936 results for 'cat:"Due Process"'.
J. Aarons finds that the lower court properly convicted defendant based on his guilty plea to attempted assault for striking a neighbor in the head with a hammer. While the time between the crime and indictment had been protracted, due process was not violated because the neighbor hesitated in pressing charges until he was interviewed in connection with the suspicious death of defendant's wife, with whom the neighbor had a brief extramarital affair. An enhanced sentence was properly imposed since defendant failed to adhere to conditions requiring honest answers to presentence report questions. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 11, 2024, Case #: CR-22-2067, Categories: Sentencing, Assault, due Process
J. Moore grants an Iraq citizen’s petition for review of denial of his motion to reopen from the board of immigration appeals based on changes in Iraq. The board erred when denying the motion because of the evidence submitted with his prior motions were the same each time. The court vacates the board’s decision and remands it back for further proceedings. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: April 11, 2024, Case #: 22-3743, Categories: Civil Rights, Immigration, due Process
J. Wood finds the circuit court improperly found for an unsuccessful applicant for a medical marijuana cultivation license. The applicant sought to have a licensee stripped of his license, arguing his application did not comply with merit selection criteria. The challenged licensee was not named as a defendant or joined as a party in the suit. The circuit court erroneously denied his motion to enter the case, as he is an indispensable party. Reversed in part.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: April 11, 2024, Case #: CV-22-739, Categories: Agriculture, Licensing, due Process
J. Virden finds the Workers' Compensation Commission properly affirmed the administrative law judge's determination the poultry processing worker sustained a compensable injury in the form of an occupational disease. The worker, who hung live chickens by their feet as they scratched and pecked him, developed a rash and nausea. He was later diagnosed with cardiopulmonary arrest, acute renal failure and other ailments after he was found unresponsive and taken for medical treatment. The processing facility does not specifically argue sufficiency of the evidence until its reply brief. The appeals court will not consider arguments first raised in a reply brief, being the worker would have no opportunity for rebuttal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: April 10, 2024, Case #: CV-23-133, Categories: Tort, due Process, Workers' Compensation
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J. Peterson partially grants the motion for summary judgment from the city, city officials and fire and police commission in a lawsuit from a firefighter claiming his First and 14th Amendment rights were violated when, among other things, he was demoted from his position as assistant fire chief and had a restraining order entered against him when he began arriving at fire scenes while he was on leave. The firefighter's due process claim against the city and the commission will proceed to trial, as there is a dispute regarding whether he was deprived of his property interest in his position through his demotion after a change in the law governing how such employment decisions are made. Summary judgment is granted to the city, officials and commission on all of the firefighter's remaining claims, and the individual officials are dismissed as parties.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 10, 2024, Case #: 3:22cv640, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, due Process
J. Hixson finds the circuit court properly revoked defendant's suspended imposition of sentence. Defendant was convicted for failure to support after not making $20,000 in child support payments. He pleaded no contest to charges of nonsupport and fleeing. All evidence supports the conviction. He also did not raise the issue the court failed to provide him with the written terms of his probation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 10, 2024, Case #: CR-23-272, Categories: Probation, due Process
J. Zimmerman finds defendant's due process rights were not violated when the trial court failed to record in-chambers discussions held with both parties. He offers only speculative arguments as to why the contents of these discussions would benefit him or prove prejudice. Meanwhile, although a portion of lab tests were inconclusive as to whether the substance trafficked by defendant was cocaine, testimony from the confidential informant and defendant's own assertion during the drug sale the substance was cocaine was sufficient for the jury to convict him of drug trafficking. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: April 9, 2024, Case #: 2024-Ohio-1333, Categories: Drug Offender, Evidence, due Process
J. Miller finds that the trial court properly convicted defendant of aggravated child molestation and child molestation. Sufficient evidence was presented to support defendant's convictions, including defendant's own admission to his wife that he had sex with one victim. The trial court correctly denied defendant's motion for a new trial. Defendant failed to vigorously assert his right to appeal and cannot show that he was prejudiced by the 20-year delay between his convictions and the resolution of his motion for a new trial. Three pro se filings made by defendant between 2005 and 2009 did not specifically claim that his due process rights were violated by the delay. Defendant did not first assert a due process violation until 2022. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: April 9, 2024, Case #: A24A0344, Categories: Sex Offender, due Process, Child Victims
J. Mullins finds the hearing officer from the Commission of Motor Vehicles improperly admitted the incident report from the police officer regarding his arrest of the petitioner on DUI charges. The report was not completed within three days of the petitioner's request, as required under Connecticut law. Although the three-day filing requirement contains no prohibitory language, it is mandatory because it ensures the arresting officer's recollection of the incident is accurate and affords the arrested individual due process. Reversed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: April 9, 2024, Case #: SC20703, Categories: Civil Procedure, Licensing, due Process
J. Hull finds the trial court properly sustained Governor Newsom's demurrer to defendant's petition seeking to compel the processing of his applications for clemency or commutation. Defendant does not have a due process right that would require that the applications are processed in a particular time frame. Affirmed.
