129 results for 'filedAt:"2023-08-01"'.
J. Greenlee finds the lower court properly denied defendant’s motion to vacate his criminal sentence. Defendant was convicted of capital murder in 1978 and sentenced to life in prison. Defendant’s motion is time-barred as he is well beyond the three-year period in which to seek relief, and his claim that he received an illegal sentence is without merit as it does not exceed the statutory minimum. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Greenlee, Filed On: August 1, 2023, Case #: 2022-CP-00929-COA, Categories: Murder, Sentencing
J. Carlton finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant pleaded guilty to possession of contraband in a correctional facility for having a cell phone, and was sentenced to serve seven years in the custody of the Mississippi Department of Corrections. Because defendant filed the petition more than 12 years after entering his guilty plea, the matter is time-barred and cannot be considered. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Carlton, Filed On: August 1, 2023, Case #: 2022-CP-00831-COA , Categories: Smuggling
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J. Bourliot finds that the trial court properly dismissed the client's legal malpractice suit against the attorney because the complained of conduct is within the scope of the Texas Citizens Participation Act. The claims relate to a communication by the attorney "in or pertaining to a judicial proceeding." Also, the claims are time-barred. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: August 1, 2023, Case #: 14-22-00305-CV, Categories: Anti-slapp, Negligence, Legal Malpractice
J. Wise finds that the trial court erred in granting summary judgment to the landlord on the former tenant's suit based on res judicata. Because the landlord did not file the prior petition with the summary judgment motion, a proper determination cannot be made as to whether the tenant's claim over the security deposit "could have been brought in the prior action." Reversed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: August 1, 2023, Case #: 14-22-00341-CV, Categories: Civil Procedure, Landlord Tenant
J. Griffin finds that the court properly granted the state’s prayer for judgment seven years after the original sentencing for misdemeanor death by vehicle. The state had no reason to make the motion until defendant was charged with another motor vehicle offense. Affirmed.
Court: North Carolina Court of Appeals, Judge: Griffin, Filed On: August 1, 2023, Case #: COA22-672, Categories: Sentencing, Vehicle
J. Hamilton finds that the lower court properly found for the Corps in an environmental challenge to its decision to continue the overall program of building river training structures to maintain the navigable channel in the middle Mississippi River where the Ohio River meets it and more than doubles the river's flow. The Corps considered alternatives, removed structures that are no longer effective and studied the uses of dredged material that would minimize environmental harm. Other alternatives suggested by environmental groups were rejected, in part, because they would require Congressional authorization. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: August 1, 2023, Case #: 22-1466, Categories: Environment, Agency
[Consolidated]. J. Shepherd finds a lower court properly dismissed a bar owner's motion for coverage against an insurance company. The bar owner argued that the insurance company wrongfully denied his claims for damages after a bystander suffered injuries from a stray bullet in a bar room brawl. However, the bar owner's insurance policy does not cover assault and battery claims. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: August 1, 2023, Case #: 22-2496, Categories: Insurance, Damages, Contract
J. Arterburn finds the county court properly denied defendant’s request to transfer this aiding and abetting murder case to the juvenile court. Defendant admitted to planning the murder of his girlfriend’s father, who disagreed with their relationship, with his girlfriend. He admitted to driving her to the apartment where she stabbed her father to death. Surveillance video supports this, as well as defendant’s disposal of the murder weapon at a nearby grocery store. Though defendant does not have a criminal record, he does have a history of nonconforming, assaultive and reckless actions at school and home, including harming students, threatening teachers, destroying property and self-harm. His current charge shows a dramatic escalation and overwhelming evidence reveals that he poses a risk to the public if he is released without sufficient supervision and treatment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: August 1, 2023, Case #: A-23-211, Categories: Evidence, Murder, Accomplice Liability
J. Mead finds that the lower court improperly ruled on the appellants' claim for declaratory judgment in this case concerning their mother's estate. The claim was "not properly before the Superior Court but rather was within the Probate Court's exclusive jurisdiction." Accordingly, that claim is due to be dismissed. Vacated in part.
Court: Maine Supreme Court, Judge: Mead, Filed On: August 1, 2023, Case #: 2023ME42, Categories: Civil Procedure, Wills / Probate, Jurisdiction
J. Rodriguez finds a lower court ruled correctly in allowing testimony from a forensic expert at a murder trial. Defendant argued the testimony was improper because the lab where the expert worked was not accredited at the time it had tested the alleged murder weapon, and while this is a valid point, the error was “harmless” because the evidence of his guilt was multifaceted and “overwhelming.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 1, 2023, Case #: 08-22-00192-CR, Categories: Evidence, Murder, Experts
J. Clayton finds that the lower court improperly denied the insurer the opportunity to contest the uninsured motorist's liability for hitting and killing a man walking on I-70 after crashing his own car. The insurer is not bound by the driver's alleged admission of liability due to her failure to respond to this litigation. Reversed.
