216 results for 'filedAt:"2024-01-10"'.
J. Swan finds the superior court properly denied defendant's habeas corpus petition after convicting him of first-degree murder and sentencing him to life imprisonment. Defendant's arguments supporting his petition, including that his counsel was ineffective for failing to object to inconsistent statements from two witnesses at his trial and that newly discovered evidence in the form of a witness statement exonerates him, fail, and the court's denial of his petition stands. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: January 10, 2024, Case #: 2024 VI 2, Categories: Habeas, Ineffective Assistance, Murder
J. Greer finds that a father's parental rights were properly terminated since he used methamphetamine and remained incarcerated, unable to care for a young child who suffers serious medical needs. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: January 10, 2024, Case #: 23-1712, Categories: Family Law
J. Thyer finds the circuit court properly entered judgment in favor the executrix of the will. The mother of the minor beneficiaries of the revocable trust was found to have violated the no-contest clauses of the will and trust, forfeiting her beneficiary interest. Among other things, she filed an action to remove the executrix, while the clear language of the will is meant to prevent the mother from exercising any control. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: January 10, 2024, Case #: CV-21-293, Categories: Evidence, Wills / Probate, Contract
J. Virden finds the trial court improperly denied the request for arrest reports and other materials under the Arkansas Freedom of Information Act. The trial court improperly interpreted case law involving the availability of materials during an ongoing investigation, improperly applying the undisclosed-investigations exemption. The case law did not establish a rule on what constitutes an undisclosed or ongoing investigation. Reversed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: January 10, 2024, Case #: CV-22-751, Categories: Public Record, Due Process
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J. Penzato finds that the workers' compensation court properly ruled in favor of the employee in finding an accident occurred and in awarding indemnity and medical benefits. The evidence showed that the employee's knee injury resulted from "repetitive climbing and jumping" while he unloaded cement from barges, and this constituted an "accident." Also, the employee's attorney fee award is increased from $5,000 to $7,500. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: January 10, 2024, Case #: 2023CA0403, Categories: Attorney Fees, Workers' Compensation
J. Colloton finds a lower court properly dismissed a defendant's motion to vacate his sentence. The defendant argued that his 10 year prison sentence is unreasonable. However, the defendant engaged in a crime of violence when he shot and killed a civilian during an argument. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 10, 2024, Case #: 22-3452, Categories: Firearms, Sentencing, Manslaughter
J. Gray finds that the lower court properly ruled in part in a custody dispute between two parents going through divorce proceedings. The lower court ultimately gave primary physical custody to the father and upped the mother's visitation rights, and in doing so properly held that the mother was not entitled to a psychological evaluation of the children as part of the proceedings. However, the lower court improperly excluded evidence regarding the mother's mental health and failed to designate a final decision maker. Affirmed in part.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: January 10, 2024, Case #: S-23-0106, Categories: Family Law
J. Greer finds that defendant was properly denied relief from his conviction for sexual exploitation by a school employee by pattern, practice, or scheme. Defendant contends counsel could have advised him to plead to a lesser charge but failed to demonstrate he would have insisted on going to trial had he been told about the misdemeanor option. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: January 10, 2024, Case #: 23-0284, Categories: Ineffective Assistance, Sex Offender
J. Brown finds that the trial court improperly ruled partially in favor of the individual and incorrectly denied the company's motion to withdraw admissions in a negligence action brought by the individual arising from injuries he suffered in a car collision with the driver. The trial court failed to fully consider the motion to withdraw the company's admission that the driver was its employee or agent at the time of the collision. The driver repeatedly testified in her deposition that she was an independent contractor. A genuine dispute of fact exists as to whether or not the driver was an employee. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: January 10, 2024, Case #: A23A1298, Categories: Negligence
J. Joyce finds trial court properly concluded that the bank’s interest did not encumber defendant’s partial ownership of the property. “The trust deed was between Strickland and Wells Fargo and thus, even if it was first in time…it did not encumber defendant’s half-interest in the property.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: January 10, 2024, Case #: A178792, Categories: Property, Banking / Lending
[Consolidated.] J. Floyd finds the lower court improperly sentenced one of the gang member for two murder charges stemming from the same murder, where the gang members shot and killed a rival as he left the laundromat. However, two life sentences for the other gang member are supported by the record. Vacated in part.
