3,456 results for 'cat:"Evidence"'.
J. Kamins finds the trial court properly excluded testimony from a defense expert because it was relevant as nonscientific evidence. Any error is unpreserved because defendant argued that the evidence was scientific before the trial court. Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 15, 2024, Case #: A179212, Categories: evidence, Experts
J. Badalamenti denies the accountant's motion to dismiss the government's action to collect penalties for his allegedly willful failure to report financial interests in foreign bank accounts. The accountant, who maintains multiple citizenships, is employed with PricewaterhouseCoopers and has a graduate degree in strategic management. Under a call option agreement, a client received the right to purchase 120,000 shares of an affiliated company in the Cayman Islands, and the accountant requested all correspondence relating to the account be held at the bank’s “Hold Mail” counter, meaning no mail involving the $12.5 million account would be sent to him in the U.S. The complaint adequately alleges the accountant failed to report “identifying information required to be provided with respect to an account.”
Court: USDC Middle District of Florida, Judge: Badalamenti , Filed On: May 15, 2024, Case #: 2:23cv452, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: evidence, International Law, Tax
J. Wood finds the circuit court improperly granted summary judgment in favor of the hospital in a slip and fall case. Though the hospital says a "wet floor" sign was in place near the puddle of water where the patient fell, testimony from the patient and a hospital employee creates a question of fact on the issue of whether there was a recurring leak in the area. The court’s finding there was not a recurring leak is premature. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 15, 2024, Case #: CV-23-146, Categories: evidence, Tort, Negligence
J. Cogburn denies a municipality and four of its police investigators their motion to dismiss allegations of 14th Amendment rights violations and tort claims brought by a nursing home aid illegally accused of abuse and sexual assault on a resident. The aid had previously been incarcerated for five years after the officers wrongfully framed him for crimes he did not commit, as was discovered at an evidentiary hearing. The judge immediately released him upon finding him innocent. Evidence shows that the police investigators systematically manipulated and harassed the aid into a false confession, and their arguments to the contrary are insufficient.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:23cv624, NOS: Other Civil Rights - Civil Rights, Categories: evidence, Malicious Prosecution, Police Misconduct
J. Carlyle finds that the lower court properly terminated the parental rights of the mother and the father to their child. The father failed to adequately preserve his due process argument. Additionally, the evidence sufficiently supports the lower court's best interest finding as to the mother. The record indicates that the mother was "living in a hotel at the time of the trial" and that she had a history of drug abuse. Additionally, the foster parents provided the child with a good home. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 14, 2024, Case #: 05-23-01255-CV, Categories: evidence, Family Law
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J. Edmondson suspends Kenyatta Ray Bethea for one year. Bethea pleaded guilty to a first-time misdemeanor DUI after colliding with two vehicles, injuring six people, including children, inflicting significant bodily harm. Clear and convincing evidence establishes the attorney is remorseful and has taken additional steps by leaving the ignition interlock device on his car for an extra two months. The attorney also independently sought counseling. There is no evidence he has a history of driving under the influence.
Court: Oklahoma Supreme Court, Judge: Edmondson , Filed On: May 14, 2024, Case #: SCBD-7443, Categories: evidence, Sanctions, Attorney Discipline
[Consolidated] J. Moore finds the juvenile court properly denied the state's motions to terminate the father's parental rights. The state became involved when the mother’s youngest child, a half-sibling of the father’s children, tested positive for drugs at birth. The father, with a history of drug abuse, was in jail at the time of the filings. Though the children have been in foster care for a large part of their lives, because of the positive father/child relationship, his expressed desire to parent them and his success in following his case plan, the state was unable to prove by clear and convincing evidence he is an unfit parent. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: May 14, 2024, Case #: A-23-631, Categories: evidence, Family Law, Guardianship
J. Pirtle finds the trial court properly convicted defendant for negligent child abuse. Defendant's 15-year-old daughter testified her father whipped her on the backs of her legs with a phone charging cord after she refused to give him her phone out of fear he might break it like he had done before. During the altercation and the daughter's attempts to escape, the father also punched her in the face and sexually assaulted her. Sufficient evidence, including family testimony and the consistency of the victim's injuries, supports the conviction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: May 14, 2024, Case #: A-23-255, Categories: evidence, Assault, Child Victims
J. Dlott denies both summary judgment motions, ruling the employee is not entitled to judgment on his failure to accommodate claim. It was not pleaded separately from the Americans with Disabilities Act retaliation claim and is intertwined with that claim such that they must be decided together. Meanwhile, emails between management employees create a question of fact as to whether the employer believed the employee was disabled after a stroke affected his quality of work, while evidence of similarly-situated employee who were never disciplined for similar quality control issues allows the suit to proceed.
