185 results for 'judge:"Johnson"'.
J. Johnson finds that the trial court should not have granted defendant's motion to suppress evidence related to possession of drugs. In this case, the police officers had reasonable suspicion to stop defendant based on his suspicious behavior of attempting to hide from officers, with a bulge in his waistband, while at a parade. Further, the officers were not required to determine whether defendant had a concealed permit for his gun because concealed firearms are not permitted on a parade route. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 10, 2024, Case #: 2024-K-0158, Categories: Drug Offender, Firearms, Search
J. Oden Johnson finds that the lower court properly dismissed defendant's postconviction motion challenging his murder conviction and sentence. Defendant was not prejudiced by a joint trial with his co-defendant, even if co-defendant was the one who wielded the gun during the crime. Further, defendant's 38-year sentence was not excessive, and would not qualify as a life sentence even if he had been a juvenile at the time of the crime. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: May 10, 2024, Case #: 221748, Categories: Murder, Sentencing
J. Johnson finds that defendant was properly convicted of first degree rape of a juvenile under the age of 13. The victim testified that defendant, his mother's ex-boyfriend, sexually abused him when he was seven or eight years old, and that the abuse occurred when his mother was at work. Further, defendant did not challenge the state's intent to call a nurse as an expert to specifically address the issues of “general child sexual abuse, specifically addressing issues of delayed disclosure and the affect sexual abuse may have on children concerning delayed and partial disclosure." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: May 8, 2024, Case #: 23-KA-375, Categories: Evidence, Sex Offender, Experts
J. Johnson denies summary judgment to a maintenance company on its argument a black employee’s racial bias claim should be dismissed. His supervisor allegedly referred to him with racist profanity with another employee outside the litigant’s presence. The Fifth Circuit recognizes that while "a single instance of a racial epithet does not, in itself, support a claim of hostile work environment,” perhaps “no single act can more quickly alter the conditions of employment and create an abusive working environment than the use of an unambiguously racial epithet such as [the N-word] by a supervisor in the presence of his subordinates.”
Court: USDC Middle District of Louisiana, Judge: Johnson, Filed On: May 8, 2024, Case #: 3:22cv560, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination, Labor
J. Johnson denies, in part, a diagnostics company and its owner’s motion to dismiss or, alternatively, transfer venue in this contract dispute stemming from two unpaid loan agreements. The lender alleges breach of contract, breach of guaranty and unjust enrichment claims, he does state a plausible claim on the contract and guaranty. The unjust enrichment claim is dismissed because the parties have disputed the existence of an enforceable loan agreement. The lender may continue with all other claims with the court retaining jurisdiction over the proceedings.
Court: USDC Northern District of Alabama , Judge: Johnson, Filed On: May 7, 2024, Case #: 5:23cv1421, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
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J. Johnson finds that the New Orleans Civil Service Commission properly held the Department of Public Works in criminal contempt for not paying attorney fees to a worker after it failed to comply with the Commission’s order to reinstate the worker to her job as parking administrator. The commission has exclusive jurisdiction over employment-related disputes between civil service employers and employees. Further, under the state constitution, the commission has the authority to award attorney fees as an equitable relief. However, the Department of Public Works director should not have been fined because she was not acting in her personal capacity when she failed to comply with the Commission’s order to pay the attorney fees judgments. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 7, 2024, Case #: 2023-CA-0641, Categories: Contempt, Attorney Fees
J. Johnson, in this accelerated interlocutory appeal, finds the trial court properly denied USA Today's Texas Citizen’s Participation Act motion to dismiss the defamation claim. The tax service provider alleges a USA Today story falsely accused him of unlawful business practices in an effort to secure tax savings for clients. Record evidence creates a genuine fact issue on whether the publisher accurately reported whether the FBI was investigating the service provider. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: May 2, 2024, Case #: 09-22-00432-CV, Categories: Tax, Defamation, Business Practices
J. Johnson finds that the trial court properly terminated the father's parental rights to his children based on sufficient evidence to support the findings as to endangerment and the children's best interest. This includes the father's lack of financial support, history of drug use, and his "multiple criminal convictions and multiple periods of incarceration." Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: May 2, 2024, Case #: 10-23-00364-CV, Categories: Evidence, Family Law
J. Johnson finds the trial court properly convicted defendant for misdemeanor theft, sentencing her to community supervision. Surveillance video from Academy sporting goods shows defendant taking two $300 Yeti coolers from the store without paying. The store director also identified defendant at trial. Furthermore, defendant fails to present an argument as to how she was prejudiced by trial counsel’s alleged deficiencies. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: May 1, 2024, Case #: 09-23-00281-CR, Categories: Evidence, Probation, Theft
J. Johnson grants a request by a city-parish, compelling an alleged rape victim at a Louisiana college to supplement “vague” and “evasive” responses about her communications with an online “group chat” of women who allege they were sexually assaulted by the same predatory student at three universities. Because counsel for the litigant previously agreed to provide most of the information sought, the alleged rape victim must provide the Lafayette government with a privilege log, including a reason why certain information should be redacted.