Court: 4th Circuit, Judge: Floyd, Filed On: January 10, 2024, Case #: 16-4844, Categories: Murder, Double Jeopardy, Gangs
J. McEvers finds that the district court improperly imposed a new sentence after defendant was charged with two counts of gross sexual imposition, both class A felonies and pleaded guilty. Defendant claims the district court imposed illegal sentences by ordering the two sentences to run consecutively. The matter is remanded for resentencing. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: January 10, 2024, Case #: 2024ND4, Categories: Sentencing, Sex Offender
J. Stephens finds that defendant was properly sentenced to 50 years at hard labor with the benefit of the possibility of parole eligibility after 25 years on his guilty plea to attempted second degree murder. Defendant acknowledged in the plea that he could receive the maximum sentence for attempted second degree murder. Further, defendant received a substantial benefit from his plea agreement when the state dismissed the counts for attempted second degree murder and conspiracy. Also, defendant intentionally fired his weapon at multiple targets in an unprovoked attack that wounded one victim and led to the death of another. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens , Filed On: January 10, 2024, Case #: 55,382-KA, Categories: Murder, Plea
J. Vogel finds that defendant was properly convicted of arson because evidence of his intoxication and that he threatened to shoot officers responding to a fire at his home was relevant since the details supported the timeline of events. Affirmed.
Court: Iowa Court Of Appeals, Judge: Vogel, Filed On: January 10, 2024, Case #: 22-1157, Categories: Evidence, Arson
[Consolidated.] J. Cox finds that the trial court properly dismissed the inmates' suits for injuries sustained in a car accident while being transported to a jobsite. In this case, the inmates were "trusties" and were paid $3 per week. Therefore, under French, the inmates were employees of the Claiborne Parish Police Jury, and their claims fall under worker’s compensation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: January 10, 2024, Case #: 55,406-CA, Categories: Negligence, Workers' Compensation
J. Stephens finds that defendant was properly convicted of armed robbery of a liquor store. There was surveillance footage of the liquor store robbery showing that the perpetrator was dressed similarly to defendant in his commission of another robbery. Additionally, DNA evidence connected defendant to both of the robberies. Further, defendant was properly sentenced to 35 years on each robbery charge, with a five year firearm enhancement. The sentences were midrange, and both robberies involved several victims and created a serious danger to the victims because of his use of a gun. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: January 10, 2024, Case #: 55,443-KA, Categories: Evidence, Robbery, Sentencing
J. Badding finds that an auto dealer was improperly granted summary judgment after an employee was fired for refusing to provide a drug test because an issue of material fact existed as to whether the dealer violated testing pool or supervisor training requirements. Reversed in part.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: January 10, 2024, Case #: 22-1599, Categories: Employment Discrimination
J. Lagesen finds the Land Use Board of Appeals (LUBA) properly granted Tillamook County’s motion to dismiss for lack of jurisdiction petitioners’ appeal of a county order that temporarily paused the county’s processing of applications for new short-term rental (STR) permits. LUBA reasoned that the county’s order did not affect petitioners’ ability to build the dwellings they intended to use as STRs. Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: January 10, 2024, Case #: A182566, Categories: Construction, Government
J. Pitman finds that defendant was properly convicted of vehicular homicide. In this case, defendant's blood alcohol content was more than twice the legal limit, and her blood was taken over two hours after the accident took place. Further, defendant appeared to be oblivious as to the scene of the accident where she ran a stop sign, causing a truck to crush the victim's vehicle. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: January 10, 2024, Case #: 55,470-KA, Categories: Evidence, Vehicular Homicide
J. Cox finds that defendant was properly convicted of second degree murder. Defendant does not show that he was given ineffective assistance when defense counsel did not call evaluating doctors to testify during the sanity hearing because there is no evidence that the doctors' testimonies would have differed from their reports that defendant was competent to stand trial. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: January 10, 2024, Case #: 55,448-KA, Categories: Ineffective Assistance, Murder
J. Chambers finds that the lower court properly found the Alcoholic Beverage Control Law requires a beer importer, which acquired its importation rights relating to a particular beer brand directly from the manufacturer, to honor a wholesale distribution agreement entered into by the prior importer of the same beer brand. Under the language of the law, the importer is a "successor to a brew" even where there is no relationship between the prior importer and the new importer. Affirmed.
Court: New York Appellate Divisions, Judge: Chambers, Filed On: January 10, 2024, Case #: 00067, Categories: Administrative Law, Commerce
J. Treadwell grants the employer's motion to dismiss the employee's hostile work environment and retaliation claims in a civil rights action. The action arose from the employee's termination days after she complained to a manager about a co-worker taking a photo of her buttocks and showing the photo to others. The employee failed to allege sufficient facts to show that the co-worker's conduct was so severe or pervasive as to alter the conditions of her employment. The employee also failed to show that she engaged in protected activity.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: January 10, 2024, Case #: 5:23cv208, NOS: Employment - Civil Rights, Categories: Employment Retaliation