Court: California Courts Of Appeal, Judge: Hull, Filed On: April 8, 2024, Case #: C096274, Categories: Sex Offender, due Process
J. Lauber finds for the commissioner of internal revenue in collection due process claims concerning a tax deficiency because genuine issues do not remain in dispute, and the settlement officers did not commit an abuse of discretion.
Court: U.S. Tax Court, Judge: Lauber, Filed On: April 8, 2024, Case #: 2024-39, Categories: Tax, due Process
J. Ecker finds the trial court properly instructed the jury and denied defendant’s claim that he was deprived of his right to a fair trial under the due process clause due to conflicting statements by the prosecutor during cross-examination and rebuttal argument. The defendant fails to establish that the jury instruction was an injustice. Affirmed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: April 5, 2024, Case #: SC20720, Categories: Robbery, due Process, Jury Instructions
J. Tjoflat finds that the district court properly sentenced defendant to 94 months in prison for attempted smuggling, failure to notify a common carrier and submitting false or misleading export information. Defendant falsely declared that a shipment to Iraq containing guns was just auto parts. Defendant's convictions did not violate the double jeopardy clause because the three statutes under which he was convicted each penalize different elements. Sufficient evidence was presented to support defendant's convictions and the prosecutor's misstatements or failure to correct testimony about the caliber of the guns did not violate defendant's due process rights. Affirmed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: April 5, 2024, Case #: 22-12852, Categories: Double Jeopardy, Smuggling, due Process
Per curiam, the Vermont Supreme Court finds the trial court properly awarded summary judgment to an estate regarding two neighboring properties. The citizen argues there was a conspiracy to deny him and his family of their right by several attorneys, but that is irrelevant to this appeal. He lacks merit to prove he was deprived of his right to a jury trial. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-341, Categories: Property, due Process
J. Cassel finds the district court properly declared the land holdings company's tax deed void. The company purchased the tax certificate after the property owner failed to pay delinquent taxes. The owner filed suit after his attempt to redeem the property was denied, alleging a failure to comply with notice requirements, and seeking to quiet title in his name. The company failed to comply with notice requirements that “[p]ersonal or residence service” allows for certified mail service only in limited circumstances. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: April 5, 2024, Case #: S-23-360, Categories: Property, Tax, due Process
J. Silva grants the city's motion for summary judgment on a black former police chief's allegations the president of the police union discriminated against her on the basis of race and sex. Though the chief was hired to facilitate departmental change with support from the city, complaints were lodged after she began implementing new procedures, particularly that involving discipline for officer misconduct. The union president says the chief lacked accountability, creating greater division within the department. As the chief's subordinate, the union president is not liable for the chief's termination or any alleged due process violation.
