114 results for 'filedAt:"2023-12-01"'.
J. Kilbane finds the trial court properly denied defendant's motion to correct an illegal sentence after he was tried and convicted of second-degree fleeing or eluding an officer and sentenced to 15 years' imprisonment. The erroneous appearance of the "aggravated" modifier in defendant's amended information, judgment and verdict form are scrivener's errors that do not change the fact that the documents otherwise accurately portray defendant's charges and do not make his sentence illegal. Defendant's sentence is upheld but the case is remanded for the trial court to remove the word "aggravated" from the judgment's handwritten description of the second count against him. Affirmed.
Court: Florida Courts Of Appeal, Judge: Kilbane, Filed On: December 1, 2023, Case #: 23-0684, Categories: Criminal Procedure, Sentencing
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J. Jackson denies a preliminary injunction to a group of street vendors who challenge the district's "Clean Hands Law," which does not allow a vendor to get a license or permit if the vendor owes $100 in past due taxes, fines, penalties or interest. The vendors cannot show irreparable harm, as they can seek financial relief via a related amnesty program.
Court: USDC District of Columbia, Judge: Jackson, Filed On: December 1, 2023, Case #: 1:23cv1785, NOS: Constitutionality of State Statutes - Other Suits, Categories: Licensing, Injunction
Per curiam, the North Dakota Supreme Court adopts a hearing panel of the disciplinary board to transfer attorney Kristin A. Overboe's status to "incapacitated." Overboe failed to answer the petition and Disciplinary Counsel moved for default. The hearing panel concluded Overboe’s conduct "demonstrates the presence of a mental condition that adversely affects her ability to practice law."
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: December 1, 2023, Case #: 2023ND229, Categories: Attorney Discipline
J. Hollander grants a marketing company’s motion to reopen discovery to conduct a deposition of a former employee in this employment dispute of the severance agreement being forged. The company alleges good cause to conduct the deposition due to the fact that the former employee had the opportunity to depose the company’s chief executive officer. The former employee’s motion for sanctions is denied.
Court: USDC Maryland, Judge: Hollander, Filed On: December 1, 2023, Case #: 1:21cv309, NOS: Other Contract - Contract, Categories: Employment, Defamation, Discovery
J. Oden Johnson finds that the lower court properly dismissed the retirees' claims against the city seeking additional money and guarantees of health care. In a prior appeal, this court already found that the retirees' have "no right to receive" either money or additional healthcare guarantees from the city or its four pension funds. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: December 1, 2023, Case #: 211317, Categories: Health Care, Pensions
Per curiam, the appeals court finds the trial court improperly sentenced defendant upon his conviction of second-degree murder, attempted second-degree murder and possession of a firearm by a felon in connection with a drive-by shooting. Defendant's life sentence for second-degree murder stands, but his 30-year sentences on seven counts of attempted second-degree murder and firearm possession exceed what is allowed by statutes and cannot stand, in part because, though contradictory, the jury concluded defendant did not possess a firearm as to the attempted murder charges, so those counts cannot be reclassified as first-degree felonies. The case is remanded for further proceedings. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: December 1, 2023, Case #: 23-1362, Categories: Firearms, Murder, Sentencing
J. Hornsby denies requests by a casino hotel to dismiss claims of civil rights violations in the swimming pool area by a black retired naval officer and military policeman who was a guest at the inn. The complaint includes plausible allegations the casino had a policy of excluding black guests from the pool area by insisting he show photo ID, a requirement not made of white guests in the pool area. Further, the casino may be vicariously liable for the suit’s battery allegations that its security officer placed his fist and knee on the retiree’s back after he was handcuffed, stating: “You’re a cop. You’re acting like a crook.”
Court: USDC Western District of Louisiana , Judge: Hornsby, Filed On: December 1, 2023, Case #: 5:23cv818, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Assault, Police Misconduct
J. Acree finds that the city board of adjustment improperly granted a permit and setback variance to enable a church to construct a grotto behind its property because boards of adjustment are prohibited by statute from granting variances which contradict zoning regulations and from enlarging or extending previously existing nonconforming uses. Reversed.
