667 results for 'cat:"Jury"'.
J. Lipinsky finds the jury improperly acquitted defendant of attempted murder and assault, and found him guilty of attempted reckless manslaughter. Defendant argues the trial court erred by restricting his counsel from cross-examining the victim about his own pending criminal charges as being a biased violation of the confrontation clause. If the victim could have been cross-examined on bias or motive, it may have left a different impression on the jury. This case is remanded for a new trial. Reversed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: April 4, 2024, Case #: 2024COA33, Categories: jury, Manslaughter, Witnesses
J. Egan finds that defendant was improperly convicted of kidnapping, rape, criminal sexual act, strangulation, and assault as a sexually motivated felony in claims contending he lured a woman from out-of-state and held her against her will. An anonymous jury was improperly impaneled to shield jurors from investigators and queries from the media, and a new trial must be held since a "factual predicate" of need for anonymity had not been made. Reversed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: April 4, 2024, Case #: 113198, Categories: jury, Sex Offender
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. Hudson finds the trial court properly convicted defendant for manslaughter. It is undisputed defendant stabbed the victim to death, suspecting him of having a sexual relationship with his girlfriend. Though defendant asserted self-defense, he sustained no significant injury. Defendant's claim the trial court did not have jurisdiction, being he is a member of the Osage Nation, no case he cites overrules precedent that the Osage reservation was disestablished by congress. Possible jury privacy infringements from security video of deliberation are not structural but are subject to a rebuttable presumption of prejudice. The state aptly rebutted this. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hudson , Filed On: April 4, 2024, Case #: F-2022-208, Categories: jury, Manslaughter, Jurisdiction
J. Pagan finds the trial court plainly erred by not instructing the jury that it must find a culpable mental state for the physical injury element of second-degree assault. The given instruction “did not state that a defendant must knowingly engage in assaultive conduct…[and] must be at least criminally negligent with respect to causing injury.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 3, 2024, Case #: A177094, Categories: Assault, jury Instructions
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J. Gould vacates defendant's convictions on two counts of encouraging or inducing an alien to come to, enter or reside unlawfully in the United States for private financial gain following remand from the Supreme Court. The matter is vacated because the jury instructions for the two counts omitted certain elements, making the instructions erroneous. Reversed.
Court: 9th Circuit, Judge: Gould, Filed On: April 3, 2024, Case #: 17-10548, Categories: Immigration, jury
J. Carlyle finds that the lower court properly entered a take-nothing judgment following a jury trial in this lawsuit stemming from an automobile accident. The appellant argues that the lower court improperly seated a juror "against whom he had exercised a peremptory challenge," but he failed to timely object to the issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 1, 2024, Case #: 05-22-00920-CV, Categories: Civil Procedure, jury, Tort
J. Rothstein denies Boeing summary judgment on the hostile work environment claim in the employee's complaint alleging that Boeing did not properly investigate his complaint against a manager and did not stop its employees from harassing the employee after he filed a workers’ compensation claim for a “brain/mental/stress” injury. The hostile work environment claim is not time barred because a reasonable jury could consider that the incident with the manager is part of an ongoing hostile work environment.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 29, 2024, Case #: 3:22cv5728, NOS: Employment - Civil Rights, Categories: Employment, jury
J. Milkey concludes that an independent contractor, who feels he should have been classified as an employee and given employee benefits, does not have standing for his claim because he provided his services to the company that hired him through two intermediaries. The contractor is unable to demonstrate an error when the jury instructions on standing are viewed in conjunction with the verdict slip.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: March 28, 2024, Case #: 23-P-183, Categories: Employment, jury, Contract
J. Stranch finds the lower court properly granted the inmate habeas relief on his claim of ineffective assistance of counsel. His attorney's failure to call alibi witnesses in light of evidence a witness saw the inmate, who did not own a car, at home less than seven minutes before a robbery committed at a gas station more than three miles away was highly prejudicial. Additionally, the inmate was also entitled to relief on his jury claims because the trial court's failure to analyze the prosecution's reasoning behind striking six black jurors and claiming "some explanation" was enough to justify the jurors' exclusion was a procedural error. Affirmed.
Court: 6th Circuit, Judge: Stranch, Filed On: March 28, 2024, Case #: 22-1705, Categories: Habeas, Ineffective Assistance, jury
J. Poochigian finds that defendant failed to show that the trial court improperly accepted the state's explanations for its peremptory challenges to three Hispanic jurors in his murder trial. However, his conviction for active gang participation and gang and firearm enhancements to his murder conviction must be reversed under a statute narrowing the definition of gang participation. Reversed in part.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: March 27, 2024, Case #: F080361, Categories: jury, Murder, Gangs
J. DeGravells denies a second request for summary judgment to Walmart, finding a shopper shows a genuine issue of material fact as to the store’s knowledge of a liquid in an aisle prior to her slip and fall accident. An employee-witness's contradictory statements, including whether the woman slipped on water or a reddish liquid resembling “congealed meat juice,” must be considered by a jury.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: March 27, 2024, Case #: 3:21cv488-, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, jury, Discovery
J. Smith denies the wastepaper company's motion to dismiss breach of contract claims. A wastepaper company acquired 50% ownership of a paper company with the stipulation that the wastepaper company would not import or export paper other than wastepaper. The wastepaper company started selling regular paper, claiming the restrictive covenant was too broad. It would be premature to dismiss it as the paper company has not been able to defend the stipulation's validity.
