205 results for 'filedAt:"2023-06-29"'.
J. Egan finds that the lower court properly classified defendant as a level two sex offender with a sexually violent offender designation because reliable hearsay evidence in a sworn felony complaint supported the classification based on his "continuing a course of sexual misconduct" over a short time frame. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: June 29, 2023, Case #: 533708, Categories: Sentencing, Sex Offender
J. Fisher finds that the lower court should have dismissed personal injury claims brought after plaintiff lost control of his motorcycle after landing in a hole on a motocross track during a practice jump. The doctrine of primary assumption of risk applied because plaintiff made a second attempt at the jump after the first attempt made his bike "react funny" for some indecipherable reason. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: June 29, 2023, Case #: 535381, Categories: Tort
J. Golemon finds the trial court properly determined that defendant is a sexually violent predator, civilly committing him. The record shows that the evidence, including other, separate convictions for indecency with a child, was factually sufficient to support commitment. The jury heard expert testimony that defendant suffers from a behavioral abnormality as well as defendant's testimony that he does not pose a risk of reoffending. The Ninth District does not usurp the jury’s role to determine witness credibility, or the weight given the testimony. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: June 29, 2023, Case #: 09-22-00278-CV, Categories: Evidence, Sex Offender, Commitment
J. Rodriguez finds for the city, the county board, and the state attorney general in claims contending plaintiff was wrongfully arrested based on an invalid warrant because the arresting officer and employees at the prison facility called the county sheriff to confirm the warrant remained active. Meanwhile, other officials are immune from suit absent allegations of a wrongful policy or custom.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: June 29, 2023, Case #: 1:19cv12946, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Jones finds the trial court properly convicted defendant, a medical doctor, for tax evasion. All evidence on the record supports conviction. Defendant offers no reason to believe that the prosecutor's questions as to taxes for years that were not before the court prejudiced the jury. Given the weight of evidence presented, there is no significant possibility that these questions—which defendant did not answer, and the court instructed the jury to disregard—had a substantial impact on the verdict. The trial court assessed any prejudicial effect and the Fifth Circuit defers. Affirmed.
Court: 5th Circuit, Judge: Jones , Filed On: June 29, 2023, Case #: 22-60350, Categories: Evidence, Tax, Jury Instructions
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Per curiam, the circuit finds that the district court should have granted members of the police department qualified immunity in malicious prosecution claims concerning an investigation of allegations that a father sexually abused two of his children. The charges against the father were later dismissed, but officers had probable cause to submit search and arrest warrants based on the mother's sworn statement concerning the children's allegations, even if she attempted to revoke the statement when the children recanted. Reversed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 29, 2023, Case #: 21-2847, Categories: Malicious Prosecution, Immunity
Per curiam, the appellate division finds that a part time veterinarian assistant was properly denied unemployment benefits on grounds that she left her job voluntarily without good cause after expressing dismay about long hours and unpredictable scheduling. After finishing a shift, the assistant did not return to work; she initially received benefits but was charged with recoupment after misrepresenting that her job had ended due to lack of work. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: CV-22-2397, Categories: Civil Procedure, Employment
J. Graves finds the district court properly dismissed defendant's claims of false imprisonment against the bondsman who petitioned the court to issue an arrest warrant due to defendant's failure to check in and provide contact information per contract. Defendant was arrested pursuant to a valid arrest warrant, and so there can be no cause of action for false imprisonment. The pleadings must “reveal beyond doubt that [defendant] can prove no set of facts” that would overcome the bondsman's defense or otherwise entitle him to relief. The district court erred in dismissing the contract breach claim. Affirmed in part, reversed in part.
Court: 5th Circuit, Judge: Graves , Filed On: June 29, 2023, Case #: 22-40241, Categories: Bail, Contract
J .Goff finds that defendant was properly found to be a habitual sex offender because the admission of irrelevant prior incidents constituted harmless error since the incidents neither proved nor disproved the charges. Affirmed.
