145 results for 'filedAt:"2023-06-01"'.
J. Dailey finds that the trial court properly dismissed a complaint by a condominium unit's former owner seeking to assert ownership rights over unused floor space in the former unit. The city's land use code is silent on whether the floor area ratio should be treated a common element, but that does not mean that unused floor space represents a severable interest. Affirmed.
Court: Colorado Court Of Appeals, Judge: Dailey, Filed On: June 1, 2023, Case #: 22CA0700, Categories: Real Estate, Zoning
J. Jones finds the trial court improperly ruled against an energy company in a scarcity pricing dispute with the Texas Public Utility Commission. The company argues that the commission lacks the authority to regulate pricing in the manner it did. Under requirements set by the Texas legislature, the commission exceeded its statutory authority in its order. Reversed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: June 1, 2023, Case #: 03-21-00356-CV, Categories: Energy, Government
J. Lipinsky finds that the trial court should have allowed the jury to hear defendant's instruction on the felony murder affirmative defense. He was not required to admit to the predicate robbery felony in order to assert the defense, which was supported by some credible evidence that he did not know a gun was present, did not intend to engage in a robbery and that he tried to disengage from the crime when he learned a gun was present. Unlike the affirmative defenses of entrapment or self-defense, the felony murder affirmative defense does not justify or excuse the predicate offense. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: June 1, 2023, Case #: 21CA0976, Categories: Murder, Robbery, Jury Instructions
J. Fisher finds that the lower court properly convicted defendant based on his guilty plea to attempted drug possession. Defendant failed to preserve ineffective assistance claims, and his statements had not triggered the narrow exception by being inconsistent with, or calling into question the voluntariness of, his plea. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: June 1, 2023, Case #: 112995B, Categories: Drug Offender, Ineffective Assistance, Plea
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Per curiam, the appellate division finds that attorney Steven Wayne Griegel may be reinstated following his September 2022 suspension for failing to meet attorney registration requirements because Griegel cured the delinquency, complied with the order of suspension, and demonstrated his fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-114-23, Categories: Attorney Discipline
Per curiam, the appellate court finds that the district court should not have denied defendant's motion to suppress related to a possession of a firearm by a convicted felon charge. The 2022 search warrant of defendant's residence was granted to find documents related to his address in connection with a possession with intent to distribute cocaine charge in 2021. However, such evidence had already been obtained thorough a utility bill and observing defendant leave the residence. Further, a police officer testified that there was nothing to suggest that defendant had committed a crime in 2022. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: June 1, 2023, Case #: 23-K-186, Categories: Evidence, Search
J. Gwin finds the lower court properly denied the mother's request to have the child live with her in Texas in a divorce case. Although the child expressed a desire to move there, her wishes, which seemed to the court to be a result of coaching from the mother, were only a part of the evidence considered by the court, which also included poor grades and attendance at school when living with the mother and no safety issues while in the father's custody. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: June 1, 2023, Case #: 2023-Ohio-1826, Categories: Evidence, Family Law
J. Ceresia finds that the workers' compensation board properly denied claimant additional benefits after her schedule loss of use award expired because she failed to demonstrate her foot injury impaired her wage-earning capacity by failing to search for work. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: June 1, 2023, Case #: 534964, Categories: Workers' Compensation
Per curiam, the appellate division finds that plaintiff, a 47-year-old law school graduate who passed the New York bar 18 years later, may not be admitted to practice in the state. After graduation, plaintiff practiced law without a license for nearly 10 years at two law firms, rising to become a partner at one firm. He eventually was discovered and prosecuted, pleading guilty to grand larceny, and served a sentence of probation. Despite a recommendation that he be admitted with conditions, plaintiff failed to establish he had rehabilitated sufficiently.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-117-23, Categories: Attorney Discipline
J. Brennan upholds a district court ruling denying a request for a hearing of new eyewitness testimony by a defendant serving 28 years for the shootings of three men, one fatally, in 2009. After first holding that Wisconsin state courts properly ruled that the defendant’s ineffective assistance of counsel claims was procedurally defaulted, the appellate decision then affirms the lower court ruling. The introduction of new eyewitness testimony does not amount to a showing of actual innocence when strong and credible testimony to the contrary remains. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: June 1, 2023, Case #: 21-1402, Categories: Evidence, Habeas, Murder
J. Duffy finds a lower court ruled mostly correctly in convicting defendant of charges related to credit card fraud. Defendant raised a range of issues with her conviction, including arguing that she should have received more credit for time served, but the credit defendant seeks “was already counted toward a sentence imposed in a prior case.” However, the lower court should recalculate its restitution order because it calculated restitution based on nine unauthorized transactions rather than “the single transaction for which defendant was convicted.” Affirmed in part.