Court: Kentucky Court Of Appeals, Judge: Acree, Filed On: December 1, 2023, Case #: 2022-CA-0867-MR, Categories: Municipal Law, Zoning
J. Crothers finds that the district court improperly entered a disorderly conduct restraining order prohibiting a husband from having contact with his wife for a period of six months in a matter involving a divorce proceeding. The use of the interim order process in disorderly conduct restraining order proceedings raised due process concerns. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: December 1, 2023, Case #: 2023ND228, Categories: Family Law, Restraining Order
Per curiam, the Vermont Supreme Court finds that the trial court properly denied bail after inmate was charged with two counts of aggravated domestic assault. The inmate is a habitual offender and faces a possible life sentence. The relevant factors were properly weighed in determining that he was a “flight risk” and holding him without bond was necessary for public protection. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 1, 2023, Case #: 23-AP-364, Categories: Assault, Bail
J. Torres finds the lower court properly convicted defendant, accused of submitting false documents to obtain pandemic employment assistance, of tampering with public records, but not of a unsworn falsification charge. By knowingly presenting a fake business license to the Department of Labor, defendant intended for it to be taken as true, and documents purporting to be public record make them so. An unsworn falsification conviction is reversed, as his intent in the submission of the fake document was not to mislead Labor Department employees about his unemployment benefit eligibility, since he was actually eligible and the government did not show any proof that he was ineligible. Affirmed in part.
Court: Guam Supreme Court, Judge: Torres, Filed On: December 1, 2023, Case #: CRA21-11, Categories: Evidence, Fraud, Intent
J. Howell denies a company’s motion to disregard jury findings and amend judgment after it was sued by a former employee who alleged he was abruptly fired after loaning the company a large amount of money. At jury trial, jurors ruled mostly but not entirely in favor of the employee. They were “presented with sufficient evidence justifying the exact figure they chose,” and the company has not provided adequate basis for overturning their findings.
Court: USDC Western District of Texas , Judge: Howell, Filed On: December 1, 2023, Case #: 1:21cv331, NOS: Other Contract - Contract, Categories: Employment, Jury, Contract
J. DeGiusti partially grants the defendant insurance company's dismissal motion in this lawsuit regarding its claims decisions under an employee welfare benefit plan. The plaintiff employee and his daughter contend that the company, which was the claims administrator, "denied or improperly discounted payment" for certain medical claims. However, they fail to state claims for breach of fiduciary duty and for "failure to supply requested information."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: December 1, 2023, Case #: 5:23cv120, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Boyd responds to certified questions, submitted by the Fifth Circuit Court of Appeals, concerning whether the flight attendants' injury claims have standing after a series of rulings and the passage of time. After the attendants' initial filing was dismissed in federal district court, and affirmed by the appeals court, they refiled their suit. The refiled suit was also dismissed because it was barred by the statute of limitations. The attendants have exhausted their appeals as allowed under Texas law, thus ending their ability to pursue their claims.
Court: Texas Supreme Court, Judge: Boyd, Filed On: December 1, 2023, Case #: 23-0388, Categories: Civil Procedure, Jurisdiction
J. Nguyen finds that the district court properly denied injunctive relief in several cases in which individuals sued to compel U.S. Citizenship and Immigration Services to act on their applications for adjustment of status. The individuals are natives of India who have lawfully worked in the United States for years after their employers sponsored them for immigrant visas. The individuals have been waiting in a visa queue for more than 10 years. After the State Department estimated that it had reached the individuals’ places in line for adjustment of status, the State Department then revised its forecast and concluded that it had hit the visa cap for the year. The consolidated plaintiffs are unlikely to succeed on the merits. Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: December 1, 2023, Case #: 22-16700, Categories: Employment, Immigration