153 results for 'filedAt:"2023-10-11"'.
J. LaGrua finds that the trial court properly convicted defendant of murder but improperly convicted defendant of rape. Defendant was charged and convicted of the crimes 18 years after they took place, partially due to new forensic DNA analysis of the victim's sexual assault kit. The trial court incorrectly denied defendant's motion for a directed verdict of acquittal with respect to the rape charge because the state failed to allege an applicable tolling provision or exception to the statute of limitation. The indictment was fatally defective as to the rape charge. Defendant's aggravated assault conviction merged with the murder conviction for sentencing purposes, therefore the statute of limitations for that count is not at issue. Reversed in part.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: October 11, 2023, Case #: S23A0429, Categories: Murder, Sex Offender
J. Evanson grants in part the customer’s claim that the insurance agency had the call center send pre-recorded calls even though he is on the national Do Not Call registry. The customer does not present sufficient evidence from the contract between the insurance agency and the call center that the insurance agency knew what the call center allegedly did, so the former cannot be held vicariously liable for the latter’s alleged activities. The insurer’'s motion to stay discovery in the alternative to bifurcate discovery is denied. If the customer wants to file an amended complaint, he must do so within 14 days of this order.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: October 11, 2023, Case #: 2:23cv16, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Insurance, Consumer Law, Discovery
J. Schostok finds that the lower court improperly limited the employee's award of attorneys fees after he prevailed on the claim that his employer failed to pay him earned commissions for work completed under his contract. The court should not have limited its fee award to only one of the complaint's for counts. Reversed in part.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: October 11, 2023, Case #: 230030, Categories: Employment, Attorney Fees, Contract
J. Wise finds defendant's indictment on several charges of gross sexual imposition and pandering obscenity involving a minor included all language necessary to put him on notice of the charges and allowed him to prepare a sufficient defense, given that it included the specific event and timeframe of his criminal activity. Meanwhile, the video and photographic evidence obtained from both defendant's cell phone and the cameras in the victim's home is sufficient to convict him of the child pornography charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: October 11, 2023, Case #: 2023-Ohio-3704, Categories: Evidence, Child Victims, Child Pornography
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Per curiam, the appellate division finds that the lower court properly denied the school's motion to dismiss a man's claims he was sexually abused by a football coach while a student at the school 50 years ago. The Child Victim Act's revival window for injuries suffered due to sex crimes does not violate due process, as it was a reasonable response to remedy the injustice to child sexual assault survivors caused by the applicable statute of limitations. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 11, 2023, Case #: 05123, Categories: Negligence, Due Process
J. Massa finds that the trial court properly determined a corporation was entitled to tax deeds after purchasing a home following the owners' failure to pay property tax. The auditor fulfilled due process requirements under the tax sale, and the corporation sent the owners certified notice of the purchase. Affirmed.
Court: Indiana Supreme Court, Judge: Massa, Filed On: October 11, 2023, Case #: 23S-TP-00090, Categories: Civil Procedure, Property, Tax
Per curiam, the appellate division finds that the lower court improperly denied the insurer's claim for $437,000 in damages. The insurer is entitled to fully recovery of the amount it paid on a title insurance policy after finding that the mortgage and deed were never recorded, but subsequently reconveyed to another entity. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 11, 2023, Case #: 05119, Categories: Insurance, Contract
Per curiam, the appellate division finds that the lower court improperly denied the bullion seller's motion to vacate a default judgment stemming from its breach of a merchant agreement in which the capital firm agreed to purchase $140,000 of the bullion seller's future receipts for $90,000. The agreement constitutes a criminally usurious loan with more than 25% interest, and the firm is barred from recovering any principal or interest under the agreement. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 11, 2023, Case #: 05121, Categories: Debt Collection
J. Warren finds that the trial court properly convicted defendant of murder, aggravated battery, aggravated assault and firearm offenses. Sufficient evidence was presented to support defendant's convictions. Defendant failed to show that the trial outcome was impacted by the trial court's refusal to give defendant's requested jury instruction on justification. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: October 11, 2023, Case #: S23A0728, Categories: Ineffective Assistance, Murder, Battery
J. Wilkin finds the trial court properly dismissed the property owners' complaint for a prescriptive easement over a road located on adjacent land. Although the pieces of land were once a single property, the owners provided no evidence the road existed at that time or was established prior to the division of the land. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: October 11, 2023, Case #: 2023-Ohio-3784, Categories: Evidence, Property, Real Estate
J. McCaffery finds that the lower court properly denied Pennsylvania permission to refile criminal charges against an inspector in the Philadelphia Police Department for his participation in an alleged reckless assault of another man that occurred while he was off duty. Pennsylvania failed to present sufficient evidence to support a prima facie case of simple assault, conspiracy or reckless endangerment of another person against defendant. Affirmed.
