112 results for 'filedAt:"2023-10-10"'.
J. Beales finds the lower court properly convicted defendant of three counts of first-degree murder, three counts of abduction with the intent to extort money, three counts of child abuse or neglect, three counts of child endangerment or cruelty, one count of robbery, one count of conspiracy to commit robbery, and one count of conspiracy to commit abduction with the intent to extort money for his role in a scheme to rob a man of money and at least two kilograms of cocaine. During the execution of the plan, defendant and other members of his group moved three members of a family into separate rooms, restrained them, then slit their throats. After completion of the killings, the defendant and others departed the home, leaving a 17-month-old toddler and a one-month-old baby unattended until a family member discovered them and the bodies days later. Evidence is sufficient to support defendant’s convictions. Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: October 10, 2023, Case #: 0676-22-2, Categories: Murder, Robbery, Kidnapping
J. Gabbert finds that the lower court improperly found for the homeowners' association, ruling that the couple breached the homeowner agreement by providing child care services from their single family residential home. The association's interpretation of the agreement would prohibit any resident from engaging in any work activity from their home, so the restriction is overbroad and cannot be enforced. It is undisputed that the family lives full-time at the property where it also operates as a home day care. Reversed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: October 10, 2023, Case #: WD85837, Categories: Property, Contract
J. Montgomery finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of especially aggravated robbery, aggravated assault and reckless endangerment for entering a home under false pretenses and stabbing and robbing the occupant. Defendant received an effective 40-year sentence. Defendant argues he received ineffective assistance from trial counsel, but the instant court finds no error in the post-conviction court’s determination that defendant was fairly represented and is not entitled to relief. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: October 10, 2023, Case #: W2022-01459-CCA-R3-PC, Categories: Ineffective Assistance, Robbery, Assault
J. Vaughan finds that the lower court properly convicted defendant on drug charges after denying his motion to suppress statements made during his police interview. Defendant's statement that "I'm not saying nothing right now though" did not clearly invoke his right to remain silent. In context of the whole conversation with police, it expressed his desire to speak off of the record as a condition of his cooperation. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: October 10, 2023, Case #: 180537, Categories: Drug Offender, Evidence, Self Incrimination
J. Arterburn finds the juvenile court properly terminated the father’s parental rights to his minor child. Several children of various parentage were removed from the mother’s care due to neglect and drug use, and the father in this case was identified through a paternity test. A case manager informed him of the child’s eating needs, and he failed to demonstrate his ability to meet them. He was also required to attend the child’s medical appointments but failed to follow through. The father has not acquired the skills to care for the child and has not established that he is a fit parent. The court properly denied his request for visitation pending appeal. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: October 10, 2023, Case #: A-23-143, Categories: Evidence, Family Law, Guardianship
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J. Bishop finds the Worker’s Compensation Court properly dismissed a machine operator’s claim for hand and arm numbness allegedly incurred during her employment with the Bimbo bakery. The employee failed to offer an expert medical opinion linking her injury to the employment. Statements offered were not authored by a physician and neither constitute medical history nor connect the injury to her employment. No record evidence is presented. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 10, 2023, Case #: A-22-981, Categories: Employment, Evidence, Workers' Compensation
J. Bishop finds the district court properly denied the mother’s request for grandparent visitation outside the United States for the children after granting joint physical custody, with the father receiving sole legal custody pursuant to the divorce decree. The court determined that the risk of the mother taking taking the children to Africa was “too substantial” considering her “previous noncompliance.” The mother also failed to assign other arguments as error. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 10, 2023, Case #: A-22-894, Categories: Evidence, Family Law, Guardianship
J. Kleeh grants the ski resort's motion for judgment on the pleadings in its dispute with a hotel owner claiming the resort breached the amenities and privileges provision in the recreational covenant of its 1979 deed when it failed to offer a "Lift Ticket Guarantee" to all hotel guests during the early stages of the Covid-19 pandemic. The recreational covenant in the deed between the resort's and hotel owner's predecessors is a personal, and not real property, covenant.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: October 10, 2023, Case #: 2:22cv18, NOS: Other Contract - Contract, Categories: Property, Business Practices, Contract
