126 results for 'filedAt:"2023-11-03"'.
Per curiam, the court of civil appeals finds that the lower court properly terminated the father's parental rights to the child. The father argues on appeal that the status quo was an alternative to the termination of his rights. However, the court notes that the father and the child "have no relationship, much less a beneficial one worthy of preserving." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: November 3, 2023, Case #: CL-2023-0256, Categories: Family Law
J. Hester finds that defendant was properly convicted of first degree murder and being a convicted felon in possession of a firearm. In this case, the evidence shows that defendant entered his estranged wife's garage, waited until his wife's child returned from school and followed him into the house. Defendant then waited for his wife to return later that night and shot her in two separate rounds of gunfire. Therefore, the evidence does not show that defendant shot the wife in the heat of the moment after realizing that she had been gone on vacation with another man. Further, the wife's son testified that defendant told him to not tell the wife that he was there when she called on the phone and pulled out a gun as soon as the wife entered the house. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: November 3, 2023, Case #: 2023 KA 0117, Categories: Evidence, Murder
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
[Consolidated.] J. Edwards finds that the lower court properly denied the mother's custody-modification petitions. The mother fails to show that the application of the McLendon standard violated her due process or equal protection rights. Also, the evidence does not show that placement with the mother would promote the best interests of the children. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: November 3, 2023, Case #: CL-2023-0074, Categories: Evidence, Family Law
J. Zmuda finds the trial court properly denied defendant's motion for acquittal at the conclusion of his trial on arson and attempted murder charges. Although no eyewitness placed him at the scene of the crime, a lighter recovered less than 15 feet from the property contained his DNA, while he was also seen at the property in the days following the fire, which was sufficient for the jury to convict him. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: November 3, 2023, Case #: 2023-Ohio-4009, Categories: Evidence, Murder, Arson
J. Murray finds that the lower court properly sentenced defendant for attempting to elude police during a traffic stop and causing a collision shortly after speeding away. The police had probable cause to search defendant’s cellphone, which linked him to the stop and the theft of the vehicle he was driving among other crimes. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: November 3, 2023, Case #: J-A15044-23, Categories: Evidence, Search, Sentencing
J. Colloton finds a lower court properly dismissed a group of protestors' excessive force claims against a group of police officers. The class of protestors, who gathered at the Backwater Bridge in Morton County, argued that they suffered injuries when law enforcement sprayed them with tear gas and rubber bullets when they tried to remove dump trucks parked on the bridge. However, the county presented sufficient evidence in court that the officers did not effect a seizure during the protest, but instead, a dispersal of a crowd. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: November 3, 2023, Case #: 22-1246, Categories: Civil Rights, Evidence
J. Loken finds a lower court properly sentenced a defendant to 72 months in prison and three years probation after he pleaded guilty to being a felon in possession of a firearm. The defendant argued that his sentence is unreasonable. However, the defendant has a prior conviction for second-degree robbery, which is a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: November 3, 2023, Case #: 22-3634, Categories: Firearms, Robbery, Sentencing
J. Cain declines to find in favor of the railway company on the property owner's class action claims that his property was contaminated by the storage and transfer of creosoting products from nearby properties by the railway company. Although further discovery will be necessary to support the property owner's claims, he has provided sufficient evidence at this point to refute the railway company's contention that there was no creosote contamination near the owner's property.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: November 3, 2023, Case #: 2:20cv53, NOS: Torts to Land - Real Property, Categories: Property, Tort, Class Action
Per curiam, the Fifth Circuit finds the district court properly dismissed the claims of the heir and personal representative of the estate of the Cuban American decedents whose property was confiscated by the Castro regime before the enactment of the Helms-Burton Act, but who died after, leaving the property to the heir. The Act creates a private right of action against anyone who trafficks in expropriated property, but is limited to property taken before the statute’s enactment. Because the heir acquired the claim after the statute took effect, the action is foreclosed. The Fifth Circuit also denies the heir’s motion to certify to the Florida Supreme Court immaterial questions regarding the timing of an heir’s acquisition of ownership. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 3, 2023, Case #: 23-20191, Categories: International Law, Property, Wills / Probate
[Consolidated.] Per curiam, the Fifth Circuit finds the trial court properly convicted all defendants for multiple charges stemming from a multi-million-dollar conspiracy involving fraudulent certification of patients as eligible for hospice care. The certifying doctor admitted that he did not know whether the patients were eligible even as he signaled to Medicare that they were. All evidence supports the convictions. An involved nurse did not meet her burden of showing that she was “among the least culpable.” Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 3, 2023, Case #: 21-11225, Categories: Fraud, Conspiracy, Accomplice Liability
J. Greene finds that the lower court improperly dismissed the motorist's injury claims against the state department of transportation over a crash at a highway-railroad crossing. Based on the evidence, there are genuine issues of material fact as to whether the department "had custody of the railroad pavement markings and lights." Reversed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: November 3, 2023, Case #: 2023CA0457, Categories: Civil Procedure, Tort
J. Bear finds the lower court properly denied defendant's petition for habeas relief. While defendant's kidnapping conviction was based primarily on identification evidence from the victim, the failure by his attorney to call an identification expert witness did not constitute ineffective assistance. The attorney's focus on the victim's inability to recall various details from the abduction and his intoxication at the time of the crime was a sound and reasonable strategy. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bear, Filed On: November 3, 2023, Case #: AC45756, Categories: Habeas, Ineffective Assistance, Kidnapping
J. Chun denies Canpotex Shipping Services' motion to dismiss the marine fuel logistic company's contract and unjust enrichment claims, which are part of the company's lawsuit alleging that the owner did not pay the company for the vessel's fuel. Canpotex claims that a Greek court found that the company does not have viable contractual claims against it, but a Canadian court also determined that the parties do have a contractual relationship, and it would be premature to decide anything before Greece's highest court hears the company's appeal.
