173 results for 'filedAt:"2023-06-08"'.
J. Deahl reverses a husband’s stalking conviction, which he received for stalking the man who slept with his wife by telling the man’s friends, family and colleagues about the affair. The husband’s speech is protected by the First Amendment. Reversed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: June 8, 2023, Case #: 16-FM-0383 , Categories: Constitution, Evidence
J. Glickman reverses, in part, defendant's convictions related to the fatal shooting of defendant's friend. Defense counsel, who lied to the court about his qualifications to represent defendant against the charges and has since been disbarred, provided ineffective assistance in many ways, including by eliciting testimony from a witness that defendant was a drug dealer and failing to object to an erroneous jury instruction. Reversed in part.
Court: DC Court of Appeals, Judge: Glickman, Filed On: June 8, 2023, Case #: 19-CO-1171 , Categories: Ineffective Assistance, Assault
J. Jackson finds that the court of appeal properly held that a state-owned facility was not entitled to immunity from nursing home negligence claims in which a patient's wife contends her husband had been denied quality care. Affirmed.
Court: US Supreme Court, Judge: Jackson, Filed On: June 8, 2023, Case #: 21-806, Categories: Civil Rights, Immunity
J. Bailey finds that the lower court properly terminated the parental rights of the mother and the father. Contrary to their arguments on appeal, the evidence sufficiently supports the best interest finding. The record indicates drug use by the parents, and one of the children had a positive drug test. Additionally, the foster mother was "uniquely qualified" to meet the medical needs of one of the children, who required "regular appointments and surgeries." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: June 8, 2023, Case #: 11-23-00007-CV, Categories: Evidence, Family Law
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J. Egan finds that the lower court improperly dismissed a mother's request to relocate to Florida with her two children because evidence indicated that moving would enhance her and her children's financial situation and would provide a better family support system, and the father's involvement with the children was limited. Reversed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: June 8, 2023, Case #: 535490, Categories: Family Law
Per curiam, the circuit finds that the district court properly dismissed employment discrimination and defamation claims brought after plaintiff was fired based on a video that went viral for its racial overtones. After a Central Park birdwatcher criticized plaintiff for walking her dog without a leash, she warned him that she would tell police an "African-American man was threatening [her] life"; indeed, her 911 call making this false claim was captured on video. Plaintiff contends she had been "characterized as a privileged white female...caught on video verbally abusing an African American male with no possible reason other than the color of his skin," but her employer had not mentioned plaintiff's race in a public statement addressing her termination. Meanwhile, claims contending her employer considered her a racist were not actionable since such constituted opinion. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 8, 2023, Case #: 22-2763-cv, Categories: Defamation, Employment Retaliation
[Consolidated.] J. Ceresia finds that the lower court properly granted a mother custody of her two children after she fled an arranged marriage characterized by domestic violence. The father contends he was entitled to more than limited visitation, but that he verbally and physically abused the mother had been documented and he failed to provide care to the children when they all lived together. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: June 8, 2023, Case #: 535056, Categories: Family Law
J. Slaughter finds that defendant was properly convicted of murder, robbery, and criminal confinement based on evidence indicating defendant participated in torturing and killing the victim and that he helped clean up the crime scene and dispose of the body. Affirmed.
Court: Indiana Supreme Court, Judge: Slaughter, Filed On: June 8, 2023, Case #: 21S–LW–333, Categories: Evidence, Murder, Robbery
J. Whitman finds that the trial court erred in granting a demurrer to the Superior Court of the City and County of San Francisco on a taxpayer complaint seeking to expedite criminal proceedings by giving them priority over civil cases. The trial court improperly relied on Ford, which bars one department of a superior court from reviewing or restraining the judicial acts of another department of the superior court. However, this suit does not seek to review an individual criminal case, but instead takes aim at the allocation of court resources. The complaint makes a sufficient taxpayer claim regarding an alleged waste of public funds, not an impermissible challenge to a discretionary act. Reversed.
Court: California Courts Of Appeal, Judge: Whitman, Filed On: June 8, 2023, Case #: A164736, Categories: Judiciary, Tax
J. Furman finds that a husband's appeal of a magistrate's permanent orders in a dissolution proceeding is untimely. The magistrate was acting with the parties' consent, so the husband's motion for reconsideration did not toll the statutory 49-day deadline to file a notice of appeal.
Court: Colorado Court Of Appeals, Judge: Furman, Filed On: June 8, 2023, Case #: 22CA0232, Categories: Family Law
J. Walter finds in favor of Experian Information Solutions for the consumer's defamation complaint alleging that the credit reporting company entered false information and records about the consumer that caused him $5.2 million in damages. The consumer does not offer sufficient evidence to support his argument that "Experian and their counsel are idiots," or provide any other evidence to support a finding of willfulness or malice.
