3,707 results for 'casenum:"23"'.
J. Bacharach finds that the federal district court incorrectly granted habeas relief to defendant, who was convicted of manslaughter and leaving the scene of a fatal accident. Defendant’s convictions were vacated after a change in precedent, but the appellate court later ruled that the change in precedent did not apply retroactively. When the state appellate court reinstated defendant’s convictions, the federal district court granted her habeas relief after finding that the reinstatement was an arbitrary deprivation of her liberty interest. The state appellate court’s decision “rested on a reasonable applications of the facts and Supreme Court holdings” and the federal district court “should have deferred to the state appeals court.” Reversed.
Court: 10th Circuit, Judge: Bacharach, Filed On: May 17, 2024, Case #: 23-5069, Categories: Criminal Procedure, Manslaughter
J. Easterbrook finds that the lower court properly ruled that a provision of the insurer's basic commercial policy excluding coverage for any claim arising out of the disclosure of a person's personal information applies to claims arising under the Illinois Biometric Information Privacy Act. However, the insurer must defend the employer under its umbrella policy as the data-breach liability exclusion and the employment-related practices exclusion does not apply to claims brought under BIPA. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: May 17, 2024, Case #: 23-1521, Categories: Insurance, Privacy, Contract
J. Jay finds the trial court improperly denied the property owner's motion for attorney fees stemming from the contractor's attorney knowingly making legally unsupported arguments at trial. The property owner's knowledge that the contractor was unlicensed at the time it was hired for a remodeling project is irrelevant to the substance of the contractor's attorney's breach of contract complaint, which it filed despite knowing such a claim was untenable because the contractor was unlicensed. The case is remanded for the trial court to determine the appropriate amount of fees to award to the property owner. Reversed.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: May 17, 2024, Case #: 23-1393, Categories: Attorney Fees, Contract
J. Dennis finds the district court properly convicted defendant for transporting undocumented aliens. Defendant was arrested after a Border Patrol canine alerted to the presence of people in his tractor trailer. At trial, defendant sought to suppress, arguing that the dog could not provide reasonable suspicion to search the vehicle because it cannot reliably differentiate between scents of a driver and others concealed in the vehicle. The canine is specifically trained to detect concealed humans, and alerts to stimulus such as respiratory and posture changes. The dog's alerts and indications provided the agent with reasonable suspicion to conduct the search, and defendant's motion to suppress was properly overruled. Affirmed.
Court: 5th Circuit, Judge: Dennis , Filed On: May 17, 2024, Case #: 23-40366, Categories: Immigration, Search
J. Kemp finds the circuit court improperly found that Arkansas gross receipt and tourism tax statutes applied to the online travel companies, making them liable for unpaid taxes. The companies provide an intermediary service and do not rent, lease, or furnish rooms under the plain meaning of the relevant statute. Reversed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: May 16, 2024, Case #: CV-23-416, Categories: Property, Tax
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J. Wood, in this state interlocutory appeal, finds the circuit court improperly granted the probationer's motion to suppress evidence. The probationer signed a residential search waiver and claims that officers conducted a search without probable cause to believe that the place to be searched is his residence. Officers need only have a reasonable suspicion that the location is the probationer's residence, based on the totality of the circumstances. Reversed.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: May 16, 2024, Case #: CR-23-697, Categories: Probation, Search
J. Carlyle finds that the lower court properly granted the appellee's special appearance in this lawsuit asserting a claim for tortious interference with contract after the appellee company allegedly hired one of the appellant's employees. The court rejects the appellant's argument that the appellee company, which operates principally in Michigan, consented to general jurisdiction in Texas "by registering to do business here." The registration statutes do not specifically indicate that "complying with them would subject a business to personal jurisdiction." Also, the employee at issue lives and works in Arizona, and his contract was executed under Michigan law. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 16, 2024, Case #: 05-23-00921-CV, Categories: Interference With Contract, Jurisdiction, Business Practices