Court: USDC Western District of Washington, Judge: Chun, Filed On: November 3, 2023, Case #: 2:15cv172, NOS: Marine - Contract, Categories: Admiralty, Venue, Contract
J. Proctor denies a couple’s motion for partial summary judgment in this lawsuit over flooding on their property caused by drainage from a steel company’s property for trespass and nuisance. The court grants, in part, summary judgment to the steel company on the couple’s injunction claim. The couple stated in the first amended complaint the injunction as a separate claim, however, “an injunction is a remedy, not a separate claim or cause of action.” All other claims are denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 3, 2023, Case #: 2:18cv1693, NOS: Torts to Land - Real Property, Categories: Property, Negligence, Injunction
[Consolidated.] J. Minor withdraws the prior opinion in these consolidated appeals and substitutes the current opinion, holding that the lower court improperly dismissed the charges against defendants "based solely on its determination before trial that the prosecution's witnesses were not credible." The lower court lacked the authority to dismiss the charges in these separate cases, which involve alleged violations of various municipal ordinances, based on its pretrial determination of credibility. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: November 3, 2023, Case #: CR-2022-0505, Categories: Criminal Procedure, Witnesses
J. Duhart finds defendant's speedy trial rights were not violated when she was brought to trial more than 270 days after being charged with assault. Although the domestic violence charge added to her indictment arose from the same set of facts and did not restart the speedy trial clock, the multiple continuances filed by defendant and her attorney tolled the clock and rendered the delay reasonable. Meanwhile, the failure by defendant's attorney to object to police bodycam footage admitted at trial did not constitute ineffective assistance because the statements on the video were excited utterances made immediately after the fight between defendant and the victim and, therefore, any objection would have been overruled. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: November 3, 2023, Case #: 2023-Ohio-4403, Categories: Ineffective Assistance, Domestic Violence, Speedy Trial
J. Doyle finds that the trial court properly ruled in favor of the assisted living facility in a premises liability and negligence action brought by the widow arising from injuries her husband suffered in a trip-and-fall incident which led to his death days later. The uneven pavement seam where the husband tripped was a readily observable static condition of which the husband and the owner had equal knowledge. Evidence that an employee of the facility had tripped in the area does not mean that the owner's knowledge of the hazard was superior to the husband's. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: November 3, 2023, Case #: A23A0883, Categories: Negligence, Premises Liability
J. Miller finds that defendant was properly convicted of manslaughter. In this case, defendant confessed to stabbing the victim, the father of defendant's child, hours after his death, and eyewitnesses told police that defendant stabbed the victim during an argument over text messages he sent to another woman on defendant' s phone. Further, defendant's claim that her brother was the actual person who stabbed the victim was not supported by the evidence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: November 3, 2023, Case #: 2023 KA 0332, Categories: Evidence, Manslaughter
J. Conley finds against the U.S.-Syrian dual citizen and her Syrian national son in the dual citizen's petition for a writ of mandamus forcing the federal government to finish adjudicating her son's bid for U.S. citizenship before he turns 18 on November 11, 2023, and can no longer acquire automatic U.S. citizenship under applicable federal laws. The relatively short delay in adjudicating the dual citizen's son's case since his visa interview on August 30, 2023, which led a consular official to deny his application and forward his case for "administrative processing," is not egregious or unreasonable enough to warrant an injunction, so the motion is denied.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: November 3, 2023, Case #: 3:23cv629, NOS: Other Immigration Actions - Immigration, Categories: Government, Immigration
[Consolidated.] J. Hodges finds that the trial court properly awarded legal title of a property to the company subject to the bank's security deed in a quiet title action brought by the company. Although neither the defective security deed itself or an assignment provided constructive notice of the bank's security interest, the trial court correctly found that the company was under inquiry notice of the bank's security interest in the property. There is nothing in the record to allow the appeals court to properly evaluate whether the trial court correctly assessed special master's fees against the bank, therefore the case is remanded for further proceedings. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: November 3, 2023, Case #: A23A0719, Categories: Property
J. McClendon finds that the trial court properly found a law firm to be liable to a client for damages caused by legal malpractice regarding the handling of a discrimination and retaliation suit. The client attested that she was notified her employment was being terminated on January 31, 2017, that she retained the law firm to represent her at that time, and that the law firm did not initiate suit until August 14, 2018, with her claims being dismissed with prejudice on the basis of prescription. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: November 3, 2023, Case #: 2023 CA 0281, Categories: Evidence, Legal Malpractice