Court: Missouri Court Of Appeals, Judge: Clayton, Filed On: August 1, 2023, Case #: ED110912, Categories: Insurance, Contract
[Consolidated.] J. Barksdale finds the district court properly entered summary judgment in favor the officers and jailers based on qualified immunity in this suit alleging a failure-to-protect, arising from the suicide of two pretrial detainees in two Texas jails. Contested exhibits relate only to the officers’ knowledge of the risk of telephone cords as strangulation ligatures and do not bear on their subjective knowledge of the detainees as substantial suicide risks. Affirmed.
Court: 5th Circuit, Judge: Barksdale, Filed On: August 1, 2023, Case #: 22-10360, Categories: Evidence, Police Misconduct, Prisoners' Rights
J. Brown dismisses a former fire chief's First Amendment retaliation claims against a city and a city administrator arising from testimony he provided while in uniform after being subpoenaed in a criminal case against another employee. The First Amendment protection does not apply, as his speech occurred as part of his official duties, and the administrator is entitled to qualified immunity.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: August 1, 2023, Case #: 3:22cv2103, NOS: Employment - Civil Rights, Categories: Employment, Immunity, First Amendment
C.J. Robinson finds that the lower court erred when it granted the city and police officer's motion for governmental immunity on negligence claims that stemmed from a car collision because the state's immunity statute is not intended to apply to the operation of an emergency vehicle, under which circumstances a government actor can be held liable for reckless behavior. The lower court's extension of immunity in this scenario - where the officer traveled more than 70 miles per hour through an intersection and struck another vehicle - would effectively allow police and other government personnel to disregard traffic laws and a common-law duty of care, and so the injured motorist's case will be reinstated. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: August 1, 2023, Case #: SC20753, Categories: Vehicle, Immunity, Negligence
J. Fujisaki finds that the trial court probation condition barring defendant from possessing pornographic materials was too vague. The trial court, which convicted him of possessing child pornography, must provide a nonsubjective definition of pornographic material that would allow probation officers to distinguish prohibited materials from materials with primarily literary, artistic, political or scientific value.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: August 1, 2023, Case #: A165298, Categories: Probation, Child Pornography
J. Baker denies the veterans' motion for default judgment and dismisses a RICO, negligence, fraud and emotional distress action alleging that the doctor and pharmaceutical company conspired to prevent veterans suffering "blast-induced traumatic brain injury" from accessing hyperbaric oxygen treatment. The veterans' RICO claims are time-barred and they fail to allege the existence of an enterprise between the doctor and the company. The veterans also failed to plausibly allege that any conduct by the company caused their purported injury.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: August 1, 2023, Case #: 4:19cv189, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Fraud, Veterans, Racketeering
J. Palk partially grants a motion for sanctions stemming from a discovery dispute involving certain Rule 8 recordings. The court indicates that it will impose sanctions based on "repeated erroneous discovery responses," but it also notes that it is unclear "who is responsible for the discrepancy" and that the factual record should be further developed. Also, the sanctions are warranted based on a failure to comply with a court order requiring the production of the recordings.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: August 1, 2023, Case #: 5:21cv97, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Discovery
J. Russell grants a group of real estate trust firms its motion to dismiss allegations of breach of contract brought by a class of preferred shareholders after one of the firms sold shopping centers and redevelopment projects for $913 million. The same firm also merged with another that was known to be financially distressed and poorly managed. However, the firms are not considered to have breached contract because there was no liquidation or change of control to activate the shareholders’ rights to liquidation payments.
Court: USDC Maryland, Judge: Russell, Filed On: August 1, 2023, Case #: 1:22cv1103, NOS: Stockholders’ Suits - Contract, Categories: Commerce, Class Action, Contract
J. Srinivasan upholds defendant's wire fraud and other convictions and 8-year sentence related to her embezzlement of more than $1 million from her former employer. The trial court's jury instructions and the weight of the evidence against her rendered any error in the admission of certain evidence harmless, while the sentencing enhancement was properly applied. Affirmed.
Court: DC Circuit, Judge: Srinivasan, Filed On: August 1, 2023, Case #: 21-3075 , Categories: Fraud, Sentencing, Embezzlement
[Consolidated.] J. Walker denies two transmission owners and a utility company's petitions for review of the Federal Energy Regulatory Commission's approval a change to a transmission-funding regime. The commission considered the appropriate factors and created a fair regime by allowing participants to work together to choose and fund new projects.
Court: DC Circuit, Judge: Walker, Filed On: August 1, 2023, Case #: 22-1221 , Categories: Administrative Law, Energy
J. Gould finds that the district court properly entered a conviction after a jury trial for attempting to commit racially motivated violence. The district court conducted the trial under general orders issued in response to the Covid-19 pandemic, providing that only individuals with official court business may enter the courthouse. Under those orders, defendant alleged that he was denied the right to a public trial. Affirmed.
Court: 9th Circuit, Judge: Gould, Filed On: August 1, 2023, Case #: 21-10369, Categories: Fair Trial, Hate Crimes
J. Wiley holds that the Workers' Compensation Appeals Board improperly delayed final rulings on claimants' petitions for reconsideration. The Board must act on petitions for reconsideration within 60 days, and it may not grant a petition only to extend the deadline for purposes of further study. However, statute does not require the Board to issue a final ruling on the merits of a petition within 60 days.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: August 1, 2023, Case #: B318842, Categories: Workers' Compensation