62 results for 'judge:"Harris"'.
J. Harris finds the trial court properly found defendant guilty for five counts of sexual assault on a child by one in a position of trust as part of a pattern of abuse and one count of aggravated incest. Defendant's daughter and friends reported the abuse in their 20's, which led to defendant's arrest. Defendant sought substitution of counsel, and after admonishment, he requested to represent himself. The waiver is not invalidated merely because he had to choose between self-representation and maintaining a particular court date. Defendant knowingly and intelligently waived his right to counsel. Affirmed.
Court: Colorado Court Of Appeals, Judge: Harris , Filed On: December 14, 2023, Case #: 2023COA119, Categories: Sex Offender, Self Representation, Child Victims
J. Harris finds the trial court properly convicted defendant for the object rape and forcible sexual abuse of his 14-year-old stepdaughter. Though he argues the victim's testimony was improbable and there was insufficient evidence supporting the penetration element of the object rape charge, the testimony was not improbable and all evidence supports the convictions. Furthermore, nothing in the record supports defendant's claims of deficient performance of counsel. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris , Filed On: December 14, 2023, Case #: 20210403-CA, Categories: Evidence, Sex Offender, Child Victims
J. Harris finds the lower court properly sentenced the defendant to life imprisonment despite him making a deal with the government to plead guilty. The defendant made his six adopted children perform sex acts together and with him, amounting to nine charges. The defendant made a deal to plead guilty to one count of aggravated sexual abuse in exchange for the other eight charges to be dropped. The defendant failed to meet the burden of showing a reasonable probability that, but for the error, he would not have entered the plea. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: December 13, 2023, Case #: 21-4185, Categories: Sentencing, Sex Offender, Plea
J. Harris holds that the trial court properly found that a homeowner's backyard improvements did not interfere with a water district's easement for an underground pipeline. A bright-line rule barring any permanent construction within an easement is outweighed by the potential loss of otherwise reasonable uses of land under the rule of mutual reasonableness. Also, jury instructions about the law of easements and the mutual obligation not to unreasonably interfere with the other's use were accurate and complete. And testimony from the State Engineer properly addressed the reasonableness of both the homeowner's and the water district's existing and possible uses. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: December 7, 2023, Case #: 20220025-CA, Categories: Property
J. Harris finds that the trial court was within its discretion to draw a reasonable inference that the store whose manager called police owned the parking lot where defendant was arrested for criminal trespass. Both direct testimony and circumstantial evidence indicated that the store owned the lot. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: November 24, 2023, Case #: 20220599-CA, Categories: Trespass
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J. Harris finds the trial court properly denied a petition to reopen the estate of a deceased man which has been the subject of competing probate claims from two beneficiaries wielding wills from 1998 and 2007 and 2018, respectively. Because the appellant beneficiary charging that the appellee beneficiary citing the 2018 will committed fraud by not disclosing the existence of the 1998 will is not an interested person under the 1998 will, he lacks standing to reopen the estate and revoke probate of the 2018 will. Affirmed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: November 3, 2023, Case #: 23-0608, Categories: Wills / Probate, Contract
J. Harris finds the Colorado Open Records Act prohibits only the disclosure of identifying information related to minors and child abuse records and, therefore, the news outlets may be entitled to public records regarding child abuse reports made at certain residential care facilities. Therefore, the case will be remanded to allow the court to consider whether the requested information, including addresses of the care facilities, constitutes identifying information exempt from disclosure. Reversed.
