184 results for 'filedAt:"2023-06-21"'.
J. Breedlove finds that the lower court properly granted summary judgment to the plaintiff finance company in this breach of contract lawsuit against a car dealership. The car dealership challenges a ruling to exclude certain summary judgment evidence, but it failed to address "all 19 grounds for exclusion" of the affidavits at issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: June 21, 2023, Case #: 05-22-00692-CV, Categories: Civil Procedure, Evidence, Contract
J. Glasgow finds that the lower court improperly dismissed wrongful termination claims from a worker who was fired for allegedly giving false testimony during a deposition regarding an underlying suit against an equipment manufacturer. While the lower court properly tossed his retaliation claims, the worker has put forward sworn testimony and evidence that his statements during his deposition were given truthfully. His information may have been incorrect, but it's not clear that he was intentionally lying. Reversed in part.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: June 21, 2023, Case #: 56466-1-II, Categories: Employment, Employment Retaliation
J. Peterson finds that the trial court properly convicted defendant of murder and aggravated assault for driving his truck into several pedestrians after a bar fight, killing two of them and seriously injuring a third. The trial court correctly refused to remove a juror who revealed, after already being selected for the jury, that he thought he had once been convicted of a felony. A report on the juror's criminal history showed that he was not a convicted felon and defendant failed to challenge the juror under the statute or argue that the juror was disqualified for any alleged impairment in his ability to be fair and impartial. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: June 21, 2023, Case #: S23A0733, Categories: Jury, Murder, Assault
J. Golemon finds the trial court improperly convicted defendant for the continuous sexual abuse of a child, his ex-girlfriend’s daughter. Although the trial court found there was a necessity in allowing the witness to whom the victim first revealed the abuse to testify remotely, it failed to provide case-specific reasons for the necessity finding. The record did not support a finding that the remote testimony furthered an important public policy, and it can’t be said that the error didn't contribute to conviction. Reversed and remanded for new trial.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: June 21, 2023, Case #: 09-22-00157-CR, Categories: Sex Offender, Witnesses, Child Victims
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J. Scales finds the man's petition for a writ of prohibition quashing a trial court order denying his motion to dismiss a civil battery case brought by the woman must be denied on the merits due to "substantial, competent evidence" that he is not immune to the charge under Florida's Stand Your Ground Law based on the woman's testimony, even though two eyewitnesses support the man's argument that she was the aggressor and he was defending himself. A question of great public importance is certified to the Florida Supreme Court regarding whether prohibition is a remedy a civil defendant can use to challenge a non-final order denying a motion for Stand Your Ground immunity, and the matter is also referred to the Florida Bar's Appellate Rules Committee.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: June 21, 2023, Case #: 23-0315, Categories: Tort, Immunity
J. Markle finds that the trial court correctly awarded the ex-wife a pool table and a television in an order dividing the couple's property but incorrectly awarded the ex-wife a house. The trial court failed to specify who will retain title to the home, therefore the case is remanded for the trial court to make that determination. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: June 21, 2023, Case #: A23A0180, Categories: Family Law
J. Chaisson finds that the trial court should not have dismissed defendant's petition seeking compensation for wrongful conviction and imprisonment. Defendant presented expert testimony that the victim's identification of defendant as her attacker could have been mistaken based on the science of identification and memory, cross racial identification, the lapse of time between the crime and the positive
identification, and non-blind administration of identification procedures. Further, there was DNA evidence showing that three pubic hairs collected from the crime scene did not belong to defendant. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chaisson, Filed On: June 21, 2023, Case #: 22-CA-12, Categories: Evidence, Sex Offender, Identification
[Consolidated.] J. Pipkin finds that the trial court properly convicted defendants of child molestation and sexual battery. The trial court properly denied defendants' motions for a new trial. Sufficient evidence was presented to establish venue with regard to one defendant and sufficient evidence was presented to support both defendants' convictions. One defendant's right to be present at trial was not violated when the judge spoke with the parties' counsel in the hallway outside the judge's chambers about the jury's request to watch a replay of a forensic interview. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 21, 2023, Case #: A23A0347, Categories: Sex Offender, Child Victims
J. Engelmayer finds for the fund on the causation element of its claims based on the law firm's participation in the transfer of $5 million, which left the firm's client, a convicted fraudster, unable to pay the fund's $8 million judgment against him. The parties must file additional briefing in order for the court to make a ruling on damages.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: June 21, 2023, Case #: 1:18cv8004, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Enforcement Of Judgments
J. Cheesbro denies the patient's motion to compel discovery in a medical malpractice and fraud action alleging that the hospital altered and fabricated portions of the patient's medical records and failed to provide informed consent. The patient seeks the deposition of the hospital's general counsel, production of personnel files for three hospital employees, documents related to an internal investigation of a doctor and attorney fees. The patient failed to show any need to depose the general counsel and the personnel files are irrelevant because there is no indication the employees participated in any negligence or fabrication underlying the patient's claims.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: June 21, 2023, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Discovery, Medical Malpractice
J. Tabor finds that defendant was properly convicted of possession of methamphetamine. That a police officer detected the odor of marijuana near defendant in a Motel 6 parking lot did not necessarily constitute good cause to search defendant, but defendant committed a new crime by resisting arrest upon backing away and refusing to put his arms down. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: June 21, 2023, Case #: 22-0748, Categories: Drug Offender, Search, Resisting Arrest
J. Chicchelly finds that a farmer was properly granted summary judgment after a vehicle hit his cow because the driver could not prove the farmer breached a duty of care based on the fact that the cow had wandered onto the road. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: June 21, 2023, Case #: 22-1337, Categories: Negligence
J. Beetlestone grants in part Five Below’s motion for an award of legal costs after a jury ruled in its favor in a case with a hand sanitizer producer who failed to meet the requirements of the parties’ contract during the Covid-19 pandemic. Five below is entitled to reimbursement for costs incurred over transcript fees, travel and lodging, and other court costs.
Court: USDC Eastern District of Pennsylvania, Judge: Beetlestone, Filed On: June 21, 2023, Case #: 2:21cv1406, NOS: Other Contract - Contract, Categories: Settlements, Attorney Fees, Contract
J. Pinson finds that the appeals court improperly upheld the trial court's ruling in favor of the individuals in an action against the extended-stay motel alleging that they could not be evicted from the motel without dispossessory proceedings. Neither court correctly determined whether the parties were in a landlord-tenant relationship or an innkeeper-guest relationship. The case is remanded to allow the trial court to apply the legal framework laid out in the instant opinion. Vacated.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: June 21, 2023, Case #: S22G0838, Categories: Landlord Tenant
[Consolidated.] J. Hodges finds that the trial court properly convicted defendant of child molestation and correctly sentenced defendant. After initially sentencing defendant as a recidivist to serve 40 years in prison, the trial court resentenced defendant due to an error which said the sentence was the result of both a negotiated guilty plea and a jury trial. The new sentence merged all three of defendant's convictions related to touching the victim's vagina into one conviction and resentenced him as a recidivist. The resentencing did not violate double jeopardy protections. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 21, 2023, Case #: A23A0035, Categories: Sentencing, Sex Offender, Double Jeopardy
J. Chicchelly finds that a parent was improperly denied an application for vaccination determination concerning a dispute with her ex-husband over whether their children should be vaccinated. Since their dissolution did not address the issue, the lower court constitutes the proper venue. Reversed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: June 21, 2023, Case #: 22-0686, Categories: Family Law, Jurisdiction, Covid-19