139 results for 'filedAt:"2023-07-21"'.
J. Welbaum finds that the lower court properly convicted defendant of felony kidnapping with a firearm specification and misdemeanor assault. The outcome of the trial wouldn’t have been any different had the state “timely disclosed” DNA evidence, as that evidence supported the conviction. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: July 21, 2023, Case #: 2023-Ohio-2508, Categories: Evidence
J. Murphy denies Philadelphia's motion to dismiss Fourteenth Amendment and conspiracy claims from an individual who spent 27 years in prison before having his murder conviction vacated. After the original conviction was vacated due to fabricated evidence, the individual agreed to plead no contest to a lesser third-degree murder charge, which meant he would not have to go through another trial and would not have to spend any more time in prison. Allowing the individuals claims to proceed would not necessarily invalidate the second conviction, as "it is plausible that the second conviction is insulated from the conduct he claims violated his constitutional rights."
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: July 21, 2023, Case #: 2:22cv3474, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Police Misconduct
J. Keller finds that the lower court improperly denied defendant’s motion to correct an illegal sentence. The lower court should have dismissed the defendant’s motion because it lacked subject matter jurisdiction as the requirement that defendant register as a sex offender was not part of his sentence. Reversed.
Court: Connecticut Court Of Appeals, Judge: Keller, Filed On: July 21, 2023, Case #: AC 45288, Categories: Sentencing
J. Prescott finds that the habeas court properly rejected petitioner’s claims that counsel in two prior habeas actions provided ineffective assistance by failing to raise claims that his criminal trial counsel did not conduct a proper investigation to identify exculpatory witnesses or call such witnesses to trial. Petitioner “failed to meet his burden of demonstrating deficient performance.” Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: July 21, 2023, Case #: AC 45232, Categories: Habeas
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J. Seeley finds that the trial court lacked jurisdiction over defendant’s claim regarding the denial of his request for self-representation. Defendant’s claim the court improperly prohibited him from representing himself at the sentencing hearing plausibly challenges that proceeding and “meets the threshold for subject matter jurisdiction with respect to a motion to correct an illegal sentence.” Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: July 21, 2023, Case #: AC 45614, Categories: Self Representation
J. Moll finds that the lower court properly issued a judgment of strict foreclosure in favor of the loan servicing company in this residential mortgage foreclosure case. The defendant lacks standing to raise her second special defense. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: July 21, 2023, Case #: AC 45926, Categories: Foreclosure
J. Pratt finds the lower court improperly granted summary judgment to the brokers of a real estate purchase. The seller stipulated that the sale of her property not be to a specific broker or any of his affiliates, yet using a shell company the brokers did just that. The seller filed suit, and the lower court granted summary judgment to the brokers, finding the contracts non-reliance clause prevented the seller from making claims against the brokers. But the instant court finds that the non-reliance clause required the signatures of the brokers in order for it to be enforceable, and they did not sign it. The matter is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: July 21, 2023, Case #: 5D22-1410, Categories: Fraud, Real Estate, Contract
J. Pratt finds the lower court improperly granted summary judgment to the brokers of a real estate purchase. The seller stipulated that the sale of her property not be to a specific broker or any of his affiliates, yet using a shell company, the brokers did just that. The seller filed suit, and the lower court granted summary judgment to the brokers, finding the contracts non-reliance clause prevented the seller from making claims against the brokers. But the instant court finds that the non-reliance clause required the signatures of the brokers in order for it to be enforceable, and they did not sign it. The matter is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: July 21, 2023, Case #: 5D22-1557, Categories: Fraud, Real Estate, Contract
