143 results for 'filedAt:"2023-11-17"'.
Per curiam, the appellate division finds that the trial court properly convicted defendant of sexual assault against a child because the victim's testimony about lyrics from a song that had been playing during the assault helped confirm the event, and the court did not abuse its discretion by allowing the mother of one of the victims to testify. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: KA 22-01638, Categories: Evidence, Sex Offender
Per curiam, the appellate division finds that the trial court improperly compelled the board of directors for the public benefit corporation to present a proposal for a bid to work on a development project. The petition was untimely since the developer demanded that the board consider the incentive proposal more than four months after completing the project.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: CA 22-01665, Categories: Civil Procedure, Construction
J. Prescott finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus on ineffective assistance claims. Although police began downloading data from his cell phone before a judge signed their search warrant, none of the data was examined prior to the issue of the warrant, while police also had multiple avenues to obtain calls and texts between the inmate and his co-conspirator, all of which would have rendered any motion to suppress futile. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: November 17, 2023, Case #: AC45712, Categories: Habeas, Ineffective Assistance, Murder
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Per curiam, the appellate division finds that the trial court improperly allowed breach of statutory services claims to continue in an action contending a physical education teacher sexually abused an elementary school student because the teacher was not "legally responsible" for the student's care under social services law, and thus the school had no requirement to report suspected abuse. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: CA 22-01031, Categories: Education, Negligence
J. Stargel grants the attorneys' writ of certiorari to quash the trial court's order denying the motions for admission to appear pro hac vice in an underlying case. The orders do not specify the permissible basis of denial orally or written and shall be remanded back to the trial court.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: November 17, 2023, Case #: 6D23-1598, Categories: Civil Procedure
J. Delaney finds the trial court properly denied defendant's motion to suppress during his drug case. Testimony from several confidential informants and a 14-month ongoing investigation by police that included several controlled buys were sufficient to establish probable cause for a search warrant at defendant's residence. Furthermore, DNA evidence from various items at the home used to manufacture drugs and testimony from eyewitnesses who purchased drugs from defendant were sufficient to convict defendant of all the trafficking charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: November 17, 2023, Case #: 2023-Ohio-4160, Categories: Drug Offender, Evidence, Search
J. Pate finds the superior court properly dismissed a lawsuit because it failed to state a claim upon which relief may be granted for defendant, who was sentenced to 104 years in prison for kidnapping and murder. The “proper vehicle…would be an application for post-conviction relief.” Affirmed.
Court: Alaska Supreme Court, Judge: Pate, Filed On: November 17, 2023, Case #: S-18511, Categories: Murder, Sentencing, Kidnapping
J. Hickey grants a sheriff department's motion to dismiss claims of violating the constitution for using the “Precision Immobilization Technique maneuver” alleged by a surviving wife whose husband died in a vehicle crash, after leaving an event intoxicated, with sheriffs following after. The widow failed to give evidence that a PIT maneuver was performed by the officers, so her unconstitutional policy claim fails.
Court: USDC Western District of Arkansas , Judge: Hickey, Filed On: November 17, 2023, Case #: 1:22cv1027, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Wrongful Death, Police Misconduct
J. Lambert finds that the planning commission properly approved Verizon's application for the construction of a new cellular antenna tower because the tower would not affect the historic integrity of a local Native American academy, and the landowner was allowed to object to the decision. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Lambert, Filed On: November 17, 2023, Case #: 2021-CA-1163-MR, Categories: Property, Zoning
J. Standridge finds a lower court properly denied a defendant's motion to suppress evidence. The defendant, who was detained for driving under the influence, argued that the lower court erred in refusing to toss out an evidentiary breath test based on claims that he invoked his rights to counsel. However, the government presented sufficient evidence in court that the defendant was obligated to invoke his rights for counsel after the EBT. Affirmed.