Court: New Mexico Court of Appeals, Judge: Duffy, Filed On: June 1, 2023, Case #: A-1-CA-38256, Categories: Fraud, Sentencing, Restitution
Per curiam, the Ninth District conditionally grants mandamus relief to the defendant in an auto accident and injury case which was dismissed, the order of which was later found to be ineffective, causing the case to remain pending. The court’s plenary power over the case had expired by the time the order declaring the dismissal ineffective was signed. The writ will issue only if the trial court fails to vacate the order.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: June 1, 2023, Case #: 09-22-00317-CV, Categories: Tort, Vehicle, Due Process
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. Crothers finds that the district court properly denied defendant's petition for discharge from commitment as a sexually dangerous individual. Defendant was incarcerated after a conviction for gross sexual imposition in 1996. The lower court was correct in holding that defendant has serious difficulty controlling his behavior. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: June 1, 2023, Case #: 2023ND99, Categories: Sex Offender, Commitment
J. Gallagher finds the lower court properly refused to find for a city in an injury case in which a woman claims to have fallen through a utility cover in a sidewalk. Ambiguity in testimony from city employees and their work logs about when the cover was sectioned off with caution tape and cones creates an issue of fact. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: June 1, 2023, Case #: 2023-Ohio-1818, Categories: Government, Negligence
J. Rickman finds that the trial court improperly entered a stalking 12-month protective order against the paternal grandmother after she made a comment about wanting to run away with the grandchild and sought to obtain the father's release from prison on child molestation and incest offenses. The evidence did not show a pattern of harassing and intimidating behavior by the grandmother. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: June 1, 2023, Case #: A23A0150, Categories: Restraining Order
J. Clark finds that the workers' compensation board properly denied a court reporter benefits years after she fell from a chair, which knocked around hardware implanted during lumbar-fusion surgery necessitated by a non-work injury, because the court reporter voluntarily withdrew from the labor market for a cause other than her disability. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 1, 2023, Case #: 534851, Categories: Workers' Compensation
J. Reynolds Fitzgerald finds that the lower court properly convicted defendant based on his guilty plea to possessing stolen property and imposed $9,800 in restitution. Defendant contends he had not stolen equipment which had been found in his possession, but restitution was permitted given the temporal link between the theft, his possession of the dump trailer, and damage sustained to the trailer. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: June 1, 2023, Case #: 112195, Categories: Theft, Restitution
J. Gesner partially denies a waste disposal and recycling firm its motion to dismiss a former salesperson’s amended complaint alleging gender and wage discrimination. Even though the salesperson, a woman, met and surpassed her sales goal of $14 million in one year, she did not receive the promised commission while her male colleagues did, whether they met their quotas or not. She has presented sufficient evidence to proceed.
Court: USDC Maryland, Judge: Gesner, Filed On: June 1, 2023, Case #: 1:22cv1533, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Ryan finds defendant's attorney did not provide ineffective assistance when he failed to object to the trial court's joinder of both defendant's indictments. All of the criminal charges were part of a single course of criminal conduct that occurred over a period of several days, while the evidence for each charge was distinct and unlikely to confuse the jury. Meanwhile, the trial court was not required to make factual findings before it imposed consecutive sentences because the life without parole sentence for defendant's murder conviction made the rest of the sentences purely academic, according to previous rulings from this court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: June 1, 2023, Case #: 2023-Ohio-1817, Categories: Ineffective Assistance, Murder, Sentencing
J. Ikuta finds that the district court properly dismissed a securities class action claim that The Gap made false or misleading statements to shareholders about its commitment to diversity. Gap’s bylaws contain a valid forum-selection clause stating that the Delaware Court of Chancery is the sole and exclusive forum for any derivative action, therefore the class lead's argument that Gap's forum-selection clause is void fails. Affirmed.
Court: 9th Circuit, Judge: Ikuta, Filed On: June 1, 2023, Case #: 21-15923, Categories: Securities, Class Action
J. Chuang grants a bakery its motion to dismiss allegations of race discrimination brought by a former driver who claims that after 25 years of employment, the bakery gave him less lucrative routes to the tune of a $30,000 loss per year when it hired new drivers. However, the driver, a Black man, fails to present comparisons between himself and white staff in similar positions to show differential treatment.
Court: USDC Maryland, Judge: Chuang, Filed On: June 1, 2023, Case #: 8:22cv564, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
Per curiam, the appellate division finds that attorney Jung Sun Lee may be reinstated following her October 2021 suspension for failing to meet attorney registration requirements because Lee cured the delinquency, complied with the order of suspension, and demonstrated her fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-115-23, Categories: Attorney Discipline
J. Anderson denies the defendant company's dismissal motion in this negligence lawsuit involving the construction of an industrial building. Contrary to the defendant company's argument, the economic loss doctrine does not bar the claims. Also, the "as is" language in the purchase agreement does not preclude a negligence claim.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: June 1, 2023, Case #: 1:22cv1015, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Negligence, Contract
[Consolidated.] J. Shanker upholds the lower court's affirmation of the termination of the father's parental rights. The magistrate judge properly considered the father's lack of suitable housing when it terminated his parental rights, and the father did not complete anger management courses or the required psychological examination. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: June 1, 2023, Case #: 22-FS-0557, Categories: Evidence, Family Law
J. Fisher finds that the lower court properly dismissed an inmate's claim seeking damages for retaliatory and discriminatory removal from a prison work assignment for lack of subject matter jurisdiction, as the complaint should have been filed as a special civil proceeding against a government action, not as a money claim. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: June 1, 2023, Case #: 534835, Categories: Damages, Jurisdiction, Prisoners' Rights
J. McDonough grants summary judgment in favor of the city and the school resource officer, who allegedly used force to detain a middle-school student. The incident allegedly resulted in a cut on the student's chin, but the officer's actions were reasonable, as the student failed to follow his commands and pulled away when the officer attempted to grab his backpack.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: June 1, 2023, Case #: 3:22cv139, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education