205 results for 'filedAt:"2023-06-29"'.
J. Massing upholds the lower court's finding that inland property owners have an easement over a couple's waterfront property. The deed includes sufficient language referring to others' access to the way that leads to shore to put the couple on notice the property was encumbered with an easement.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: June 29, 2023, Case #: 22-P-159 , Categories: Property
J. Sammartino denies a company's motion for a temporary restraining order against a shareholder who allegedly threatened to dump his shares in the company in order bring about financial devastation. The company claims it would be financially hurt if the shareholder were to follow through on his threats, but these allegations fail to demonstrate irreparable harm, as this injury could be remedies by a damages award.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: June 29, 2023, Case #: 3:23cv1064, NOS: Other Contract - Contract, Categories: Contract, Injunction
J. Alito finds that the circuit improperly ruled in trademark infringement claims concerning a U.S.-based company and six foreign companies because the Lanham Act is not extraterritorial and extends only to domestic commerce. Reversed.
Court: US Supreme Court, Judge: Alito, Filed On: June 29, 2023, Case #: 21-1043, Categories: Antitrust, Commerce, Trademark
J. Hanisee finds that the lower court properly suppressed DNA evidence collected by a sexual assault nurse examiner who died between the time of the examination and testing. Because defendant lacked the opportunity to cross-examine the nurse, precedent compels upholding the suppression of her statements made regarding the swabs.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: June 29, 2023, Case #: A-1-CA-39585, Categories: Evidence
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J. Colloton finds a lower court properly sentenced a defendant to 296 months in jail after he pleaded guilty to unlawful possession of ammunition as a felon. The defendant argued that the lower court erred in deeming him as a armed career criminal. However, the government presented sufficient evidence in court that he has a prior conviction for voluntary manslaughter, and that his sentence falls below the guidelines range, which was decreased by three levels after he admitted guilt. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 29, 2023, Case #: 22-2631, Categories: Firearms, Sentencing, Manslaughter
J. Stoll finds that the board of veterans' appeals improperly ruled regarding a disability rating by misinterpreting the requirements of the regulation. Reversed.
Court: Federal Circuit, Judge: Stoll, Filed On: June 29, 2023, Case #: 2022-1243, Categories: Veterans
J. McFadden finds that the trial court improperly denied the patient's motion for class certification in a putative negligence, invasion of privacy and breach of contract class action against the owner of a private mental health and substance abuse treatment facility. The patient alleged that the facility's conduct enabled its former employee to disclose the private health information of more than 1,400 patients to unauthorized individuals. The trial court incorrectly found that the patient had not established commonality or typicality. The fact that the proposed class members had different types of documents disclosed does not defeat commonality because the patient alleged that it was the facility's conduct in enabling the ex-employee to disclose the documents which was common as to all the class members. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 29, 2023, Case #: A23A0605, Categories: Negligence, Class Action
J. Hicks denies summary judgment to a subcontractor, refusing to dismiss a contractor’s damages claims, arising from the subcontractor’s filing of a $388,587 property lien against the project owner regarding a dispute over the removal of asbestos from the demolition of a battery manufacturing plant. The ruling seeks additional argument regarding the causes of the subcontractor’s claims relating to the lien and whether the dispute could be resolved separately from any trial, possibly in an evidentiary hearing or after a trial record is made.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: June 29, 2023, Case #: 5:20cv471, NOS: Other Contract - Contract, Categories: Construction, Evidence, Contract
J. McShan finds that the lower court properly convicted defendant based on his guilty plea to robbery. Defendant contradicted the charged crime by stating during plea allocution that no one possessed a pistol during the incident in question, but subsequent questioning rendered his plea voluntary by establishing all of the factual elements of robbery. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: June 29, 2023, Case #: 112178, Categories: Robbery, Plea
Per curiam, the appellate division finds that an office manager at a commercial heating business was properly found ineligible for unemployment benefits because she was not totally unemployed. After being laid off from a full time position at the start of the Covid-19 pandemic, she committed willful misstatements by working as a part time drugstore clerk without reporting hours or income. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 536125, Categories: Employment
J. Dallet finds that, in light of a decision from the Wisconsin Supreme Court in 2021 that applies retroactively, the circuit court improperly denied as untimely the patient's jury demand ahead of his rescheduled final recommitment hearing even though it was filed at least 48 hours before the hearing. It is concluded that the order extending the patient's commitment for 12 months must be reversed, but the case will not be remanded to the circuit court because its extension order was reversed on appeal and it no longer has competency over the patient's case because the underlying commitment order has expired. Reversed.
Court: Wisconsin Supreme Court, Judge: Dallet, Filed On: June 29, 2023, Case #: 2022AP000140-FT, Categories: Judiciary, Commitment
Per curiam, the appeals court finds that the trial court improperly ruled in favor of the eldest son in an action to compel the sale of a property to him. The eldest son sought to return property to a previous estate and to allow him a fresh set of days to exercise a purchase option which would otherwise have expired. The trial court correctly found that the restriction agreement did not constitute an illegal restraint on alienation. However, the eldest son failed to meet the restriction agreement's purchase option deadline and therefore waived his right to make the purchase. Affirmed in part.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: June 29, 2023, Case #: 362694, Categories: Property
J. Liu holds that the trial court must revisit defendant's sentence of 40 years to life for second degree murder. He was not the actual shooter and the causal link between his actions and the killing are too tenuous for proximate causation or direct aiding and abetting implied malice theories. The trial court failed to consider whether he knew the shooter intended to shoot the victim and whether he intended to help with the shooting, as required to find that he aided and abetted. Reversed.