Court: USDC Nevada, Judge: Silva , Filed On: April 5, 2024, Case #: 2:20cv1761, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, due Process, Employment Discrimination
J. McBray finds the lower court improperly terminated a mother’s parental rights to one of her children on grounds of severe child abuse, abandonment by failure to visit, abandonment by failure to provide a suitable home, persistence of conditions, substantial noncompliance with the permanency plan, and failure to manifest an ability and willingness to assume custody. On the day of trial, the mother was late to court due to a job interview, of which counsel had been notified, but mother’s counsel moved to withdraw, and the lower court erroneously granted it, informing the mother when she arrived that she would have to represent herself. The instant court finds the record does not support the lower court’s argument that the mother waived her right to counsel. The matter is remanded for further proceedings. Vacated.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: April 5, 2024, Case #: E2023-01112-COA-R3-PT, Categories: Family Law, due Process
J. Golemon finds the trial court improperly found for a compan that says it holds a final money judgment and a writ of execution on certain property sold at auction, though the purchaser says he was entitled to the $35,000 in auction proceeds as a bona fide purchaser for value with no notice of the judgment. The purchaser has established he is a bona fide purchaser as a matter of law and entitled to the proceeds deposited in the court's registry. Reversed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: April 4, 2024, Case #: 09-22-00099-CV, Categories: Property, due Process
J. Poochigian finds that a driver is entitled to a new administrative hearing to reconsider a DUI license suspension. The driver's due process rights were violated under this court's decision in California DUI Lawyers Association. The presiding public hearing officer impermissibly acted as both an adjudicator and as an advocate. His attempt to undermine the driver's expert during questioning and his decision's mischaracterization of the expert's testimony demonstrated advocacy for the Department of Motor Vehicles. Reversed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: April 4, 2024, Case #: F085992, Categories: Administrative Law, Licensing, due Process
J. Mann finds the lower court improperly refused to submit a jury instruction supporting the hospital's theory of the case. A test conducted at an emergency room showed a patient's blood sodium level to be low. Still, the doctor missed the abnormality and sent the patient home with instructions to see her family doctor and a gastroenterologist for abdominal pain. Two weeks later, the patient collapsed and suffered a head wound. The patient successfully sued the hospital and doctor for failure to diagnose her with low blood sodium levels. The defense offered superseding-cause instructions and also one telling the jurors that if the injuries could have resulted from multiple possible causes, at least one of which wasn’t the doctor’s fault, and they couldn’t ascertain which one was the cause, they had to return a defense verdict. The offered instruction was a correct statement of the law and was supported by more than a scintilla of evidence. Reversed.
Court: Virginia Supreme Court, Judge: Mann, Filed On: April 4, 2024, Case #: 230199 , Categories: Jury, due Process, Medical Malpractice
J. Murphy finds the trial court improperly denied the refrigeration installer's request for a preliminary injunction. The installer alleges a noncompete agreement was violated by the other refrigeration equipment installer. The circuit court erroneously failed to consider Arkansas Code's covenant-not-to-compete statute as it relates to what constitutes irreparable harm. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 3, 2024, Case #: CV-23-158, Categories: due Process, Contract, Injunction
J. Zayas finds the trial court properly denied a citizen’s motion to suppress his statements made to the police officer regarding his engagement in prostitution. The citizen argues the trial court erred by not reading his Miranda rights and he was subjected to a custodial interrogation because he is not fluent in English. He voluntarily spoke to the police officer in a brief questioning and was not subjected to compelling pressures. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zayas, Filed On: April 3, 2024, Case #: 2024-Ohio-1257, Categories: Evidence, Prostitution, due Process
J. Welch finds the trial court properly modified the custody order granting the father more parenting time. The court properly found the mother interfered with the father and child's relationship, which constituted a change in circumstances affecting the child's best interests. However, the court improperly required the mother to provide support while denying her benefit without showing the source is her own income. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 2, 2024, Case #: A-23-311, Categories: Family Law, due Process, Guardianship
J. Clay finds the district court properly dismissed the former mayor’s complaint against the Warren City, Michigan, city council, election commission, the city clerk and county clerk. The former mayor served in that position for four terms when the election commission changed the city charter to the existing term limits. He alleges the new limits imposes a legal disability based on past conduct but fails to he was intentionally discriminated against by changing the amendment.
Court: 6th Circuit, Judge: Clay, Filed On: April 2, 2024, Case #: 23-1826, Categories: Constitution, Elections, due Process
J. Grasz finds a lower court properly dismissed four high school students' equal protection and due process claims against a school district. The high school students argued that they were wrongfully expelled from school for participating in a "joke" by joining a student's online petition calling for the return of slavery. The school's disciplinary action was rationally connected to its purpose of maintaining order and was not racially motivated. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: April 2, 2024, Case #: 23-1119, Categories: Education, due Process, Equal Protection