163 results for 'filedAt:"2023-10-31"'.
J. Palafox finds a lower court mostly ruled correctly in convicting defendant of unlawful possession of a firearm as a felon. While defendant argues that prior gun laws are “now in question” following the Supreme Court’s decision in Bruen, legal precedent around firearms has generally been “premised on the principle that felons had historically lacked Second Amendment rights.” However, a “clerical error” in the lower court judgment misstates the statute which defendant violated and should be fixed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: October 31, 2023, Case #: 08-23-00057-CR, Categories: Constitution, Firearms, Civil Rights
J. Chehardy finds that the trial court properly denied defendant's motion for new trial on his conviction for second-degree murder. In this case, there was no error of law, and even if the jurors engaged in predeliberation communications, defendant did not make an allegation of outside influence,
extraneous prejudicial information, or objectively verifiable misconduct. Defendant's sole allegation, that an alternate juror indicated that deliberations "would not take too long," did not warrant the trial court to hold an evidentiary hearing. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: October 31, 2023, Case #: 22-KA-446, Categories: Evidence, Murder
J. Faber grants the debt collection agency's motion for summary judgment in the student's suit alleging violations of the West Virginia Consumer Credit and Protection Act by the manner in which it and two subcontractors attempted to collect on her defaulted student loans. A July 12, 2019, letter sent to her that included "fees and costs" associated with collecting the debt was not deceitful since it had the approval of the U.S. Department of Education.
Court: USDC Southern District of West Virginia, Judge: Faber, Filed On: October 31, 2023, Case #: 1:21cv21, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Business Practices, Class Action
J. McClendon finds that the trial court partly erred in finding the mother in contempt in a family law case. For instance, the circumstances do not support the findings as to the mother's alleged refusal to share medical information about the child's therapy. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: October 31, 2023, Case #: 2022CA1326, Categories: Contempt, Family Law
J. Pappert sanctions a former Pennsylvania lawyer, who has now moved to Florida, for filing a baseless motion in this unfair debt collection case and then failing to travel from Florida to argue the case in court. A sanction of $1,000 to the court is appropriate in order to discourage the lawyer from repeating similar behavior in the future.
Court: USDC Eastern District of Pennsylvania, Judge: Pappert, Filed On: October 31, 2023, Case #: 2:18cv243, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Sanctions, Attorney Discipline
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J. Higginson finds the trial court properly convicted defendant for three counts of juvenile molestation. Defendant’s adult daughters, who were molested by him as juveniles, contacted the Department of Children and Family Services and law enforcement when they discovered that their father had remarried and was living in a house with young children. Interviews with the children revealed that they had been molested. The evidence presented is sufficient for conviction. Defendant’s explanations for his behaviors as intended to help the children go the restroom do not concur with the facts and are properly rejected. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: October 31, 2023, Case #: 21-30638, Categories: Evidence, Sex Offender, Child Victims
J. Worthen finds the trial court improperly granted the parents' motion for summary judgment in this suit arising upon their son's accidentally killing his friend with a shotgun during a prank. The at-fault parents originally settled with the parents of the deceased for $25,000, but late discovery indicated that the at-fault son’s grandfather had given false testimony, resulting in their seeking recission and a suit for damages. Because no summary-judgment evidence shows that the parents of the deceased filed a second lawsuit raising the same claims as those in the underlying litigation, the at-fault parents’ affirmative defense of res judicata does not apply. Other arguments regarding summary judgment evidence authentication are not preserved for review. Reversed and remanded. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: October 31, 2023, Case #: 12-23-00140-CV, Categories: Negligence, Due Process, Wrongful Death
Per curiam, the appeals court finds a county court properly terminated the mother’s parental rights to her minor daughter. The Texas Department of Family and Protective Services took possession of the child after the mother failed to complete her plan of service and had made no attempts to see the child. Clear and convincing evidence shows that the mother knowingly placed the child in conditions endangering her wellbeing, constructively abandoned the child, and failed to complete a court-ordered substance abuse treatment program. All evidence supports the best interest finding and the court agrees with the mother’s attorney that the appeal is frivolous. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00174-CV, Categories: Family Law, Guardianship
Per curiam, the appeals district dismisses this appeal from the trial court’s establishing the parent-child relationship with the father. The court of appeals has no record of the father’s timely appeal of the 2001 order. In 2021, the father began filing notices of appeal contending that he is not the father, which were dismissed for failure to comply with appellate rules. The father’s repeated filing to raise the same contention, and his failure to respond to jurisdictional notices and comply with rules, all result in dismissal, waste judicial and fiscal resources, and constitute bad faith abuse.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00259-CV, Categories: Civil Procedure, Family Law, Guardianship