Court: California Supreme Court, Judge: Liu, Filed On: June 29, 2023, Case #: S270723, Categories: Murder, Sentencing
J. Wilkin finds the trial court properly denied defendant's motion to suppress the results of a warrantless search of his trailer during his firearm-related case. The totality of the circumstances allowed for the application of the community caretaking exception to the Fourth Amendment. The victim of defendant's domestic violence assault informed police defendant had a loaded AR-15 with him inside the trailer and had taken five lines of Xanax, and, when combined with his criminal history and declaration he "would not leave without a fight," it was necessary for the officers to find and secure the weapon without a warrant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: June 29, 2023, Case #: 2023-Ohio-2191, Categories: Firearms, Search
J. Leahy finds that the lower court erred when it denied a woman's extramarital romantic partner his request to provide criminal pattern jury instruction concerning the voluntariness of his statements to law enforcement. This comes after the second jury trial for the partner in which he was convicted of second degree murder of the woman's husband. However, the lower court did not violate the partner's double jeopardy rights when it entered evidence of premeditation and conspiracy because the same evidence was used for the murder conviction, and that evidence was sufficient for that conviction. Reversed in part.
Court: The Appellate Court of Maryland, Judge: Leahy, Filed On: June 29, 2023, Case #: 12-77-06-C, Categories: Criminal Procedure, Murder, Jury Instructions
J. Hicks finds the lower court properly issued civil stalking protective order against the defendant, after he publicly posted animations he created depicting individuals who looked like the plaintiff, including some he identified with the plaintiff's name, being the victim of violence or depicted naked. He also made sexual and threatening comments towards plaintiff, including that he was sexually aroused by her and desiring that she be "gang-banged, raped or shot." The right to free speech is not intended to allow citizens to make threats, including threats where the person uttering the threat doesn't actually intend to carry it out. Affirmed.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: June 29, 2023, Case #: 2022-0114, Categories: Evidence, Restraining Order, First Amendment
J. Palk partially grants the estate representative's motion in limine in this lawsuit arising from the death of a pretrial detainee, who had been involved in a car accident. The motion is granted as to the suggestion that the decedent "was familiar with the process of obtaining medical care at the jail," as the statement lacks appropriate evidentiary support.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 29, 2023, Case #: 5:21cv418, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Health Care
J. Zimmerman finds the trial court did not violate defendant's constitutional right to indictment by a grand jury when it granted the state's motion to alter the date of his crimes on the indictment. None of the crimes or his alleged actions changed as a result of the motion, which was merely used to correct a mistake in the initial filing. Meanwhile, defendant's identity as the shooter was properly established by both eyewitness testimony from the victim and another witness, as well as surveillance footage of defendant's dispute with the victim prior to the shooting. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: June 29, 2023, Case #: 2023-Ohio-2193, Categories: Evidence, Firearms, Assault
J. James finds the trial court erred in permitting evidence obtained on a warrant that referenced a heroin deal in the future. Under Oregon’s statutory warrant requirements, a judge may issue a warrant “only when ‘the basis of the record made before the judge' establishes that ‘there is probable cause to believe that the search will discover things specified in the application’ and the warrant application satisfies the requirement…that it particularly set forth the facts and circumstances tending to show that the objects of the search are in the places, or in the possession of the individuals, to be searched.” Reversed.
Court: Oregon Supreme Court, Judge: James, Filed On: June 29, 2023, Case #: S069654, Categories: Drug Offender, Search
J. Pritzker finds that the lower court properly classified defendant as a level two sex offender based on his North Carolina guilty plea to prostitution of a minor, which required registration when he moved to New York. Defendant contends he should have been sentenced as a level one offender based on his age and disabilities, including the loss of his arm, but he did not explain how those mitigating factors would minimize his likelihood of reoffending. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: June 29, 2023, Case #: 533555, Categories: Sentencing, Sex Offender
J. Viramontes holds that the trial court must allow defendant to withdraw a no contest plea and vacate her convictions for identity theft and related offenses because she did not fully understand the adverse immigration consequences of her plea. Reversed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: June 29, 2023, Case #: B317814, Categories: Plea, Identity Theft
J. Johnson finds the trial court properly dismissed with prejudice the intentional "Derivative Tort Claim" brought by the state prison inmate alleging that Law Librarians at the prison denied him access to the restroom during a "headcount." The inmate claims First, Fifth, Eighth, and Fourteenth amendment violations, though intentional tort claims are barred by sovereign immunity, and are not waived by the Texas Tort Claims Act. The allegations in the inmate's petition affirmatively negate jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: June 29, 2023, Case #: 09-22-00221-CV, Categories: Tort, Immunity, Prisoners' Rights