Court: Indiana Supreme Court, Judge: Goff, Filed On: June 29, 2023, Case #: 23S-CR-165, Categories: Evidence, Sex Offender
J. Gadola finds that the trial court improperly ruled in favor of the department director in a declaratory relief action brought by a catering company challenging an emergency order which placed limitations on gatherings at food service establishments between March and April 2021 due to the Covid-19 pandemic. The challenge is not moot even though the order is no longer in effect and the company no longer operates its catering business because the director's exercise of authority under the order is an issue of public significance that is likely to reoccur. The legislature's delegation of authority to the director pursuant to the order was unconstitutional. The order affected "virtually every aspect" of citizens' daily lives and livelihoods. Reversed.
Court: Michigan Court of Appeals, Judge: Gadola, Filed On: June 29, 2023, Case #: 361727, Categories: Covid-19
J. Keough finds the trial court erroneously sua sponte determined a services agreement between the consulting firm and the client was illegal and void. The client never raised the issue as an affirmative defense and the consulting firm was unable to properly defend against the argument. However, because the client made sure the firm was compensated for services provided during an acquisition, albeit through payment from a third party, the contract claim filed by the consulting firm was meritless and summary judgment was warranted. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: June 29, 2023, Case #: 2023-Ohio-2177, Categories: Civil Procedure, Contract
J. Petersen finds that the trial court properly refused to suppress recordings of jailhouse phone calls that defendant made to his wife. He gave implied consent under the Interception Act's consent exception. An inmate handbook, a placard next to the phone and a pre-call message notified him that his calls might be monitored or recorded. Though he did not have an alternative to the jail's phone, the surveillance policy is a reasonable security measure. Affirmed.
Court: Utah Supreme Court, Judge: Petersen, Filed On: June 29, 2023, Case #: 20210470, Categories: Evidence, Domestic Violence, Kidnapping
J. Vance grants a request by two residents of Washington State, a woman and her husband, dismissing, on jurisdictional grounds, a complaint by her brother, also of Washington State, who sued them alleging they stole funds from their mother’s life insurance policy that were intended for him. The self-represented brother fails to support his allegation that his sister and brother-in-law are residents of Louisiana, after they presented documentation to the contrary, including their Washington State driver’s license and the brother-in-law’s concealed pistol permit. The litigating brother’s response, that their deceased mother was “domiciled” in Slidell, Louisiana, is irrelevant. The suit is dismissed for a lack of diverse citizenship among litigants, required for federal jurisdiction.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: June 29, 2023, Case #: 2:23cv265, NOS: Other Contract - Contract, Categories: Fraud, Insurance, Jurisdiction
J. Schutz finds that the lower courts properly held that a workers' compensation claimant failed to timely file for a division-sponsored independent medical examination to challenge a final admission of liability. A final admission of liability is valid even if the permanent partial impairment rating of zero was arrived at without an in-person examination. An in-person examination is better, but relying solely on the medical record affects the final determination's persuasiveness, not its validity. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: June 29, 2023, Case #: 22CA1663, Categories: Administrative Law, Workers' Compensation
J. Mathis finds the lower court erroneously granted the jail nurse's motion for summary judgment on the estate's deliberate indifference claim. He knew the detainee had lost consciousness when he examined her injuries and, under jail policy, he was required to transfer the detainee to the hospital. The failure to follow jail policy, when combined with the fact the nurse examined the detainee three times in the span of 10 minutes, is sufficient to allow a jury to find he acted recklessly; therefore, the claims against him will be reinstated. Meanwhile, previous cases from this court with similar circumstances would have put the nurse on notice that a failure to act when a detainee has seizures and loses consciousness would violate their constitutional rights, and so he is not entitled to qualified immunity. Reversed in part.
Court: 6th Circuit, Judge: Mathis, Filed On: June 29, 2023, Case #: 22-3904, Categories: Civil Rights, Immunity, Wrongful Death
J. Varlan grants summary judgment to the U.S. government in this case concerning certain federal tax liens and "the proceeds from the sale of real property." The tax liens against the decedent "remain in force" and encumber the property at issue, despite its transfer to a construction company. Further, the argument that the lien was "conclusively extinguished" is unavailing, and the defendant construction company "did not obtain priority over plaintiff's interest in the Real Property."
