42 results for 'judge:"Horton"'.
J. Horton finds that the lower court properly awarded attorney fees to the Human Rights Defense Center after ruling that the risk pool "had refused in bad faith" to comply with a records request. The risk pool's failure to produce records "constituted a bad-faith refusal," so the attorney fees are warranted. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: August 22, 2023, Case #: 2023ME56, Categories: Public Record, Attorney Fees
J. Horton finds the trial court properly entered summary judgment in favor of the judge in this suit alleging malicious prosecution and civil conspiracy brought by the process server who was arrested after disrupting the court’s proceedings when attempting to serve the judge. No evidence has been shown to refute summary judgment evidence that the judge didn’t instruct the bailiff to arrest the process server, didn’t speak to the authorities who investigated the arrest, and never spoke to the district attorney who made the decision to bring charges. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: August 17, 2023, Case #: 09-21-00084-CV, Categories: Evidence, Malicious Prosecution
[Consolidated.] J. Horton finds the trial court properly revoked defendant’s deferred adjudication of guilt and community supervision on his guilty plea convictions for burglary of a habitation and theft. Before revocation, the court declined to revoke, and modified the order requiring defendant to serve 90 days in jail in order to complete a treatment program. During this period, he violated further terms of his supervision and was sentenced to 20 years in prison. The court of appeals agrees with counsel’s conclusion that no arguable grounds exist to support the appeals. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: August 16, 2023, Case #: 09-23-00023-CR, Categories: Burglary, Sentencing, Theft
[Consolidated.] J. Horton finds the trial court properly convicted defendant, by guilty plea, for possession of child pornography. Police obtained a search warrant for defendant’s laptop after his girlfriend reported that she discovered child porn, as well as videos of herself and a friend that were recorded without their consent. The girlfriend had implied consent to use defendant’s laptop as he had allowed this many times previously and the Computer Security statute preventing nonconsensual use of another’s devices does not apply. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: August 16, 2023, Case #: 09-22-00043-CR, Categories: Evidence, Search, Child Pornography
J. Horton finds that the lower court properly entered a judgment of divorce, awarding the parties shared parental rights and ordering the wife to "contribute to the fees of the appointed guardian ad litem." There was no abuse of discretion in awarding the husband "rights of contact with the child on Father's Day" or in allocating the guardian ad litem fees. The court notes that the parties are "in a similar financial position to contribute to GAL fees." Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: August 10, 2023, Case #: 2023ME47, Categories: Family Law, Attorney Fees
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
J. Horton finds that the lower court properly convicted defendant of unlawful trafficking in scheduled drugs and falsifying physical evidence. Contrary to defendant's argument on appeal, the lower court did not err by denying his motion to suppress evidence, as his detention during a traffic stop was lawful. The officer stopped defendant for speeding, and defendant failed to produce a driver's license or vehicle registration, which made the officer suspect that the car might not belong to defendant. The evidence was found after a tow truck was called, but the detention was "neither unreasonably prolonged nor unreasonably restrictive." Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: July 27, 2023, Case #: 2023ME41, Categories: Criminal Procedure, Drug Offender, Evidence
J. Horton finds the trial court properly granted the mother exclusive right to designate the 4-year-old son's primary residence as Seattle, WA. Though the mother moved to Beaumont, TX, to be closer to the father at first, and the father agreed to help her move to Seattle "if things didn't work out," the father did not fully involve himself in his son's life nor did he help the mother move. All evidence supports the court's order, including that the father will still be able to maintain a relationship with his son. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: July 27, 2023, Case #: 09-21-00219-CV, Categories: Family Law
J. Horton dismisses the shareholder's appeal from an order of dismissal in his action against the company and three other shareholders. The order dismissed two of the three counts, while the remaining count was dismissed by stipulation of the parties. The notice of appeal was untimely, and the motion for a protective order did not "prevent the judgment from being final." Accordingly, the court lacks jurisdiction.
Court: Maine Supreme Court, Judge: Horton, Filed On: July 25, 2023, Case #: 2023ME40, Categories: Civil Procedure, Jurisdiction, Business Practices
J. Horton finds the trial court properly convicted defendant for food stamp fraud, sentencing him to 27 years in prison. Defendant alleges that he wasn’t given proper notice to allow him to mount a defense, though the indictment and available discovery provided defendant with adequate notice. Defendant did not object when coconspirators were called to testify while there was no accomplice-witness instruction. He fails to show egregious harm resulting from the omission. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: July 12, 2023, Case #: 09-21-00155-CR, Categories: Evidence, Fraud, Due Process
[Consolidated.] J. Horton finds the trial court properly convicted defendant for evading arrest or detention with a prior conviction and burglarizing a habitation while intending to commit aggravated assault. The record does not support defendant’s claim that he asked the trial court to allow his attorney to withdraw, and the clerk’s record does not show that any post-judgment motions were filed to overturn either judgment in the consolidated cases. Defendant’s trial counsel has found no reversible error or arguable grounds for reversal and the appeal is considered frivolous. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: July 12, 2023, Case #: 09-21-00356-CR, Categories: Burglary, Assault, Escape
J. Horton finds the county court properly found in favor of the purchaser-at-auction of a foreclosed-upon property seeking to evict the original purchaser who had defaulted on their loan. The evictee, who filed a CDC form addressing the temporary halting of residential evictions to prevent the spread of Covid-19, didn’t challenge the court’s conclusion that the eviction was not based on her failure to pay rent, and the argument is not preserved for appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: June 1, 2023, Case #: 09-21-00105-CV, Categories: Landlord Tenant, Banking / Lending, Covid-19
J. Horton finds the trial court properly terminated the mother’s parental rights to her two-year-old son. The mother abandoned the child at the hospital within four days of his birth and was located at a rehab facility a few days later. She admitted at that time to having recently used meth and opiates. Records of the mother’s positive drug tests were properly admitted, and all evidence supports the best-interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: May 25, 2023, Case #: 09-22-00392-CV, Categories: Family Law, Guardianship