102 results for 'judge:"Kelly"'.
J. Kelly finds that the trial court properly ruled to terminate a mother's parental rights to her two children. The evidence shows that the mother used illegal drugs in the presence of her children, created an unstable environment and failed to complete her court-ordered service plan to maintain custody of her children. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: January 26, 2024, Case #: 03-23-00469-CV, Categories: Family Law
J. Kelly finds a lower court properly imposed restitution on a defendant who pleaded guilty to distributing child pornography. The defendant, who was sentenced to 151 month in prison and 20 years probation, argued that he was not obligated to pay restitution to 21 of his minor victims, who he sexually exploited, based on the government's alleged untimeliness. However, the government presented sufficient evidence in court that his plea agreement contained a condition of "new losses," which allows it to award belated restitution. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: January 25, 2024, Case #: 23-1627, Categories: Restitution, Child Victims, Child Pornography
J. Kelly finds a lower court properly sentenced a defendant to 20 years in prison after he pleaded guilty to two counts of production and attempted production of child pornography, and one count of enticement of a minor. The defendant, who sexually abused and groomed two minors to produce child pornography, argued that the length of his sentence is above the statutory minimum of 15 years. However, the government sufficiently showed in court that he could have faced a lifetime in prison. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: January 22, 2024, Case #: 23-1602, Categories: Sentencing, Child Victims, Child Pornography
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J. Kelly denies the electric company's motion to stay enforcement pending appeal to the Tenth Circuit. The court previously confirmed an arbitration award issued by the Council on Industrial Relations, and the company seeks to stay enforcement of the judgment. However, it fails to show that it is entitled to a stay, as it does not demonstrate a likelihood to succeed on the merits or show "any irreparable harm it would suffer."
Court: USDC Northern District of Oklahoma , Judge: Kelly, Filed On: January 5, 2024, Case #: 4:21cv246, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Labor / Unions
J. Kelly finds that the trial court improperly ruled in favor of a hospital in a wrongful death suit brought by the daughter of a patient who died while in the hospital's care. The daughter alleges that the hospital acted negligently in monitoring her mother's blood sugar and that the trial court erred by dismissing her claims. The daughter adequately raises a fact issue based on the evidence provided to the trial court; therefore, her claims were wrongfully dismissed. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: January 5, 2024, Case #: 03-22-00465-CV, Categories: Negligence, Wrongful Death
J. Kelly finds that the trial court improperly awarded damages in breach of contract claims concerning an agreement to purchase the assets of a salon because the award exceeded the maximum amount allowed under the contract. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Kelly, Filed On: December 20, 2023, Case #: 2D22-3300, Categories: Damages, Contract
J. Kelly finds that the lower court properly convicted defendant on drug charges. Defendant raises two issues on appeal, that testimony from a narcotics detective should have been tossed and that a mistrial should have been declared when a robocall inadvertently played during trial. The testimony was relevant to the trial and did not infringe on defendant's trial rights, and the lower court properly handled the accidental call by immediately reminding the jury to ignore it. Affirmed.
Court: 10th Circuit, Judge: Kelly, Filed On: December 20, 2023, Case #: 22-1167, Categories: Drug Offender, Fair Trial
J. Kelly finds a lower court properly sentenced a defendant to 264 months in prison and six years probation for possession with intent to distribute a controlled substance. The defendant argued that he is entitled to relief based on "trial-related errors," claiming that the government wrongfully introduced statements he made in a custodial interrogation. However, the government sufficiently showed in court that he provided his cell phone number and its contents to authorities before he received a Miranda warning. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: December 13, 2023, Case #: 22-2343, Categories: Drug Offender
J. Kelly finds a lower court properly granted summary judgment in favor of an insurance company on a car dealership's contract claims. The car dealership argued that the insurance company was obligated to provide coverage after his establishment caught fire, damaging the premises. However, the insurance company sufficiently showed in court that the dealership's complaint was foreclosed under a limited settlement agreement and release of disputed property damage claims. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: December 13, 2023, Case #: 23-1282, Categories: Insurance, Damages, Contract
J. Kelly finds that the trial court properly ruled against a property owner’s suit seeking to block a homeowners association from selling common-use land in a housing subdivision. The property owner claims that the association has no authority to sell the common-use plot of land because the owner shares in the interests in the land. No genuine fact issue exists that purports to give the property owner any claim to the land or restrain the association from selling the land without the property owner's approval. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: December 13, 2023, Case #: 03-22-00423-CV, Categories: Property, Real Estate, Interference With Contract
J. Kelly finds a lower court improperly denied a defendant's motion for compassionate release after he was convicted for drug trafficking and crimes involving firearms, which resulted in a 360 months sentence and six years of probation. The government argued that his medical challenges, with the exception of one, are not extraordinary. However, the defendant presented sufficient evidence in court that he faced a high risk of contracting Covid-19, and that the lower court may have erred in deciding that his health issues were not "extraordinary and compelling." Reversed.
