73 results for 'filedAt:"2023-11-27"'.
[Consolidated.] J. Miller finds the trial court properly denied defendant's motion to suppress statements made during two custodial interviews with police during his involuntary manslaughter case. None of the officers who interviewed him used coercive behavior and he was free to leave at any time, and his claim he was under the influence of fentanyl at the time of his second interview is meritless. Meanwhile, defendant's admission he sold the victims drugs shortly before they died of overdoses was sufficient to support all of his convictions, as the victims were unaware they purchased fentanyl. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: November 27, 2023, Case #: 2023-Ohio-4252, Categories: Drug Offender, Evidence, Manslaughter
J. Agee finds the lower court improperly denied instead of dismissed the son's motion to reopen judgment on his death penalty sentence for ineffective counsel. The son and his father killed two police officers after engaging in an armed standoff with law enforcement stemming from the family's opposition to the government opening a road through their property. The son used his motion to reopen judgment due to ineffective counsel to circumvent the statutory limits on second or successive sentencing petitions. Vacated.
Court: 4th Circuit, Judge: Agee, Filed On: November 27, 2023, Case #: 22-4, Categories: Death Penalty, Murder, Sentencing
Per curiam, the circuit finds that the board of immigration appeals should have reopened plaintiff's request to cancel deportation to Jamaica after he received an unconditional state pardon on an aggravated felony. That the request was untimely and exceeded the number of allowed attempts should have been equitably tolled, and the pardon waiver clause applied. On remand, the agency should determine if an unconditional pardon impacts whether a crime that typically bars U.S. admittance had even occurred.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 27, 2023, Case #: 20-2785, Categories: Criminal Procedure, Immigration
J. D'Auria finds defendant's due process rights were not violated by the trial court's decision to allow testimony from his daughter about prior sexual conduct that never resulted in a criminal indictment. The testimony was properly disclosed to defendant and his attorneys and was properly used as propensity evidence during his trial on sexual assault charges. Additionally, even though a large period of time had passed between the conduct involving his daughter and the current victims, defendant was incarcerated for a significant portion of that time, which allowed the court to admit the evidence, especially considering the similarities between the incidents. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: November 27, 2023, Case #: SC20740, Categories: Sex Offender, Due Process, Child Victims
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. Kennedy finds that the lower court improperly entered an order partially denying the appellant engineering firm's chapter 150 dismissal motion in this suit allegedly involving a highway construction project and a head-on collision. The order preserved the negligence claims relating to an alleged failure to remove the original lane markings, but all of the claims against the engineering firm should be dismissed, as the claims concerning an inspection of the work site are subject to chapter 150. The case is also remanded to determine whether dismissal should be with or without prejudice. Reversed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: November 27, 2023, Case #: 05-23-00562-CV, Categories: Civil Procedure, Negligence
J. Kethledge finds the lower court erroneously certified a class action consisting of every individual in the state of Ohio in a products liability case. The lead plaintiff failed to satisfy any element of standing, including that any of the defendant companies manufactured the polyfluoroalkyl substances detected in trace amounts after a blood draw. The lead plaintiff failed to trace any of the chemicals found in his bloodstream back to any specific company and made only conclusory allegations in his complaint; therefore, the case must be dismissed upon remand. Reversed.
Court: 6th Circuit, Judge: Kethledge, Filed On: November 27, 2023, Case #: 22-3765, Categories: Product Liability, Class Action
J. Hillman rules for the borough in claims brought after a developer was stymied from selling property and the transfer of a tax abatement agreement was ruled to be null and void. The administrative decision was non-legislative, and little or no evidence had been presented related to the decision. Meanwhile, the developer failed to prove the mayor had a role in the decision, and the borough did not impede the developer's right to sell the property without the tax abatement. Finally, a borough police officer's comments that "these Jews have enough money" did not represent the motives of the borough or the council as a whole.
Court: USDC New Jersey, Judge: Hillman , Filed On: November 27, 2023, Case #: 1:21cv16700, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property
J. Gwin finds the lower court properly upheld the Unemployment Compensation Review Commission's determination that the library assistant resigned in lieu of an inevitable termination for cause. Her actions, which included making racist comments to students and posting offensive messages on her public Facebook page, gave the school district cause to fire her. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: November 27, 2023, Case #: 2023-Ohio-4299, Categories: Education, Employment
[Consolidated.] J. Chin finds that the district court properly dismissed certain fraudulent conveyance and fiduciary claims stemming from the leveraged buyout of an apparel and footwear company and its successor's subsequent filing for bankruptcy protection. Safe harbor rules applied due to the financial institution's involvement in making payouts to pre-merger public shareholders, thereby limiting the Chapter 11 trustee's ability to claw back the money. However, payments made to former directors, officers, and employees through payroll means should have been shielded from recoupment as well.
Court: 2nd Circuit, Judge: Chin, Filed On: November 27, 2023, Case #: 20-3257-cv (L), Categories: Bankruptcy, Fiduciary Duty
J. Boyle grants an industrial equipment rental company’s motion for summary judgment following allegations of wrongful termination brought by a former delivery truck driver. The driver claims he reported multiple safety violations by the company which led it to unfairly fire him. However, the driver contacted only staff within the company about the violations and no outside entity such as the Department of Labor and shows no evidence that his complaints resulted in an investigation. Therefore, his activity is not protected under the state’s retaliation laws. He also fails to provide sufficient evidence to create a genuine dispute of the company’s arguments.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: November 27, 2023, Case #: 7:21cv89, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Retaliation
Per curiam, the Louisiana appeals court finds that the trial court should not have denied the medical provider's exception of prescription as to a patient's medical malpractice claim. The patient has not shown, under Mitchell, that her doctor used a continuing doctor-patient relationship to hide an act of malpractice related to the patient’s B vitamin level. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: November 27, 2023, Case #: 23-C-443 , Categories: Evidence, Medical Malpractice