112 results for 'filedAt:"2023-10-10"'.
J. Beales finds the lower court properly convicted defendant of three counts of first-degree murder, three counts of abduction with the intent to extort money, three counts of child abuse or neglect, three counts of child endangerment or cruelty, one count of robbery, one count of conspiracy to commit robbery, and one count of conspiracy to commit abduction with the intent to extort money for his role in a scheme to rob a man of money and at least two kilograms of cocaine. During the execution of the plan, defendant and other members of his group moved three members of a family into separate rooms, restrained them, then slit their throats. After completion of the killings, the defendant and others departed the home leaving a 17-month-old toddler and a one-month-old baby unattended until a family member discovered them and the bodies days later. Evidence is sufficient to support defendant’s convictions. Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: October 10, 2023, Case #: 0643-22-2, Categories: Murder, Robbery, Kidnapping
J. Thomas finds that the district court properly denied serial killer Douglas Clark's habeas corpus petition challenging his California conviction and capital sentence for six counts of first-degree murder. Clark attempted a pro se defense but was found guilty and sentenced to death in 1983. The state court’s decision to consider Clark’s threat to “stand mute” before the jury in light of the record as a whole was not an unreasonable application of a precedent which permits the termination of self-representation when a defendant deliberately engages in serious and obstructionist misconduct. Affirmed.
Court: 9th Circuit, Judge: Thomas, Filed On: October 10, 2023, Case #: 21-99008, Categories: Habeas, Murder
J. Donnelly finds the appeals court erroneously overturned the trial court's decision to grant defendant's motion to dismiss on speedy trial grounds. He satisfied notice requirements under Ohio law when he delivered a request for disposition of the criminal charges to the warden of the facility where he was incarcerated on other convictions. Although the warden failed to deliver any of defendant's numerous requests to the relevant prosecuting attorney or trial court, defendant complied with Ohio law when he sent notice to the warden and, therefore, the trial court properly dismissed the case on speedy trial grounds. Reversed.
Court: Ohio Supreme Court, Judge: Donnelly, Filed On: October 10, 2023, Case #: 2023-Ohio-3647, Categories: Criminal Procedure, Speedy Trial
J. Sannes declines to enter default judgment against one of the transportation firms involved in the loss of the litigant’s cargo, which included $70,000 worth of auto parts, during transport from New York to Texas. The court finds several claims are preempted by the Carmack Amendment governing interstate commerce, and the litigant fails to provide any evidence that firmly establishes the contractual arrangement between itself and those involved.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 10, 2023, Case #: 6:22cv1081, NOS: Other Contract - Contract, Categories: Commerce, Transportation, Contract
J. Fenn finds the lower court properly convicted defendant of interference with a peace officer for injuring a corrections officer in the penitentiary in which he is serving three consecutive life sentences. Defendant argues his right to due process was violated when the court conducted an Asch hearing in his absence, but the instant court finds the court appropriately conducted the Asch hearing without defendant present, as he waived that right when he refused to attend. Affirmed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: October 10, 2023, Case #: 2023WY97, Categories: Due Process
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. McCarty finds the lower court properly convicted defendant of first-degree murder and possession of a firearm by a felon. Defendant shot into an apartment window after having a physical altercation with the occupant. One of the shots hit the occupant, puncturing his heart and lung, killing him. Evidence is sufficient to support defendant’s convictions and sentence of life plus 10 years. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: October 10, 2023, Case #: 2022-KA-00815-COA, Categories: Evidence, Firearms, Murder
J. Holloway finds the lower court properly convicted defendant of facilitation of aggravated robbery after his friend was found in his truck shot in the back of the neck and defendant admitted to taking drugs from the victim’s home. Evidence is sufficient to support his conviction and six-year sentence to be served incarcerated. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: October 10, 2023, Case #: W2022-01516-CCA-R3-CD, Categories: Evidence, Robbery
J. Joseph grants a request for a discovery order by multiple corporations being sued by 259 litigants for personal injuries and property damages, arising from toxic leaks at a now-closed pipe valve manufacturing facility in central Louisiana. Entry of a so-called “Lone Pine Order,” a discovery tool requiring litigants to meet an evidentiary threshold, will simplify complex issues, streamline costs, and help prepare for a consolidated, “Phase I” trial on common facts set for May 2024. District courts in the Fifth Circuit routinely enter Lone Pine orders in mass tort cases to facilitate case management and provide structure to the discovery process.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: October 10, 2023, Case #: 1:20cv1346, NOS: Torts to Land - Real Property, Categories: Environment, Damages, Discovery
J. McDonald finds the lower court properly convicted defendant of armed robbery for robbing a gas station with a gun, sentencing him to 33 years in the custody of the Mississippi Department of Corrections. Defendant argues that evidence of his interrogation should not have been allowed into evidence as it constitutes evidence of other bad acts and prejudiced him, but the lower court found his statements to be voluntary and therefore admissible. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McDonald, Filed On: October 10, 2023, Case #: 2022-KA-00607-COA, Categories: Evidence, Robbery
J. Brown finds a lower court properly dismissed a father's challenge to a ruling in favor of his ex-wife. The father argued that the lower court erred in imposing unpaid child support. However, the ex-wife presented sufficient evidence in court that he failed to pay interest on his legal obligation to support the child. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Brown, Filed On: October 10, 2023, Case #: 1 CA-CV 22-541, Categories: Family Law
J. Wolfe finds that the trial court properly awarded the property owner damages of $86,550 in a suit against a contractor over defective work on a project to elevate her home in connection with a federal flood mitigation program. There was no error in the admission of an expert's testimony as to property damages. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: October 10, 2023, Case #: 2023CA0058, Categories: Construction, Experts, Contract
J. Huff declines to reconsider a judgment awarding the employer $55,000 in damages for its lawsuit against the former employee, who was accused of failing to perform his job and then stealing confidential intellectual property from the employer to create his own company. The employer provided sufficient evidence to show that the employee did not produce any functioning work-product during his employment as a software engineer. The employer also submitted exhibits in which the employee claimed to have the company's intellectual property and was attempting to sell it.