J. Lambert finds the lower court properly revoked defendant’s probation, but improperly calculated the resulting sentence. Defendant was convicted in three separate cases and was sentenced to community control. When defendant violated the terms of his probation, he was ordered by the lower court to serve a split sentence of 30 months in prison, followed by 24 months of drug offender probation, on all counts in each case, to be served concurrently. While the instant court agrees with the probation revocation, the sentence must be amended so as not to exceed the statutory five-year cap; therefore, defendant is entitled to probation credit for the amount of time her served in excess of six months in his two earliest cases, to be credited against his 24 months of drug offender probation. Judgment in the third case is affirmed. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: July 21, 2023, Case #: 5D22-2761, Categories: Drug Offender, Probation, Sentencing
J. Lambert finds the lower court properly revoked defendant’s probation, but improperly calculated the resulting sentence. Defendant was convicted in three separate cases and was sentenced to community control. When defendant violated the terms of his probation, he was ordered by the lower court to serve a split sentence of 30 months in prison, followed by 24 months of drug offender probation, on all counts in each case, to be served concurrently. While the instant court agrees with the probation revocation, the sentence must be amended so as not to exceed the statutory five-year cap; therefore, defendant is entitled to probation credit for the amount of time her served in excess of six months in his two earliest cases, to be credited against his 24 months of drug offender probation. Judgment in the third case is affirmed. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: July 21, 2023, Case #: 5D22-2762, Categories: Drug Offender, Probation, Sentencing
J. Lambert finds the lower court properly revoked defendant’s probation, but improperly calculated the resulting sentence. Defendant was convicted in three separate cases and was sentenced to community control. When defendant violated the terms of his probation, he was ordered by the lower court to serve a split sentence of 30 months in prison, followed by 24 months of drug offender probation, on all counts in each case, to be served concurrently. While the instant court agrees with the probation revocation, the sentence must be amended so as not to exceed the statutory five-year cap; therefore, defendant is entitled to probation credit for the amount of time her served in excess of six months in his two earliest cases, to be credited against his 24 months of drug offender probation. Judgment in the third case is affirmed. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: July 21, 2023, Case #: 5D22-2763, Categories: Drug Offender, Probation, Sentencing
J. Wallis finds the lower court improperly awarded a wife a share of her husband’s pre-age 62 Federal Employee Retirement System Disability Retirement benefits. While both parties agreed that portions of their retirement benefits should be equitably distributed, the wife also sought distribution of the husband’s disability benefits. Because the husband’s benefits are non-marital disability benefits, they are not subject to marital distribution. Reversed.
Court: Florida Courts Of Appeal, Judge: Wallis, Filed On: July 21, 2023, Case #: 5D23-103, Categories: Family Law, Pensions
J. Hill finds a lower court properly dismissed an electronics company's trade secrets claims against an equipment manufacturer, who won a government contract bid to manufacture a technology test system. The electronics company argued that the equipment manufacturer infringed on its trade secrets in order to create a "price-competitive" proposal." However, the intellectual property involved in the proposal was already available to the public. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Hill, Filed On: July 21, 2023, Case #: 119,563, Categories: Trade Secrets, Unfair Competition, Contract
J. Sparks finds defendant was properly convicted of murder for striking his six-month-old child in the face, resulting in the child’s death. Defendant argues that the court erroneously allowed a victim’s impact statement and video. While the victim’s impact statement was in the wrong format, the instant court finds that neither presented any information that was not already submitted during trial, and did not prejudice the defendant.
Court: Court of Appeals for the Armed Forces, Judge: Sparks, Filed On: July 21, 2023, Case #: 23-0027, Categories: Murder
J. Casper grants an insulation service company's motion to stop a former employee from violating contractual non-solicitation and confidentiality obligations. The former employee has already accepted work from one of the insulation company's prior customers on behalf of one of its competitors within a month of leaving the insulation service company, demonstrating a high likelihood of success for the company's misappropriation of trade secrets claim.
