132 results for 'filedAt:"2023-08-21"'.
J. Kovner enters judgment in favor of Liberty Mutual on its breach of contract claims, finding a general contractor and its principals liable for $665,084 in unpaid expenses the insurer incurred litigating various claims filed against their surety bonds, which were issued in connection with state-governed construction projects.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: August 21, 2023, Case #: 1:21cv5130, NOS: Other Contract - Contract, Categories: Construction, Insurance, Contract
J. Colvin finds that the trial court properly convicted defendant of murder. The trial court correctly recharged the jury on malice murder and did not have to recharge the jury on defendant's defenses. Defendant failed to show that his trial counsel was deficient for failing to object to the state's decision to try defendant jointly with a co-defendant. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: August 21, 2023, Case #: S23A0710, Categories: Ineffective Assistance, Murder
J. McMillian answers two questions certified to the Georgia Supreme Court by the U.S. District Court for the Northern District of Ohio arising from the pharmaceutical companies' motion to dismiss the hospital authority's claims against them which have been consolidated into a federal multidistrict litigation. The hospital authority does not have legal authority to challenge the preemption provision in the settlement statute. The law was passed after the state entered into an opioid settlement agreement with the companies.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: August 21, 2023, Case #: S23Q486, Categories: Settlements
J. Warren finds that the trial court properly convicted defendant of murder, possession of marijuana with intent to distribute and possession of a firearm during the commission of a felony. Defendant failed to show that the trial outcome was likely affected by the trial court's failure to instruct the jury on justification and no duty to retreat. The evidence supporting defendant's self-defense theory was weak. Defendant also failed to show that the trial court committed any error by failing to instruct the jury on accomplice corroboration. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: August 21, 2023, Case #: S23A0550, Categories: Ineffective Assistance, Murder, Jury Instructions
J. Jordan denies a county court’s motion to dismiss claims of race discrimination alleged by a terminated white administrator, who says the Black woman that replaced her had less experience yet received higher pay. The county’s board of supervisors is dismissed as a party, but the discrimination claims against the judge survive.
Court: USDC Southern District of Mississippi , Judge: Jordan, Filed On: August 21, 2023, Case #: 3:22cv643, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment, Employment Discrimination
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J. Hartz finds that the lower court properly convicted defendant of possession of child pornography. Defendant claims that prosecutors made a series of errors during trial, such as preventing statements by his brother and allowing the government to present improper evidence of other types of pornography on his devices, but none of these alleged errors come close enough to justifying reversal. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: August 21, 2023, Case #: 22-5060, Categories: Prosecutorial Misconduct, Sex Offender
J. Birkett finds that the lower court properly ordered the Department of Corrections to decide on defendant's fitness restoration treatment, after finding defendant unfit to communicate with counsel. Commitment without treatment is unjust given there is no realistic chance defendant will recover from his mental illness without treatment. The Department must provide treatment and report every 90 days on defendant's fitness and treatment status. Affirmed.
Court: Illinois Appellate Court, Judge: Birkett, Filed On: August 21, 2023, Case #: 220065, Categories: Commitment
J. Warren finds that the trial court properly convicted defendant of murder, armed robbery, possession of a firearm during the commission of a felony and influencing a witness. Sufficient evidence was presented to support defendant's convictions. Defendant failed to show that his trial counsel performed deficiently or that he was prejudiced by the alleged deficiencies. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: August 21, 2023, Case #: S23A0508, Categories: Ineffective Assistance, Murder, Robbery
J. Feldman finds that the lower court properly ruled in favor of the City of Edmonds in its dispute with an apartment complex over the city's desire to build a walkway within an easement area. The record shows the city has enough property rights to construct the walkway, which the city has been attempting to build for several years. Affirmed.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: August 21, 2023, Case #: 84712-1-I, Categories: Municipal Law, Property
[Consolidated.] J. Henderson finds the trial court erroneously dismissed child abuse by endangerment charges against defendants when they were charged with operating a vehicle while intoxicated with a minor. A prosecutor has discretion to bring both charges when the facts of a case support them. Although the general/specific statutory rule requires a more specific charge be used when two criminal charges conflict, the two in this case have plainly different elements that allowed the prosecution to bring them against both defendants who appealed to this court. Reversed.
