171 results for 'filedAt:"2023-07-31"'.
J. Colloton finds a lower court properly denied a defendant's motion to suppress evidence that authorities located inside of his residence, after he pleaded guilty to unlawful possession of a firearm as a prohibited person. The defendant, who suffers from metal health challenges and exhibits signs of paranoid behavior, argued that the lower court erred in admitting evidence concerning a statement he made, "I may as well just blow myself up." However, the defendant called 911, disclosing he was a danger to himself and others, and led officers to a bathroom where he stored "Molotov cocktails, gasoline, bottles, and rags." Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: July 31, 2023, Case #: 22-3247, Categories: Evidence, Firearms
J. Montgomery finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of first-degree felony murder, setting fire to personal property, and three counts of aggravated assault for his role in the robbery and death of a man, as well as the burning of the victim's vehicle. Defendant received an effective life sentence. The lower court properly denied defendant’s request for DNA testing of hair samples, as they no longer exist, and he is not entitled to relief under his claim of cumulative error as he did not establish error made in the case. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: July 31, 2023, Case #: E2022-01302-CCA-R3-PC, Categories: Dna, Murder, Assault
J. Montgomery finds the lower court properly convicted defendant of conspiracy to possess more than 26 grams of cocaine with the intent to sell or deliver in a drug-free zone, for manufacturing and selling crack cocaine. Defendant also received a criminal gang enhancement as it was determined that he is a member of a local gang and the acts that led to his convictions were gang-related. Evidence is sufficient to support defendant’s convictions and 15-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: July 31, 2023, Case #: E2022-00601-CCA-R3-CD, Categories: Drug Offender, Sentencing, Gangs
J. Coghlan finds that the lower court properly convicted defendant of felony driving while his license was revoked and was sentenced to 18 months in prison. The admission of a certified copy of his driving abstract did not deny defendant his constiturional right to confrontation. Affirmed.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: July 31, 2023, Case #: 220524, Categories: Confrontation, Vehicle
J. Foote, on remand by the Fifth Circuit for abusing her judicial discretion by closing a predominantly white K-5 elementary school in a predominantly white community, orders the school to remain closed for the 2023-2024 school year pending further guidance from the Circuit. As the evidence demonstrates, there is no plan under which reopening the school contributes to a decades-long effort to desegregate the parish’s public school district’s primary schools, according to the 97-page ruling. If the Fifth Circuit’s remand means that the elementary school must be reopened, the lesser of several “evils” is reopening the school in 2024 as a prekindergarten-first grade school. That proposal balances the benefits of desegregation with the Fifth Circuit’s concerns about closing a local school.
Court: USDC Western District of Louisiana , Judge: Foote, Filed On: July 31, 2023, Case #: 6:65cv11314, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Judiciary
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J. Welch finds the Court of Appeals properly affirmed the circuit court’s ruling that the insurance policies of the individuals who suffered traumatic injuries in car accidents bind the providers to personal injury protection under the law that existed at the time of injury. Later no-fault amendments do not clearly convey an intent to retroactively modify these vested contractual rights. The parties no longer have standing to move forward with due process and equal protection challenges to prospective application of the amendments. Affirmed in part. Reversed in part and remanded.
Court: Michigan Supreme Court, Judge: Welch, Filed On: July 31, 2023, Case #: 164772, Categories: Insurance, Due Process, Contract
J. Boulware Eurie finds that the trial court should have suppressed drugs found in defendant's car during a warrantless search subsequent to a traffic stop for missing vehicle tags. The reason for the stop ended once the officer saw the proper documentation in the vehicle's rear window and he unlawfully prolonged the stop to make further inquiries, which revealed evidence of criminality. Vacated.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: July 31, 2023, Case #: C096555, Categories: Drug Offender, Search
J. D'Apolito finds the trial court's ultimatum to defendant at the conclusion of the second day of his trial on murder and assault charges violated his due process rights. It did not give him an adequate amount of time to consider whether he wished to testify in his own defense. Additionally, the trial court improperly denied defendant's motion to reopen the case and testify the following day based on its assertion there had been no "change in circumstances," as such a change is not required under Ohio law. Therefore, defendant's convictions will be vacated and the case will be remanded for a new trial. Reversed.