Court: USDC Massachusetts, Judge: Casper, Filed On: July 21, 2023, Case #: 1:23cv11375, NOS: Other Contract - Contract, Categories: Trade Secrets, Unfair Competition, Injunction
J. Clark finds for the union in a lawsuit filed by two appliance technicians alleging the union breached its duty of fair representation and their employer, GE, breached the collective bargaining agreement. The union members failed to show that their grievances had merit. Rather, the union investigated the grievances and decided not to pursue them.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: July 21, 2023, Case #: 4:22cv285, NOS: Employment - Civil Rights, Categories: Labor / Unions
J. Byrne finds the trial court improperly ruled against the Texas Commission on Environmental Quality (TCEQ) in a permitting case brought by a group opposed to the construction of a liquified natural gas pipeline. Under federal law, the authority to consider challenges to the permitting of natural gas terminals rests with a federal appeals court, not with state courts. Reversed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: July 21, 2023, Case #: 03-21-00395-CV, Categories: Environment, Licensing, Agency
J. Jenkins finds that the trial court should not have granted defendant's post-conviction relief claim, in which he sought relief from the life sentence imposed after being adjudicated a third felony offender. In this case, defendant's application did not raise a claim of ineffective assistance. Also, the trial court's reinstatement of the three-year sentence was improper based on its own prior ruling which denied defendant's motion to quash the first multiple bill based on the validity of the 2016 plea agreement. Vacated.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: July 21, 2023, Case #: 2023-K-0396, Categories: Ineffective Assistance, Sentencing
J. Garcia grants a motion to dismiss brought by several parties in a wrongful death suit stemming from a car accident after an insurer sued seeking injunctive relief declaring a cap to potential damages. As a state court is already in the process of addressing these questions of liability and damages, the federal court has "no sound legal or factual basis to exercise jurisdiction" over this issue.
Court: USDC New Mexico, Judge: Garcia, Filed On: July 21, 2023, Case #: 2:22cv737, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Wrongful Death
J. Cassel finds the Nebraska Court of Appeals improperly found the driver’s action for damages a nullity, being that the original complaint was filed against the other driver’s closed estate; the other driver died of unrelated causes. The first amended complaint was filed after the driver’s application to reopen the estate was granted and the administrator was reappointed, validly commencing a proceeding within the limitations period. Reversed and remanded with directions.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: July 21, 2023, Case #: S-21-1041, Categories: Vehicle, Damages, Due Process
J. Winmill denies the inn defendants' dismissal motion in this lawsuit brought by the U.S. Department of Labor alleging that the inn constructively terminated an individual's employment after the individual spoke with a department investigator. The department asserts a retaliation claim under the Fair Labor Standards Act against the inn defendants, as well as an obstruction claim. Their dismissal motion is denied as to both claims, as the current action is not barred by a previous subpoena action.
Court: USDC Idaho, Judge: Winmill, Filed On: July 21, 2023, Case #: 4:22cv398, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Employment Retaliation, Labor
J. Brown finds that the trial court properly denied defendant's motion for bail on his indictments charging him with first-degree murder and conspiracy to commit first degree murder, with the state forgoing capital punishment. Although defendant's offense no longer qualifies as capital, since he was charged with murdering a witness in another case, he posed an imminent danger to others connected to this case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: July 21, 2023, Case #: 2023-K-0403, Categories: Murder, Bail
J. Gorton partially allows the call center agents' motion for conditional certification of the putative collective in a suit against their employer for failure to pay them properly. The class can't be all of the call center agents who worked under the employer in question during a certain interval of time; it has to be narrowed to "All current and former hourly call center agents who worked for Liberty Mutual Group, Inc. and were assigned to its New Castle, Pennsylvania office at any time during the past three years."
Court: USDC Massachusetts, Judge: Gorton, Filed On: July 21, 2023, Case #: 1:22cv11687, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action
J. Gleason dismisses the individual plaintiff's lawsuit, in which he seeks "to reopen a prior case." The court notes that the complaint is "fundamentally flawed" and provides the court with no basis to reopen the previous case. Additionally, to the extent that he attempts to assert a new claim under the Racketeer Influenced and Corrupt Organizations Act, the addition cannot revive a "barred action."
Court: USDC Alaska, Judge: Gleason, Filed On: July 21, 2023, Case #: 3:23cv46, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Procedure, Racketeering
Per curiam, the Nebraska Supreme Court dismisses this appeal brought by a tenant who was evicted for making violent threats against other tenants and whose request for jury trial was denied by the county court. Before the tenant’s appeal of the decision in favor of the landlord at bench trial was decided, a writ of restitution was issued, whereby she was removed from the property. The appeal is moot, as the evicted tenant’s lease expired two years ago and there is no basis for her to claim a current right of possession. Though the tenant may experience negative collateral consequences, the Nebraska Supreme Court has previously refused to apply the collateral consequences exception to mootness outside a criminal context.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: July 21, 2023, Case #: S-22-272, Categories: Constitution, Landlord Tenant, Due Process