OF LOUISIANA V. JOHN DRUMMER, JR.

On September 10, 2015, John Drummer, Jr. (Defendant), who was home
alone with his girlfriend’s children, severely beat two-year-old Marcus Deal, Jr.
(Marcus, Jr.)1. Shortly thereafter the child became unresponsive. Defendant took
the victim to the hospital where he died as a result of massive internal injuries
received during the beating. Dr. Christopher Tape, M.D. (Dr. Tape... More...
   $0 (06-07-2018 - LA)

Kiewit Power Constructors Co. v. City of Los Angeles Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

Los Angeles, CA - Kiewit Power Constructors Co. sued the City of Los Angeles on a breach of construction contract theory.

The City counterclaimed.

The Plaintiff was hired by the Los Angeles Department of Water and Power to modernize a Playa del Rey power plant, according to attorneys on both sides of the dispute.

Plaintiff claimed it had incurred extra costs because of ... More...
   $45000000 (06-06-2018 - CA)

STATE OF KANSAS v. MARIA DELORIS IBARRA

After the Lyon County Sheriff's Department conducted a controlled buy with the help of a confidential informant (CI), the State charged Maria Deloris Ibarra with one count of possession with intent to distribute methamphetamine, one count of possession of drug paraphernalia, and one count of distribution of methamphetamine. The case was tried to a jury on January 9 and 10, 2017.

At tri... More...
   $0 (06-06-2018 - KS)

JOSEPH R. SHEPACK v. KANSAS DEPARTMENT OF REVENUE

On September 20, 2014, after receiving a report from the dispatcher that a pickup was driving erratically on the turnpike, a trooper spotted a truck matching the description pass by him when he was on the side of the road dealing with another car stop. His patrol car's emergency lights were activated while conducting this stop. The trooper noted that the passing truck did not move all the way into... More...   $0 (06-06-2018 - KS)

STATE OF KANSAS v. ROBERT TRAVIS JENKINS

Abdifathah Hassan Hashi, the robbery victim, met Mohammad Jama, his friend and coworker, at a bar in Liberal shortly before midnight on Halloween in 2015. Hashi drank heavily until closing time about two hours later and became quite intoxicated. Jama abstained. While at the bar, Hashi exchanged text messages with Raeanne Winters, who he had met briefly sometime earlier. Winters worked as a dancer ... More...   $0 (06-05-2018 - KS)

Liberty Surplus Insurance Corporation v. Ledesma & Meyer Construction Company, Inc.

Appellants Ledesma & Meyer Construction Company, Inc. and its
principals, Joseph Ledesma and Kris Meyer (collectively, L&M) contracted with
the San Bernardino Unified School District to manage a construction project at a
middle school. In 2003, L&M hired Darold Hecht as an assistant superintendent
and assigned him to the project. In 2010, Jane Doe, a 13-year-old student at the
... More...
   $0 (06-05-2018 - CA)

United States of America v. Juan Castillo Southern District of New York - New York, New York

The government appeals from an October 6, 2016 judgment of
the United States District Court for the Southern District of New York
(Gregory H. Woods, Judge) convicting defendant‐appellee Juan
Castillo, following his plea of guilty, of being a felon in possession of
a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1), and
sentencing him principally to 19 months’... More...
   $0 (06-04-2018 - NY)

Stephen Six v. Generation Federal Credit Union United States Court of Appeals for the Fourth Circuit

This appeal arises out of the district court’s order sanctioning three attorneys and their law firms under both its inherent authority and 28 U.S.C. § 1927. Finding no abuse of discretion, we affirm.
I.
The district court based its decision to award sanctions on a comprehensive evaluation of the attorneys’ conduct. That conduct was, in many respects, egregious, and it continued throughout ... More...
   $0 (06-04-2018 - NC)

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