Court: 8th Circuit, Judge: Kelly, Filed On: December 7, 2023, Case #: 22-3430, Categories: Evidence, Health Care, Covid-19
J. Kelly finds a lower court improperly dismissed charges against a defendant for incompetency to stand trial. The defendant argued that she is entitled to relief after failing a competency evaluation. However, the State provided sufficient evidence in court that the superior court exceeded its jurisdiction by tossing out claims against the defendant. Vacated.
Court: Arizona Court Of Appeals Division Two, Judge: Kelly, Filed On: November 30, 2023, Case #: 2 CA-SA 2023-72, Categories: Competence, Jurisdiction
J. Kelly finds the trial court improperly in part found in favor of a family partnership in a trespass to title suit brought by a charitable foundation. The summary judgment motion submitted by the partnership did not address the foundation’s trespass to title claims for specific tracts of land. Therefore, when the trial court granted the motion, it did so acting outside of the confines of the motion. However, the court did act within its discretion to award attorney fees to the partnership. Reversed in part.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: November 30, 2023, Case #: 03-21-00561-CV, Categories: Partnerships, Attorney Fees
J. Kelly finds a lower court properly sentenced a defendant to 132 months in prison and five years probation after he conditionally pleaded guilty to possessing with intent to sell fentanyl. The defendant argued that the lower court erred in denying his motion to suppress evidence seized by authorities at a Greyhound Bus station, which resulted in a drug sniffing dog alerting to narcotics in his backpack. However, authorities properly obtained a warrant based on suspicion that the defendant was armed and dangerous, his nervous demeanor, and the probability that he may attempt to flee. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: November 20, 2023, Case #: 22-3006, Categories: Drug Offender, Evidence, Sentencing
J. Kelly grants the estate administrator's motion to amend the complaint in this suit alleging due process and equal protection violations, based on the decedent's placement with a certain foster parent. The estate administrator will be allowed to include certain employees of the Oklahoma Department of Human Services as defendants. The proposed defendants were previously dismissed without prejudice. The court notes that the amended complaint "includes additional facts that cure the deficiencies in the prior pleadings."
Court: USDC Northern District of Oklahoma , Judge: Kelly, Filed On: October 30, 2023, Case #: 4:20cv167, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Kelly finds a lower court properly granted the Alliance for Retired Americans motion for injunction against a county board of supervisors. The county board of supervisors argued that it was entitled to conduct a hand- count audit from county precincts in the 2022 general election, as well as early ballots. The alliance sufficiently showed in court that the appeal is moot based on the "now concluded" 2022 general election. Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Kelly, Filed On: October 18, 2023, Case #: 2 CA-CV 2022-136, Categories: Elections, Government
J. Kelly finds a lower court properly convicted a defendant on one count of aggravated sexual abuse of a child that was 12 or under, and one count of abusive sexual contact. The defendant argued that his concurrent 360 month and 120 month sentences are unreasonable, as well as the imposition of five years probation. However, the government presented sufficient evidence in court that his daughter disclosed the abuse to a school counselor, who testified that the child was "self- harming," "crying and shaking," and "came out with everything." Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: October 2, 2023, Case #: 22-1590, Categories: Evidence, Sentencing, Child Victims