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: June 29, 2023, Case #: 4:21cv51, NOS: Foreclosure - Real Property, Categories: Property, Tax, Foreclosure
J. Aarons finds that the lower court properly convicted defendant after she pleaded guilty to manslaughter and criminally negligent homicide for hitting her young son in the stomach with a closed fist. Defendant sought to suppress statements she made to police without a Miranda warning, but she had not been in custody at that time. Meanwhile, statements she made after receiving Miranda warnings did not result from police coercion. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: June 29, 2023, Case #: 112302, Categories: Miranda, Manslaughter, Negligent Homicide
J. Flaum finds that the lower court properly denied defendant's motion for judgment of acquittal based on an entrapment defense. Defendant was convicted of attempted enticement of a minor after he used a dating app to arrange a sexual encounter with a 15-year-old boy. The FBI agent posing as a 15-year-old gave defendant multiple opportunities to "walk away" from the encounter by waiting long periods of time to respond to messages, but defendant persistently engaged the agent even after he knew the purported minor was underage. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: June 29, 2023, Case #: 22-1808, Categories: Child Victims, Entrapment
J. Carlyle finds that the lower court properly terminated the parental rights of the mother and the father to their child and named the Department of Family and Protective Services sole managing conservator of the mother's child. The father's appointed counsel has indicated that there are no grounds for reversal, and the court agrees, noting "ample evidence" of endangerment. As to the mother, she "refused to believe her children's outcries," and there was evidence that she was "indifferent" towards the alleged abuse. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 29, 2023, Case #: 05-23-00134-CV, Categories: Evidence, Family Law
Per curiam. The Eighth Circuit finds a lower court properly dismissed a class of employees motion for an award of appellate attorneys' fees concerning violations of the Fair Labor Standards Act. The class argued that the lower court abused discretion by reducing a fee award based on its attorney's preposterous behavior. However, the class of employees were not the prevailing party. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: June 29, 2023, Case #: 21-3537, Categories: Damages, Attorney Fees, Class Action
J. Erickson finds a lower court properly dismissed a property owner's due process claims against a County concerning its solid waste ordinance. The civilian argued that the ordinance did not apply to him, and that he was entitled to a monetary recovery after the County filed a criminal complaint, which resulted in jail time. However, the County sufficiently showed in court that it did not establish the ordinance in order to prosecute land owners as part of a "continuing, widespread, persistent pattern." Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: June 29, 2023, Case #: 22-1499, Categories: Property, Due Process
J. Grasz finds a lower court properly sentenced a defendant to 142 months in prison for possession of child pornography, but erred in imposing special conditions on his use of computers. The government argued that the defendant is not entitled to use a computer. However, the imposition is unreasonable because it is a deprivation of his liberty. Reversed in part.
Court: 8th Circuit, Judge: Grasz, Filed On: June 29, 2023, Case #: 22-2867, Categories: Sentencing, Child Pornography, Civil Rights
J. Hixson finds the lower court improperly determined the amount of restitution. Defendant was convicted of aggravated assault and being a convicted felon in possession of a firearm for pistol whipping and shooting a co-worker multiple times over an argument about a broken machine. Defendant received an effective 45-year sentence and was ordered to pay restitution in the amount of $25,474. The lower court improperly evaluated defendant’s ability to pay the restitution, was incorrect in its statement that defendant would be able to convert the restitution to a civil judgment after a year, and evidence is insufficient to support the amount of restitution ordered by the lower court. The matter is remanded for a new restitution hearing. Reversed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: June 29, 2023, Case #: W2022-00656-CCA-R3-CD, Categories: Firearms, Assault, Restitution
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by creating a disturbance, fighting, and refusing a direct order as a participant in a melee involving 65 prisoners because the misbehavior report and video surveillance footage contradicted the inmate's version of events. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 535425, Categories: Evidence, Prisoners' Rights