255 results for 'casenum:"24"'.
Per curiam, the appellate division finds that the decision to stay an investigation into the conduct of attorney Randel Scharf should be vacated. Scharf was suspended in September 2023 until further order, but the Otsego County Bar Association was named limited custodian of his client files when the investigation was stayed. The bar group subsequently provided status reports to the court, which lifted the stay on its own motion after deliberations.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: PM-67-24, Categories: Civil Procedure, Attorney Discipline
Per curiam, the appellate division finds that attorney Scott Pinsky of California may resign from the New York bar for nondisciplinary reasons. His request was initially opposed since he was not current on registration requirements, but Pinsky supplied a supplemental affidavit demonstrating compliance.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: PM-68-24, Categories: Attorney Discipline
J. Zimmerer finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the findings as to endangerment and the child's best interest. Testimony from caseworkers indicated the mother failed to seek treatment for persistent substance abuse, refused to submit to drug testing, and did not complete any of the services in her plan. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-24-00010-CV, Categories: Evidence, Family Law
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. Rambin reverses a trial court order denying a male noncitizen’s request to dismiss a criminal misdemeanor charge against him, pursuant to the governor’s order to jail migrants for illegally crossing the Texas-Mexico border. Citing similar evidence in precedent cases, the non-citizen met his burden of showing the governor’s order has the discriminatory effect and purpose of selective prosecution based on gender discrimination. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: April 16, 2024, Case #: 06-24-40-CR, Categories: Constitution, Immigration, Trespass
J. Stevens reverses and remands a trial court's order denying a non-citizen's claim of selective prosecution under the Texas Equal Rights Amendment. The defendant was arrested for criminal trespass on a railroad, a misdemeanor, pursuant to Governor Greg Abbott’s disaster proclamation in 34 counties to prevent the “ongoing surge” of illegal migrants from Mexico. The court of appeals is constrained to rule under another district's precedent, which found the state failed to show its prosecution of male, but not female, immigrants served a governmental interest in border protection. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: April 16, 2024, Case #: 06-24-39-CR, Categories: Constitution, Immigration, Trespass
J. Waples finds that the trial court's $5,000 bond was improperly imposed as a condition of the defendant’s release after he had made direct threats to kill witnesses and police. He was originally given a $130 cash bail or surety. The bond is struck because he has a record of appearing before the court and lacks financial resources; the matter is remanded to reset bond at a reasonable amount. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: April 16, 2024, Case #: 24-AP-090, Categories: Criminal Procedure, Assault, Bail
Per curiam, the Louisiana appellate court finds that the trial court should not have denied the state’s motion to disqualify a doctor who provided a report to the court regarding defendant’s competency. After the doctor rendered her expert opinion regarding defendant’s competency, the defense hired her as their expert to examine defendant and render an opinion regarding his sanity at the time of the offense. Therefore, the doctor cannot be considered independent from her role as a court-appointed expert of the sanity commission. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: April 15, 2024, Case #: 24-K-30 , Categories: Competence, Experts
J. Katzmann finds the United States Department of Commerce’s (Commerce) calculations of drawback adjustments for certain Turkish products are incorrect, and that Commerce failed to explain how it came to its redetermination of import duties. The matter is remanded for further consideration.
Court: Court of International Trade, Judge: Katzmann, Filed On: April 11, 2024, Case #: 24-44, Categories: Commerce
J. Windhorst finds that the trial court properly denied defendant's application for post-conviction relief alleging ineffective assistance for not raising the issue of defendant's competency. In this case, defendant did not present any medical records or the victim’s affidavit to show mental incapacity either before or during trial. Further, defendant does not show that his counsel denied him the right to testify. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst , Filed On: April 10, 2024, Case #: 24-KH-11, Categories: Ineffective Assistance
J. Ahlers finds that the parties' parental rights were properly terminated since the mother failed to participate in treatment for methamphetamine use, and the father failed to keep the home clean of dog urine and/or feces, and other filthy conditions, while the child was too young to protect herself against health hazards. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: April 10, 2024, Case #: 24-0026, Categories: Family Law
J. Neeley denies the estate executor's petition for a writ of mandamus. The executor seeks to challenge the court's discovery order requiring him to make a full accounting of the estate after he was accused of breach of fiduciary duty, conversion, and partition of real estate and mineral interests. Testimony shows the executor has the requested documents in his possession, and no abuse of discretion is found.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: April 10, 2024, Case #: 12-24-00023-CV, Categories: Wills / Probate, Fiduciary Duty, Discovery
J. Schumacher finds that the parties' parental rights were properly terminated since they had left their young children to fend for themselves while the mother was out of town with her boyfriend, and the father had failed to respond to services for drug use. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: April 10, 2024, Case #: 24-0073, Categories: Family Law
J. Bower finds that a father was properly granted custody of the parties' children, who moved to Nebraska to be with him, because the mother used methamphetamine, and the children adamantly expressed that they wished to live with their father. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: April 10, 2024, Case #: 24-0092, Categories: Family Law
J. Stanceu finds that the United States Department of Commerce (Commerce) improperly determined the subsidy duty on narrow woven ribbons with woven selvedge from China. A ribbon company contested Commerce findings, because it used adverse inferences to make its calculations because the Chinese government failed to cooperate with them. Commerce assigned a 10.54 percent subsidy rate because it believed the ribbon company benefited from the Export Buyer’s Credit Program (EBCP), and based its subsidy rate on a program for preferential lending to the Chinese coated paper industry, which it believes is similar to EBCP, but the record does not show sufficient evidence to support that decision. The matter is remanded to Commerce for further consideration.
Court: Court of International Trade, Judge: Stanceu, Filed On: April 10, 2024, Case #: 24-43, Categories: Commerce, Evidence
J. Restani grants in part a company’s motion for summary judgment in this matter concerning the import of bound paper notebooks with calendars. While the United States Customs and Border Patrol classified them as “other” paper products, which carries a duty of 25 percent, the company argues they should be classified as calendars, which are duty-free; the instant courts find that both are incorrect, that they should be classified as “diaries,” which come with a duty rate of 25 percent.
Court: Court of International Trade, Judge: Restani, Filed On: April 10, 2024, Case #: 24-42, Categories: Commerce