Court: Ohio Court Of Appeals, Judge: D'Apolito, Filed On: July 31, 2023, Case #: 2023-Ohio-2639, Categories: Criminal Procedure, Murder, Due Process
J. Powell finds the trial court properly denied defendant's motion to exclude voice identification evidence during his robbery trial. The detective who testified was familiar with defendant's voice, having interviewed him for more than 90 minutes in a separate criminal case years before; therefore, the evidence was properly authenticated and the jury was free to use it as a means of identification. Furthermore, defendant's robbery conviction was not against the weight of the evidence, as he fit the description of the suspect who used a car registered to his mother as a getaway vehicle, and his cell phone indicated he was in the area of the crime at the time it was committed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: July 31, 2023, Case #: 2023-Ohio-2632, Categories: Evidence, Robbery, Identification
J. Lin denies the city's motion for summary judgment against the excessive force portion of the delivery driver's Fourth Amendment claim, which alleges that the city's police officers stopped him and one of them drew their gun and aimed it at the delivery driver without provocation. Although the video of the incident does not show whether the officer pointed his gun at or in the direction of the delivery driver, no reasonable officer should point a firearm at someone who is suspected of traffic infractions and is otherwise not acting in a threatening manner.
Court: USDC Western District of Washington, Judge: Lin, Filed On: July 31, 2023, Case #: 2:22cv483, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Firearms, Police Misconduct
Per curiam, the Texas Courts of Appeals finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. After a weeklong celebration of drinking and cards-and-dominoes-playing, defendant and the victim argued about money owed and defendant struck the victim on the head with a tire iron. Though defendant says the victim attacked him first with a knife, investigating officers found no knife on the property after observing blood on defendant’s shirt, a tire iron with human hair and blood near where defendant had been seated, and fresh, bloody wounds on the victim’s head. All evidence supports conviction and no reversible error is found. Counsel’s motion for leave to withdraw is granted. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: July 31, 2023, Case #: 12-22-00223-CR, Categories: Evidence, Assault, Weapons
J. Schelp finds for the employer in a sex and disability discrimination suit. The employer presented valid reasons for terminating the employee, including his violation of the Covid-19 policy, his excessive time-off, and his argumentative attitude.
Court: USDC Eastern District of Missouri, Judge: Schelp, Filed On: July 31, 2023, Case #: 4:21cv1163, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Neeley finds the trial court properly convicted defendant for continuous sexual abuse of a child. The record does not support defendant’s contention that he signed the trial waiver believing that he was pleading “guilty” pursuant to a plea-bargain agreement. The record shows that the trial judge admonished defendant regarding his right to a jury trial and specifically asked him whether he desired to relinquish that right and proceed to a bench trial. Defendant stated that his attorney did not compel him to relinquish his right to a jury trial, also telling the trial judge, “I want to be tried by you.” Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: July 31, 2023, Case #: 12-22-00300-CR, Categories: Sex Offender, Plea, Child Victims
J. Ezra dismisses a convoluted dispute between two investment companies — the fifth suit between these parties in the Western District of Texas, in this case centered on an alleged “scheme of publishing defamatory accusations” against the suing company in other lawsuits. The suing company has failed to show how the other company has abused court processes or otherwise defamed them. For example, while the suing company argued the competitor at one point used discovery to intentionally publish confidential information, that record was sealed anyways.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: July 31, 2023, Case #: 1:22cv626, NOS: Other Contract - Contract, Categories: Civil Procedure, Defamation, Contract
J. Alonso partially grants an insurance company’s motion for summary judgment, and denies a food company’s cross-motion for summary judgment, on the insurance company’s claims that it owes no duty to defend or cover the food company in an underlying biometric privacy class action. The court finds that the insurance company has no duty to defend the food company only regarding on the underlying complaint’s breach of contract claims. Factual disputes bar summary judgment on the other claims.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: July 31, 2023, Case #: 1:22cv1334, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Shah denies a mortgage firm’s motion to stay this foreclosure case pending a parallel case in state court, but grants its motion to dismiss a homeowner’s fraud claim against it. The court finds that the homeowner’s fraud case is time-barred, as she was aware of the mortgage firm’s allegedly fraudulent tactics to foreclose on her property more than three years prior to filing suit.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: July 31, 2023, Case #: 1:22cv6139, NOS: Insurance - Contract, Categories: Fraud, Insurance, Foreclosure
J. Donahue orders an individual to show cause why his fifth amended pro se complaint for declaratory judgment and damages against the United States Supreme Court, individual Justices "and a six-foot imaginary rabbit named 'Harvey" should not be dismissed for failure to state actionable claims. The individual contends that the Supreme Court’s majority opinion in 303 Creative LLC v. Elenis is illegal and unconstitutional, and he seeks an injunction and a “Billion Trillion Dollars." The individual's claims against the Justices are barred by the doctrine of sovereign immunity and the Justices are entitled to absolute judicial immunity.
Court: USDC Central District of California, Judge: Donahue, Filed On: July 31, 2023, Case #: 2:23cv5579, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution