170 results for 'filedAt:"2023-07-26"'.
J. Badding finds that defendant was properly convicted of first-degree murder for shooting his girlfriend's paramour because malice aforethought was established by evidence indicating defendant followed the victim and engaged in an extended confrontation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: July 26, 2023, Case #: 21-1718, Categories: Evidence, Intent, Murder
J. Powers finds the juvenile court erred by dismissing a petition for adoption of a mother’s birth daughter by her husband, the child’s stepfather, who died during the pendency of this action. When a petitioner dies, “the adoption petition does not automatically abate.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: July 26, 2023, Case #: A176866, Categories: Family Law
J. Schumacher finds that the mother’s parental rights were properly terminated. She failed to provide critical care to her premature newborn, brought her other child to the emergency room with suspicious fractures and had a history of illegal drug use. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: July 26, 2023, Case #: 23-0886, Categories: Family Law, Guardianship
J. Windhorst finds that the trial court properly granted a driver's motion to reinstate his license after being arrested for drunk driving. The driver requested an administrative hearing to contest the Office of Motor Vehicle's decision to disqualify him from operating a commercial motor vehicle for one year. In this case, the Office did not show that the police officer had reasonable grounds to believe that the driver had been driving under the influence of alcohol at the time of the traffic stop. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: July 26, 2023, Case #: 22-CA-374, Categories: Administrative Law, Licensing, Contract
J. Long finds the trial justice properly denied plaintiff's motion for a new trial after being convicted of operating a vehicle in reckless disregard of the safety of others that resulted in a death. Evidence supported his conviction and because he did not to raise his evidentiary objection before the trial justice, he waived it. Affirmed.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: July 26, 2023, Case #: 20-229, Categories: Vehicular Homicide
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J. Mayle finds the lower court properly terminated the mother's parental rights and granted permanent custody of her children to family services. Although she obtained stable housing, she failed to remedy the primary issues that led to the children's initial removal, including a refusal to attend counseling sessions or send the children to school, and continuing her relationship with their abusive father. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: July 26, 2023, Case #: 2023-Ohio-2576, Categories: Evidence, Family Law
J. Powers finds the Employment Appeals Board properly affirmed a worker’s disqualification from unemployment benefits on the ground that she voluntarily quit work without good cause. “There is substantial evidence in the record to support the board’s findings.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: July 26, 2023, Case #: A177457, Categories: Employment
J. White denies the competing motions for summary judgment in this lawsuit alleging that the former public employee's free speech rights were violated in connection with his termination. The employer argues that he reasonably believed the perceived speech to be "a matter of private, not public, concern." However, this characterization of the perceived speech is not reasonable, as there was not "an objectively reasonable investigation." Accordingly, the employer is "not entitled to judgment as a matter of law." The employee's official capacity claim will also proceed to the jury.
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: July 26, 2023, Case #: 6:20cv67, NOS: Employment - Civil Rights, Categories: Civil Procedure, Constitution, Employment
J. Hellman finds the trial court erred in judging defendant, who was convicted of menacing constituting domestic violence and harassment constituting domestic violence, was prohibited from possessing firearms or ammunition because neither crime is a “qualifying misdemeanor.” The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: July 26, 2023, Case #: A174750, Categories: Firearms, Domestic Violence, Harassment
J. Lagesen finds the trial court erred in order continuing a Family Abuse and Prevention Act (FAPA) restraining order that prohibits her from contact with her older sister. “While demonstrating that respondent brutally assaulted petitioner while intoxicated, [the facts] are not sufficient to support a determination that respondent, at the time of the continuation hearing, posed a credible threat to petitioner’s physical safety.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: July 26, 2023, Case #: A178723, Categories: Restraining Order
J. Duffy finds that a lower court properly found in favor of a buyer who was sued by a seller after the buyer allegedly breached their contract by failing to purchase the seller's interest in an oilfield business. As the lower court established, the buyer was unable to find financing to complete the deal, and this financing was "a condition precedent to an enforceable contract." Affirmed.