Court: Colorado Court Of Appeals, Judge: Harris, Filed On: November 2, 2023, Case #: 2023COA101, Categories: Public Record, Juvenile Law
J. Harris finds that the trial court properly granted summary judgment to a university that was sued by a research partner that claimed the university had breached a shareholder agreement. No issue of fact was presented that would indicate that the university ever signed an agreement, that it had agreed to its terms or that the agreement was enforceable. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: October 19, 2023, Case #: 20210654-CA, Categories: Securities, Contract
J. Harris finds that the trial court properly refused to extend reunification services beyond the 15 months already provided to a mother, as well as removed a child from her custody and placed the child in the father's permanent custody and guardianship. She failed to show she achieved any of the plan's goals and continued to make multiple unsupported allegations that the father was abusing the child, which resulted in invasive, traumatic and unnecessary examinations of the child. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: October 19, 2023, Case #: 20220645-CA, Categories: Family Law
J. Harris upholds the trial court finding that a driver who was arrested for drunk driving had refused to submit to a chemical test. The implied consent law requires a driver to immediately and unequivocally request a test once an officer warns the driver that a refusal may result in license revocation, and anything other than immediate consent is a refusal. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: October 19, 2023, Case #: 20220557-CA, Categories: Licensing
J. Harris finds the trial court improperly denied defendant's post-conviction motion claiming multiple instances of ineffective assistance of counsel at his trial for felony theft, fleeing and other charges. Portions of two of defendant's claims involving his counsel's alleged failure to obtain traffic camera footage and advise him to take a plea offer are not refuted by the record, so those portions of the trial court's order are overturned and remanded for the attachment of records or an evidentiary hearing. On remand the trial court also must allow defendant to amend another claim involving his counsel's failure to call a witness who reached out to the public defender's office before the trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: October 6, 2023, Case #: 23-0818, Categories: Criminal Procedure, Ineffective Assistance, Theft
J. Harris finds in favor of the mortgage company in its appeal of the trial court's final judgment against it in a foreclosure action involving a deceased mortgagor and unknown heirs and others who never responded to the action and were defaulted. Despite not bringing any witnesses at trial, the company's sole evidence of the original note, loan agreement and other certified documents involving the mortgage satisfied the business record hearsay exception under Florida law, and the trial court abused its discretion by entering judgment against the company because it did not present witnesses not required by law under the circumstances. The trial court's order is overturned and the matter is remanded for it to enter a foreclosure judgment in the company's favor. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: September 29, 2023, Case #: 23-0188, Categories: Evidence, Foreclosure, Contract
J. Harris finds that the trial court properly dismissed defendant's petition for post-conviction relief that alleged ineffective assistance led to his conviction for aggravated sexual abuse of a child. Some of his post-conviction claims are barred because he previously raised them in a direct appeal, and the others are barred because he could have raised them on direct appeal. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: September 21, 2023, Case #: 20220225-CA, Categories: Ineffective Assistance, Sex Offender
J. Harris holds that the trial court should have granted a lender's motion for renewal of judgment. The lender unsuccessfully attempted to collect on the original judgment during its eight-year term and obtained a renewed judgment before it expired. Still unable to satisfy the judgment after another eight years, it sought a second renewal but the trial court refused on statute of limitations grounds. The debtor did not file an appellate brief, so without making a merits-based decision, the trial court must grant the second renewal because the lender has made a prima facie showing that it has a plausible basis for renewal. Reversed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: September 21, 2023, Case #: 20220584-CA, Categories: Enforcement Of Judgments, Banking / Lending
J. Harris finds the lower court improperly dismissed the Telephone Consumer Protection Act violation claim. The prescription drug company sent a fax advertising the free download of a compilation of medical prescribing information for certain prescription drugs they published in an E-book. Despite the advertisement being for a free product, it is still categorized as a prohibited advertisement because prohibited advertisements may be entirely non-commercial. Vacated.
Court: 4th Circuit, Judge: Harris, Filed On: September 6, 2023, Case #: 22-1279, Categories: False Advertising
J. Harris finds that the trial court erred in terminating a father's parental rights. Though the father was incarcerated, the trial court's conclusion that his children needed stability and that they needed protection against his commitment for more visitation do not support a judgment that termination is in the children's best interest. The awkwardness of prison visitation is unavoidable and no evidence showed he had a harmful relationship with the children. Reversed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: August 31, 2023, Case #: 20220956-CA, Categories: Family Law
[Consolidated.] J. Harris finds that the lower court improperly certified classes for monetary damages on breach of contract and statutory consumer-protection claims against the hotel company and IT service provider following a hack of a guest reservation database. The guest signed a class action waiver agreeing only to resolve disputes individually and not as a class. Vacated.
Court: 4th Circuit, Judge: Harris, Filed On: August 18, 2023, Case #: 22-1744, Categories: Consumer Law, Privacy, Class Action
J. Harris finds that the trial court was within its discretion to consider a massage therapy license applicant's previous unprofessional and unlawful activities in upholding a decision by the Division of Occupational and Professional Licensing to issue a probationary license instead of an unrestricted license. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: August 10, 2023, Case #: 20210940-CA, Categories: Licensing
En banc, the Fourth Circuit finds that the lower court improperly denied the prevailing parties attorney fees after they won a preliminary injunction enjoining Virginia's policy of suspending licenses for people who have failed to pay court fees. Fourth Circuit precedent barred an award of attorney fees for prevailing parties who won a preliminary injunction but not a final judgment, but in this decision, the circuit overturns that precedent to join other circuits in allowing an award of legal fees to parties who win a preliminary injunction. Vacated.
