150 results for 'filedAt:"2023-05-25"'.
J. Pipkin finds that the trial court properly convicted defendant of rape and simple battery. The trial court correctly admitted into evidence the audio from a recording of the crime made by the victim on her phone. Since only the audio portion of the recording was tendered into evidence, the case is governed by a different statute than the statute governing unlawful surveillance. The victim was allowed to record her conversation with defendant without his consent. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: May 25, 2023, Case #: A23A0417, Categories: Evidence, Sex Offender, Battery
J. Natali finds that the trial court properly upheld the defendant's obligation under sex offender laws. Other jurisdictions have rejected due process challenges to lifetime registration requirements for certain violent offenders, and no legal authority states that all sex offenders who remain offense-free will eventually reach a point at which they are no longer a risk of committing sexual offenses. Affirmed.
Court: New Jersey Appellate Division, Judge: Natali, Filed On: May 25, 2023, Case #: A-1189-21, Categories: Sentencing, Sex Offender
J. Jabar finds that the lower court properly convicted defendant for aggravated assault and other charges but improperly sentenced him to "five years in prison with all but twenty-four months suspended, followed by three years of probation." The court finds that two of the counts should be merged as being duplicative and the case remanded for resentencing based on the merged counts. Also, defendant argues that he was penalized during sentencing for going to trial, and the lower court's comments on the decision to stand trial were "at the very least, ambiguous," rendering the sentence invalid. Vacated in part.
Court: Maine Supreme Court, Judge: Jabar, Filed On: May 25, 2023, Case #: 2023ME32, Categories: Sentencing, Assault
J. Palafox finds a lower court correctly terminated a mother’s parental rights. The mother argued there was not adequate evidence to determine she was an unfit mother or remove her parental rights, but child welfare workers provided evidence of the mother’s “ongoing drug use” and “lack of participation in court-ordered services.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 25, 2023, Case #: 08-22-00247-CV, Categories: Evidence, Family Law, Guardianship
J. Lynch finds that the workers' compensation board properly declined to review the denial of a claim in which an airline pilot contends he sustained brain damage from inhaling toxic fumes because the pilot failed to complete the application for review, and his subsequent request for reconsideration was properly denied. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: May 25, 2023, Case #: 534443, Categories: Civil Procedure, Workers' Compensation
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J. Miller denies the assault defendant’s petition for a writ of prohibition to stay the appointment of an expert doctor after his defense counsel urged the trial court to reject the Department of State Hospitals’ certificate of restoration to competency. The relevant code requires that the rejection of a certificate of restoration to competency be based on an expert report supporting the finding that the defendant is incompetent.
Court: California Courts Of Appeal, Judge: Miller, Filed On: May 25, 2023, Case #: A166307, Categories: Competence, Assault, Due Process
J. Barrett finds that the circuit improperly ruled for an inmate in claims contending he had been attacked on orders from a correctional officer because the circuit misapplied the legal standard and operated under the wrongful belief that decisions denying summary judgment were not reviewable. Reversed.
Court: US Supreme Court, Judge: Barrett, Filed On: May 25, 2023, Case #: 22-210, Categories: Civil Procedure, Negligence
J. Deahl upholds the trial court's refusal to find for defendant on his claim the government failed to turn over ballistics evidence in his assault case, and that he received ineffective assistance due to his attorney's failure to pursue a third-party perpetrator defense. Defendant fails to show the government knew about the ballistics proof, and defense counsel's decision not to use the third-party defense was reasonable. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: May 25, 2023, Case #: 19-CO-0745, Categories: Evidence, Ineffective Assistance, Assault
J. Davila grants final approval to a $50 million settlement that will end the consumers' class action against Apple alleging that MacBooks that came with defective "butterfly" keyboards that would fail after a year of use. Class members will receive cash payments ranging from $50 to $395, with those who experienced two or more particular repairs receiving the highest payment. The settlement represents between 9% and 28% of the total estimated damages at trial which "falls squarely within acceptable recovery ranges in this district."
Court: USDC Northern District of California, Judge: Davila, Filed On: May 25, 2023, Case #: 5:18cv2813, NOS: Other Contract - Contract, Categories: Settlements, Warranty, Class Action
J. Horton finds the trial court properly terminated the mother’s parental rights to her two-year-old son. The mother abandoned the child at the hospital within four days of his birth and was located at a rehab facility a few days later. She admitted at that time to having recently used meth and opiates. Records of the mother’s positive drug tests were properly admitted, and all evidence supports the best-interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: May 25, 2023, Case #: 09-22-00392-CV, Categories: Family Law, Guardianship
J. Garry finds that the lower court properly declined to review denial of an inmate's grievance that his institutional account continued to be deducted for restitution imposed upon his murder conviction. The inmate contends the repayment order expired after 20 years, but the commitment papers contained no such deadline. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: May 25, 2023, Case #: 535870, Categories: Restitution, Prisoners' Rights
J. Foote finds an Acadiana parish school board’s actions on racial desegregation over the last year — “sudden unexplained changes in positions and general obstructionism” — have “severely” undermined its bid to end nearly 60 years of court oversight. As a result of the board’s refusal to negotiate with Black plaintiffs, even on agreed-upon remedies to foster “graduation pathways,” the South Louisiana school district may not apply for an end to court-supervised racial desegregation until the fall of 2026.