Court: USDC Southern District of Ohio, Judge: Dlott, Filed On: May 14, 2024, Case #: 1:19cv999, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, evidence, Employment Discrimination
J. Lawrence finds the trial court properly granted the apartment complex's motion for summary judgment on the estate's wrongful death claim. The victim and the individual who shot and killed her knew each other before the incident, while the estate also failed to submit any evidence of a causal relationship that would have transferred liability to the complex. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 14, 2024, Case #: 2022-CA-897, Categories: evidence, Wrongful Death
J. Doss finds that the lower court properly terminated the mother's parental rights to the child. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The record indicates that the child "suffered a life-threatening crisis by ingesting methamphetamine" while in the mother's care and that the mother failed to "maintain a drug-free lifestyle" as required. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 14, 2024, Case #: 07-23-00442-CV, Categories: evidence, Family Law
J. Connors finds that the lower court properly convicted and sentenced defendant for murder. On appeal, defendant argues that the lower court erred “by admitting evidence of the victim’s state of mind.” However, it was not an abuse of discretion for the court to allow the victim’s statements to a friend that she was afraid of defendant. Additionally, the lower court gave an “immediate instruction” regarding the burden of proof following a certain query by the prosecutor during closing argument. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: May 14, 2024, Case #: 2024ME35, Categories: evidence, Murder
J. Lawrence finds the trial court properly allowed the prosecution to present evidence of defendant's previous manslaughter convictions at his trial on a murder charge. The testimony, including that he previously disposed of a body on his property, was relevant to the current case and showed a "common plan" to hide a body following a murder. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 14, 2024, Case #: 2022-KA-1066, Categories: evidence, Murder
J. Riedmann finds the trial court properly convicted defendant by plea agreement for second-degree murder and possession of a firearm by a prohibited person based on sufficient evidence. Defendant called 911, saying he was using CPR on a person with a gunshot wound. Defendant then reported the victim was dead, admitting he had shot her because she would not stop yelling. Officers discovered the victim with multiple gunshot wounds, later finding defendant at his brother-in-law's house pursuant to another 911 call. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-942, Categories: evidence, Firearms, Murder
J. Moore finds the trial court properly convicted defendant by plea agreement for possession of a firearm by a prohibited person, making terroristic threats, operating a motor vehicle to avoid arrest and driving while under suspension. Defendant was arrested after he called the sheriff's department threatening to kill his mother, making additional threats to law enforcement and other civilians. Sufficient evidence supports the convictions, though the court committed plain error by sentencing defendant to determinate sentences, rather than indeterminate sentences on three of the four counts. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: May 14, 2024, Case #: A-23-826, Categories: evidence, Firearms, Threats
J. Clement upholds the trial court’s decision granting summary judgment in favor of the city in this personal injury case brought by a resident alleging he was injured after slipping and falling off the city-owned pool’s diving board. The city claimed immunity from liability under the Tennessee Recreational Use Statute as an affirmative defense. The resident and his wife did not imply any exceptions or limitations for their negligence claims under the statute. Swimming and diving are a recreational activity, and the city pool is considered “land” or “premises” under the statute. Therefore, the city is entitled to immunity as a matter of law. Affirmed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: May 14, 2024, Case #: M2023-00654-COA-R3-CV, Categories: evidence, Immunity, Premises Liability
J. McClarty finds that the trial court improperly terminated a mother’s parental rights on the grounds of abandonment by failure to visit, abandonment by failure to support, abandonment by failure to provide a suitable home, and substantial noncompliance with the permanency plans. The trial court properly terminated the parental rights for the persistence of conditions which led to removal, severe child abuse and failure to manifest an ability and willingness to assume custody of the child. Therefore, there was a clear and convincing evidence that termination was in the child’s best interest. Affirmed in part. Reversed in part.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: May 14, 2024, Case #: W2022-01312-COA-R3-PT, Categories: evidence, Family Law
J. Rose denies the employer's motion for summary judgment, ruling a determination of whether the Christian employee's objection to the Covid-19 vaccine was a sincerely held religious belief requires a credibility assessment that cannot be made at this stage of litigation, while neither party has submitted evidence of whether a reasonable accommodation was available or offered at the time of her termination.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: May 13, 2024, Case #: 3:22cv370, NOS: Other Civil Rights - Civil Rights, Categories: evidence, Covid-19, Employment Discrimination
J. Rose denies the employer's motion for summary judgment, ruling a determination of whether the Christian employee's objection to the Covid-19 vaccine was a sincerely held religious belief requires a credibility assessment that cannot be made at this stage of litigation, while neither party has submitted evidence of whether a reasonable accommodation was available or offered at the time of her termination.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: May 13, 2024, Case #: 3:22cv370, NOS: Other Civil Rights - Civil Rights, Categories: evidence, Covid-19, Employment Discrimination
J. Gruender finds a lower court improperly allowed a defendant's motion to suppress evidence after he was charged with knowingly possessing a firearm, following a prior conviction of an offense punishable by imprisonment for more than a year. The defendant argued that the lower court properly allowed his motion to suppress evidence of a firearm located in a white vehicle in a tenant parking lot, which he was a passenger, and that police officers did not have reasonable suspicion to stop the parked vehicle. However, the government presented sufficient evidence in court that authorities were entitled to search the vehicle based on reasonable suspicion that defendant may have been engaging in criminal activity in a well known high crime area in the middle of the night. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: May 13, 2024, Case #: 23-2720, Categories: evidence, Firearms, Sentencing
J. Busby grants an ATV dealer's petition for mandamus relief in a mental anguish case brought by a minor who claims the dealer's negligence in selling a vehicle with recalled parts led to her physical and psychological injuries after it rolled over, killing her brother. The court of appeals granted the minor's motion to quash the dealer's attempt to review her psychological treatment records, holding that an exception under the Texas Rules of Evidence had not been triggered to allow the release of the documents. However, because the minor's mental state is a part of her claims and the dealer's defense, the exception to the rules of evidence is triggered, thus making the records discoverable.