J. Erickson finds a lower court properly dismissed a former employee's gender discrimination and retaliation claims against his employer. The transportation services employee, who is white, argued that his employer failed to investigate and take action when a Black female co-worker harassed him by rubbing her backside on him and stated, "You know you look good without clothes on." However, his employer sufficiently showed in court that it submitted a written disciplinary warning against the co- worker on his behalf, and that his eventual termination months later was not part of the investigation. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: May 16, 2024, Case #: 23-1242, Categories: Civil Rights, Employment, Employment Discrimination
J. Gray finds that the lower court improperly dismissed a divorce proceeding on the grounds of forum non conveniens. There was not enough on the record to support the finding that Wyoming is not the proper forum. The wife has not changed her Wyoming residency status and has significant connections to the local community. Reversed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: May 16, 2024, Case #: S-23-0206, Categories: Family Law, Venue
J. Zimmerer finds that the trial court improperly granted the city's plea to the jurisdiction in a female police officer's suit alleging discrimination and retaliation after she was demoted from assistant chief to lieutenant by the acting chief following her role in an investigation into his son's sexually harassing conduct as a field-training officer. The demoted officer established a prima facie case of retaliation and gender discrimination. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: May 16, 2024, Case #: 14-23-00143-CV, Categories: Employment, Municipal Law, Jurisdiction
J. Pena finds that the lower court properly determined that the claims at issue in this case were not health care liability claims requiring an expert report. The claims arise from the minor plaintiff's enrollment in a treatment program and an incident in which she was allegedly left inside a van and had to kick out a window in order to get out. The lower court did not err in its ruling, as the allegations do not implicate the facility's "duties as a health care provider." Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: May 16, 2024, Case #: 13-23-00036-CV, Categories: Health Care, Negligence, Experts
J. Doss finds that the lower court properly entered a Chapter 7B protective order against the appellant on behalf of the mother and the child. Contrary to the appellant's argument, an order transferring the case to another county does not prove a lack of jurisdiction. Additionally, the lower court did not err in rejecting his motion to set aside the default judgment, which was based on his failure to appear at the hearing on the protective order application. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 16, 2024, Case #: 07-23-00229-CV, Categories: Restraining Order, Jurisdiction
J. Contreras finds that the lower court improperly awarded attorney fees to the town in this dispute involving the use of a public right-of-way. The lower court did not err in granting summary judgment for the town, but the fee award was an abuse of discretion, as the town relied solely on the Uniform Declaratory Judgments Act to recover the fees. Accordingly, the court renders judgment that the town take nothing on its claim for attorney fees. The remainder of the judgment is affirmed, however. Reversed in part.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: May 16, 2024, Case #: 13-23-00436-CV, Categories: Real Estate, Attorney Fees
J. Thierry finds that defendant was properly convicted and sentenced to 35 years at hard labor for manslaughter for shooting a man sitting on his bicycle. Defendant claims that the state did not prove that he did not reasonably believe that he was in imminent danger when he shot the man, but the state presented evidence that not only did the man not have a gun at the time of the shooting, but defendant made attempts to destroy evidence of the crime, indicating a guilty conscience that does not comply with a claim of self-defense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: May 15, 2024, Case #: KA-23-508, Categories: Self Defense, Manslaughter
J. Watkins upholds defendant's conviction for the murder of her 4-year-old child, who suffered a traumatic brain injury and was covered in multiple older injuries and scars. There was sufficient evidence to support the conviction and, contrary to defendant's argument, the state was not required to prove the child's death was caused by a deadly weapon. Affirmed.
Court: Texas Courts of Appeals, Judge: Watkins, Filed On: May 15, 2024, Case #: 04-23-00090-CR , Categories: Evidence, Murder, Child Victims
J. Siler finds the prison officers failed to properly raise the defense of qualified immunity before the lower court and, therefore, forfeited the defense. Although qualified immunity was "mentioned" in their response to the inmate's civil rights lawsuit, the officers failed to provide any legal of evidentiary arguments to support their position, which renders it forfeit. Affirmed.