Per curiam, the appeals court finds the county court properly revoked defendant’s deferred adjudication community supervision for drug possession charges. The revocation was based on her pleading true to charges of possession, resisting arrest and tampering with evidence. Testimony by her supervision officer and a police officer support the convictions, and defendant's counsel has filed a brief stating that there are no arguable issues. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00101-CR, Categories: Drug Offender, Evidence, Probation
Per curiam, the appeals court finds the county court properly revoked defendant’s deferred adjudication community supervision for burglary of a habitation. Defendant pleaded true to all allegations including failure to appear, failure to submit to urinalysis, and failure to pay fees, and a hearing was conducted on the allegation of online sexual solicitation of a minor. An officer who posed as a 14-year-old girl online testified that he exchanged photos of the purported girl with someone using a phone number associated with defendant, who indicated that he was “DTF.” All evidence supports the revocation and defendant’s counsel has found no arguable points for appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00111-CR, Categories: Probation, Sex Offender, Child Victims
Per curiam, the appellate court dismisses defendant’s appeal. Defendant filed a notice of appeal after the limitations period and did not file a motion for extension. Although he attempted to timely file, and the notice was not timely filed due to no fault of his own, the court of appeals lacks authority to extend the time for perfecting an appeal.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00247-CR, Categories: Criminal Procedure, Jurisdiction, Due Process
J. Wilson finds that the trial court partly erred in denying the motions to dismiss of the client and media consultant who were sued by an attorney for defamation over an alleged libelous video. The Texas Citizens' Participation Act motions should have been granted in part, for instance with respect to the invasion of privacy claims. Reversed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: October 31, 2023, Case #: 14-22-00724-CV, Categories: Anti-slapp, Defamation, Attorney Fees
J. Jacobs finds a lower court improperly denied a police officer's motion to dismiss a civilian's personal injury claims. The civilian argued that the police officer was vicariously liable when he hit him with a patrol car as he rode his bike across a crosswalk, which resulted in injuries. However, the police officer sufficiently showed in court that the civilian breached traffic rules when he failed to yield the right-of-way near a traffic-control device, and that he failed to state a specific settlement amount for his injuries. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Jacobs, Filed On: October 31, 2023, Case #: 1 CA-SA 23-154, Categories: Tort, Negligence
J. Anello finds that the employee has plausibly pleaded a claim for retaliation in violation of the Sarbanes Oxley Act against the bank based upon her belief that she was reporting a violation of SEC rules. The employee has sufficiently alleged that her complaints regarding the bank's failure to maintain adequate internal controls and inaccurate certification of those controls in its financial reports led to the bank retaliating against her.
Court: USDC Southern District of California, Judge: Anello, Filed On: October 31, 2023, Case #: 3:22cv386, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Frank grants the employer's motion for summary judgment in the employee's suit alleging that his termination was racially discriminatory, and denies a request to file four exhibits submitted at a summary judgment hearing. The employee's claims under the Minnesota Human Rights Act are time-barred, he has not exhausted his administrative remedies for his retaliation claims, and he has not demonstrated a causal link between alleged racially derogatory statements by supervisors, patients and coworkers and his termination. The employer, meanwhile, has provided a non-discriminatory reason for his firing, namely a significant number of complaints from other staff and from patients in the two years before his termination. He also has not demonstrated that his work environment was objectively hostile.
Court: USDC Minnesota, Judge: Frank, Filed On: October 31, 2023, Case #: 0:21cv1407, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Tostrud grants summary judgment to the patent defendants in a dispute over commercial lighting control panels. The evidence the patent claimant has identified in support of its argument that a reasonable juror could find that panels manufactured and installed by the defendants infringe on its patents is insufficient to support that contention, since the panels do not include "soft start circuitry" or a "plurality of soft start LED light banks" couple with that circuitry, as specified in the patents at issue.
Court: USDC Minnesota, Judge: Tostrud, Filed On: October 31, 2023, Case #: 0:23cv150, NOS: Patent - Property Rights, Categories: Patent
J. Bishop finds the county court improperly terminated the father’s rights to his minor daughter. The child was abandoned at a hospital and the state took custody, being the parents were unknown. In its order terminating parental rights, the juvenile court’s finding of unfitness was based on the father’s conduct of domestic violence prior to the child’s abandonment, and parental unfitness was not proven. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 31, 2023, Case #: A-23-158, Categories: Evidence, Family Law, Guardianship
J. Trenga grants summary judgment to the school board on First Amendment claims for lack of standing. Conservative parents claimed the student equity ambassador program, aimed at allowing students to participate in discussions about equity and to promote the voices of students of color, discriminated against those with non-progressive views. The children of these parents never showed any interest in applying for an ambassador position.
Court: USDC Eastern District of Virginia, Judge: Trenga, Filed On: October 31, 2023, Case #: 1:21cv669, NOS: Other Civil Rights - Civil Rights, Categories: Education, First Amendment