Court: USDC Southern District of California, Judge: Huff, Filed On: October 10, 2023, Case #: 3:20cv259, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Trade Secrets, Conversion, Contract
J. Pepper grants the consumer's motion to remand to state court her lawsuit claiming the debt collector's dunning letter overstated the amount of her debt and made misleading statements about potential late charges and other fees. The consumer correctly argues that she lacks standing to bring her suit under federal rules because she has not suffered a concrete injury, so the court lacks subject-matter jurisdiction over her case. The consumer is awarded costs associated with filing her motion to remand, as the debt collector had no reasonably objective basis to remove the case in the first place.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: October 10, 2023, Case #: 2:23cv870, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Jurisdiction
J. Frimpong denies in part the county's and its employees' motion to dismiss a mother's allegations that county employees violated her Fourteenth Amendment and First Amendment rights when Department of Children and Family Services social workers allegedly misrepresented what her child said in interviews, resulting in the father, who the child had accused of sexual abuse, receiving custody. The statute of limitations does not bar the mother's claims against certain county employees. The mother has adequately pleaded claims against some county employees for violation of the right to familial association under the Fourteenth Amendment.
Court: USDC Central District of California, Judge: Frimpong, Filed On: October 10, 2023, Case #: 2:22cv6900, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Kleeh grants the hydrocarbon exploration company's motion to certify two questions to the West Virginia Supreme Court in the Harrison County landowners' class action disputing the company's practice of deducting post-production costs and not paying royalties based on the price received at the point of sale. The questions are: 1). Do the requirements of Wellman v. Energy Resources and Estate of Tawney v. Columbia Natural Resources, extend only to the “first available market” as opposed to the “point of sale” when the duty to market is implicated? and 2). Does the first marketable product rule extend beyond gas to require a lessee to pay royalties on natural gas liquids (NGLs), and if it does, do the lessors share in the cost of processing, manufacturing, and transporting the NGLs to sale?
Court: USDC Northern District of West Virginia, Judge: Kleeh , Filed On: October 10, 2023, Case #: 1:17cv88, NOS: Other Contract - Contract, Categories: Energy, Class Action, Contract
J. Lawrence finds the lower court properly convicted defendant of possession of methamphetamine with the intent to distribute, but improperly convicted him for conspiracy to sell methamphetamine, as evidence was insufficient to support the conviction. Defendant’s 60-year sentence as a habitual offender for the possession conviction remains intact, but his concurrent 20-year sentence for the conspiracy conviction is reversed. Reversed in part.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: October 10, 2023, Case #: 2022-KA-00179-COA, Categories: Drug Offender, Evidence, Sentencing
J. Krause finds the trial court properly granted summary judgment to the California insurance agency in this challenge of the insurance commissioner’s finding that the State Compensation Insurance Fund violated code by miscalculating workers’ compensation policy premiums of the drapery cleaning business. The fund entered into a settlement agreement with the California Department of Insurance rather than challenging that ruling through a petition for writ of mandate. In a separate action, the department took official notice of key documents from the file at issue and gave preclusive effect to the decision, which the fund perceived to be a breach of the settlement agreement. The fund has failed to show that the court abused its discretion by denying its motion to compel extra-record evidence. Affirmed.
Court: California Courts Of Appeal, Judge: Krause, Filed On: October 10, 2023, Case #: C093897, Categories: Administrative Law, Insurance, Workers' Compensation
J. McConnell denies the cancer treatment developer’s petition for a writ of mandamus challenging the trial court’s denial of its motion to dismiss this shareholder dispute as not complying with forum selection clauses in its certificate of incorporation. The trial court properly declined to enforce forum selection after finding that the Delaware Court of Chancery provides no right to a civil jury trial, depriving the shareholder of that right in violation of California public policy. A partial dismissal as sought by the developer would require litigation in multiple, widespread courts, creating a risk of inconsistent findings. The opinion is modified with footnotes addressing the court of appeal’s declining to address new arguments, and there is no change in the judgment.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: October 10, 2023, Case #: D081670, Categories: Judiciary, Securities, Venue
J. Lie grants the county’s petition for a writ of mandate directing the trial court to modify its discovery order in the underlying land use dispute involving allegations that the county tried to bury a report that a potential chemical release at a plant adjacent to a project site presented a risk to the public. A legal education nonprofit’s attempt to use the Civil Discovery Act as a shortcut to enforce the Public Records Act is not permissible, and the portion of the order compelling compliance with the Public Records Act by way of the Civil Discovery Act is reversed because of the potential for abuse in the breadth of pretrial discovery. “Writ review is appropriate in discovery matters where ... it is necessary to address ‘questions of first impression that are of general importance to ... courts ... and where ... guidelines can be laid down for future cases.’”
Court: California Courts Of Appeal, Judge: Lie, Filed On: October 10, 2023, Case #: H050285, Categories: Environment, Agency, Discovery
J. Crotty partially denies the city's motion to dismiss a mother's claims stemming from the alleged sexual abuse her son experienced in foster care homes. The foster care home cannot locate any of the child's mental health treatment records, giving rise to an inference that it did not comply with the requirements of his case plan. The foster care home qualifies as a state actor, and may be sued under the Adoption Assistance and Child Welfare Act.
Court: USDC Southern District of New York, Judge: Crotty, Filed On: October 10, 2023, Case #: 1:21cv4649, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Family Law