Court: USDC Central District of California, Judge: Walter, Filed On: June 8, 2023, Case #: 2:22cv4268, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Defamation
J. May finds that defendant was properly convicted of battery of a person less than 14-years-old because evidence indicates defendant held and physically restrained his son for over an hour in an unreasonable use of force. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: June 8, 2023, Case #: 22A-CR-2534, Categories: Evidence, Battery
J. McShan finds that the lower court properly terminated a mother's parental rights to her two children based on findings of permanent neglect. The mother failed to plan for the future of her children by refusing to accept treatment for various mental health issues arranged by social service providers, and she downplayed these issues as mere anxiety. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: June 8, 2023, Case #: 532234, Categories: Family Law
J. Keough finds the jury's verdicts - guilty on one count of assault and not guilty on another - do not render defendant's convictions against the weight of the evidence or indicate inconsistency on the part of the jury. Each count of the indictment was separate and distinct, while the not guilty verdict may have been given out of leniency or compromise. Meanwhile, although the victim's out-of-court identification included her statement she was only "80 percent sure" defendant was the shooter, she identified him at trial and was corroborated by surveillance footage and other eyewitnesses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: June 8, 2023, Case #: 2023-Ohio-1892, Categories: Jury, Assault, Identification
J. Mayle finds that although defendant and two other witnesses testified he did not have any contact with his ex-wife or violate a protective order when he attended a grandchild's birthday party, his conviction was not against the weight of the evidence. The victim and her mother each testified about interactions at the party that went against the terms of the protective order, and it was up to the jury to determine the credibility of all the witnesses. Meanwhile, the failure by defendant's attorney to object to the admission of a previous menacing conviction did not constitute ineffective assistance of counsel because he was acquitted of the current menacing charge, while there was other substantial evidence to support the charges of which he was found guilty. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: June 8, 2023, Case #: 2023-Ohio-1908, Categories: Ineffective Assistance, Jury, Menacing
J. Tijerina finds that the lower court properly terminated the mother's parental rights to her son. The lower court had jurisdiction at the time of the order since it "effectively extended the automatic dismissal date." Also, the evidence sufficiently supports the best interest findings. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: June 8, 2023, Case #: 13-23-00045-CV, Categories: Civil Procedure, Family Law
J. Yun finds, on first impression, that the public integrity statute does not bar a third party from intervening when the attorney general files a civil complaint against a government entity based on a reasonable belief that the government entity violated individual civil rights. The state sued to enjoin a city fire department from using ketamine or other chemical sedatives at the direction of police. The trial court erred in denying a request by a firefighter and EMT union for intervention in the case. The union may not intervene as of right, but a district court may grant a request for permissive intervention if the applicant shares a question of law or fact in common with the main action. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: June 8, 2023, Case #: 22CA0988, Categories: Civil Procedure, Civil Rights
J. Baker finds the circuit court properly dismissed the legal malpractice complaint brought by a truck driver against the attorneys who failed to accomplish service, resulting in the dismissal of her personal injury suit arising from a rollover accident cause by an allegedly improperly loaded trailer. The statute of limitations expired, and the driver says the attorneys continued her litigation despite knowing it was useless. The driver failed to allege fraudulent concealment and the court of appeals affirmed the circuit court’s dismissal. Without fraudulent concealment the malpractice complaint was untimely. Affirmed. Court of appeals opinion vacated.
Court: Arkansas Supreme Court, Judge: Baker, Filed On: June 8, 2023, Case #: CV-21-417, Categories: Fraud, Legal Malpractice
J. Graham finds in favor of the truck driver and labor commission in a lawsuit from a concrete company challenging the commission's findings for the truck driver in proceedings he began after the company refused to accommodate his severe back pain by assigning him to a different kind of truck, then constructively fired him when he would not work until he was accommodated. Based on the facts in the record, including from the commission's proceedings, the company discriminated against the driver over his disability in violation of the Wisconsin Fair Employment Act by immediately and steadfastly shutting down his reasonable accommodation request despite it being on notice that he had a disabling condition preventing him from safely doing his job. The circuit court's ruling affirming the commission's decision in part ordering the driver reinstated and awarding him back pay is upheld, and the matter is remanded for the circuit court to award him attorney fees. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Graham, Filed On: June 8, 2023, Case #: 2021AP002028, Categories: Employment, Attorney Fees, Labor
J. Neeley finds the trial court properly convicted defendant, by guilty plea, for substance possession of less than one gram. The imposition of a time payment fee which is assessed for failure to pay is premature until thirty days after the resolution of the appeal. The fee must be struck. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: June 8, 2023, Case #: 12-23-00003-CR, Categories: Drug Offender, Due Process
Per curiam, the appellate division finds that attorney Laureen Ella Galeoto may be reinstated from her September 2022 suspension for failing to meet attorney registration requirements because Galeoto complied with the suspension order and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 8, 2023, Case #: PM-120-23, Categories: Attorney Discipline
[Consolidated.] J. Ceresia finds that the lower court properly convicted defendant of murder and gun possession based on the weight of the evidence, but a new trial must be held due to several instances of prosecutorial misconduct, including the court's failure to take corrective action after the prosecution used multiple witnesses to introduce prior bad acts evidence that suggested defendant's criminal propensity. Reversed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: June 8, 2023, Case #: 112665, Categories: Evidence, Murder, Prosecutorial Misconduct
J. Lampkin finds that the lower court improperly found the mother abused or neglected her four children, and placed them in the state or their father's custody. Defense counsel acquiesced to the state's request to admit 18,000 pages of medical records, including a damaging legal opinion from a medical doctor on which the lower court heavily relied. Counsel's failure to even attempt to shield her client from this damaging evidence constitutes deficient representation. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: June 8, 2023, Case #: 220881, Categories: Family Law
Per curiam, the appellate division finds that attorney Rachel Janger of Maryland may resign from the New York bar for nondisciplinary reasons. Initially, Janger was ineligible for such due to outstanding attorney registration requirements, but she demonstrated that she cured the delinquency.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 8, 2023, Case #: PM-123-23, Categories: Attorney Discipline