Court: Texas Supreme Court, Judge: Busby, Filed On: May 13, 2024, Case #: 22-1167, Categories: evidence, Emotional Distress, Discovery
J. Stabile finds that the lower court properly sentenced defendant to 15 to 30 years in prison for raping and sexually assaulting his two minor daughters. The court’s admission of one of the daughter’s out-of-court statements about how defendant bribed her sister to undress in a basement was appropriate. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: May 13, 2024, Case #: J-S06013-23, Categories: evidence, Sentencing, Sex Offender
J. O'Neil finds a lower court improperly sentenced a defendant to second degree murder after he shot and killed a coworker inside of a vehicle. The State argued that it properly presented evidence in court concerning items located in the defendant's residence, which included firearms and ammunition, and that he is an unreasonable person. However, the defendant sufficiently showed in court that the government improperly submitted evidence that was harmless and prejudicial. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: O'Neil, Filed On: May 13, 2024, Case #: 2 CA-CR 2023-64, Categories: evidence, Firearms, Murder
J. Gruender finds a lower court improperly allowed a defendant's motion to suppress evidence after he was charged with knowingly possessing a firearm, following a prior conviction of an offense punishable by imprisonment for more than a year. The defendant argued that the lower court properly allowed his motion to suppress evidence of a firearm located in a white vehicle in a tenant parking lot, which he was a passenger, and that police officers did not have reasonable suspicion to stop the parked vehicle. However, the government presented sufficient evidence in court that authorities were entitled to search the vehicle based on reasonable suspicion that defendant may have been engaging in criminal activity in a well known high crime area in the middle of the night. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: May 13, 2024, Case #: 23-2720, Categories: evidence, Firearms, Sentencing
J. Gruender finds a lower court improperly allowed a defendant's motion to suppress evidence after he was charged with knowingly possessing a firearm, following a prior conviction of an offense punishable by imprisonment for more than a year. The defendant argued that the lower court properly allowed his motion to suppress evidence of a firearm located in a white vehicle in a tenant parking lot, which he was a passenger, and that police officers did not have reasonable suspicion to stop the parked vehicle. However, the government presented sufficient evidence in court that authorities were entitled to search the vehicle based on reasonable suspicion that defendant may have been engaging in criminal activity in a well known high crime area in the middle of the night. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: May 13, 2024, Case #: 23-2720, Categories: evidence, Firearms, Sentencing
J. Thapar finds the trial court properly granted the government's request for forfeiture of more than $92,000 in cash found in defendant's bedroom. He not only admitted to dealing drugs in cash transactions when he was convicted of drug trafficking, but he was also familiar with banking as a small business owner, which made it more likely than not the cash was connected to criminal activity and not his legitimate business. However, more than $20,000 in cash found in a dresser drawer must be returned to defendant, who provided evidence of loans and federal grants to support the stockpile of cash. Affirmed in part.
Court: 6th Circuit, Judge: Thapar, Filed On: May 13, 2024, Case #: 22-2032, Categories: Drug Offender, evidence, Forfeiture
J. Waldick finds the trial court properly terminated the father's parental rights and granted permanent custody of the child to family services. He only visited the child once in person throughout the duration of his custody case, refused to enroll in anger management classes as part of his case plan and did not complete the majority of the objectives in that case plan. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: May 13, 2024, Case #: 2024-Ohio-1846, Categories: evidence, Family Law