Court: New Mexico Court of Appeals, Judge: Henderson, Filed On: August 21, 2023, Case #: A-1-CA-40129, Categories: Criminal Procedure, Dui, Child Victims
J. McMillian finds that the trial court properly convicted defendant of murder and a firearm offense. Sufficient evidence was presented to support defendant's convictions and the trial court did not commit any error in denying defendant's motion to exclude a potential juror who worked at the county jail where defendant was housed waiting for trial. The potential juror did not sit on the jury, therefore defendant cannot show he was harmed. Defendant failed to show that his trial counsel performed deficiently or that he was prejudiced by the alleged deficiencies. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: August 21, 2023, Case #: S23A0518, Categories: Ineffective Assistance, Jury, Murder
J. Breedlove finds that the lower court properly ruled in favor of the appellee in this suit concerning certain real property and bank accounts, which were allegedly not divided in the parties' divorce. The evidence sufficiently supports a finding that the divorce "disposed of all property subject to division." Specifically, the evidence shows that certain India properties were sold prior to mediation. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: August 21, 2023, Case #: 05-22-00022-CV, Categories: Family Law, Property, Real Estate
J. Warren finds that the trial court properly convicted defendant of offenses including felony murder based on possession of a firearm by a first-offender probationer. Under the modified merger rule, the trial court correctly refused to merge defendant's felony murder count into the verdict for voluntary manslaughter as a lesser offense of malice murder. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: August 21, 2023, Case #: S23A0607, Categories: Murder, Sentencing
J. Ellington finds that the trial court properly denied defendant's motion for a new trial following his murder and cruelty to children convictions. Defendant failed to show that he was prejudiced by his trial counsel's failure to object to a crime scene technician's fiber evidence opinion testimony or by his counsel's failure to present expert testimony rebutting the technician's opinion. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: August 21, 2023, Case #: S23A0465, Categories: Ineffective Assistance, Murder
J. Bethel finds that the trial court properly convicted defendant of murder and concealing the death of another. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant stabbed the victim more than 20 times with a knife and a screwdriver and took extensive measures to hide the victim's body. The trial court correctly denied defendant's motion to suppress incriminating statements he made during his custodial interview with police. Defendant did not unequivocally invoke his right to remain silent by refusing to respond to questions. Defendant failed to show that the clumsily-worded verdict form probably affected the trial outcome. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: August 21, 2023, Case #: S23A0601, Categories: Murder
J. Per curiam, the Fifth Circuit finds the trial court properly convicted defendant by plea agreement for the sexual abuse of his and his codefendant’s daughters, aged 4 and 6 respectively, and other crimes related to child pornography. All evidence, including forensic investigation and interviews, supports the conviction. All sentencing factors were thoroughly and correctly considered. The government has not met its burden of providing enough evidence to estimate the victim’s losses with reasonable certainty and the awards are vacated. Affirmed in part. Vacated in part and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 21, 2023, Case #: 22-40516, Categories: Sex Offender, Child Victims, Child Pornography
J. Pinson finds that the trial court properly convicted defendant of murder and other offenses. Sufficient evidence was presented to support defendant's malice murder conviction, including evidence that defendant stabbed the victim 50 times and was not acting in self-defense. The trial court did not commit any error by failing to instruct the jury that defendant had no duty to retreat before using deadly force in self-defense. The state did not argue that defendant should have retreated. Defendant failed to show that he was prejudiced by his counsel's allegedly deficient performance. Although defendant's felony murder conviction should have been vacated by operation of law rather than merged, the error has no actual effect on defendant's sentence. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: August 21, 2023, Case #: S23A0613, Categories: Ineffective Assistance, Murder
J. Bacharach finds that the lower court properly tosses class securities claims against SpiritAeroSystems alleging that the company has engaged in securities fraud as a result of decreased sales and some accounting control issues. The most significant reason for the loss in sales was the fact that the company made parts for a Boeing airplane that eventually stopped being produced, but there is no meaningful evidence on the record that implies the company knew about the production halt. Affirmed.
Court: 10th Circuit, Judge: Bacharach, Filed On: August 21, 2023, Case #: 22-5013, Categories: Securities
J. Mays denies defendant's application to reopen his appeal, ruling his attorney's failure to raise the issue of the trial court's refusal to allow a video to be played for the jury did not constitute ineffective assistance. Although the prosecution stipulated to the admission of the video, defendant planned to use it to impeach the testimony of a non-testifying witness and, therefore, it was inadmissible.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: August 21, 2023, Case #: 2023-Ohio-2951, Categories: Evidence, Ineffective Assistance
J. Thrash denies the television programming distributor's motion to dismiss a breach of contract action brought by the company arising from the distributor's alleged failure to pay licensing fees. The distributor is based in the United States in Georgia and the company is based in Romania. The forum selection clause in the parties' agreement is permissive in nature.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: August 21, 2023, Case #: 1:22cv4841, NOS: Other Contract - Contract, Categories: Contract
J. Komitee dismisses, for lack of personal jurisdiction, claims brought against a litigant’s former business partner alleging he transferred ownership of a patent he claimed an interest in as part a settlement agreement that arose from the dissolution of their Nevada-based gaming company. None of the defendants reside or have any connection to the state of New York, thus the court does not have jurisdiction over them.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: August 21, 2023, Case #: 2:21cv7080, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract