171 results for 'filedAt:"2023-11-15"'.
J. Rodriguez upholds the trial court’s grant of habeas relief to a non-citizen who was arrested under Operation Lone Star and charged with criminal trespass. The state failed to justify why it arrested male, but not female, non-citizens for criminal trespass under the operation. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: November 15, 2023, Case #: 04-22-00872-CR , Categories: Immigration, Trespass
J. Smith finds that the trial court improperly committed defendant to the care of the department of children and families after determining he was incompetent to proceed on criminal charges because evidence did not indicate defendant would respond to treatment or regain competency in the foreseeable future. Reversed.
Court: Florida Courts Of Appeal, Judge: Smith, Filed On: November 15, 2023, Case #: 2D23-873, Categories: Competence, Battery, Commitment
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J. Gross finds that the trial court properly ruled for a restaurant in this slip-and-fall complaint since the court properly disregarded an anonymous statement allegedly made by an employee regarding the restaurant's knowledge of the hazard. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gross, Filed On: November 15, 2023, Case #: 4D2022-2899, Categories: Negligence
Per curiam, the circuit finds the trial court properly convicted defendant, the Director of Communications for the LA Angels baseball team, for distribution of oxycodone and fentanyl, resulting in death. Defendant was the sole provider of drugs to players. The prosecutor did not misstate evidence related to deleted text messages between the now-deceased pitcher and his friend, doctors’ testimonies regarding the but-for cause of death, or defendant's presence in the pitcher's room when he died. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 15, 2023, Case #: 22-11011, Categories: Drug Offender, Evidence, Criminal Negligence
J. Perry finds that the trial court properly ruled that the teacher's aide could not bring a tort action for damages stemming from an auto accident with a school bus. Her exclusive remedy was through the Louisiana Workers' Compensation Act since the crash happened on school premises and was caused by its employee. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: November 15, 2023, Case #: CA-23-125, Categories: Tort, Immunity, Workers' Compensation
J. Harrison finds the circuit court improperly refused to award child support to the mother in this marriage dissolution. Though her ex-husband's inheritance of a family trust and farm are not marital property, because the husband has used the trust as a supplemental source of income it should be considered income for the purpose of child support. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: November 15, 2023, Case #: CV-22-241, Categories: Family Law, Property
J. Klappenbach finds the circuit court properly dismissed the inverse condemnation suit originally filed by the deceased parties and purchasers of a property upon which utility poles were erected after the purchase. The purchasers filed suit against the mortgage holder after abandoning a claim against the energy company, claiming the bank had a duty to pursue the suit on their behalf. Payments made on the refinanced mortgage did not toll the statute of limitations on breach-of-contract claims, and the purchasers were on notice of a potential claim against the bank when it declined to pursue the suit. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: November 15, 2023, Case #: CV-20-748, Categories: Property, Banking / Lending
J. Gruber finds the trial court properly convicted defendant for possessing a prohibited article while in custody of the Arkansas Department of Correction. Defendant was found to be in possession of a cell phone while incarcerated for aggravated burglary, robbery, theft of property and terroristic threatening convictions. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: November 15, 2023, Case #: CR-23-177, Categories: Search, Due Process, Prisoners' Rights
J. Cox finds that the trial court should not have determined that the plaintiff driver was not liable for a car collision. In this case, the defendant driver's testimony that he was traveling in the right-hand lane when the plaintiff driver suddenly merged in front of him from the left-hand lane, leaving him with little time to apply his brakes and avoid the collision, was supported by testimony from a witness and the responding police officer. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: November 15, 2023, Case #: 55,344-CA, Categories: Evidence, Negligence
J. Pitman vacates the judgment of the trial court granting a new trial and reinstates the original judgment that the decedent's 2015 will is valid. There were no grounds for a new trial, and the parties did not discover new evidence. Further, the original judgment finding that the decedent lacked capacity to make the donation in the 2018 will was supported by her attending medical physician. The testimony showed that by November of 2017, the decedent was showing increased memory loss, agitation and anxiety, and she was unable to care for herself or her finances. The decedent was also diagnosed with Alzheimer’s dementia in December 2017. Vacated.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: November 15, 2023, Case #: 55,360-CA, Categories: Evidence, Wills / Probate
Per curiam, the appellate division finds that the lower court properly dismissed the tax petition as untimely, as the petitioner failed to comply with the time constraints of section 702(2) of the Real Property Tax Law. This ruling conflicts with a 1979 determination of the Appellate Division, Third Department which found that the commencement of a proceeding under article 7 of the Law, prior to completion of a final assessment roll, did not render the proceeding jurisdictionally defective. Affirmed.
Court: New York Appellate Divisions, Judge: Duffy, Filed On: November 15, 2023, Case #: 05729, Categories: Tax
J. Hellman finds the juvenile court properly took jurisdiction over a father’s then three-year-old child. “The record supports that, at the time of the jurisdictional trial, father’s mental health and residential instability were interfering with his ability to safely parent and created a 'current and nonspeculative’ risk of harm to child." Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: November 15, 2023, Case #: A180760, Categories: Family Law
J. Hunter finds that defendant was properly sentenced on his conviction for second degree murder. In this case, defendant's stepbrother told the police that defendant had hidden a gun on his property and that he was “scared of the way [defendant] had been acting over the last few days.” Further, another witness told the police that defendant asked him to burn the rubber mats from his truck. Also, blood on the victim's shoes and cell phone, which were found on defendant's property, and blood on a carpet from defendant's truck, matched the victim's DNA. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: November 15, 2023, Case #: 55,314-KA, Categories: Dna, Evidence, Murder
J. Boyle grants a die cutting machine distributor's motion to dismiss a manufacturer's allegations of misappropriation of trade secrets and copyright infringement. The manufacturer claims that several of its employees left it for a new direct competitor and took trade secrets with them, with which the distributor helped them in order to expand its own customer base. However, the manufacturer fails to report specific information that was misappropriated and shows no plausible evidence that the distributor aided the former employees.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: November 15, 2023, Case #: 5:23cv134, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Copyright, Trade Secrets, Unfair Competition
J. Murguia dismisses a pro se litigant's complaint of judicial misconduct against a district judge. Review of this complaint is governed by the Rules for Judicial-Conduct and Judicial-Disability Proceedings. The names of the complainant and the subject judge are not be disclosed in this order. This misconduct complaint arises out of an attorney disciplinary matter. Because complainant provides no objectively verifiable evidence of misconduct in this matter, the allegation must be dismissed.
Court: 9th Circuit, Judge: Murguia, Filed On: November 15, 2023, Case #: 22-90006, Categories: Judiciary, Attorney Discipline
J. Robinson finds that defendant was properly sentenced to ten years imprisonment on his conviction of theft of property more than $5,000, but less than $25,000, and third-felony offender adjudication. In this case, the sentence falls within the six to 20 year sentencing range for the habitual offender adjudication. Further, defendant had prior convictions for the theft of property and showed no remorse for his crimes. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: November 15, 2023, Case #: 55,304-KA, Categories: Sentencing, Theft
J. Ledet finds that the trial court should not have found for contractors on a worker's tort claims against the contractors regarding injuries sustained as a result of touching an exposed electrical wire protruding from a junction box while performing renovation work. There are genuine issues of material fact as to whether the contractors performed work in the area of the junction box with the protruding wire. The property owner testified that the remodeling work on the property included running electrical power to the new pool house. Further, the contractors testified that although the junction box in question was already on the property, the subcontractor was responsible for the electrical work to the new pool. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: November 15, 2023, Case #: 2023-CA-0357, Categories: Tort, Contract
J. Chaisson finds that the trial court should not have granted a Louisiana Thoroughbred Breeders Association member's motion for a directed verdict challenging the Board of Directors election. The trial court improperly held the association to a higher burden of persuasion than that contemplated by a quo warranto proceeding when it determined that the association failed to make a prima facie showing on its initial burden of proof without having the member present any rebuttal evidence regarding allegedly ineligible voters. Vacated.
Court: Louisiana Court Of Appeal, Judge: Chaisson, Filed On: November 15, 2023, Case #: 22-CA-467, Categories: Civil Procedure, Elections