Court: USDC Middle District of Louisiana, Judge: Johnson, Filed On: April 30, 2024, Case #: 3:22cv338, NOS: Education - Civil Rights, Categories: Education, Evidence, Discovery
J. Johnson finds that defendant was properly sentenced to 30 years imprisonment on his conviction for possession of pornography involving juveniles under the age of 13. In this case, defendant was found in possession of over 800 photographs of children. Further, the sentence was not the maximum allowed, defendant did not show remorse for his actions, and he had a previous conviction of a sexual offense toward his daughter. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: April 24, 2024, Case #: 23-KA-427, Categories: Sentencing, Sex Offender
J. Johnson affirms the district court's grant of the driver's wife's motion to dismiss the passenger's child's wrongful-death action stemming from a collision that killed the driver, the passenger and a third-party motorcyclist. A plaintiff may not assert a wrongful-death claim based on the alleged negligence of a deceased person by suing the person appointed as a trustee to commence a wrongful-death action for the benefit of that deceased person's spouse and next of kin rather than suing the personal representative of the deceased's estate. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: April 22, 2024, Case #: A23-1080, Categories: Civil Procedure, Wrongful Death
J. Johnson denies a request from the Spokane County prosecutor for an order directing the secretary of the Washington State Department of Social and Health Services to provide "competency services" in criminal proceedings. For such a request to work, the secretary would have to be a state officer under the law. Because he is not, he cannot be compelled to do so.
Court: Washington Supreme Court, Judge: Johnson, Filed On: April 18, 2024, Case #: 101520-8, Categories: Civil Procedure, Government
J. Johnson reverses the district court's dismissal of a charge for carrying a BB gun in a public place. A motor vehicle being driven on a public road is a public place, and a BB gun under the vehicle's driver's seat is therefore being carried in a public place for the purposes of the relevant statute. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: April 15, 2024, Case #: A23-1257, Categories: Firearms, Vehicle
J. Johnson finds the trial court properly dismissed the ex-husband's petition for annulment of the marriage. After the ex-wife filed for divorce, the husband sought annulment on the grounds the wife had used fraud, duress or force to induce him to marry her. Though the couple had married in Texas, and moved between Texas and Montana during the marriage, the Montana court concluded “[t]he marriage is irretrievably broken," and ordered the dissolution, with the Montana Supreme Court affirming. The record shows that when the husband filed his Texas petition for annulment, the marriage had already been dissolved. He did not meet his burden to prove his marriage was never valid. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: April 11, 2024, Case #: 09-23-00285-CV, Categories: Evidence, Family Law, Fraud
J. Johnson reverses the district court's denial of the Minnesota Department of Transportation's motion for judgment as a matter of law in a case surrounding a road-construction contract, but affirms its entry of judgment in favor of the contractor on a claim for statutory interest penalties. The contractor did not provide evidence sufficient to prove that the Department breached the implied covenant of good faith and fair dealing, specifically failing to demonstrate that the Department's refusal to approve all of the contractor's requested haul roads was motivated by an improper ulterior motive. Desire to reduce damage to county roads as requested by the county is not such an improper motive, and the Department's disapproval of the use of certain roads for hauling is among the risks the contractor expressly assumed. The Department did, however, agree to pay additional compensation to the contractor, and that compensation is therefore an "undisputed billing" incurring interest penalties for untimely payment. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: April 1, 2024, Case #: A23-0664, Categories: Government, Contract
J. Johnson grants the employee's motion for liquidated damages and partly grants his motion for attorney fees after a jury verdict in his favor on a claim under the Fair Labor Standards Act. Because the employers' actions were willful, the employee is awarded $9,894 in liquidated damages. Also, after a reduction in the lodestar amount, he is awarded $19,805 in attorney fees.
Court: USDC Eastern District of Texas , Judge: Johnson, Filed On: March 28, 2024, Case #: 4:19cv626, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Labor
J. Johnson finds that the juvenile court properly waived its jurisdiction and transferred the individual's case to criminal district court. There was sufficient evidence to support the finding that "for reasons beyond the control of the state, it was not practicable to proceed in juvenile court before" the individual's eighteenth birthday. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 28, 2024, Case #: 10-23-00337-CV, Categories: Family Law, Jurisdiction, Juvenile Law
J. Johnson finds that the district court should not have granted an insurer's peremptory exception of prescription on a deceased driver's wife's survival action for damages the decedent sustained in a car accident with the insured. In this case, the wife timely filed her survival action within one year of her husband's death. A survival action does not mandate that the offense that caused the injury, in this case the car collision, must have also caused the injured person’s death. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: March 27, 2024, Case #: 23-CA-374, Categories: Civil Procedure, Insurance
J. Oden Johnson finds that the lower court properly granted summary judgment to the gas station seller in a contract dispute over a buyer's agreement to purchase the property for $800,000. The buyer entered into a fuel purchase agreement with the seller, despite already having an existing agreement, but still closed on the property anyway. It clearly breached that part of the contract, so the seller is entitled to rescission of the sale. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: March 22, 2024, Case #: 221351, Categories: Contract
[Consolidated.] J. Oden Johnson finds that the lower court properly awarded the marble contractor $3 million in attorney fees in a long-running construction contract dispute. The contractor succeeded on appeal in reinstating its claims against a general contractor, and limiting that contractor's verdict to a small fraction of its requested damages. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: March 22, 2024, Case #: 221319, Categories: Construction, Attorney Fees, Contract
J. Johnson grants mandamus relief to the plaintiff driver who challenges an order granting the truck company's motion to compel an independent medical examination of him for an auto accident case. The company failed to show good cause for the examination, so the order should be vacated.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 21, 2024, Case #: 10-24-00028-CV, Categories: Civil Procedure, Negligence
J. Johnson finds the trial court properly convicted defendant for murder. Multiple witnesses testify to multiple events, including having been robbed by a man in a gorilla mask associated with defendant, having heard defendant's voice screaming in a conflict with another, followed by gunshots, and having had a gun stolen by defendant's accomplice. Though an accomplice was involved, sufficient evidence supports the conviction. Defendant aided the accomplice in an aggravated robbery and is criminally responsible as a party to murder, as the accomplice intentionally caused the victim's death. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 20, 2024, Case #: 09-23-00234-CR, Categories: Evidence, Murder, Accomplice Liability