Court: 4th Circuit, Judge: Harris, Filed On: August 7, 2023, Case #: 21-1756, Categories: Attorney Fees
J. Harris finds that defendant's speedy trial rights were not violated because most of the nearly three-year delay before her assault and murder trial was attributable to her and she was late to assert the right. The trial court properly held that defendant's mother could not give alibi testimony because she was not included in defendant's notice of alibi. She opened the door to previously excluded statements when counsel asked a detective detailed questions about his aggressive questioning techniques and defendant's responses. Also, she failed to preserve her sentencing challenge. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: August 3, 2023, Case #: 20210242-CA, Categories: Evidence, Murder, Speedy Trial
J. Harris holds that the trial court was within its discretion to rely on out-of-court written statements to bind defendant over for trial on DUI and drug charges. Reliable hearsay includes written statements by declarants, but statute does not require that such statements be written by the declarant as long as the declarant acknowledges the content of the statement with a signature. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: August 3, 2023, Case #: 20210890-CA, Categories: Confrontation, Evidence, Dui
J. Harris finds that the trial court properly held that a trustee breached his fiduciary duties in his handling of trust assets and excluded his expert witnesses, but a $250,000 damages award was unsupported by findings. The trial court also erred when it held the estate liable for the trustee's actions since a claim for vicarious liability was not pleaded or tried. The trial court should have applied extrinsic evidence of interest rates to a loan from the trust instead of default rates and it must revisit the offset determinations used in awarding damages. Vacated.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: August 3, 2023, Case #: 20200808-CA, Categories: Trusts, Damages, Fiduciary Duty
J. Harris finds that the trial court properly dismissed legal malpractice claims because plaintiffs failed to present expert testimony. Bench trials are not subject to a different standard regarding the expert testimony requirement in legal malpractice cases than jury trials. Judges have extensive legal training and experience, but that experience may be in other areas, and without a standard-of-care expert, the parties are unable to explore the expert's training, assumptions and experience. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: August 3, 2023, Case #: 20210786-CA, Categories: Trusts, Experts, Legal Malpractice
J. Harris finds the lower court properly increased the defendant's sentence on remand. The defendant, initially facing Hobbs Act robbery and firearm offenses, had a poor disciplinary record while incarcerated between court appearances. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: August 1, 2023, Case #: 21-4351, Categories: Firearms, Robbery, Sentencing
J. Harris finds the lower court properly awarded damages to the employees. The food distributor could not prove that the employees, labeled as sales representatives despite the majority of their job being inventory and promotions, were covered by the outside sales exemption and therefore were not owed overtime wages. Affirmed.
Court: 4th Circuit, Judge: Harris , Filed On: July 27, 2023, Case #: 21-2897, Categories: Employment, Damages, Labor
J. Harris finds partially in favor of the former husband in his multiple challenges to the trial court's judgment in the dissolution of his and the former wife's marriage. Given the abundant record of the husband's severe physical and verbal abuse and threats to the wife, their child and others, as well as the husband's established history of alcohol abuse and issues with explosive anger, the trial court did not abuse its discretion by granting the wife sole parental responsibility and limiting the husband's parental timesharing to supervised visits once per week. The trial court did abuse its discretion, however, by ordering the husband not to consume alcohol and attend Alcoholics Anonymous meetings once per week, as that part of the judgment is "completely untethered" to the best interests of the child in part because the husband has been denied unsupervised visits and has no pathway to them. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: July 7, 2023, Case #: 23-0208, Categories: Family Law, Judiciary
J. Harris finds the Board's decision to deny asylum to the Chinese man requires clarifications before it can be reviewed. The Chinese man who entered the country under a student visa after being allegedly persecuted for being Christian claims he would be tortured if he returned to China. The Board's failure to fully explain itself prevents the court from engaging in a meaningful review. Vacated.
Court: 4th Circuit, Judge: Harris, Filed On: July 6, 2023, Case #: 21-1371, Categories: Immigration
J. Harris finds the trial court improperly granted summary judgment to Panera in a lawsuit from a consumer who tripped and fell over the weighted base of a sign on the sidewalk in front of one of Panera's restaurants. Important disputes of fact remain regarding whether the sign, which is not a common or everyday object people encounter, was open and obvious and even supposed to be where it was positioned by the entrance to the restaurant. Because the trial court did not properly address Panera's potential negligence, its summary judgment order is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: June 30, 2023, Case #: 22-1496, Categories: Negligence, Premises Liability
J. Harris finds that it was error for the district court to dismiss a mother's petition arguing that her adult son's incapacitation required his father to continue to pay child support. The son's inability to earn a living means he still qualifies as a statutory "child" for the purposes of child support. Their divorce decree's silence on the son's disability did not require dismissal of the mother's petition. The district court must determine whether the son is incapacitated, and if he is, when he became incapacitated. It must then decide a proper support amount, how it should be paid, and whether it must be applied retroactively. Vacated.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: June 23, 2023, Case #: 20210513-CA, Categories: Family Law