3,707 results for 'casenum:"23"'.
J. Palafox finds that the lower court properly revoked defendant’s deferred adjudication community supervision, finding him guilty of arson and sentencing him to 10 years’ imprisonment and a $1,000 fine. The appeal is frivolous. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 27, 2023, Case #: 08-23-00027-CR, Categories: Sentencing
Per curiam, the appellate court finds that the individuals do not belong to the class of persons with the recognized right to bring claims for injunctive relief against a nursing home. The individuals, who are not and have never been residents of the nursing home, should not have been allowed to bring claims under the Nursing Home Residents Bill of Rights.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: June 27, 2023, Case #: 23-C-271, Categories: Civil Procedure, Class Action
Per curiam, the appellate court finds that the trial court should not have rendered a broad-brush judgment when it granted an injured gas station patron's motion for an adverse presumption based on spoliation of the evidence. The patron claimed that he struck his head on a piece of metal protruding from a post located behind the car vacuum cleaner. The patron concedes that the gas station's failure to preserve the video footage was unintentional because the gas station received the preservation notice after the time for recovering the footage would have already lapsed. However, the gas station removed the metal piece from its original location and, as a result, altered the configuration and placement of the protruding piece of metal as it appeared when the patron was injured. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: June 27, 2023, Case #: 23-C-300 , Categories: Evidence, Negligence
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J. Marston denies a Township’s motion to dismiss in this matter concerning a resolution. The Pennsylvania State Lodge Fraternal Order of Police and Springfield Township Police Benevolent Association (PBA) use the Thin Blue Line American Flag as part of their organizational activities to show support for law enforcement, with the PBA having incorporated it into its logo. But the Township believes it is viewed negatively by many groups and communities and is divisive as it symbolizes police brutality and racial animosity; as such, the Springfield Township Board of Commissioners passed Resolution 1592 which works to eliminate the display of the Thin Blue Line American Flag Symbol by any Township employee, agent or consultant while on duty, when representing the Township or on any Township owned property. The PBA claims the resolution violates the First and Fourteenth Amendments to the United States Constitution, and specifically, section three prohibiting the display and affixation of the symbol on Township-owned property negatively impacts the organization, as it would prohibit them from displaying its logo during gatherings and fundraising events held in places such as public parks, which they have done in the past and wish to do in the future. The instant court finds the organizations have legal standing.
Court: USDC Eastern District of Pennsylvania, Judge: Marston, Filed On: June 27, 2023, Case #: 2:23-cv-332, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Municipal Law
Per curiam, the Louisiana court finds that the trial court should not have rendered a broad-brush judgment when it granted an injured gas station patron's motion for an adverse presumption based on spoliation of the evidence. The patron claimed that he struck his head on a piece of metal protruding from a post located behind the car vacuum cleaner. The patron concedes that the gas station's failure to preserve the video footage was unintentional because the gas station received the preservation notice after the time for recovering the video footage would have already lapsed. However, the gas station removed the metal piece from its original location and, as a result, altered the configuration and placement of the protruding piece of metal as it appeared when the patron was injured. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: June 27, 2023, Case #: 23-C-294, Categories: Evidence, Negligence
J. Fox finds that the lower court properly denied a motion to suppress evidence found a in car that led to a drug charge. The traffic stop that led to the drug find took place after defendant failed to signal a left turn and the officer smelled drugs in the car, so the stop passed legal muster. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: June 27, 2023, Case #: S-23-0016, Categories: Drug Offender, Search
J. Rambin denies mandamus relief to the individual who wants the lower court judge to vacate an order staying the proceedings pending appeal, to allow post-judgment discovery, and to set a hearing to establish supersedeas bond. The lower court did not have a duty to enforce the order granting summary judgment since it was not a final order, and the individual was not entitled to post-judgment discovery.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: June 26, 2023, Case #: 06-23-00048-CV, Categories: Civil Procedure, Wills / Probate, Discovery
Per curiam, the appellate division finds that the lower court improperly held that a handful of challenged absentee ballots cast in the March village election should not be opened or counted. Candidates running for office contend the ballots had been cast by nonresidents who had been organized to register by a religious congregation, but the matter must be remitted because the challenge concerned not absentee ballots but voter qualifications, and they had not been named as necessary parties. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 26, 2023, Case #: CV-23-0859, Categories: Civil Procedure, Elections
J. Kavanaugh finds that the circuit properly determined two noncitizens were removable from the U.S. based on convictions for obstruction of justice because an investigation or proceeding need not be pending for obstruction to occur. Affirmed.
