936 results for 'cat:"Due Process"'.
J. Stafford finds that the trial court properly terminated a father’s parental rights on the grounds of abandonment by an incarcerated parent through wanton disregard, and failure to manifest an ability or willingness to parent. He alleges his due process rights were violated, but fails to show a deprivation in the termination proceedings. Therefore, there was a clear and convincing evidence that termination was in the child’s best interest. Affirmed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: May 16, 2024, Case #: M2022-01252-COA-R3-PT, Categories: Family Law, due Process
J. Wynn finds the lower court properly granted summary judgment to the correctional facility. An inmate sought to enjoin prison officials from deducting a sum of money from his prison trust account as restitution for an assault he committed on a fellow inmate in 2015 and to compel the return of money already taken. He claims that the nearly six-year interim between the guilt-finding phase of his disciplinary hearing and his reconvened restitution hearing violates principles of due process. No additional evidence could have aided his ability to contest the amount of his ordered restitution, even if the restitution portion of the hearing had been promptly reconvened. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: May 16, 2024, Case #: 22-6029, Categories: due Process, Prisoners' Rights
J. Horton finds the county court improperly denied the earth mover's attorney's motion to reinstate/for new trial. The earth mover's case was dismissed, and the client/property owner received $19,891 on its contract breach counterclaim after the earth mover's attorney failed to appear. The attorney, who was involved in another proceeding due to a scheduling conflict, requested that his clerk go to the other courtroom to let them know that he would be there. The clerk instead checked the court’s webpage “for an update,” which resulted in the attorney’s unintentional failure to appear. This reasonably explains that the attorney's absence was not due to conscious indifference. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: May 16, 2024, Case #: 09-22-00323-CV, Categories: Administrative Law, due Process, Contract
J. Simon grants the state summary judgment on the due process claim in the nonprofit organization's complaint alleging that the state's legislature overreached when it passed House Bill 2362, which requires a covered "health care entity" to provide the Oregon Health Authority (OHA) with notice before it engaged in a covered "material change transaction" and prohibits that entity from engaging in a covered transaction until the OHA reviews and approves it. HB 2362 only imposes civil penalties and the nonprofit does not prove that the law threatens to "inhibit the exercise of constitutionally protected rights."
Court: USDC Oregon, Judge: Simon, Filed On: May 16, 2024, Case #: 3:22cv1486, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Health Care, due Process
J. Bartley remands the veteran's daughter's appeal of a board decision denying her entitlement to dependency and indemnity compensation benefits, finding she was not rendered permanently incapable of self-support prior to attaining age 18. A prior remand in which a medical record was constructively before the board by its being submitted to the court of appeals was not considered. Remand is required for the board to render a decision in consideration of the entire record.
Court: Court Of Appeals For Veterans Claims, Judge: Bartley , Filed On: May 15, 2024, Case #: 21-4616, Categories: Health Care, Veterans, due Process
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Per curiam, the court of appeals dismisses the veteran's appeal of the board's remand of his claims of entitlement to an initial evaluation in excess of 10% for chronic sinusitis. The claims were remanded rather than finally adjudicated. Though the veteran requested review, the court does not have jurisdiction to review a board remand that failed to refer pending claims to the agency of original jurisdiction for initial adjudication.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: May 15, 2024, Case #: 20-3523, Categories: Health Care, Veterans, due Process
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. Steele grants the Federal Bureau of Investigation's motion for summary judgment. The party who is the defendant in a criminal matter has requested all materials related to the investigation, as well as any evidence collected at interviews with third parties. The FBI filed its motion for summary judgment and the court directed the party requesting the documents to file a response. The deadline to respond has expired and no response has been filed, nor an extension of time sought. The FBI has complied with its obligations as to foreseeable harm and segregability.