Court: New Mexico Court of Appeals, Judge: Duffy, Filed On: July 26, 2023, Case #: A-1-CA-38912, Categories: Energy, Tort, Contract
J. Jensen finds that the circuit court properly denied a writ certiorari sought by a company which purchased a quarry that had operated since 1986 under a state license to mine sand, gravel and rock. After the purchase, the Hanson County Zoning Administrator advised the company that because the quarry is located in a district that is currently zoned as agricultural, it would need a conditional use permit (CUP) under a county ordinance in order to extract sand, gravel and rock from the site. The zoning administrator properly determined that a CUP was required to continue mining operations. Affirmed.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: July 26, 2023, Case #: 2023SD38, Categories: Licensing
J. O'Neil finds a lower court properly convicted a defendant for second- degree murder, theft, and theft of means of transportation. The defendant argued that his concurrent prison terms are unreasonable. However, the defendant funneled money from the bank account of a man whom he murdered, whose decomposed body was found by police officers, and then turned over a hand written note to another inmate, confessing the murder in detail, which the government deemed it as a " voluntary by a preponderance of the evidence." Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: O'Neil, Filed On: July 26, 2023, Case #: 2 CA-CR 2022-108, Categories: Evidence, Murder, Theft
J. Anderson affirms the Court of Appeals' finding that the district court did not abuse its discretion by excluding a body-worn camera recording of an assault victim's statements as inadmissible hearsay. The statements do not qualify as "excited utterances" under an exception to the Minnesota rule of evidence regarding hearsay since no ongoing emergency existed at the time the victim made them and they included descriptions of events that occurred several hours previously or even longer ago.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: July 26, 2023, Case #: A22-0161, Categories: Evidence, Assault, Domestic Violence
J. Thissen finds that restrictions put on place by the district court banning the public from the defendant's first-degree aggravated robbery trial was a closure that implicated, but did not necessarily violate, the defendant's right to a public trial. While the availability of the trial to the public through a one-way video feed meant that the public-trial right was not necessarily violated, the record is insufficient to determine whether there was such a violation, and so the case is remanded to the district court for further proceedings to determine whether any violation occurred. Reversed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: July 26, 2023, Case #: A20-1638, Categories: Fair Trial, Robbery
Per Curiam, the Minnesota Supreme Court finds no clear error in the Lawyers Professional Responsibility Board panel's finding that attorney Michelle MacDonald had not proven by clear and convincing evidence that she had undergone the requisite moral change for reinstatement to the practice of law. The attorney's participation in a prayer circle with a judge she allegedly made false on-air statements about falls short of demonstrating remorse for improper actions, and her continued conduct after filing her petition for reinstatement, including assisting an individual in serving frivolous notices upon third parties, remains unaccounted for in this demonstration of remorse or any others.
Court: Minnesota Supreme Court, Judge: Per curiam, Filed On: July 26, 2023, Case #: A21-1636, Categories: Attorney Discipline
J. Seeger partially grants a pair of former executives' motion to dismiss fraud, conversion and conspiracy charges brought by the packaging company they once led. The company filed the charges against the former executives, both of whom it previously let go, after discovering they had set up a digital back door into its confidential files. This back door, in the form of a bogus employee email account, allowed the executives to access company information long after they had been let go. The company has plausibly alleged its fraud claims, but its conversion and civil conspiracy claims are both blocked by the Moorman doctrine.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: July 26, 2023, Case #: 1:22cv6858 , NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Fraud, Trade Secrets, Conversion
J. Hamilton partially grants the prison officials' motion for summary judgment in the prisoner's suit alleging that they retaliated against him for filing inmate appeals. The officials have demonstrated that there are no issues of material fact regarding incidents in 2019, but not regarding one prison guard's alleged involvement in a subsequent 2020 incident. Taking the prisoner's claims as true, the guard also would not be entitled to qualified immunity for that incident. The prisoner's motion to compel is denied, however, and he is referred to a pro se mediation program.
Court: USDC Northern District of California, Judge: Hamilton, Filed On: July 26, 2023, Case #: 4:20cv3128, NOS: Prison Condition - Habeas Corpus, Categories: Civil Rights, Prisoners' Rights
J. Golemon finds that the trial court properly convicted defendant for felony fraudulent use or possession of identifying information. Defendant challenges the court’s denial of his motion to dismiss, saying the indictment failed to allege which pieces of identifying information belong to which of the four complainants. He says that an indictment for such fraudulent use or possession requires that there be only one complaining witness per indictment, specifying that witness's specific information. He cites no authority for this. The indictment was sufficient to put defendant on notice of the charges. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: July 26, 2023, Case #: 09-21-00185-CR, Categories: Fraud, Due Process, Identification