Court: US Supreme Court, Judge: Kavanaugh, Filed On: June 23, 2023, Case #: 22-23, Categories: Immigration, Obstruction
J. Gravois finds that the trial court properly denied defendant's motion to quash the murder-related indictment against him after a mistrial. In this case, the one-year time period for the state to commence the second trial was interrupted by Hurricane Ida. Louisiana jurisprudence has treated natural disasters like hurricanes as interruptions and not suspensions. Further, the record shows that the time period was suspended when the defense acquiesced to a later trial date.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 23, 2023, Case #: 23-K-270, Categories: Civil Procedure
J. Byrne finds the trial court properly ruled to terminate a father’s parental rights to his children. Facts detailing the father’s failure to complete court-ordered services are sufficient and can be used to form a reasonable conclusion that terminating his parental rights is in the children’s best interest. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: June 23, 2023, Case #: 03-23-00104-CV, Categories: Family Law
Per curiam, the appellate court vacates the district court's denial of defendant's motion for expungement due to her failure to pay a $250 processing fee to the Louisiana Bureau of Criminal Identification and Information because this court granted defendant's in forma pauperis status. Vacated.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: June 22, 2023, Case #: 23-KH-204, Categories: Criminal Procedure, Judiciary
J. Silva finds that the lower court properly terminated the mother's parental rights to four of her children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the findings. Specifically, there was evidence of drug use and allegations of domestic violence. One of the fathers also appeals from the termination of his rights, but his appeal is without merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: June 22, 2023, Case #: 13-23-00049-CV, Categories: Evidence, Family Law
Per curiam, the appellate division finds that attorney Robert Morris Cohen should be disbarred following the interim suspension imposed in June 2022 during an investigation into client neglect, with which Cohen failed to cooperate; after two more complaints surfaced, Cohen continued to be uncooperative. Given his continuing noncompliance, his pattern of client neglect, and allegations that he continued to practice while suspended, disbarment is appropriate.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 22, 2023, Case #: PM-131-23, Categories: Attorney Discipline
J. Gravois finds that a juvenile was properly adjudicated delinquent for the offense of first degree rape. The victim testified that when she was six-years old, the juvenile, who was fourteen, sexually assaulted her during a vacation trip. The victim testified that the juvenile licked her vagina and inserted his penis into her vagina. The trial judge acknowledged that both the victim's testimony at trial and her recorded interview were substantially similar. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 21, 2023, Case #: 23-KA-83, Categories: Evidence, Juvenile Law, Sex Offender
Per curiam, the appeals court finds the child's habeas corpus petition challenging the extension of his secure detention by the state while facing charges connected to his threat on social media to carry out a school shooting must be denied. The available evidence supports the state's requested 21-day extension to the child's secure detention, including based on the need to protect public safety in light of the fact that the firearm the child brandished in a picture on social media has not been located and he may still have access to it.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 21, 2023, Case #: 23-2003, Categories: Firearms, Habeas, Threats
J. Scudder finds that the lower court improperly allowed plaintiff's lawsuit challenging a newly-added provision to the Illinois' Health Care Right of Conscience Act that affirmed the legality of Covid-19 vaccine mandates. The lower court's primary conclusion that the addition changed nothing in Illinois law requires dismissing the plaintiffs' challenge for lack of standing. The plaintiffs may then file an appeal from a final judgment. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: June 21, 2023, Case #: 23-8012, Categories: Constitution, Health Care, Covid-19
J. Schumacher finds that a mother's parental rights were properly terminated since she had been accused of shaking her baby to death and she had not resolved substance abuse and mental health issues. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: June 21, 2023, Case #: 23-0581, Categories: Family Law
J. Scales finds the man's petition for a writ of prohibition quashing a trial court order denying his motion to dismiss a civil battery case brought by the woman must be denied on the merits due to "substantial, competent evidence" that he is not immune to the charge under Florida's Stand Your Ground Law based on the woman's testimony, even though two eyewitnesses support the man's argument that she was the aggressor and he was defending himself. A question of great public importance is certified to the Florida Supreme Court regarding whether prohibition is a remedy a civil defendant can use to challenge a non-final order denying a motion for Stand Your Ground immunity, and the matter is also referred to the Florida Bar's Appellate Rules Committee.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: June 21, 2023, Case #: 23-0315, Categories: Tort, Immunity
J. Kunselman finds that the lower court properly sentenced defendant to two months to a year in prison for exposing her breasts to inmates while sitting on the hood of her car outside of Lancaster County jail, where her boyfriend was incarcerated. Defendant failed to suggest that her public, sexually explicit misconduct was not in violation of the open-lewdness statute. Affirmed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: June 21, 2023, Case #: J-S12007-23, Categories: Criminal Procedure, Sentencing, Public Indecency
J. Badding finds that a father's parental rights were properly terminated since he was a long-term substance abuser who was incarcerated and he had minimal contact with his child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: June 21, 2023, Case #: 23-0631, Categories: Family Law