J. McCarty finds the Mississippi Department of Employment Security (MDES) properly denied an applicant’s request for unemployment benefits. The individual claims he is a self-employed freelance paralegal who became unemployed as a result of the Covid-19 pandemic and applied for Pandemic Unemployment Assistance under the CARES Act. He received $9,744 in benefits, but MDES determined he was not entitled to them and must pay them back. An administrative law judge determined that the applicant submitted insufficient documentation to support his unemployment claim and the circuit court affirmed the finding. The instant court finds no error with the lower court’s findings. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: October 10, 2023, Case #: 2022-CC-00948-COA, Categories: Employment, Agency
Per curiam, the appellate division finds that the lower court improperly denied the construction worker's motion for summary judgment as to liability on his labor law claims. The worker established that the scaffold provided to him for the work he was performing lacked guardrails as required to protect him from falling. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 10, 2023, Case #: 05110, Categories: Employment, Tort
Per curiam, the appellate division finds that the lower court properly held that New York has exclusive jurisdiction over the parties' custody dispute because the child has resided in New York for over six months prior to the mother filing for custody. The mother's relocation from Morocco to escape domestic violence was not a wrongful removal of the child. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 10, 2023, Case #: 05091, Categories: Family Law, International Law
J. Lawrence finds the lower court improperly convicted defendant of murder. A jury convicted defendant of murder for allegedly shooting a woman in the head, killing her as she answered a knock at her front door. The State produced no eyewitnesses and no physical evidence connecting defendant to either the murder or the murder weapon. Evidence is insufficient and does not support defendant’s conviction and life sentence. The instant court renders a judgment of acquittal. Reversed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: October 10, 2023, Case #: 2022-KA-00009-COA, Categories: Evidence, Murder
Per curiam, the evenly divided supreme court finds, without discussion, that the court of appeals' decision must be upheld. Affirmed.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: October 10, 2023, Case #: 2021AP000311-CR, Categories: Constitution, Drug Offender, Evidence
J. Hull finds that the district court properly denied defendant's motion to dismiss his indictment for charges related to possession of child porn. Defendant later entered a conditional guilty plea. Defendant was arrested in March 2020 but was not formally indicted by a grand jury until December 2020 due to delays caused by the Covid-19 pandemic. The five pandemic-related continuances were not an abuse of discretion and were within the ends-of-justice exception to the Speedy Trial Act. Administrative orders did not preclude magistrate judges from granting ends-of-justice continuances due to difficulties presented by the pandemic. Affirmed.
Court: 11th Circuit, Judge: Hull, Filed On: October 10, 2023, Case #: 22-11731, Categories: Speedy Trial, Child Pornography
J. Talwani grants in part a student’s motion for summary judgment against a public school district and an educational organization for violating the Individuals with Disabilities Education Act after a school official unilaterally made the decision to recommend the student’s placement in day schools, even after it had been decided by his parents and educational professionals in his IEP meetings that he should be in a residential program. A hearing officer did not allow representatives for the student to fully cross-examine the school official who made the unilateral decision and did not properly consider the testimony of a neuropsychologist who evaluated the student’s needs.
Court: USDC Massachusetts, Judge: Talwani, Filed On: October 10, 2023, Case #: 3:22cv10267, NOS: Education - Civil Rights, Categories: Civil Procedure, Education, Experts
J. Seabright denies summary judgment to the government and the IRS in case of a Japanese resident’s failure to file a foreign bank account report for several years. The failure to file was likely not willful, but rather a result of the fact that the resident does not speak English and lives primarily in Japan, and relied on an accountant and a mistranslated form that indicated that non-residents were exempt from this filing.
Court: USDC Hawaii, Judge: Seabright, Filed On: October 10, 2023, Case #: 1:22cv63, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Government, Tax
J. Martinez grants, in part, the class's motion to compel discovery, ruling requests regarding managed care organizations used by the "medically fragile children" are relevant to the case, even though the organizations are not parties, and so the state agencies must provide responsive documents to those interrogatories.
Court: USDC New Mexico, Judge: Martinez, Filed On: October 10, 2023, Case #: 1:22cv325, NOS: Other Contract - Contract, Categories: Medicare, Discovery, Class Action
J. Holte allows a medical officer to continue claims challenging her separation from the air force because genuine issues remain in dispute as to why multiple requests to withdraw her separation had been ignored.
Court: Court of Federal Claims, Judge: Holte, Filed On: October 10, 2023, Case #: 18-496, Categories: Military