Court: Kansas Supreme Court, Judge: Standridge, Filed On: November 17, 2023, Case #: 123,862, Categories: Civil Rights, Evidence
J. Berg grants GEICO's motion to compel depositions from 13 insureds in a class action brought by non-exempt adjusters who say they were not paid overtime or for all hours worked. The 13 opt-in class members at issue failed to show up for their depositions despite being properly notified. However, GEICO is not entitled to sanctions for the insureds' failure to appear because GEICO unilaterally picked depositions dates despite a prior court order explicitly requiring such depositions to proceed on dates that were "mutually agreeable" for the witness and both sets of counsel.
Court: USDC Southern District of California, Judge: Berg, Filed On: November 17, 2023, Case #: 3:21cv1751, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Sanctions, Discovery
J. Gardner finds a lower court properly dismissed a cross- appeal brought by a county against a city employee's workers compensation award claims. The county argued that the employee's award should be reduced based on a preexisting injury. However, the employee sufficiently showed in court that applying the American Medical Association Guides to the Evaluation of Permanent Impairment is just a starting point in evaluating the amount of his award. Reversed in part.
Court: Kansas Courts Of Appeal, Judge: Gardner, Filed On: November 17, 2023, Case #: 125,592, Categories: Employment, Negligence, Workers' Compensation
J. Clement finds the district court improperly denied the officer's motion for summary judgment in a case where the suspect was fatally shot by the officer after fleeing from his vehicle. Bodycam video shows the suspect possessed a pistol with an extended clip and that he suspiciously concealed his right arm as he fled, objectively suggesting he was armed. This qualifies as a furtive gesture justifying deadly force. Affirmed.
Court: 5th Circuit, Judge: Clement , Filed On: November 17, 2023, Case #: 22-40781, Categories: Constitution, Evidence, Police Misconduct
J. Cassel finds the trial court properly convicted defendant for firearm possession by a prohibited person and unlawful discharge of a firearm. Eyewitness testimony, along with the discover of a gun and shell casings found in defendant's apartment, support the convictions. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: November 17, 2023, Case #: S-22-810, Categories: Evidence, Firearms
J. Merchant grants conditional certification to a Fair Labor Standards Act collective action brought against the owner of a chain of Brooklyn-based coffee shops over unlawful pay practices. The coffee chain operator tried to argue against certification by suggesting the litigant’s claims applied only to her experience as a manager and general manager. However, the litigant provided the names of several employees, including two line cooks and a barista, who all claimed they were not being paid their full wages.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: November 17, 2023, Case #: 1:23cv2675, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Moorer finds in favor of the insurer for breach of contract in the insured's complaint for coverage of a vehicle accident. The insured's daughter was not a listed driver on the policy and had lived in the home for more than 90 days when she was involved in a vehicle accident. The policy stated that the insurer "will not pay for damage resulting from a collision if the vehicle is being operated by an unlisted driver – i.e., a driver residing in your household longer than 90 days and not listed on the policy."
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: November 17, 2023, Case #: 1:22cv355, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Acree finds that the Kentucky Board of Examiners of Psychology improperly initiated disciplinary proceedings against a psychologist after a grievance was filed against a post-doctoral candidate under her supervision. The board lacked jurisdiction to proceed since the psychologist no longer held a license to practice in Kentucky. Reversed.
Court: Kentucky Court Of Appeals, Judge: Acree, Filed On: November 17, 2023, Case #: 2022-CA-1298-MR, Categories: Licensing, Jurisdiction
Per curiam, the circuit finds that the district court improperly found for Amtrak in a bathroom cleaner's slip and fall claims because she raised triable issues as to whether the railroad was aware of the fact that smelly and dirty bathroom conditions necessitated her self-described cleaning method of "wet, wet, mop, mop, scrub really hard."
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 17, 2023, Case #: 22-1574, Categories: Employment, Negligence
J. Pepper grants the citizen's motion to proceed without pre-paying the filing fee in his lawsuit alleging the county caused false charges to be brought against him in violation of his constitutional rights. The citizen has until December 22, 2023, to file an amended complaint addressing the issues in his current complaint, including a vagueness of allegations and violations of specific constitutional rights by specific entities or individuals and a lack of clear claims for relief that properly trigger federal jurisdiction. His lawsuit will be dismissed if he does not file an amended complaint by the deadline.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 17, 2023, Case #: 2:23cv1185, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process