Court: USDC Middle District of Florida, Judge: Steele , Filed On: May 15, 2024, Case #: 2:21cv716, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record, due Process
J. Emas finds the trial court improperly dismissed a public urination charge against defendant. The city's due process rights were violated when the trial court exceeded its authority and summarily dismissed the city's case against defendant without notice or an opportunity to be heard after a municipal prosecutor did not show up to defendant's first court appearance. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: May 15, 2024, Case #: 22-1875, Categories: due Process, Public Indecency
J. Fernandez finds the trial court erred in granting summary judgment to the clerk of court, tax collector and property purchaser in a lawsuit over the sale of the property owner's Miami condo at a tax deed sale. The owner's due process rights were violated by not being given notice of the tax deed sale where the purchaser bought the Miami condo, where the owner had not lived for years while mostly residing and receiving medical treatment at an apartment in New York City. The case is remanded for the trial court to grant summary judgment to the owner and cancel the tax deed sale. Reversed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: May 15, 2024, Case #: 22-1033, Categories: Property, Tax, due Process
J. Worthen denies the property occupants' request for a writ of mandamus. The occupants seek to challenge the order of possession, the denial of their motion to reduce the bond, and to stay issuance of the writ of possession. The occupants have failed to establish the court improperly set the amount of the supersedeas bond at $7,500 and overruled the motion to reduce the bond and stay proceedings. The occupants had sufficient information upon which to exercise discretion. Based upon their income, expenses, personal property, and evidence of resale and rental values of the premises, a bond of $7,500 would not subject them to economic harm and was necessary to protect property owner.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 15, 2024, Case #: 12-24-00076-CV, Categories: Landlord Tenant, Property, due Process
J. Riedmann finds the county court improperly calculated the ex-wife's income in this divorce proceeding. The record does not support the wife's income as an elementary school teacher gives her an income of more than $6,000 per month. The court improperly included in its calculation an Air Force education liaison position for which the ex-wife applied but was not awarded. Being that the ex-wife is employed, the $1 per month the court awarded in alimony shows no abuse of discretion. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-398, Categories: Family Law, Property, due Process
J. Hixon finds the trial court properly convicted defendant for incest, rape, sexual battery, aggravated assault and aggravated rape. He abused his minor daughter for approximately four years until she told her school guidance counselor about the abuse. Defendant argues there was not enough evidence for his conviction and says his right right to a fair trial and due process were violated. He failed to take reasonable action to object at trial or to establish a clear and unequivocal rule of law was in fact violated. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixon, Filed On: May 13, 2024, Case #: W2023-00693-CCA-R3-CD, Categories: Sentencing, Sex Offender, due Process
J. Lambert finds the trial court made a reversible error when it granted the husband's lawyer's motion to withdraw on the morning of trial in the dissolution of the husband and wife's marriage and denied the husband's request for a continuance of the trial. It violated the husband's right to due process to allow his lawyer to withdraw on around 20 hours' notice immediately before his trial was set to start. The portion of the court's judgment dissolving the marriage is affirmed, but the matter is otherwise reversed and remanded for a new trial. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: May 10, 2024, Case #: 23-0748, Categories: Family Law, due Process
Per curiam, the Vermont Supreme Court finds the trial court properly ordered a neighbor to stay away from the property owner at all times and to stay 50 feet away from the boundary line between the parties’ properties. The neighbor alleges that her due process rights were violated because of insufficient evidence for the property owner’s claims of stalking and being threatened. The court’s findings were supported by the evidence and the neighbor’s claims do not provide a strong basis to reverse. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-359, Categories: Negligence, Emotional Distress, due Process
[Consolidated.] J. Garcia reverses the district court's dismissal of due process claims filed by a former career appointee in the Senior Executive Service who was removed from her position. She was entitled to notice and an opportunity to be heard before she was removed. Reversed.
Court: DC Circuit, Judge: Garcia, Filed On: May 10, 2024, Case #: 22-5150 , Categories: Employment, Government, due Process
J. Clarke dismisses the landlords' complaint that the county's code enforcement officer wrongfully accused the landlords of violating county code by not obtaining agricultural exemptions or structural permits for 20 greenhouse structures and not obtaining electrical permits for the same 20 greenhouses, leading to a citation for $40,000 fine. The landlords do not state a claim for wrongful use of civil proceedings because while they may have a valid defense for the legality of the structures that their tenant built on their property, they do not allege that the code enforcement officer did not have probable cause to issue the citation.
Court: USDC Oregon, Judge: Clarke, Filed On: May 9, 2024, Case #: 1:23cv1607, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, due Process
J. Womack finds the circuit court properly denied the petition for habeas corpus. Defendant argues his rape conviction is illegal, claiming there are inconsistencies in the judgment and commitment order, as well as in the docket entries. The alleged inconsistences consist only of discrepancies in the offense date. Docket entries recorded by various court clerks have no bearing on the facial legality of a judgment or jurisdiction. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: May 9, 2024, Case #: CV-23-720, Categories: Habeas, Sex Offender, due Process
J. Brennan finds that the lower court improperly dismissed an energy company's suit challenging an increase in the tax assessment for two properties on which it is developing a natural gas fueled power generation plant. The company was never sent notice of the proposed reassessment for one parcel, so it is excused of its failure to exhaust its administrative remedies. However, it was properly given its due process rights as to the second parcel. Reversed in part.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: May 9, 2024, Case #: 220328, Categories: Property, Tax, due Process
J. Virden finds the county court improperly denied the estate’s petition for a writ to revive a deficiency judgment obtained during foreclosure proceedings against debtors to the estate. The 10-year period for revival did not begin to run from the date of the initial foreclosure decree, but from that of the deficiency judgment. The decree did not dismiss the parties from the case or put the judgment into execution. Reversed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: May 8, 2024, Case #: CV-23-200, Categories: Debt Collection, due Process, Banking / Lending
J. Baldwin finds the lower court properly found the mother's consent was not required to complete the adoption of her child. She failed to file an objection within 14 days of receiving notice of the adoption. Although the mother requested an attorney within the 14-day time limit, that request is wholly unrelated to the objection requirement, which does not violate any due process rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: May 8, 2024, Case #: 2024-Ohio-1818, Categories: Family Law, due Process
J. Klappenbach finds the circuit court properly terminated the mother's parental rights to her two children. The 18- and 6-month-old children were taken into custody when the children’s putative father was arrested on drugs and weapons charges during the mother's period of incarceration on a different conviction. All evidence supports the best interest finding and the court committed no reversible error in denying the mother's motion to have witnesses testify remotely. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: May 8, 2024, Case #: CV-23-837, Categories: Family Law, due Process, Guardianship