Court: Pennsylvania Superior Court, Judge: McCaffery, Filed On: October 11, 2023, Case #: J-S16036-23, Categories: Evidence, Assault, Conspiracy
[Consolidated] J. Miller finds the trial court erred in its decision against the daughter in a dispute between her mother and other family, a bank, lenders and mortgage assignees over ownership interest, title to and control of three properties in light of the daughter's father's death. In part because the relevant Florida law involving lis pendens does not apply to the claims of ownership the daughter pursued based on recorded deeds and other "duly written instruments," and because there are factual disputes about whether deeds recorded later were fraudulent, the trial court's summary judgment order against the daughter is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: October 11, 2023, Case #: 22-2136, Categories: Fraud, Property, Contract
J. Hendon finds the trial court partially erred in its decision terminating the former husband's obligation to pay monthly alimony under a marriage settlement agreement with the former wife because it never considered the economic factors involved with terminating the former husband's alimony. On remand, the trial court determine whether the former husband's alimony should be fully terminated or just reduced. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: October 11, 2023, Case #: 22-1400, Categories: Family Law, Contract
[Consolidated.] J. Horton finds the trial court properly convicted defendant for indecent sexual acts with a child. Defendant was a longtime friend of the eight-year-old girl’s family before other family members noticed that she behaved nervously around him. When asked about this behavior, the child told many family members of various types of sexual abuse perpetrated by defendant. Forensic interview corroborated the necessarily detailed stories. The jury was free to believe or disbelieve the various testimonies and the appellate court will not reweigh the evidence. No abuse of discretion is found. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: October 11, 2023, Case #: 09-22-00230-CR, Categories: Evidence, Sex Offender, Child Victims
J. Johnson finds the trial court properly convicted the 18-year-old defendant for intoxication manslaughter of a police officer, occurring from an accident caused by his driving on the wrong side of the highway. Evidence shows that defendant did not have a driver’s license, had just attended one or more parties where alcohol was being served, and that his blood alcohol level was well over the legal limit. All evidence supports the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 11, 2023, Case #: 09-22-00269-CR, Categories: Evidence, Manslaughter, Vehicle
Per curiam, the appeals court finds the trial court properly transferred defendant from the Texas Juvenile Justice Department to the Texas Department of Criminal Justice to complete his 12-year sentence for delinquent conduct related to assault with a deadly weapon. Defense counsel has stated that the record shows no reversible error upon which to base an appeal. Counsel's request to withdraw is denied in the juvenile matter. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 11, 2023, Case #: 12-22-00251-CV, Categories: Juvenile Law, Assault, Weapons
J. Hoyle finds the trial court properly convicted defendant for evading arrest with a motor vehicle and brandishing a deadly weapon: the vehicle. Evidence of pending criminal charges was properly admitted as being more probative than prejudicial. Defendant’s blood alcohol level was over the limit and he was found to be in unlawful possession of a shotgun which was found in the vehicle after his arrest. The arresting officer’s testimony on defendant’s dangerous driving was admissible lay testimony, and there is no abuse its discretion in allowing it. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: October 11, 2023, Case #: 12-22-00287-CR, Categories: Escape, Weapons, Vehicle
[Consolidated.] J. Hoyle finds the trial court properly convicted defendant for unlawful possession of a firearm by a felon and assault of an officer. The arresting officer stopped the vehicle in which defendant was a passenger for a license plate violation. Upon smelling marijuana, the officer had probable cause to search the vehicle, finding marijuana residue and a loaded firearm under the passenger seat. Defendant was arrested after a background search showed that he was a convicted felon. He later resisted arrest, assaulting an officer attempting to detain him for violation of his pretrial release conditions. The undisputed facts are sufficient to support the arrests. Whether defendant possessed the firearm or not is immaterial to the events which led to its discovery. Duplicate court costs will be deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: October 11, 2023, Case #: 12-23-00090-CR, Categories: Search, Assault, Weapons
J. Brailsford denies the state's motion to dismiss social justice organizations' allegations that House Bill 340 "is an unconstitutional poll tax in violation of the Twenty-Fourth Amendment and violates the Equal Protection Clause of the Fourteenth Amendment" and that House Bill 124 and 340 violate the Twenty-Sixth Amendment. Bill 340 requires voters to provide proof of identity and Idaho residency. Bill 124 requires registered voters to provide personal identification at the polls in order to vote. The organizations sufficiently allege associational standing "because they have sufficiently alleged redressability and injury-in-fact."
Court: USDC Idaho, Judge: Brailsford, Filed On: October 11, 2023, Case #: 1:23cv107, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
J. Holcomb grants the SEC's partial motion for summary judgment and dismisses an individual's motion for sanctions regarding several Freedom of Information Act requests filed by the individual and the SEC's decision to redact or withhold certain documents. The individual has not included any documents or emails that corroborate his accusations. The individual's "claims of a vast and nefarious conspiracy certainly qualify as extraordinary; regrettably, cursory references to Wikipedia, headlines, and his own book certainly do not."
Court: USDC Central District of California, Judge: Holcomb, Filed On: October 11, 2023, Case #: 5:21cv1637, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record
J. Lazar finds partially in favor of the tenant in a lawsuit from its landlord stemming from multiple contract disputes associated with severe flooding and related damages the tenant's administrative office building suffered from floodwater during a "historic storm" in 2018. Under the plain language of the parties' lease agreement, the landlord is responsible for the costs of repairs and remediation of the flood damage, including to alterations, additions and improvements the tenant made to the property. While the circuit court also correctly found the tenant was entitled to rent abatement until repairs to the building were complete and it was "tenantable," its summary judgment order in favor of the tenant on this issue must be reversed because it did not consider factual disputes over the condition of the entire four-story space as pertains to how much rent abatement the tenant is entitled to for the roughly two months between when an inspector issued conditional and final certificates of occupancy. Affirmed in part.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: October 11, 2023, Case #: 2021AP002149, Categories: Landlord Tenant, Contract
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment to Midwestern State University on disability discrimination claims brought by the tenured professor who was initially denied a request to teach summer classes after his return from leave taken for anxiety and hypertension. He later took leave after being denied the request due to staffing issues, then exhausted his leave after it was granted for cervical spine issues. The professor was then terminated. He presents no evidence that he was either replaced by a non-disabled person or was treated less favorably than a non-disabled person. Other discrimination claims arising from lost income incurred by the denial of his request to teach summer classes must be reconsidered. Affirmed in part. Vacated in part and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 11, 2023, Case #: 22-11140, Categories: Health Care, Employment Discrimination, Employment Retaliation