Court: USDC Eastern District of Virginia, Judge: Smith, Filed On: March 27, 2024, Case #: 2:23cv512, NOS: Other Contract - Contract, Categories: jury, Fiduciary Duty, Contract
J. Waite finds defendant was not deprived of a fair trial on a murder charge based on the lack of a black individual on the jury panel. The process used to select the pool was entirely random and involved sending 500 summons to residents without any knowledge of their race, while no prospective juror was dismissed because of their race. Meanwhile, the trial court properly allowed two witnesses to testify about injuries to the victim consistent with domestic violence because defendant's claim the injuries were caused by an accident allowed for the use of the "absence, mistake, or accident" exception to prior bad acts evidence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waite, Filed On: March 27, 2024, Case #: 2024-Ohio-1543, Categories: Evidence, jury, Murder
J. Deters finds the lower court erroneously granted the consumer's motion to withdraw her request for a jury trial over the pool company's objection. Although she was the party to pay the $500 jury deposit, Ohio law requires the consent of all parties to withdraw a jury request once the initial request has been perfected through payment. Reversed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: March 26, 2024, Case #: 2024-Ohio-1065, Categories: Civil Procedure, jury
J. DeGravelles denies summary judgment to the Kansas City Southern Railway Company, finding a motorcyclist has adequately alleged the railroad failed to properly inspect a railroad crossing, resulting in his single-vehicle accident with injuries. According to regulations, the railroad must conduct an inspection of railroad track crossings once a month. In the motorcyclist’s case, the railroad’s own exhibits prove that on-foot inspections “never occurred.”
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: March 26, 2024, Case #: 3:20cv309, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, jury, Transportation
Per curiam, the appellate division finds that the trial court properly convicted defendant of weapons charges, second-degree murder, and assault related to two shootings because evidence indicated defendant matched the description of the shooter that had been given by witnesses and victims of the first shooting. Meanwhile, defendant failed to properly move to discharge a juror, and the jury was properly allowed to deliberate and have frank discussions of racial bias. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 22, 2024, Case #: KA 22-00654, Categories: jury, Murder, Weapons
J. Milazzo denies a request by a representative for a Louisiana investment firm, seeking to strike certain allegations from an Securities and Exchange Commission complaint against him and his employer that he says would prejudice the jury against him in a trial for a "cherry-picking" scheme. The SEC complaint includes allegations his previous employer fired him for inappropriate behavior that did not involve securities and that his current employer knew his ex-wife had accused him of misappropriating $450,000 from his sons’ trust accounts. The adviser can prevent prejudice by a pre-trial request to redact the allegations from the complaint “if and when it is shown to the jury.”
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: March 21, 2024, Case #: 2:23cv5650 , NOS: Securities/Commodities/Exchange - Other Suits, Categories: Civil Procedure, jury, Securities
J. Hassan reverses the trial court's final judgment that awarded $3.8 million to an oil and gas worker who was injured by pressurized fluid that "unexpectedly shot out of the end of a hose he was carrying" when another worker negligently opened a valve. The defendant company's request for a jury question regarding the borrowed employee doctrine was incorrectly denied since it was a "controlling factual issue" relating to liability. A new trial is warranted for all claims and parties. Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: March 21, 2024, Case #: 14-22-00473-CV, Categories: Employment, jury, Damages
J. McKinnon finds that the trial court properly instructed the jury that it could conclude defendant was in actual physical control of his vehicle while intoxicated for the purposes of a DUI count even if he was unconscious. It was also proper to allow the state to rebut a closing argument in which counsel argued the state was dishonest in deciding not to introduce a photo of defendant asleep across the bench seat of his truck. However, the imposition of a $5,000 fine violated the constitutional proportionality requirement since it did not take into account defendant's ability to pay. Reversed in part.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: March 20, 2024, Case #: DA 21-0413, Categories: Sentencing, Dui, jury Instructions
J. Zainey denies a request by an insurer to strike a jury demand by the owner of a fire-damaged vessel who originally sued the insurer in state court for bad faith insurance practices. The insurer has no right under federal law to a bench trial and the court is persuaded it would commit reversible error by denying the vessel owner its Seventh Amendment right to a jury trial. Once the insurer removed the vessel owner’s suit to federal court, its dissatisfied client was entitled to a jury under the Seventh Amendment.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: March 20, 2024, Case #: 2:23cv2796, NOS: Insurance - Contract, Categories: jury, Choice Of Law, Business Practices
J. McFadden finds that the trial court properly convicted defendant of child molestation and correctly denied defendant's motion for a new trial. Sufficient evidence was presented to support defendant's conviction. Defendant failed to reserve his objection to the trial court's refusal to instruct the jury on rape as a lesser-included offense of child molestation. Under the law in effect at the time of his 2005 trial, defendant waived the right to assert that the trial court's decision was an error. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 20, 2024, Case #: A24A0459, Categories: Sex Offender, jury Instructions