Court: 6th Circuit, Judge: Siler, Filed On: May 15, 2024, Case #: 23-1291, Categories: Civil Procedure, Civil Rights, Immunity
J. Agee finds the lower court properly denied a preliminary injunction to the parents in a First Amendment suit seeking an injunction allowing them to opt their children out of English classes that use the Pride Storybooks, a collection of LGBTQ-inclusive children's books. At this early stage, the parents failed to show that the inclusion of the books coerced their children into believing opinions that were in conflict with their religious beliefs. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: May 15, 2024, Case #: 23-1890, Categories: Education, First Amendment, Injunction
J. Wood finds the county juvenile division properly granted the state’s motion for extended juvenile jurisdiction. Responding to a 911 call, officers discovered the 14-year-old defendant and his 10-year-old brother standing outside the residence with his mother and another 16-year-old brother lying inside with multiple stab wounds. An agreed not-fit-to-proceed commitment order was entered upon a medical diagnosis of defendant as having several disorders, including ADHD, other impairments and an IQ of 76. The state’s motion was not clearly erroneous. The court properly considered each factor, making written findings supported by the evidence. Defendant's argument involving his claims the murder was accidental asks the appeals court to reweigh evidence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 15, 2024, Case #: CR-23-655, Categories: Juvenile Law, Murder, Commitment
J. Hixson finds the trial court properly convicted defendant for the sexual assault of his 12-year-old daughter. A detective testified to interviewing the mother and daughter on allegations of the father's committing sexual assault. Sufficient evidence, including forensic interview and statements made by defendant involving keeping secrets supports the conviction. Defendant's challenge of evidence sufficiency is not preserved for review, and the trial court properly denied his request for directed verdict. The victim testified her father touched her "private area," which can be construed as having been done for sexual gratification. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: May 15, 2024, Case #: CR-23-611, Categories: Evidence, Sex Offender, Child Victims
J. Abramson finds the circuit court improperly denied the masonry company's motion to set aside a default judgment entered in favor of the construction company. The original breach of contract action was brought by the masonry company, with the circuit court granting the construction company's motion to dismiss. The construction company filed another breach of contract action, serving the masonry company at an incorrect address, with the green card evidencing delivery was returned unsigned. The default judgment is void due to insufficient service of process. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: May 15, 2024, Case #: CV-23-257, Categories: Construction, Due Process, Contract
J. Harrison finds the trial court properly convicted defendant for threatening a judicial official and making harassing communications based on sufficient evidence. After the judge issued an arrest warrant for defendant in another case, he received an email known to belong to defendant in which he called the judge names, and a voicemail in which defendant said "I’m going to come to your house sometime in the very near future. So, if you don’t want that to happen, you should call me back.” Though defendant asked for a directed verdict, he did not offer the court any reason to grant one. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: May 15, 2024, Case #: CR-23-506, Categories: Evidence, Threats
J. Alley finds a lower court did not err in admitting a confession and evidence obtained via in a warrantless search in the murder trial of a former Border Patrol agent accused of killing multiple women, especially targeting sex workers. Defendant “voluntarily waived his right to remain silent” when he told investigators during an interview that "he was ‘clean[ing] up the streets’ of Laredo,” and multiple legal theories support the authorities’ search of his vehicle. Most notably, they had probable cause for the search, as a purse belonging to a woman who escaped was “in plain view” on his truck's floorboard. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: May 15, 2024, Case #: 08-23-00025-CR, Categories: Evidence, Murder, Search
J. Johnson finds that the trial court properly dismissed a hotel visitor's fall claim against the hotel when a bottom cushion of the chair slid out as he sat down, causing him to fall forward. In this case, the visitor's videotape of a hotel employee allegedly admitting to the defective nature of the chair was not admitted because the videotape was not properly authenticated. Further, the hotel submitted an affidavit of an employee who stated she observed and inspected the chair and that the chair was not defective. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 15, 2024, Case #: 23-CA-449, Categories: Evidence, Negligence
J. Johnson finds that the trial court properly dismissed a pedestrian's trip and fall claim, alleging that she was injured when she stepped in a hole in the city's parking lot. In this case, the trial court lacks subject matter jurisdiction because the Office of Workers’ Compensation has exclusive, original jurisdiction over the matter. The pedestrian's claims of negligence against the city were alleged under the theory of premises liability, and, at the time of the fall, the pedestrian was walking to her vehicle at the end of her workday with the city. Therefore, the pedestrian was still in the course of her employment with the city. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 15, 2024, Case #: 23-CA-368, Categories: Negligence, Jurisdiction, Workers' Compensation
J. Gravois finds that defendant was properly convicted of second degree murder. The trial court properly denied defendant's motion to suppress evidence extracted from the victim's cell phone because defendant had no possessory interest or reasonable expectation of privacy in the personal property of the victim. Further, defendant's cell phone was properly seized and was examined by the digital forensics unit within the time limitation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 15, 2024, Case #: 23-KA-392, Categories: Evidence, Search
J. Wilson finds that the trial court correctly found in favor of the children, who claim that their father's wife breached her fiduciary duties by unfairly changing his will to make her sole income and principal beneficiary of all assets belonging to the trust. The children presented medical evidence that their father's dementia left him vulnerable to undue influence, all witnesses confirmed that the father had a history of providing for his children, the original trust document left his children and grandchildren assets but the amended document left it all to his wife, and the testimony of the wife and her daughter contradicting the other evidence lacked credibility. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: May 15, 2024, Case #: CA-23-773, Categories: Trusts, Wills / Probate, Fiduciary Duty
[Consolidated] J. Bokor finds the trial court properly denied the motorist's motions for a directed verdict and new trial in her lawsuit over a car accident. Because there was enough evidence to prove the motorist was at least partially responsible for the accident, her motion for a directed verdict was correctly denied, and the errors the motorist points to regarding her lawyer's overruled objections to questioning about inconsistent statements she made about her speed at the time of the accident, if they were errors, were harmless. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 15, 2024, Case #: 23-0088, Categories: Vehicle, Negligence