Court: USDC Western District of Louisiana , Judge: Foote, Filed On: May 25, 2023, Case #: 6:65cv11314, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Judiciary
J. Baker denies the board’s motion for summary judgment in a civil rights and retaliation action brought by the police captain alleging that he was fired due to his involvement in investigating sexual harassment complaints filed by three female officers against the former chief of the Savannah State University Police Department. The captain sufficiently shows that he was engaged in protected activity when he actively opposed the alleged harassment. He also points to sufficient evidence of a causal relationship between the protected activity and his termination, as well as evidence that the proffered reason for his termination was pretextual.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: May 25, 2023, Case #: 4:21cv148, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Retaliation
Per curiam, the appellate division finds that the lower court properly enjoined the city from charging co-payments to Senior Care health insurance plan beneficiaries, a Medicare supplemental insurance offered to current and retired city employees. The mostly retired beneficiaries would suffer irreparable harm by delaying or foregoing medical care if they were required to continue paying the co-payments pending the outcome of this case. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 02822, Categories: Health Care, Pensions, Restraining Order
J. Williams finds that the lower court properly terminated the mother's parental rights to the child. Contrary to her argument on appeal, the evidence sufficiently supports the endangerment findings, as well as the best interest findings. The parents had a "toxic and abusive relationship," and the mother was incarcerated throughout the case. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: May 25, 2023, Case #: 11-22-00341-CV, Categories: Civil Procedure, Family Law
J. Clark finds that the lower court improperly held that the former paramour of an unborn child's mother had been the "functional equivalent" of a parent at the time he neglected to put a care plan in place upon being sentenced to incarceration. The child was put in foster care after testing positive for drugs following birth, but the department of county social services failed to follow up on paternity testing or investigate whether proffered family members might be able to care for the child after the mother admitted to allegations of neglect. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: May 25, 2023, Case #: 533771, Categories: Family Law
J. Arguello denies a condo owner summary judgment in defamation claims contending the homeowner's association board accused the owner of delaying insurance payments for hurricane damage because an issue of material fact exists as to whether the board president's statement that the insurer viewed the condo owner as a "bad risk and a moral blight on our community” had been substantially true.
Court: USDC Colorado, Judge: Arguello, Filed On: May 25, 2023, Case #: 1:21cv3029, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Baker denies the board's motion for summary judgment in a civil rights and retaliation action brought by the police lieutenant alleging that he was fired due to his involvement in investigating sexual harassment complaints filed by three female officers against the former chief of the Savannah State University Police Department. The lieutenant sufficiently shows that he was engaged in protected activity when he opposed the alleged harassment. He also points to sufficient evidence of a causal relationship between the protected activity and his termination, as well as evidence that the proffered reason for his termination was pretextual.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: May 25, 2023, Case #: 4:21cv147, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Retaliation
J. Groban finds the trial court properly convicted defendant for murder, though the court of appeal improperly affirmed the sentencing enhancements for his association with a criminal street gang and for firearm use. The jury was not instructed, as required by a recent Assembly Bill, that the predicate offenses must have “commonly benefited [the] criminal street gang, and the common benefit from the offenses is more than reputational.” It was not proven whether defendant’s claims of gang association were true or not, and the firearm enhancement is contingent upon the gang enhancement. The court of appeal’s affirmation of the enhancements is reversed and remanded.
Court: California Supreme Court, Judge: Groban, Filed On: May 25, 2023, Case #: S273134, Categories: Murder, Sentencing, Gangs
J. Wright grants in part six individuals' renewed motion for class certification regarding challenges to the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services' handling and processing of Special Immigrant Juvenile petitions. The numerosity, commonality, typicality and adequacy requirements are satisfied, therefore the class is certifiable for the tolling provisions claim. However, with respect to the missed deadline claim, the commonality requirement is not satisfied
Court: USDC Central District of California, Judge: Wright, Filed On: May 25, 2023, Case #: 2:22cv1510, NOS: Other Statutory Actions - Other Suits, Categories: Immigration, Class Action
J. Casper denies, in part, a software company's motion to dismiss a healthcare company's claims related to a contract to develop electronic medical records. The healthcare company has sufficiently pleaded its claims for breach of contract and breach of the implied covenant
of good faith and fair dealing.
Court: USDC Massachusetts, Judge: Casper, Filed On: May 25, 2023, Case #: 1:22cv11212, NOS: Other Contract - Contract, Categories: Health Care, Contract, Technology